Terms and conditions

Art 1. The conditions below apply to all our documents, agreements and deliveries, unless agreed otherwise in writing.

When signing any contract with Marcottestyle, whereby an agreement and/or order is transferred, the customer expressly agrees to our terms and conditions and waives theirs.

Art 2. The specific and general terms and conditions of sale of every subcontractor/manufacturer of Marcottestyle also apply to all our documents, agreements and deliveries involving a subcontractor or ultimate manufacturer, unless agreed otherwise in writing. When signing any contract with Marcottestyle, whereby the order is transferred, the customer expressly agrees to the general terms and conditions of each subcontractor and/or manufacturer and waives their application. Both of each subcontractor and/or manufacturer, who came in handy in the agreement, and of Marcottestyle itself, their terms and conditions of sale are always communicated to the customer from each party and are therefore deemed to have been received, unless written objection is made within 5 days after the date of signing of the agreement, order form or other documents.

Art 3. For the mere sale of furniture (whether it is sold via a project file or via the webshop), we also refer to the general terms and conditions under the collection section at www.shop.marcottestyle.com, whereby both general terms and conditions are binding without limitation.

Art 4. Only the final dimensions on the plan in A3, A1 or A.0 format, which may or may not have been signed by the client, are for informational purposes in accordance with art 25, and the authenticity of the colors are only for nuance. (the number of the stated color is then binding). A color sample is always sent in advance and deemed to be accepted unless written objection is made within 5 days of the post date. The 3D projections are always purely informative and not binding.

Art 5. DELIVERY: The buyer has the obligation to examine the goods in detail at the time of delivery and to refuse them immediately if he finds any defect or non-conformity. He will in any case have to report if the packaging has any visible damage, which could indicate a possible damage inside. If the customer nevertheless accepts the delivered goods even though a defect or damage has been detected during delivery, he must immediately note this in writing on the CMR (consignment note or delivery note) of the carrier. Failing this, no complaint will be accepted afterwards.

Art. 6. If Marcottestyle cannot deliver one or more goods through no fault of its own, Marcottestyle may propose a suitable alternative under the same conditions, without being obliged to pay any compensation.

Art 7. POSTPONEMENT OF DELIVERY: Even if the delivery is free or not, and it is postponed or changed due to the fault of one of the parties, or additional deliveries are required, these later deliveries and additional storage are at the expense of the person who caused them.

Art. 8. All materials and goods supplied remain our property until full payment has been made. The customer is responsible for damage to and alienation of these goods from delivery to the yard. The customer is also responsible for damage to and alienation of our material that is located on the yard. The customer takes out adequate insurance for all this, including against fire and storm damage.

The customer ensures careful storage of the goods delivered to the yard and for their security.

Art. 9. PAYMENT: The goods are generally payable in cash upon ordering. For projects and contractors, there is a 50% down payment, 40% payment before delivery and the balance at the latest at the time of delivery that coincides with the delivery in the case of complete furnishing, unless expressly agreed otherwise.

Art. 10. Every invoice that remains unpaid at the time of delivery automatically, by operation of law, by this mere fact and without notice of default being required, an interest of 1% per month. On the other hand, in the event of full or partial non-payment within the established terms, by operation of law, automatically and without notice of default being required, a fixed compensation is due, which is set at 10% of the amount of the entire order, with a minimum of 250 Euros, without prejudice to interest.

Art. 11. Marcottestyle reserves the right, in the event of non-compliance with the agreed payment terms, on the due date as stated, to suspend the execution of the works and/or deliveries until full payment of the invoice is obtained, without this giving rise to any payment of compensation to the client. In this case, the damage caused by work interruption (ordering materials, storage, work interruption compensation, etc.) must be compensated by the client, who is the cause of this.

Art. 12. IN CASE OF CONTRACTING: If an invoice is not paid on time, Marcottestyle and/or the contractor and/or subcontractor reserves the right to interrupt the execution of the work still to be performed until the invoice has been paid, without any compensation being due by the latter. The contractor himself determines when he can resume the work, without any compensation for delay being due. If the contractor suffers damage (both direct and indirect) as a result of this suspension, the customer will have to compensate this. If necessary, the contractor can cancel the balance of the work still to be carried out. In that case, the customer owes the compensation as stipulated in the following art. 10.

Art. 12b. The goods are brought to the site at the risk of the contractor. The customer must ensure that the goods can be delivered to the yard immediately upon arrival and that they can be stored in a safe manner. Useless travel costs and waiting times that are too long (more than 15 minutes) will be charged.

Art. 12c. After placing the goods, the risk passes to the customer.

Art. 12d. Modifications or extensions of and to the electricity are always at the expense of the customer and do not take into account existing parts (non-compliant parts in the installation; (re)inspections, earthing,…).

Art. 12th. Water and electricity and heating are to be provided by the customer.

Art. 12f. Unless otherwise stipulated in writing, it is agreed that if no comments have been sent to the contractor by registered mail within 8 days after the execution, the contract will be deemed to have been definitively accepted. This time is therefore equated with the only and final delivery.

Art. 12g. The contractor is not liable for minor changes in construction, dimensions and color made by the manufacturer, unless the order form explicitly shows that the construction, dimensions, and color or design form an essential part of the agreement for the customer.

Art. 12h. If the contractor or Marcottestyle delivers and installs goods that are combined with an already existing installation, the latter is only responsible for that part that was installed by it.

Art. 13. With every building contract, the right to make use of Article 1794 of the Dutch Civil Code is expressly excluded by the parties. Should it nevertheless be decided by law to invoke this article, Marcottestyle will, for whatever reason, in the event of unilateral termination of the agreement, in accordance with the provisions of Article 1794 of the Dutch Civil Code, be compensated for all its expenses, labor and everything that it could have gained during the contract, determined at 30% on the sales prices of the order not delivered and 85% on the sales prices of the specially tailored and ordered goods, and this in addition to the fee of 16% to be charged. % (standard fee of 17% minus 1% as no follow-up is required in this case).

Art. 14. In construction and renovation and all other assignments involving administrative permits, Marcottestyle bears no responsibility whatsoever with regard to administrative permits. Any damage and fines are fully borne by the customer.

Art. 15. WORKS NOT FORESEEN: All unforeseen works or additional works that could only be determined during assembly will be invoiced to the client.

Art. 16. PLACEMENT: If our furniture is placed against, in or between walls, it should be taken into account that slight damage to the occupancy and/or paintwork is sometimes unavoidable in order to achieve a good connection. In that case, we recommend that any final painting be carried out after our installation if this is not carried out by Marcottestyle. Unavoidable damage cannot be recovered from us afterwards. To exclude all mistakes with any existing specifications, we state that what is not stated in the billing measurement statement of the file/quote is not included in the price and is therefore not delivered.

Art. 16b. The customer cannot completely refuse or withhold the final invoice or balance invoice, if applicable, due to circumstances that Marcottestyle and/or the contractor could not foresee.

Only performances not delivered and/or goods not placed can be withheld by the customer from the final invoice or balance invoice and will be paid upon effective delivery, performance and/or installation.

Art. 17. PRICES: Marcottestyle reserves the right to change the stated prices in the special case that its subcontractor or supplier also increases its price due to unforeseen sudden raw material prices and/or wage increases.

Art 18. Our prices apply when ordering the complete offer as described; in the event of a partial order or partial cancellation, Marcottestyle reserves the right to adjust the prices of the delivered order as laid down in this contract, as these prices are based on a complete order.

Art. 19. All prices quoted include VAT, unless stated otherwise. Our general hourly fee is €145/h

Art. 20. CANCELLATION OF ORDER: In the event of full or partial cancellation of an order, the customer will be charged a flat-rate compensation for loss of profit and costs incurred (storage, layout plans, administration, transport, further resale, etc.) of 30% on the sales prices of the undelivered order, if these were not specially ordered and of 85% on the sales prices of the specially tailored and ordered goods, and this in addition to the fee of 16% to be charged (gang payable fee of 17% minus 1% as no follow-up is required in this case).

Without prejudice to the right to greater compensation, if the damage suffered by Marcottestyle would be greater.

Art. 21. The guarantee to which Marcottestyle is obliged is limited to repairing visible and, insofar as the provisions of Article 17 are met, hidden defects, with the exception of all defects due to errors by the customer or third parties. The guarantee only covers the materials to be repaired and replaced and does not include the hours to be performed. Marcottestyle will never be able to offer more guarantee than what its subcontractors or suppliers/manufacturers give. The customer is deemed to have accepted the general terms and conditions of the subcontractors or suppliers and manufacturers as stated in art. 1 and 2 to have received and accepted.

Art. 22. All hidden defects, in the case of any contracts, which do not fall under the application of the provisions of Article 1792 of the Dutch Civil Code, must be invoked no later than six months after delivery and notified to Marcottestyle by registered letter. After this period, no complaint will be accepted. All hidden defects must be communicated within a period of 8 days after discovery, under penalty of forfeiture. These complaints must be sent by registered mail and in detail. No guarantee is given on the repairs carried out. The warranty is limited exclusively to the repair or, if necessary, replacement of each piece of which the construction and/or assembly defect has been proven, to the exclusion of all further compensation.

However, the guarantee does not cover:

– the incorrect use or incorrect treatment of the products, materials and devices;

– damage caused by force majeure;

– the addition and use of additional equipment in a manner that is not in accordance with the supplier’s technical requirements;

– an act or willful misconduct by any person, including the buyer or his agents;

– a use of the products, materials and devices other than that which is reasonably foreseeable, in view of their properties, unless the seller has authorized this use in writing, at the latest at the time of the conclusion of the sale;

– frost or moisture damage.

Art. 23. The building or site must be fully accessible and available for the contracted works. If the site is not accessible on arrival, nor can it be made, the costs for arriving on site uselessly will be charged. For mounting on walls and/or ceilings and for mounting in the floor, it must be clearly indicated where pipes or wiring are located; or there should be someone on site who can point this out. Failing this, we decline any liability in the event of damage. Even in the case of hidden defects in the building itself (condition of interior walls, inappropriate floor, etc.), we cannot be held liable in the event of damage, unless this condition was clearly reported to us in writing in advance.

Art. 24. In the case of inappropriate floors, the leveling costs shall be borne by the customer.

Art. 25. For works in immovable condition in a building of more than 10 years, these works are subject to 6% VAT according to the statement of the customer. The customer remains responsible for all consequences thereof during 10 years and also if Marcottestyle has charged a VAT percentage that is too small according to the tax authorities, and will immediately have to pay the difference of this VAT, interest and fines to Marcottestyle at the first application, regardless of what or who is the cause.

ART.26 Parking space, permit, board and ladder lift at the expense and expense of the customer. Dust can be released when carrying out work, the customer must therefore take precautions, evacuate the rooms or protect the household effects. Marcottestyle is not liable for pollution or damage caused by dust.

Art. 27 . Delivery and installation: In general, vertical transport is never included in any delivery. The additional cost if the goods cannot be delivered easily is also borne by the customer. When installing custom-made cabinets and/or furnishings and/or equipment (including kitchen appliances or lighting), the connection is not included and therefore all adjustments to the electrical and water pipes will be charged as an extra.

Art. 28. The delivery times are for informational purposes only. No delay in delivery and/or execution can give rise to compensation and/or cancellation of the order.

Art. 29. The unconditional commissioning of the building and/or goods is irrevocably regarded as final approval and acceptance thereof, in its entirety.

Art. 30. All data, plans, ideas and everything on the site, including everything Marcottestyle has provided the customer, is an intellectual property of Marcottestyle. Nothing may be copied, used for any purpose without written permission from Marcottestyle and this under penalty of legal prosecution and compensation.

Art 31. With every project where the design is drawn up and designed by Marcottestyle, some changes or adjustments during the execution are sometimes necessary according to Marcottestyle to maintain the design and Marcottestyle can implement this without the customer’s involvement.

Art. 32. Plans and 3D: All plans and 3D/visualizations are non-contractual documents. This is for informational title only. Any difference in more or less, will give rise to a loss or profit for the buyer, without price adjustment. Dimensions and detailed plans are for information only. All other stated sizes of furniture are also approximate as it is mostly handmade. Special sizes must be specifically requested and must also be confirmed by Marcottestyle. Furthermore, the provision in the general terms and conditions of the webshop are also binding, such as section 2.4 B.

Art. 33. PHOTOS: Marcottestyle reserves the right to take photos of the works it has carried out and to use them for publicity purposes (including website, brochures, etc.), with which the customer agrees and cannot claim any compensation for this. The customer also guarantees that any other interested party or his construction architect agrees to this and cannot claim any compensation in this regard.

Art. 34. Copyright: All information and generated 3D or visualizations in each dossier and/or offer are protected by copyright. A lot of research, design comes in handy here and is the exclusive intellectual property of Marcottestyle and may only be used strictly between Marcottestyle and the specified customer. All data in this file, regardless of any fee already charged for this, may under no circumstances, not even partially, be used for other suppliers.

Only in the event of termination of a project agreement, the customer will have to provide proof by means of, among other things, photos of the new interior, clearly showing that nothing (not even part) has been taken over or used from current files between the parties. In the absence of any proof that the customer will have to provide and / or in the event of any unauthorized takeover without permission, in part or in its entirety, a compensation will be charged by Marcottestyle for this at a fixed rate of 10% on the amount of the largest design offered.

Art 35. In the case of renovation, where a provisional delivery is provided, the customer and Marcottestyle, together with the subcontractor in question, will note all work still to be carried out at this time and details with all comments. This list is exhaustive and only these remarks will have to be resolved or completed upon final delivery. If any remaining comments from the provisional delivery have not yet or not fully been resolved or completed, this will be remedied to the extent possible, without taking into account a limited time span. If there are still few details and comments on the provisional delivery, it can also be regarded as final.

Art 36. Privacy: The customer’s personal data is collected and processed for the purpose of contract execution, customer management, accounting and direct marketing activities. The legal grounds are the execution of the agreement, the fulfillment of legal and regulatory obligations and/or the legitimate interest. These personal data will only be passed on to processors, recipients and/or third parties insofar as this is necessary in the context of the aforementioned processing purposes. The customer is responsible for the correctness of the

personal data that he provides to us and undertakes to comply with the General Data Protection Regulation with regard to the persons whose personal data he has transferred to us, as well as with regard to all possible personal data that he would receive from us and our employees. The customer confirms that he has been adequately informed about the processing of his personal data and about his rights of access, correction, deletion and objection.

Art 37. In the event of a dispute, of whatever nature, only the Dutch texts are applicable and these are only free translations into other languages that are not binding, whereby only the courts of Antwerp or the peace court of Kapellen are competent, and only Belgian law is applicable.