Version October 2026
These terms and conditions are used by Marcottestyle BV, with registered office at Marcottedreef 20, 2950 Kapellen, registered with the Crossroads Bank for Enterprises under number 0880.453.459, VAT BE 0880.453.459, telephone +32 (0)3 230 40 11, e-mail info@marcottestyle.com, website www.marcottestyle.com (hereinafter “Marcottestyle”).
In these terms and conditions, the following terms mean:
The Customer shall state on the quotation, the order form or the Design Agreement whether he or she is acting as a Consumer or as a Professional Customer. Anyone who provides a CBE number or VAT number, or has invoices issued to a business, is presumed to be acting as a Professional Customer. An order for mixed purposes is treated as an order by a Consumer where the professional use is so limited that it plays a subordinate role in the order as a whole.
These terms and conditions apply to all our quotations, order forms, Design Agreements, agreements, deliveries and Works, save as expressly agreed otherwise in writing. By signing or accepting a quotation, order form, Design Agreement or agreement, or by placing an order, the Customer accepts these terms and conditions. The Customer expressly waives the application of his or her own general or special terms and conditions, even if these provide that they take precedence. Towards Professional Customers, these terms and conditions, once communicated, also apply to all subsequent orders and agreements, without having to be communicated again. The Customer may consult, download and print these terms and conditions at any time at www.marcottestyle.com/algemene-voorwaarden.
A provision that does not expressly refer to Consumers or Professional Customers applies to all Customers. A provision or phrase that begins with “towards Professional Customers” applies exclusively to them. A provision or phrase that begins with “towards Consumers” applies exclusively to them.
These terms and conditions bear a version date. The version that applied on the date on which the Agreement was formed applies to each Agreement; Marcottestyle keeps all previous versions and provides them on request. Marcottestyle may amend these terms and conditions; a new version applies only to Agreements formed after its publication. Towards Professional Customers with whom there is an ongoing relationship, a new version applies to orders placed more than thirty calendar days after it was communicated to them.
For certain services, Marcottestyle relies on subcontractors, suppliers and manufacturers. Their specific terms and conditions, warranty periods and technical specifications also apply to the part supplied or performed by them, insofar as these terms were communicated or made available to the Customer before or upon formation of the Agreement. Towards Consumers, these third-party terms cannot limit their mandatory statutory rights against Marcottestyle. Marcottestyle stipulates with its subcontractors warranties that are at least equivalent to those it grants to the Customer.
In the event of conflict, the following order of precedence applies: (1) the specific agreement, Design Agreement, order form or quotation signed in writing; (2) these general terms and conditions; (3) the terms and conditions of subcontractors, suppliers and manufacturers; (4) all other documents. For the sale of furniture via the webshop, the general terms and conditions stated at www.marcottestyle.store also apply. In the event of conflict, towards Consumers the provision most favourable to the Consumer prevails, and towards Professional Customers these terms and conditions prevail.
All information, texts, images, references, plans, 3D visualisations, price indications, product information, execution arrangements and delivery periods on www.marcottestyle.com and in files or quotations are indicative, do not constitute an offer and have no contractual value, unless they have been expressly designated as binding in the Agreement. Towards Consumers, public statements by Marcottestyle about specific characteristics of a Good, including on the product page of the webshop, form part of the Agreement, unless they were expressly corrected before its conclusion.
Plans, detail plans and 3D projections serve as illustrations; dimensions are approximate, since the work is predominantly handcrafted. Only the dimensions on the technical drawings approved by the Customer (art. 8.5) are binding, within the tolerances of art. 42. A deviation upwards or downwards within those tolerances gives no cause for a price adjustment. Decoration, styling accessories, lighting and furniture that appear in images or 3D visualisations but are not included in the quotation are not included.
Showroom models, catalogue images and samples show a type; colour, grain, texture and gloss of the delivered item may deviate within the tolerances of art. 42. The stated colour number is, however, binding. A colour sample is sent in advance and is deemed to have been accepted in the absence of written comments within five calendar days after dispatch; towards Consumers, this applies as a rebuttable presumption. Manifest errors, clerical mistakes or omissions cannot be invoked against Marcottestyle.
Where documents, communications or the website refer to “general terms and conditions”, “terms of sale” or a similar designation, this always refers to these General Terms and Conditions of Sale and Contracting. Differences in terminology do not affect their applicability and binding force. References to provisions of the old Civil Code apply by operation of law as references to the provisions that replace them, including in Book 7 of the Civil Code. For Agreements concluded from 1 September 2027, these terms and conditions shall be interpreted in accordance with Book 7 of the Civil Code, with their content being preserved insofar as that law permits. If, after the date of these terms and conditions, the law changes an amount, percentage or period in favour of the Consumer (including the statutory guarantee, the maximum amounts of Book XIX of the Code of Economic Law (CEL) or the withdrawal rules), the new statutory amount, percentage or period applies by operation of law in place of the provision in these terms and conditions.
Quotations are valid for thirty (30) calendar days from their date, unless stated otherwise. After that period, Marcottestyle is no longer bound.
The Agreement is formed at the moment the first of the following events occurs:
An oral or telephone order is formed and proven in accordance with art. 9.
Our prices apply when the complete quotation is ordered as described. In the event of a partial order or partial cancellation, Marcottestyle reserves the right to adjust the prices, since they are based on the complete assignment. The Customer is notified of this in writing in advance and may in that case terminate the order free of charge within fourteen calendar days after that notification.
The order with the manufacturer and the start of production take place only after receipt of the advance payment and after written approval by the Customer of all technical drawings, dimensions, fabrics, colours and finishes. The delivery period begins to run only at that moment. As long as that approval is not given, Marcottestyle is not liable for any delay.
A manifest error in a quotation or order form, such as a calculation error or a price that clearly does not correspond to the actual price, does not bind Marcottestyle. Marcottestyle communicates the correction; the Customer may then withdraw from the order free of charge within fourteen calendar days after that communication.
The parties expressly accept that e-mail, text messages, WhatsApp and similar messaging services, digital order forms, photographs, videos, site reports, work orders and electronic signatures are valid means of communication and evidence. Arrangements, choices, approvals, amendments, additional work and handovers may also be made orally, by telephone or during a site meeting; they are then confirmed by Marcottestyle through one of the channels mentioned above and are established if the Customer does not dispute them in writing within three working days after that confirmation.
An approval given by a person whom the Customer has designated in advance as his or her representative, through one of the channels of this article (for example his or her partner, architect or contractor), binds the Customer. Towards Professional Customers, the approval of any person whom the Customer allows to act during the discussion, delivery, installation or handover also binds the Customer.
Towards Professional Customers, freedom of evidence applies: all arrangements, amendments and acceptances may be proven by all legal means, including performance without protest. Towards Consumers, confirmed oral arrangements apply as a rebuttable presumption and as a commencement of proof in writing, and the Consumer may always prove by all means.
If the Agreement is concluded with several persons or entities, they are jointly, severally and indivisibly bound by all obligations arising from it, including payment of the price. A notification to one of them is deemed a notification to all. Anyone who places an order on behalf of a third party (including an architect, contractor, project developer, company in formation or tenant acting on behalf of the owner) is personally and jointly and severally bound together with that third party, unless Marcottestyle has accepted the third party in advance in writing as the sole contracting party.
Where the Agreement with a Consumer is concluded away from the business premises of Marcottestyle (including at the Consumer’s home or on site) or at a distance (including via the webshop, by e-mail or with an electronic signature), the Consumer has fourteen calendar days to withdraw from the agreement without giving any reason. That period runs from the day on which the Agreement is concluded for services and Works, and from the day of receipt of the Goods for the sale of Goods. Agreements signed in the showroom of Marcottestyle in Kapellen are not agreements concluded away from the business premises and give no right of withdrawal.
The Consumer exercises this right by an unequivocal statement by e-mail to info@marcottestyle.com or by letter, or by using the model form in the annex. For an agreement concluded via the webshop, he or she may also use the withdrawal function “withdraw from the agreement here” at www.marcottestyle.store; Marcottestyle confirms receipt without delay on a durable medium.
In accordance with the law, there is no right of withdrawal for:
For Custom Work that Marcottestyle orders specially without it being produced according to the Consumer’s choices (a catalogue item in standard design), the right of withdrawal remains if the Agreement was concluded outside the showroom or at a distance. In that case, the Consumer bears the direct costs of return and the loss in value resulting from handling beyond what is necessary to establish the nature and functioning of the Good.
If the Consumer wishes Marcottestyle to commence the Works or services, or to order the Custom Work from the manufacturer, before the withdrawal period has expired, he or she expressly requests this on a durable medium (signed order form or e-mail). If he or she nevertheless withdraws from the Agreement afterwards, he or she pays for services and Works an amount proportionate to what had already been performed at the time of withdrawal. For Goods referred to in 11.3 (a) there is no right of withdrawal. For other Goods, the Consumer bears only the costs and the loss in value determined in 11.4.
The design phase (the design, the number of files, the fee, discontinuation and the use of the design) is governed exclusively by the Design Agreement signed by the Customer. These terms and conditions apply to it in addition; in the event of conflict, the Design Agreement prevails (art. 5). If no Design Agreement was concluded, design services not included in the quotation are charged in accordance with art. 16 (a), provided that the Customer was informed of this in advance.
Except in the case of a valid withdrawal (art. 11), an order cannot be cancelled unilaterally. If the Agreement is nevertheless unilaterally terminated by the Customer, or is deemed under these terms and conditions to have been cancelled by the Customer, lump-sum damages are payable to cover loss of profit, design, study and planning work, administration, storage, transport and resale loss, calculated per component:
Goods already delivered and Works already performed remain fully due.
In addition, the following are payable: (a) the fee that the Design Agreement stipulates upon discontinuation or cancellation, insofar as it is higher than the compensation under 12.1: the two amounts are not added together, only the higher of the two is payable; (b) the cost of samples that have not been returned or are damaged (art. 16 (k)); (c) the measuring and coordination hours at EUR 145 per hour (EUR 175.45 incl. VAT) and the travel, solely insofar as those services were not included in the selling price of the cancelled component.
Advance payments made are set off against these amounts. The Customer pays any shortfall within fourteen calendar days after the settlement; Marcottestyle refunds any surplus within thirty calendar days. Towards Professional Customers, advance payments made in any event remain retained as minimum compensation, and Marcottestyle retains the right to prove higher actual damage.
Termination by Marcottestyle is dealt with as follows: (a) at the Customer’s expense (art. 13, 14, 19, 24 and 27): the compensation under this article is payable; (b) due to force majeure or unavailability (art. 53 and 54): neither party owes compensation and Marcottestyle refunds the advance payment for the part not delivered within thirty calendar days, without interest; (c) Marcottestyle cannot unilaterally terminate the Agreement for any other reason.
Reciprocity. If Marcottestyle terminates the Agreement towards a Consumer in breach of this article, or definitively fails to deliver for a reason attributable to it, it owes equivalent lump-sum damages, calculated according to the percentages of 12.1 (a) and (b) on the price of the part not performed, without prejudice to the Consumer’s right to prove higher damage.
Marcottestyle may terminate the Agreement, or the part of it not yet performed, at the Customer’s expense by written notice, after a notice of default that has remained without effect for fourteen calendar days (in the case of non-payment: the period of art. 22 or 23), in each of the following cases:
In each of these cases, the termination is deemed a cancellation by the Customer and art. 12 applies.
Scheduling fee. If Marcottestyle, due to a cause referred to in 13.1, or any other cause attributable to the Customer or his or her contractors, cannot perform, or cannot fully perform, the working days that it had scheduled for the Customer, and the Customer has not cancelled those days in writing at least ten working days in advance, a scheduling fee is payable of EUR 544 per scheduled person per lost working day (EUR 658.24 incl. VAT), being eight hours at the rate of art. 16 (b). This fee covers the reserved and unused capacity and is in addition to the futile journeys, rescheduling costs and storage of items under articles 24, 27 and 31. For the same working day, it is not cumulated with waiting hours. Towards Consumers, it is limited to a maximum of two working days per scheduled person per lost intervention, and is set off against the compensation under art. 12 where the Agreement is subsequently terminated.
If the Customer postpones the performance of the Agreement or of a phase thereof by more than three months compared with the agreed schedule or the schedule proposed by Marcottestyle, for a reason not attributable to Marcottestyle, and despite a written formal demand with a final period of fourteen calendar days does not provide a workable new date, the Agreement is deemed, for the postponed part, to have been cancelled by the Customer and art. 12 applies. In the case of partial cancellation, the compensation under art. 12 is calculated on the cancelled part and the prices of the retained part are revised in accordance with art. 8.4. Towards Professional Customers, early dissolution due to anticipated non-performance (Article 5.90, second paragraph, of the Civil Code) is excluded.
This overview summarises the preceding and following articles; in the event of a difference, those articles apply.
| Situation | Who | Consequence | Article |
|---|---|---|---|
| Discontinuation after discussion of the first design | Customer | Free of charge | Design Agreement |
| Discontinuation later in the design phase | Customer | Fee per file | Design Agreement |
| Withdrawal away from the showroom or at a distance | Consumer | Free of charge, except 11.4 and 11.5; not for Custom Work made according to choices | 11 |
| Cancellation after order | Customer | Lump sum per component, or the design fee if higher | 12 |
| Partial order or cancellation | Customer | Price revision; free discontinuation within 14 days | 8.4, 14 |
| Manifest error in quotation | Customer | Free discontinuation within 14 days | 8.6 |
| Price revision above 10% | Customer | Free discontinuation within 14 days | 17 |
| Non-payment, site not ready, postponement, aggression | Marcottestyle | Deemed cancellation by the Customer | 13, 19, 24 |
| Postponement of more than three months | Marcottestyle | Deemed cancellation by the Customer | 14 |
| Goods not collected within three months | Marcottestyle | Deemed cancellation by the Customer | 27 |
| Serious delay in delivery | Consumer | Dissolution after formal demand, refund | 26 |
| Force majeure lasting longer than three months | Each party | No compensation | 53 |
| Component not deliverable | Marcottestyle or Consumer | Only that component lapses | 54 |
Towards Professional Customers, the parties expressly exclude the application of Article 1794 of the old Civil Code. If this article is nevertheless applied, Marcottestyle is compensated for all its expenses, labour and lost profit, estimated on a lump-sum basis in accordance with art. 12. Towards Consumers, the arrangement of art. 12 applies, including reciprocity.
All prices in quotations and order forms to Consumers are stated including VAT and all mandatory surcharges. Prices to Professional Customers are stated excluding VAT, unless indicated otherwise. All amounts and rates mentioned in these terms and conditions themselves are exclusive of VAT; towards Consumers they are increased by the applicable VAT of 21%, and the amount including VAT is stated each time in brackets. The statutory maximum amounts of art. 22 are fixed amounts without VAT. Anything not expressly stated in the bill of quantities, quotation or order form is not included in the price and is consequently not supplied. The connection of appliances, kitchen equipment and lighting, and any modification to electrical wiring, water pipes or drains, is not included unless the quotation states so, and is charged as additional work.
Rates for everything not included in the quotation, unless the quotation states otherwise:
Marcottestyle may adjust these rates and the other fixed amounts in these terms and conditions (including in articles 23, 38.6 and 56.3) annually on 1 January in line with the evolution of the consumer price index, with the September 2026 index as the base; the amounts applicable on the date of the service or of the loss event apply. Amounts fixed by law, such as the maximum amounts of art. 22 and the EUR 40 compensation of art. 23, follow the law exclusively.
Site visits, measurements, advisory meetings and presentations outside the showroom are charged at the hourly rate under (a), plus the travel under (c), unless the quotation or the Design Agreement expressly states them as included or unless they are followed by an order in which they are set off. The Customer is informed of this before the visit. A first introductory meeting in the showroom in Kapellen is free of charge.
The agreed price may be revised in line with the actual evolution of the prices of materials, raw materials, wages and social charges between the date of the quotation and the date of execution, according to the formula P = p × (0.40 × M/m + 0.40 × S/s + 0.20). Therein p is the original price, M/m the ratio of the materials price index and S/s the ratio of the wage index. In accordance with Article 57 of the Act of 30 March 1976, at least 20% of the price remains outside any revision. The formula works in both directions: a fall in the indexes leads to a proportionate price reduction. Every revision is communicated in writing with reasons and substantiation. If the revision exceeds 10% of the total price, the Customer has the right to terminate the Agreement free of charge within fourteen calendar days after the notification; services already performed and Goods already delivered remain due in that case.
New or increased levies, import duties, anti-dumping duties, environmental contributions, transport surcharges or VAT rates imposed by an authority after the date of the quotation, and exchange-rate fluctuations of more than 3% for Goods purchased outside the euro area, are passed on to the Customer at cost price, subject to written substantiation. A reduction or abolition is set off in the same way. The same possibility of termination as in the previous paragraph applies where the pass-on exceeds 10% of the total price.
For works on immovable property on a dwelling that is older than ten years, the reduced VAT rate may be applied. The reduced rate is applied only where the Customer confirms in writing (art. 9), before invoicing, that the statutory conditions are met (age of the dwelling, exclusive or mainly use as a private dwelling, invoicing to the end user). Without that confirmation, 21% is charged. Marcottestyle states the legally prescribed declaration on the invoice; the Customer has one month to dispute this statement in writing. In the absence of a dispute, the Customer is responsible for the accuracy of the conditions. If it later turns out that the conditions were not met, the Customer bears the difference in VAT, the interest and the fines, and pays these to Marcottestyle on first request, except where the inaccuracy is due solely to an error by Marcottestyle. Design, study, fees, loose furniture, lighting that is not fully recessed into the ceiling, loose rugs and interior curtains always fall under 21%, even for a dwelling older than ten years.
Stock Goods are payable immediately upon order. Custom Work and specially ordered Goods that do not form part of a contracting project are paid in full upon order; the order with the manufacturer is placed only after receipt of full payment. For projects and contracting, unless otherwise agreed in writing: 50% advance payment upon order, 45% before delivery and the balance at the latest upon the delivery that coincides with the handover.
Invoices are payable on the due date stated on the invoice, by transfer to the account stated on the invoice or via the means of payment offered in the showroom. Payments to agents, subcontractors or carriers do not discharge the debt.
The advance payment is an essential obligation of the Customer. If it is not paid within fourteen calendar days after the order, Marcottestyle is not obliged to order, produce or schedule, and every period is extended by the duration of the delay. Marcottestyle sends one free reminder with a final period of fourteen calendar days (eight calendar days for Professional Customers). If payment is still not made, the Agreement is dissolved by operation of law and without further notice of default, at the Customer’s expense, on the day after expiry of that final period, and the Customer owes the compensation under art. 12. Marcottestyle may also choose to maintain the Agreement and demand payment of the advance payment and performance; it communicates that choice in the reminder. Signing the order form without paying the advance payment therefore does not give the Customer the right to withdraw from the order.
If an interim invoice or the invoice before delivery is not paid, the delivery or installation is not carried out and articles 13, 24 and 27 apply.
Towards Professional Customers, Marcottestyle may at any time, where the Customer’s creditworthiness gives cause for it, demand additional security, a bank guarantee or full prepayment before delivering or performing; in the event of refusal, it may suspend or dissolve the Agreement at the Customer’s expense.
Invoices are sent electronically to the e-mail address provided by the Customer. Invoices to Professional Customers who are subject to VAT in Belgium are sent as a structured electronic invoice via the Peppol network in accordance with the Act of 6 February 2024; the Professional Customer guarantees that he or she can receive such invoices and communicates any change to his or her details immediately. Towards Professional Customers, an invoice is deemed received on the day of dispatch.
Invoices must be protested in writing and with reasons within eight calendar days after the invoice date by Professional Customers and within fourteen calendar days after the invoice date by Consumers. A partial protest does not suspend payment of the undisputed part. Towards Consumers, the absence of protest does not affect their statutory rights.
In the event of non-payment on the due date, Marcottestyle sends a first reminder, which is free of charge and contains the legally required statements. Interest and the lump-sum damages clause begin to run only after expiry of a period of fourteen calendar days, which starts on the third working day after dispatch of that reminder, or on the calendar day following dispatch if it was sent electronically.
After expiry of that period, the following are due by operation of law:
In the event of late performance or refund by Marcottestyle, the Consumer is entitled to equivalent compensation, calculated according to the same rules.
In the event of non-payment on the due date, the following are due by operation of law and without notice of default: (a) default interest of 1% per month, where each month begun counts as a full month; (b) lump-sum damages of 10% on the unpaid balance, with a minimum of EUR 250; and (c) the lump-sum compensation for recovery costs of EUR 40 per invoice referred to in the Act of 2 August 2002. This is without prejudice to the right to compensation for judicial recovery costs, the costs of legal assistance and higher actual damage suffered. In the event of non-payment of one invoice, all other invoices, even those not yet due, become immediately payable and all discounts and payment facilities granted lapse.
In the event of non-compliance with the agreed payment periods, Marcottestyle has the right to suspend the execution of the Works and deliveries until full payment, without this giving rise to any damages. Marcottestyle determines itself when it can reasonably resume the Works, taking its planning into account. The costs of work interruption, storage, rescheduling and re-ordering of materials are borne by the party that caused the suspension. Any rescheduling of a delivery or installation as a result of non-payment or of a cause attributable to the Customer is charged at the lump sum of art. 16 (e), being EUR 250 (EUR 302.50 incl. VAT), plus the actual costs of transport and storage.
In the event of serious or persistent non-payment, cessation of payments, manifest insolvency or insolvency proceedings on the part of the Customer, Marcottestyle may dissolve the Agreement extrajudicially by written notice, after a notice of default that has remained without effect for fourteen calendar days. In that case, the compensation under art. 12 is due.
All Goods and materials delivered remain the property of Marcottestyle until the moment of full payment of principal, interest and costs. As long as ownership has not passed, the Customer may not sell, rent, pledge, move to another address or transfer the Goods to a third party, and shall immediately notify any attachment or any claim by a third party.
In the event of non-payment, Marcottestyle may, after a notice of default that has remained without effect for fourteen calendar days, reclaim the unpaid Goods; the Customer shall make them available on first request. Marcottestyle enters the Customer’s home or business premises only with the Customer’s consent or on the basis of a court decision. If a Professional Customer nevertheless resells the Goods in breach of this article, he or she hereby already assigns his or her claim against the buyer to Marcottestyle. Marcottestyle also has a right of retention over the Goods, plans and materials that it holds, until full payment. Payments are applied first to costs, then to interest and the lump-sum damages clause, and finally to the oldest outstanding principal.
From delivery on site, the Customer is responsible for the safekeeping, security and careful storage of the delivered Goods and of Marcottestyle’s equipment located on site, and bears the risk of damage, loss and disposal, save for fault on the part of Marcottestyle. The Customer shall take out adequate insurance for this, including against fire, water and storm damage.
Towards Professional Customers, the stated delivery periods are indicative. A delay gives rise to a right to damages or dissolution only where the Professional Customer has given Marcottestyle written notice of default after expiry of the period and Marcottestyle does not deliver within an additional period of at least thirty calendar days. In that case, damages are limited to 0.5% of the price of the delayed component per full week of delay, with a maximum of 5%.
Execution periods for Works are expressed in working days. The following do not count as working days: Saturdays, Sundays, public holidays, the annual holiday and compensatory rest days of the construction sector, and the days on which weather conditions or their consequences make the work impossible for at least four hours. Every period is suspended as long as Marcottestyle is waiting for a choice, approval, payment, dimension, plan, permit or performance by the Customer or by a third party engaged by the Customer, and is extended by the duration of additional work, modifications and the circumstances referred to in articles 30, 31, 34 and 53. Marcottestyle determines the sequence and organisation of the Works.
Towards Consumers, Marcottestyle delivers at the latest within the agreed period and, in the absence of an arrangement, within thirty calendar days after the conclusion of the Agreement. For Custom Work and Goods produced to order, the agreed period is the delivery window stated in the quotation or order form and, in the absence of such a statement, a delivery window of eighteen to twenty-two weeks. That period runs from receipt of the advance payment and the approval referred to in art. 8.5. If Marcottestyle does not deliver within that period, the Consumer may call upon it in writing to deliver within an additional period of fourteen calendar days; if delivery still does not take place, the Consumer may terminate the Agreement and the sums already paid are refunded within fourteen calendar days.
If delivery or execution is postponed or changed due to a cause attributable to the Customer, or if additional deliveries are necessary, the costs of these additional deliveries, waiting times of more than fifteen minutes, futile journeys and additional storage are borne by the Customer, at the rates applicable at that time. This also applies where delivery was free of charge. The Customer shall ensure that the Goods can be delivered immediately upon arrival and can be stored safely.
Goods that are ready for delivery are stored free of charge for thirty calendar days at the Customer’s request; thereafter a storage fee of EUR 50 per week per order (EUR 60.50 incl. VAT) is charged and the balance still due becomes immediately payable. If the Customer has still not taken receipt of the Goods three months after the first notification of availability, despite a written formal demand with a final period of fourteen calendar days, the order is deemed cancelled by the Customer and art. 12 applies.
Unless otherwise agreed in writing, the Goods are delivered on the ground floor, without steps, at the kerb, by one driver. The Customer shall provide a free parking space for the lorry, free access and, for heavy or bulky pieces, a helper to carry. Vertical transport is never included in the price. Additional costs due to difficult accessibility, parking permits, ladder lift or special aids are borne by the Customer at the rates of art. 16.
If the Customer or his or her representative is not present at the agreed time, if access is not free or if no helper is present where one was required, the delivery is aborted, the futile journey (art. 16 (d)) and the rescheduling (art. 16 (e)) are charged, and the storage period of art. 27 begins. Before ordering, the Customer checks whether the Goods can be brought through doors, corridors, stairs and lifts to the place of destination. If a Good cannot be delivered or installed for that reason, the costs of the second delivery, of taking it back and of any dismantling or adjustment are borne by the Customer, and this gives no right to cancellation, unless Marcottestyle itself measured the access and made an error in doing so.
The Customer inspects the Goods upon delivery, notes visible damage or damage to the packaging on the CMR, consignment note or delivery note, and sends Marcottestyle photographs of the damage and of the packaging within forty-eight hours, so that Marcottestyle can recover the damage from the carrier or the manufacturer.
Towards Professional Customers, a delivery note without comments serves as proof that the Goods were delivered without visible damage. In the absence of a notation and photographs within that period, every complaint concerning visible defects and transport damage lapses, and the costs of repair or replacement are borne by the Professional Customer.
Towards Consumers, this article does not affect the statutory guarantee of art. 48, including the statutory presumption that a defect which becomes apparent within two years after delivery already existed at the time of delivery.
The building or site must be fully accessible and available for the Works undertaken, and clean, dry, wind- and watertight, closed off and heated to at least 15 °C at a relative humidity of at most 65%. If the site is not accessible upon arrival or is not in that condition and this cannot be remedied immediately, the costs of the futile journey and the rescheduling are charged. Modifications or extensions to the electrical installation are borne by the Customer and do not take into account existing or non-compliant parts, (re)inspections or earthing. In the case of uneven floors, the levelling costs are borne by the Customer.
At his or her own expense, before the start and throughout the duration of the Works, the Customer shall provide:
If any of these provisions is missing on the day of delivery or of the Works, Marcottestyle may postpone or stop execution until the Customer has put them in order. In that case, the futile journey (art. 16 (d)), the waiting hours (art. 16 (b)), the rescheduling (art. 16 (e)), the storage (art. 16 (f)) and the scheduling fee of art. 13.2 are due; the period is extended in accordance with art. 26. If Marcottestyle itself has to deploy a generator, lighting or heating, it is charged at EUR 95 per day per unit (EUR 114.95 incl. VAT).
The removal of packaging, waste and demolition material is not included, unless the quotation states so; it is charged at EUR 95 per cubic metre or part thereof (EUR 114.95 incl. VAT). A container placed by the Customer is at his or her expense and risk. If the Customer leaves behind waste, packaging or demolition material that he or she was supposed to remove himself or herself, Marcottestyle may remove it at his or her expense at the same rate.
The Works are carried out in accordance with the rules of good workmanship, as described in the contractual documents and, failing that, in the Buildwise (formerly WTCB) technical information notes that were available on the date of the quotation. The Customer accepts these execution rules and the tolerances they contain.
The Customer is the principal (project owner) and is himself or herself responsible for the coordination of the contractors, suppliers and tradespeople whom he or she engages alongside Marcottestyle, unless Marcottestyle has accepted the coordination in writing and against payment. The Customer shall ensure that all preparatory works by third parties (including shell construction, screed, plastering, electricity, sanitary installations, heating, floors, ceilings and painting) are fully completed, cured and dry before the start of Marcottestyle’s Works, in accordance with the requirements communicated by Marcottestyle. Marcottestyle is not obliged to check the work of third parties and is not liable for defects, dimensional deviations or delays resulting from it.
If Marcottestyle cannot work, or cannot work fully, because third parties are not ready, because choices, approvals or decisions of the Customer are not forthcoming, or due to any other cause attributable to the Customer or his or her contractors, the following are charged: the waiting hours at EUR 68 per hour per person (EUR 82.28 incl. VAT), the futile journeys, the rescheduling costs of art. 24, the additional storage of art. 27 and the additional costs of phased rather than continuous execution. The execution period is extended by the duration of the interruption and by the time needed to fit the Works back into Marcottestyle’s planning.
Damage that third parties, the Customer or his or her agents cause to Goods already delivered, Works already performed or Marcottestyle’s equipment is borne by the Customer, even where the perpetrator is not known; repair is carried out as additional work. Theft of or damage to Goods and equipment on site is borne by the Customer from delivery. This does not apply where the damage or theft is due to a fault of Marcottestyle or of its agents or subcontractors.
The safety coordinator, the EPB reporter, the asbestos expert, the inspection bodies and all provisions they impose are not included in the price and are appointed and paid for by the Customer, unless the quotation states otherwise. Marcottestyle is not responsible for achieving energy, insulation or acoustic performance requirements, unless it has expressly guaranteed these in the quotation.
Before the Customer concludes his or her agreement with a Partner Contractor, Marcottestyle informs the Customer in writing that the Partner Contractor’s price includes a commission for Marcottestyle, and states its percentage. The Customer pays Marcottestyle nothing additional for this.
The agreement between the Customer and the Partner Contractor is governed by the terms and conditions of the Partner Contractor. Marcottestyle is not a party to it. The Customer directs claims regarding the execution, the periods, the price, the warranty and the handover of those works to the Partner Contractor, and payments for those works are made exclusively to the Partner Contractor.
Marcottestyle remains liable for its design. If, under the Agreement, it undertakes coordination, this is an obligation of best efforts, consisting of aligning the planning and the interfaces between Marcottestyle’s deliveries and the Partner Contractor’s works. It does not include site management, technical supervision of the execution or safety coordination.
Art. 43 applies to the interfaces between Marcottestyle’s Goods and a Partner Contractor’s works.
Towards Consumers, this article does not affect Marcottestyle’s liability for its own faults, including a careless proposal of a Partner Contractor.
For installation on walls, ceilings or in the floor, the Customer shall indicate clearly in advance where pipes or wiring are located, or make available someone who can indicate this. In the absence thereof, Marcottestyle is not liable for any damage resulting from it. Nor is Marcottestyle liable for damage that originates in hidden defects of the building itself, such as the condition of interior walls or of the substrate, unless this condition was clearly communicated to it in advance and in writing. These exclusions do not apply to damage resulting from Marcottestyle’s own fault or negligence.
Dimensions, plans, photographs and data on existing installations supplied by the Customer, his or her architect or his or her contractor are used at the Customer’s risk. Only a measurement that Marcottestyle carries out itself after the finishing of floors, walls and ceilings, and that is stated as such in the quotation, is binding on Marcottestyle. If Custom Work is measured or ordered before that finishing, the Customer bears the risk of dimensional deviations resulting from it.
Before the quotation, the Customer communicates in writing to Marcottestyle everything that he or she knows or ought to know about the condition of the building: damp, mould, wood rot, vermin, unstable or hollow substrates, old pipes, contaminated soil, and the presence of asbestos or other hazardous substances. If he or she has an asbestos inventory or asbestos certificate, he or she provides it in advance; if it is missing and legally required, he or she has it drawn up at his or her own expense before the start of the Works.
If asbestos, a hazardous substance, a hidden defect or a hidden condition that complicates execution is discovered during the Works, Marcottestyle may stop the Works immediately until the Customer has, at his or her own expense, had the necessary investigations, remediation or repairs carried out by an approved firm. The standstill, the rescheduling, the additional protective measures and all additional works count as additional work and extend the period. Marcottestyle is not liable for damage resulting from a condition that was not notified in writing in advance and that it, as a professional, could not reasonably have noticed.
Demolition, tear-down and dismantling works are carried out on the basis of what is visible. What only becomes visible after opening walls, floors, ceilings or existing furniture (pipes, ducts, cables, foundations, old structures, damaged substrates) is dealt with on a time-and-materials basis. Marcottestyle is not liable for the consequences of removing existing elements whose dismantling the Customer has requested, nor for the condition in which the substrate emerges, save for fault on the part of Marcottestyle or its subcontractors.
Anyone who alleges damage to the existing condition, the contents or the building proves, in accordance with the general law, the existence and extent of that damage, the moment at which it arose and the causal link with Marcottestyle’s Works or deliveries. Marcottestyle may take photographs or videos before, during or after the Works as a means of proof; it is not obliged to do so. The fact that damage is not visible on that imagery or is not mentioned in it does not prove that it did not yet exist at that moment.
If a person other than Marcottestyle or its subcontractors has worked, delivered or carried out handling in the areas where Marcottestyle is working or has installed Goods or Works, damage subsequently found in those areas to the existing condition, the contents or the Goods and Works already installed is presumed not to have been caused by Marcottestyle. Such other persons include the Customer, his or her family members, tenants, visitors, other contractors, Partner Contractors, installers, suppliers, removal firms and cleaning services.
This presumption is rebuttable. Towards Professional Customers, proof to the contrary can only be provided with dated photographs or videos from before the third party’s intervention, or with a finding made in the presence of both parties. Towards Consumers, proof to the contrary can be provided by all legal means.
Duty to notify. The Customer notifies in advance, through any channel (telephone, text message, WhatsApp or e-mail suffices), when he or she has a third party work in areas where Marcottestyle is working or has installed Goods or Works. If a Professional Customer fails to do so, he or she cannot rebut the presumption of 36.1.
Repair. Damage to Goods or Works already installed caused by a third party or by the Customer is repaired as additional work in accordance with art. 40, at the rates of art. 16, and extends the execution period by the necessary time. Marcottestyle may make resumption dependent on the Customer’s approval of that additional work, and towards Professional Customers also on payment for it. The Customer recovers those costs himself or herself from the third party; Marcottestyle does not have to wait for the outcome of that claim.
Simultaneous works. Simultaneous works by third parties in the same area take place at the Customer’s choice and risk; Marcottestyle may suspend its works until the area is free again and charge the waiting hours in accordance with art. 31.
Delivery, installation and assembly in an existing or finished building inevitably leave traces. The Customer accepts this as an inherent characteristic of the Works and shall take the precautions described below.
Dust. Carrying out works releases dust, even when performed with care. The Customer shall clear the rooms or protect the contents, close off adjacent rooms and cover sensitive installations. Marcottestyle is not liable for soiling, discolouration or damage caused by dust, nor for the final cleaning, which is not included in the price unless the quotation states otherwise; if the Customer nevertheless requests it, it will be charged at EUR 68 per hour per person (EUR 82.28 incl. VAT).
Plasterwork, paintwork, wallpaper and ceilings. Drilling, anchoring, screwing, fitting, sealing, moving Custom Work into place and the use of ladders, trestles and supports cause minor, localised traces in plasterwork, plasterboard, paint, wallpaper, panelling, skirting boards, tiles and ceilings: drill holes, pits, hairline cracks, crumbling around fixings, imprints, flaking or peeling of paint and wallpaper, and slight scratches. These traces are technically unavoidable, do not constitute a defect or a fault on the part of Marcottestyle, and give no right to damages, price reduction or withholding of payment. Filling, touching up, skim-coating, re-papering, repainting and repairing these traces after the Works is never included in the price and is carried out by and at the expense of the Customer, even if the room was painted only shortly before the Works. Marcottestyle expressly advises having final painting and wallpapering carried out only after installation; anyone who nevertheless chooses to paint beforehand does so at their own risk. Visible sealant joints, filler strips, fitting pieces or small gaps that are necessary to connect Custom Work to existing walls, floors and ceilings that are not perfectly square, flat or level are inherent to installation in an existing building and do not constitute a defect.
Access routes, floors and stairs. Before Marcottestyle arrives, the Customer shall protect the floors, stairs, door frames, lifts and walls along the route taken by the Goods with cardboard, film or equivalent material. If the Customer wishes Marcottestyle to install this protection, the Customer shall request this in advance; this is charged as additional work at EUR 68 per hour per person (EUR 82.28 incl. VAT), plus the protective material at cost price plus 15%. Slight scratches, pressure marks, imprints from wheels or trestles and scuff marks on parquet, natural stone, polished concrete, tiles, laminate, vinyl or stairs that arise when moving heavy or bulky items despite normal care are a risk accepted by the Customer. If no or insufficient protection is installed, damage along the access routes can only be claimed from Marcottestyle in the event of wilful misconduct or gross negligence.
The Customer’s contents. Moving, dismantling or reassembling furniture, appliances, artworks or other contents belonging to the Customer is not part of the Works. If Marcottestyle nevertheless does so at the Customer’s request, this is done as a courtesy, at the Customer’s risk and without any liability, save in the event of wilful misconduct or gross negligence.
Existing installations. Marcottestyle drills, saws and anchors on the basis of the Customer’s indications (art. 32). The Customer shall provide in advance the layout plans of underfloor heating and the location of pipes, cables, ducts and home automation, and shall switch off the underfloor heating at least 48 hours before the Works. Without this information, the Customer bears all consequences of hitting a pipe, cable or duct, including consequential damage and repair by a certified installer, save in the event of gross negligence on the part of Marcottestyle.
Liability of Marcottestyle. For damage to the existing condition, the contents or the building that is not covered by 38.1 up to and including 38.5, the following applies. (a) Towards Professional Customers, Marcottestyle is liable only in the event of wilful misconduct or gross negligence on the part of itself, its agents or its subcontractors. (b) Towards Consumers, liability for slight negligence is limited to the amount actually paid out by Marcottestyle’s liability insurer for that loss event, and, in the absence of payment (including where the loss falls within the deductible), to EUR 2,500 per loss event, VAT included. These limitations do not apply in the event of wilful misconduct, gross negligence or damage resulting from death or bodily injury.
If Marcottestyle is held liable, the remedy consists of the local repair of the damaged part to the condition it was in before the damage, carried out, at Marcottestyle’s choice, by itself or by a tradesperson it designates. A minor difference in colour, gloss or texture after local touching-up of paint, wallpaper, plasterwork, flooring or stone is normal and gives no right to repainting, replacing or renewing an entire wall, floor, ceiling or room, nor to compensation for loss of enjoyment, removal costs or accommodation costs.
Damage must be reported in writing, with photographs, within forty-eight hours of its discovery and no later than at handover, before any repair by the Customer or a third party, so that Marcottestyle can make findings on site. Towards Professional Customers this applies on pain of forfeiture. Towards Consumers, the Consumer loses their claim only to the extent that the late notification or prior repair has made it impossible to establish the cause or extent of the damage. Damage reported only after handover is, unless proven otherwise, deemed not to have been caused by Marcottestyle.
Marcottestyle as sole point of contact. The Customer shall direct every claim for damage exclusively to Marcottestyle BV and not to its employees, managers, self-employed collaborators or subcontractors personally, in accordance with art. 51. Marcottestyle’s employees also enjoy the protection of Article 18 of the Act of 3 July 1978 on employment contracts.
Damage to Marcottestyle and neighbourhood nuisance. The Customer is liable towards Marcottestyle for any damaging event on the site to the detriment of its Goods, equipment, vehicles, employees or subcontractors, both through the Customer’s own fault and through the fault of persons for whom the Customer is responsible or whom the Customer admits or tolerates on the site. Nuisance suffered by neighbours or third parties as a result of the Works without any fault on the part of Marcottestyle (no-fault neighbourhood nuisance, Article 3.101 of the Civil Code) is borne by the Customer as the principal (project owner); the Customer shall indemnify Marcottestyle against any claim by neighbours, co-owners, the building manager (syndic) or third parties on that basis.
During the Works, the Customer maintains a fire and contents insurance that also covers Marcottestyle’s Goods and Works from delivery. For renovation works whose price exceeds EUR 50,000 excluding VAT, he or she takes out a contractors’ all risks (CAR) insurance, unless Marcottestyle confirms otherwise in writing. He or she waives, and has his or her insurers waive, any recourse against Marcottestyle, its agents and subcontractors for damage that is or should have been covered by those insurances, save for wilful misconduct or gross negligence. If the Customer does not take out these insurances, he or she bears himself or herself any damage that they would have covered, insofar as that damage is not attributable to a fault of Marcottestyle.
All unforeseen or additional works that could only be identified during execution or assembly are charged to the Customer at the applicable rates. Towards Professional Customers, the parties expressly exclude the application of Article 1793 of the old Civil Code: the existence of additional work and the agreement on its price may be proven by all legal means, including e-mail, messaging services, site reports, photographs and performance without protest. Towards Consumers, additional work and its price are agreed in advance, orally or through any channel, and confirmed by Marcottestyle in accordance with art. 9; the performance of additional work in the presence of the Consumer or his or her representative without protest constitutes agreement to the additional work and its price, unless proven otherwise. In cases of urgent necessity (safety, water damage, stability), Marcottestyle may carry out the additional work without prior approval; it is charged afterwards.
Modifications requested by the Customer after approval of the technical drawings or of the order form are charged: the re-study at EUR 145 per hour (EUR 175.45 incl. VAT), and the costs charged by the manufacturer or subcontractor. If the Custom Work is already in production, a modification is possible only if the manufacturer accepts it, and the components already produced remain due in full.
Works carried out on a time-and-materials basis are charged per half hour or part thereof and per person at the rate of art. 16 (b), being EUR 68 per hour per person (EUR 82.28 incl. VAT), plus the materials at cost price plus 15%, the journeys in accordance with art. 16 (c) and the hire of special equipment in accordance with art. 16 (i). Site reports, work orders and e-mails from Marcottestyle that are not disputed in writing within three working days are deemed accepted proof of the hours and materials performed; towards Consumers, this applies as a rebuttable presumption.
Marcottestyle designs and executes as a professional. The Customer accepts that the order form, the quotation, the drawings, the 3D images and the samples represent a design and are not an exact reproduction. During execution, Marcottestyle may adjust the dimensions, functionality, layout, material, construction, finish and colour shade of the design and of the Goods where a valid reason exists. The following constitute a valid reason:
Marcottestyle justifies the adjustment on simple request.
Limits. An adjustment on the basis of this article leaves unaffected the intended use for which the Good was ordered, the general style of the design and the agreed price. A replacement material is equivalent in quality and price range. Towards Consumers, an adjustment may not change the essential characteristics (art. 54) without their express agreement. An adjustment within these limits is not a modification of the Agreement, not a defect and not a non-conformity, and gives the Customer no right to price reduction, damages, refusal, suspension of payment, postponement of the handover or dissolution. If the adjustment leads to a lower cost price for Marcottestyle, that difference accrues to Marcottestyle; if it leads to a higher cost price, Marcottestyle bears it, unless the cause lies with the Customer (art. 30, 33 and 34), in which case the difference is charged as additional work in accordance with art. 40.
Notification. Marcottestyle communicates an adjustment through any channel (site discussion, telephone, text message, WhatsApp, e-mail or site report), before or during execution, or at the latest at handover where the adjustment only proved necessary during execution. A Professional Customer who does not dispute the adjustment in writing and with reasons within three working days after notification accepts it; performance without protest constitutes acceptance. Towards Consumers, the following applies. An adjustment that does not affect an essential characteristic and respects the intended use cannot be refused by the Consumer; if he or she does not dispute its notification, in writing and with reasons, within five calendar days, he or she is presumed to have accepted it, unless proven otherwise. If the adjustment affects an essential characteristic, Marcottestyle first requests the Consumer’s agreement. If he or she refuses, Marcottestyle proposes an alternative within ten working days; in the absence of agreement, only that component is terminated in accordance with art. 54.
Modifications at the Customer’s request. If the Customer himself or herself wishes a modification of dimensions, functionality, material, colour or layout, it applies only after confirmation by Marcottestyle in accordance with art. 9. It is charged as additional work in accordance with art. 40, extends the periods by at least the time needed to re-order or re-produce, and may entail the compensation of art. 12 for the component that has already been ordered or is in production. The number of design revisions included in the price is limited to the number stated in the Agreement or the Design Agreement; if nothing is stated, that is one revision. Additional revisions or a new design direction at the Customer’s request are charged at EUR 145 per hour (EUR 175.45 incl. VAT).
Changes in construction, dimensions or colour made by the manufacturer that fall within the usual and reasonable tolerances of the production process, inherent to handcraft, natural materials or technical requirements, are not regarded as a defect or a non-conformity, and Marcottestyle is not liable for them. This applies both to the sale of furniture and to the contracting of Works. This does not apply if the construction, dimensions, colour or design constitute an essential element of the Agreement for the Customer, as expressly stated on the order form, quotation or Agreement.
Towards Consumers, deviations that go beyond what the Consumer can reasonably expect of a Good of the same kind apply only where he or she was specifically informed of them before the conclusion of the Agreement and has expressly and separately accepted them. To that end, the tolerances of the following paragraph are stated on the order form and separately ticked or signed.
The following apply in any event as usual tolerances:
Small construction changes made by the maker without influence on the appearance or function are accepted.
If Marcottestyle supplies or installs Goods that are combined with an already existing installation, with works of a Partner Contractor or with works of third parties, it is responsible exclusively for the part supplied or installed by it.
The Goods are brought to the site at Marcottestyle’s risk. Towards Professional Customers, the risk passes to the Customer after delivery on site, and in any event after installation. Towards Consumers, the risk passes at the moment at which the Consumer or a third party designated by him or her takes physical possession of the Goods; handing over on site or at the home to the Consumer or to a person designated by him or her for that purpose constitutes taking physical possession.
For renovations in which a provisional handover is provided for, the Customer, Marcottestyle and the subcontractor concerned jointly note all works, details and comments still to be carried out at that time. This list is exhaustive: only these comments need to have been resolved or completed by the final handover. Remaining comments are remedied within a reasonable period, taking into account the availability of materials and subcontractors. If there are hardly any comments at the provisional handover, it may be regarded as final subject to the express agreement of both parties. If the Customer, after a written invitation with a period of at least eight calendar days, does not appear at the handover and does not propose another date within that period, then towards Professional Customers the handover is deemed to have taken place without comments; towards Consumers, a new date is set and the costs of the futile journey are charged.
Towards Professional Customers, the contracted work is deemed to have been finally accepted if no written comments have been submitted within eight calendar days after execution; this moment constitutes the sole and final handover. Taking into use without reservation constitutes irrevocable acceptance of the visible defects, in their entirety.
Towards Consumers, signing the handover report without reservation, or taking the Works into use without written comments within fourteen calendar days after execution, constitutes acceptance of the visible defects of the Works. Defects of the Works that were not visible at handover and do not fall under art. 52 are reported by the Consumer in writing within two months after their discovery. Marcottestyle is responsible for such defects when they become apparent within five years after handover; the statutory periods apply to the period for bringing a legal action.
Handover may be given in writing, orally, by telephone, by text message, by WhatsApp or by e-mail, or may be evidenced by taking into use; an oral or telephone approval is confirmed by Marcottestyle in accordance with art. 9 and is established if the Customer does not dispute it within three working days. Taking into use includes: living in or using the fitted-out space, placing contents in or on the delivered Goods, connecting or using appliances, or having other contractors work in the space.
The handover report may be signed by the Customer, a co-contracting party or a person whom the Customer has designated in advance as representative in accordance with art. 9. Towards Professional Customers, it may also be signed by any person whom the Customer allows to act at the handover. That signature binds the Customer.
Minor imperfections that do not prevent normal use (including a door or drawer to be adjusted, a sealant joint to be touched up, a missing or to-be-replaced small component, an accessory to be delivered later) do not prevent the handover. They are noted on the list of comments, remedied within a reasonable period and give no right to refuse the handover or to withhold more than the repair cost referred to in art. 47.
The Customer cannot refuse or withhold the final or balance invoice in full on account of circumstances that Marcottestyle could not foresee. Only the part corresponding to services not delivered or Goods not installed may be withheld; this is paid upon actual delivery, execution or installation. On account of established defects, the Customer may withhold only an amount that is in reasonable proportion to the cost of remedying them, as estimated with reasons by Marcottestyle; the remaining balance stays payable. Towards Professional Customers, no set-off is possible against claims that Marcottestyle has not acknowledged in writing.
The Consumer enjoys the statutory conformity guarantee of Articles 1649bis et seq. of the old Civil Code, or of the provisions that replace them, for two years from delivery. A lack of conformity that becomes apparent within that period is presumed to have existed at the time of delivery, unless the contrary is proven or this presumption is incompatible with the nature of the Good or of the defect.
The Consumer reports the defect to Marcottestyle within two months after establishing it. The statutory periods apply to the period for bringing a legal action.
The Consumer is entitled to free repair or replacement, at his or her choice unless that choice is impossible or disproportionate, and otherwise to price reduction or dissolution. If he or she opts for repair, the guarantee period is extended as provided by law.
This guarantee applies to Goods, including Custom Work and its installation by Marcottestyle. For Works on immovable property, articles 45 up to and including 47, 51 and 52 apply. A commercial guarantee from a manufacturer is in addition to these rights. No provision of these terms and conditions affects these rights.
Towards Professional Customers, the warranty is limited to the repair or, if necessary, replacement of any piece whose construction or assembly fault is proven, to the exclusion of any further compensation. The warranty covers the materials to be repaired or replaced and not the hours to be performed, journeys or additional costs. Marcottestyle never grants more warranty than its subcontractors, suppliers or manufacturers grant.
Defects that were not visible at delivery or handover and do not fall under art. 52 must be invoked within six months after delivery or handover and must be notified in writing and in detail within thirty calendar days after their discovery, on pain of forfeiture. The legal action must be brought within one year after that notification. No additional warranty is granted on repairs carried out. The warranty lapses when the Professional Customer has not fulfilled his or her payment obligations, when the Goods have been repaired, modified, dismantled or moved by him or her or by a third party, or when he or she has not given Marcottestyle the opportunity to establish the defect on site before any repair.
The warranty does not cover: misuse or incorrect handling of products, materials and appliances; lack of or unsuitable maintenance, or maintenance with products other than those prescribed by the manufacturer or Marcottestyle; damage caused by force majeure; the addition or use of additional equipment in a manner that does not comply with the technical specifications; an act or wilful fault of any person, including the Customer or his or her agents; use other than reasonably foreseeable in view of its properties, save written permission from Marcottestyle; frost, damp or water damage; normal wear and normal ageing of materials; discolouration due to sunlight or UV; the characteristics of natural materials and the tolerances referred to in art. 42; the movement of solid wood as a result of an indoor climate outside the specifications; scratches, stains or discolouration on natural stone, marble, leather and lacquered surfaces through use; damage by pets; and outdoor furniture left outside without a cover, unprotected against frost or without the prescribed maintenance. Towards Consumers, these exclusions apply only insofar as the damage does not result from a lack of conformity that existed at delivery (art. 48).
Marcottestyle’s liability is, per loss event and for the whole of the Agreement, limited to the amount actually paid out by its liability insurer, and in the absence of payment to the amount of the price invoiced for the assignment concerned. If Marcottestyle does not invoice the Customer a price for the assignment concerned (art. 31bis), the invoiced price is deemed to be the commission that it receives for the project, increased by the price of its own deliveries.
Marcottestyle is in no event liable for indirect or non-material damage, including loss of profit, loss of turnover, loss of rental income, loss of enjoyment, costs of replacement accommodation, contractual penalties towards third parties and damage resulting from delay in the works of other contractors.
Towards Professional Customers, the Customer may claim against Marcottestyle for damage connected with the performance of the Agreement exclusively on a contractual basis; the concurrence of contractual and extra-contractual claims, as permitted by Article 6.3 of the Civil Code, is excluded. Marcottestyle’s directors, agents, subcontractors, suppliers and other auxiliary persons may rely towards the Customer on the same exclusions and limitations as Marcottestyle itself, and the Customer undertakes not to claim against them directly on an extra-contractual basis, save in the event of wilful misconduct, of damage through harm to physical or psychological integrity, or where the law does not permit this.
These limitations do not apply in the event of wilful misconduct or gross negligence on the part of Marcottestyle or its agents, in the case of damage resulting from death or bodily injury, in the case of the ten-year liability referred to in art. 52, nor to liability for defective products (Act of 25 February 1991). Towards Consumers, these limitations do not affect their mandatory statutory rights.
Marcottestyle’s liability for defects that endanger the solidity or stability of the building or of an important part of it remains fully subject to Articles 1792 and 2270 of the old Civil Code, or to the provisions that replace them. These provisions are matters of public policy and are not limited in any way by these terms and conditions.
Marcottestyle is insured for its civil liability for operations and after delivery; the certificate is provided on first request. Marcottestyle’s Works do not, as a rule, require the involvement of an architect and do not fall under the mandatory ten-year insurance of the Act of 31 May 2017; if this is nevertheless the case for a particular project, this is stated in the quotation and the insurance certificate is provided before the start of the Works. Works for which the law requires an architect or a stability study form part of the Agreement only if the quotation expressly states so.
Neither party is liable for non-performance or delay in the performance of its obligations due to force majeure. Force majeure includes, without this list being exhaustive: war, terrorism, civil unrest, epidemic or pandemic and the related government measures, fire, flood, extreme weather conditions, strike or lock-out, energy shortage, shortage of or serious price increase in raw materials, disruption of transport or port activities, import or export restrictions, cyber incidents, failure of IT or communication systems, bankruptcy or default of a supplier or subcontractor without an equivalent alternative being available in time, and any other event beyond the reasonable control of the party concerned.
Towards Consumers, these events constitute force majeure only where they were unforeseeable and insurmountable for Marcottestyle and are not attributable to it or its auxiliary persons. Price increases are dealt with towards Consumers exclusively in accordance with art. 17.
Performance is suspended for the duration of the force majeure, without a right to damages for either party. If the force majeure lasts longer than three months, either party may terminate the Agreement by written notice; services already performed and Goods already delivered remain due.
A production or delivery delay at the manufacturer, supplier or carrier that Marcottestyle could not foresee or remedy extends the delivery period by the duration of that delay; Marcottestyle informs the Customer thereof as soon as possible. Towards Consumers, this extension applies for a maximum of three months; thereafter art. 26.3 applies.
Marcottestyle works with more than forty manufacturers. The discontinuation, modification or temporary inability to supply of a model, fabric, leather, colour, finish, component or material by a manufacturer or supplier, the bankruptcy or discontinuation of a manufacturer, and a production, quality or transport problem at the manufacturer count, insofar as they were unforeseeable for Marcottestyle and beyond its control, as force majeure within the meaning of art. 53, subject to art. 53.2. They give the Customer no right to damages, price reduction, interest or termination of the Agreement, except as provided below.
Essential characteristics. For the purposes of this article and of articles 41 and 42, only the following characteristics are essential: the function of the Good, the dimensions within the tolerances of art. 42, the material (for example solid wood, veneer, metal, fabric, leather) and the colour number or colour family, in each case as stated on the order form or quotation. The brand, the manufacturer, the model name, the country of production, the exact fabric reference within the same colour family and price range, and the construction details are not essential, unless the Customer has had them expressly and in writing designated as essential on the order form or quotation. Towards Consumers, the brand, the manufacturer and the model name are moreover essential where the Good was offered or ordered under that name.
Replacement. If a Good, fabric, leather, colour, component or material is not available or not available in time, Marcottestyle may, at its choice:
An alternative that respects the essential characteristics is not a modification of the Agreement and must be accepted by the Customer. Its refusal by a Professional Customer constitutes cancellation of that component in accordance with art. 12. If a Consumer refuses an equivalent alternative, only that component of the Agreement is terminated in accordance with 54.4. Towards Consumers, this article can never result in a Good being delivered that deviates from the essential characteristics without their agreement.
Consequences of terminating a component. If a component is terminated in accordance with this article, then:
Towards Professional Customers, the parties expressly exclude the application of Article 5.74 of the Civil Code concerning change of circumstances, so that neither party can demand renegotiation of the Agreement on that ground. Towards Consumers, the statutory regime remains applicable.
All designs, plans, 3D visualisations, moodboards, bills of quantities, concepts, ideas and other creations drawn up by Marcottestyle or presented to the Customer, as well as the content of www.marcottestyle.com, remain its exclusive intellectual property, regardless of whether a fee was charged for them. They may be used exclusively within the framework of the Agreement between the parties. They may not be copied, modified, passed on to or executed by third parties or other suppliers, even in part, without Marcottestyle’s prior written consent. Submitting Marcottestyle’s designs, plans, 3D visualisations or bills of quantities to third parties to have them executed or imitated constitutes unauthorised use. During execution, the Customer may have elements of the design executed by third parties against the fee determined in the Design Agreement.
In the event of serious indications of unauthorised use, including after termination or discontinuation of a project, Marcottestyle may ask the Customer to provide appropriate information, including photographs of the realised interior. If the Customer refuses to do so without valid reason, the court may draw from this such inferences as it deems appropriate.
If unauthorised adoption, in whole or in part, is established, lump-sum damages are payable of a 16% fee, as design costs, on the amount of the largest design offered, with a minimum of EUR 2,500 (EUR 3,025 incl. VAT), without prejudice to Marcottestyle’s rights under copyright law. Towards Professional Customers, Marcottestyle moreover retains the right to prove and claim higher actual damage.
Marcottestyle has the right to mention the interior designed by it as a reference and, subject to compliance with art. 57, to show it.
Marcottestyle may produce photo and video material of the realisations designed, supplied or executed by it and use this for promotional purposes, including its website, social media, printed matter, brochures, portfolio and trade press, without the Customer being able to claim any compensation for this. Imagery is published without mention of name, address or recognisable persons, unless separate consent has been given for this. The Customer may object to this by written notice before handover; towards Consumers, this objection is offered via a separately tickable box on the order form. The Customer may withdraw his or her consent at any time for future use by a simple notification to info@marcottestyle.com; printed matter already distributed and publications by third parties already placed need not be recalled. The Customer informs Marcottestyle if an architect or third party can assert copyright in the building or the interior.
Marcottestyle processes the Customer’s personal data as controller for the purposes of performing the Agreement, customer management, accounting and, subject to consent or on the basis of legitimate interest, direct marketing. The legal bases are the performance of the Agreement, compliance with legal obligations, legitimate interest and, where required, consent. Data are passed on only to processors and recipients insofar as this is necessary for these purposes. Marcottestyle shares with a Partner Contractor the Customer’s data that are necessary for drawing up the quotation and carrying out the works. The Customer has a right of access, rectification, erasure, restriction, portability and objection, and the right to lodge a complaint with the Data Protection Authority. The Customer is responsible for the accuracy of the personal data that he or she provides and complies with the General Data Protection Regulation (GDPR) with regard to persons whose data he or she transmits, and with regard to personal data that he or she receives from Marcottestyle and its staff. The full privacy policy is available at www.marcottestyle.com/cookie-privacybeleid.
Towards Professional Customers, the following applies: during the performance of the Agreement and for twenty-four months after its termination, the Customer refrains from soliciting, directly or indirectly, staff members, self-employed collaborators or subcontractors of Marcottestyle, or from having them work for him or her outside Marcottestyle, save with prior written agreement. In the event of breach, lump-sum compensation is due equal to six months’ gross remuneration or invoiced fees of the person concerned, without prejudice to the right to compensation for higher actual damage.
Towards Professional Customers, the following moreover applies: if, within twenty-four months after communication of a design, quotation or bill of quantities, the Customer orders, directly or via a third party, from a manufacturer, supplier or subcontractor whom Marcottestyle proposed or engaged in connection with the project, Goods or Works that were included in that design, quotation or bill of quantities, a fee of 16% is due to Marcottestyle on the value of that order excluding VAT, plus VAT, as compensation for the design and study work delivered, without prejudice to art. 56. This fee is not due for orders with a Partner Contractor on which Marcottestyle receives a commission.
Towards Consumers, only art. 56 and the Design Agreement apply.
Each provision of these terms and conditions stands on its own. If a provision is declared null and void, unenforceable or unlawful, all other provisions and the Agreement itself remain fully in force. Towards Professional Customers, the affected provision is replaced by operation of law by the valid provision that most closely approximates its economic purpose, and the parties already accept that replacement now. Towards Consumers, only the affected provision lapses and the general law applies in its place; the other provisions of the same article remain in force insofar as they can be meaningfully applied without the affected provision.
The replacement of a null and void provision by a valid provision that most closely approximates the original intention and economic purpose applies exclusively towards Professional Customers. Towards Consumers, art. 60, fourth sentence, applies.
Marcottestyle may transfer its rights and obligations under the Agreement to an affiliated company or in the context of a transfer of its activities, without this reducing the rights or warranties of the Customer. Marcottestyle may at any time assign or pledge its claims. The Customer may not transfer the Agreement without Marcottestyle’s prior written agreement.
The failure or delay by Marcottestyle in exercising a right cannot be regarded as a waiver of that right.
In the event of any dispute, of whatever nature, only the Dutch text of these terms and conditions applies. The English, French and German versions are free translations without binding force.
Complaints may be addressed to info@marcottestyle.com. Marcottestyle endeavours to resolve every complaint by mutual consultation. If no solution is reached, the Consumer may turn to the Consumer Mediation Service (Consumentenombudsdienst), North Gate II, Koning Albert II-laan 8 bus 1, 1000 Brussels (www.consumentenombudsdienst.be), or to another qualified entity for out-of-court dispute resolution listed at belmed.fgov.be. Marcottestyle is not obliged to take part in an out-of-court procedure, unless the law requires this.
All agreements are governed exclusively by Belgian law. Disputes with a Professional Customer fall within the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division, or, within the limits of its jurisdiction, of the Justice of the Peace Court of the canton of Kapellen. Disputes with a Consumer are settled by the courts that have jurisdiction in accordance with the Judicial Code. After a dispute has arisen, the parties may always, by mutual agreement, designate another competent court.
(Complete and return this form only if you wish to withdraw from the agreement. Only for Consumers with an agreement concluded at a distance or away from business premises; not for Custom Work made according to your choices, see art. 11. For an order via the webshop, you can also use the button “withdraw from the agreement here”.)
To: Marcottestyle BV, Marcottedreef 20, 2950 Kapellen, info@marcottestyle.com
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods / for the supply of the following service (*): …………………………
Ordered on (*) / Received on (*): ………………
Name of consumer(s): ………………
Address of consumer(s): ………………
Signature of consumer(s) (only if this form is submitted on paper): ………………
Date: ………………
(*) Delete as appropriate.