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Terms

ARTICLE 1 – DEFINITIONS In these General Terms and Conditions the following definitions apply:
• Customer: the consumer or the natural or legal person acting in the exercise of a business or profession.
• Refresh Bathrooms: Refresh Bathrooms B.V., registered in the trade register under number 89407121.
• Work: The total of the work agreed between the Customer and Refresh Bathrooms and by the Refresh Bathrooms or products or materials supplied to Refresh Bathrooms related suppliers.

ARTICLE 2 - VALIDITY
2.1 These general terms and conditions apply to all agreements between Refresh Bathrooms and the Customer that relate to the total of the work agreed between the Customer and Refresh Bathrooms and products supplied by Refresh Bathrooms.

ARTICLE 3 – OFFER
3.1 The offer for Work is made in writing or electronically, unless urgent circumstances make this impossible.
3.2 The offer is valid for 14 calendar days after receipt.
3.3 The offer includes a description of the work to be performed and the products to be delivered that is sufficiently detailed to enable a correct assessment of the offer.
3.4 The offer states a target date for delivery of the Work.
3.5 The offer provides insight into the price of the products/materials that will be used in the case of work to be carried out. With the contract price, the parties agree on a fixed amount for which the work will be carried out;
3.6 The offer states the payment method.

ARTICLE 4 – AGREEMENT
4.1 The agreement is concluded by acceptance of the offer by the Customer, preferably in writing or electronically.

ARTICLE 5 - OBLIGATIONS OF THE CUSTOMER
5.1 The Customer gives Refresh Bathrooms the opportunity to carry out the work.
5.2 The Customer ensures that Refresh Bathrooms has access to the approvals required for the work (such as permits, etc.) in a timely manner. ) and the data to be provided for the work.
5.3 The Customer provides the connection options available to him for the energy required for the work and water. The costs of electricity, gas and water are at his expense.
5.4 The Customer must ensure that work and/or deliveries to be carried out by third parties that do not belong to the work of Refresh Bathrooms are carried out in such a way and in a timely manner that the execution of the work is not delayed. If a delay nevertheless occurs, the Customer must notify Refresh Bathrooms of this in a timely manner.
5.5 If the start or progress of the work is delayed due to circumstances as referred to in the previous paragraph, the Customer must compensate Refresh Bathrooms for the related damage and costs if these circumstances can be attributed to him.
5.6 If the Customer invokes the warranty provisions of Article 18 of these conditions, in order to determine possible liability, Refresh Bathrooms must be given the opportunity to carry out destructive research at least for the Customer onerous manner.
5.7 The Customer must report defects in the work within five working days after he has discovered them or reasonably should have discovered them, preferably in writing to Refresh Bathrooms.
5.8 The Customer bears the risk for damage caused by : – inaccuracies in the assigned work. – inaccuracies in the constructions and working methods required by the Customer. – defects in the movable property on which the work is carried out, defects in materials or tools made available by the Customer.

ARTICLE 6 – ADDITIONAL AND MINOR WORK
6.1 Additional or less work for a total amount higher than 10% of the price (incl. VAT) of the work will be agreed in advance in writing or electronically, except in urgent circumstances.

ARTICLE 7 - COST INCREASING CIRCUMSTANCES
7.1 Cost-increasing circumstances are circumstances: - which are of such a nature that the likelihood of their occurrence need not be taken into account when concluding the agreement. – which cannot be attributed to Refresh Bathrooms and which increase the costs of the work.
7.2 Cost-increasing circumstances entitle Refresh Bathrooms to compensation for the resulting consequences.
7.3 If Refresh Bathrooms is of the opinion that cost-increasing circumstances have occurred , he must inform the Customer of this as soon as possible and discuss to what extent the cost increase will be charged to the Customer in reasonableness and fairness.

ARTICLE 8 – FORCE MAJEURE
8.1 If the execution of the work becomes temporarily impossible for one of the parties, the other party is released from its obligations for that period.
8.2 If the execution of the work becomes permanently impossible for one of the parties due to a cause that cannot be attributed to it, then the other party is entitled to terminate the execution of the work. 8.3 After the start of the assignment, it is possible that the design changes due to unforeseen circumstances, such as the way in which a water pipe runs or other technical matters. In the event of a margin, the implementation of the design will be adjusted in consultation with the Client. In any case, the Client cannot claim any compensation for damage whatsoever that may arise from a deviation from the dimensions and scale in the original design.

ARTICLE 9 - DELIVERY
9.1 If the delivery date or the agreed time or period is exceeded, Refresh Bathrooms will be granted a further period to deliver. This additional period is equal to the originally agreed delivery time.
9.2 The work is completed when Refresh Bathrooms has informed the Customer that the work has been completed and the Customer has accepted the work. After installation, Refresh Bathrooms will examine the completed Work together with the Customer, after which the Customer will sign for approval.
9.3 If damage is found upon delivery of the work, the Customer must make a note of the damage on the delivery document or within two working days to report this in writing by email to [email protected] or by post to Refresh Bathrooms B.V., Hankweg 69, 2641 WV Pijnacker, failing which the Customer is deemed to have received the delivered work without damage. whether it is accepted or not, it is deemed to have been delivered. – When the Customer puts the object on which the work has been carried out back into use, with the understanding that by putting part of the work into use, that part is considered to have been completed, unless the consequence of putting it into use is not justified. is. – If the parties determine that, given the nature or extent of the shortcomings, delivery cannot reasonably be said to have been completed, Refresh Bathrooms will, after consultation with the customer, indicate a new date on which the work will be ready for delivery.

ARTICLE 10 – PAYMENT
10.1 Payment is made by a down payment of 50% of the agreed price on the day of acceptance of the quotation. The remaining 50% is paid primarily by debit card payment on the day of delivery, unless otherwise agreed.
10.2 If Refresh Bathrooms makes a delivery in execution of an agreement in parts, it is entitled to payment of the to claim delivered goods. The customer will receive an invoice for each partial delivery.
10.3 In the event of complaints, the customer is only entitled to withhold that part of the invoice that is in reasonable proportion to the content and seriousness of the complaint. This does not release the customer from his obligation to pay the remaining part of the invoice within the agreed period.

ARTICLE 11 - LOCATION DELIVERY CONDITIONS
11.1 When recording on location, it is checked whether the location and wishes meet the conditions for the concept (in one day). There must be free parking space at the house for at least 1 work bus. The space must be easily accessible. Walls must be structurally sound (solid, flat and solid). All pipes and drains must be present in the room. Environment must be free of asbestos.

ARTICLE 12 – LATE PAYMENT
12.1 The customer must pay the amount due before the payment date expires. If the Customer does not do this, Refresh Bathrooms will send a payment reminder after the expiry of that date and give the Customer the opportunity to pay the outstanding amount within 14 days of receiving this payment reminder.
12.2 If after the expiry of the payment reminder payment has still not been made, Refresh Bathrooms is entitled to charge interest from the moment of default. This interest is equal to the statutory interest.
12.3 Extrajudicial costs incurred by the entrepreneur to enforce payment of a debt may be charged to the Customer. The amount of these extrajudicial collection costs is subject to legal limits. This can be deviated from to the Customer's advantage.
12.4 Refresh Bathrooms remains the owner of materials that have not yet been processed until the Customer has fulfilled his payment obligation.

ARTICLE 13 - CANCELLATION
13.1 If the Customer cancels the agreement, the amount of the cancellation costs is determined by whether the products are custom-made and whether the products can be canceled by Refresh Bathrooms with its suppliers. Customized products that have already been ordered and cannot be ordered by Refresh Bathrooms from its suppliers will be charged 100% to the Customer.
13.2 If it does not concern a custom brand, the Customer owes Refresh Bathrooms compensation of 30 % of the total order amount and 50% if the Customer has already been notified that the delivery – or part of it if it concerns a partial delivery – can take place. The percentages mentioned in the previous paragraph are fixed, unless Refresh Bathrooms can prove that its damage is greater.

ARTICLE 14 - NON-PERFORMANCE OF THE AGREEMENT
14.1 If one of the parties fails to fulfill an obligation under the agreement, the other party may suspend the fulfillment of the corresponding obligation. In the event of partial or improper performance, suspension is only permitted to the extent that the shortcoming justifies this.
14.2 If one of the parties fails to comply with the agreement, the other party is entitled to terminate the agreement, unless the shortcoming is in view of its minor significance. does not justify dissolution.

ARTICLE 15 - STORAGE OF PRODUCTS
15.1 If the products are offered on the agreed delivery date but are not accepted, unless the products are defective, Refresh Bathrooms will make a second delivery within a reasonable period. After refusal or after a second delivery, Refresh Bathrooms may charge storage costs and further demonstrable damage and reasonable costs.
15.2 If the second delivery is also not accepted, Refresh Bathrooms may: a. demand fulfillment of the agreement and charge storage costs and further demonstrable charge damages and reasonable costs or; b. consider the agreement as canceled in accordance with the arrangement in article 12. In addition to cancellation costs, Refresh Bathrooms may also charge storage costs.
15.3 Once the products have been paid for by the customer, Refresh Bathrooms will store the products for a maximum of 3 months, calculating reasonable internal or external storage costs. The sales value of the products and the duration of the storage period are taken into account, unless other agreements have been made about this. If the customer still does not purchase after 3 months, the agreement will be considered canceled and Refresh Bathrooms may charge reasonable storage costs in addition to the cancellation fee referred to in Article 12. He must notify the customer in writing that he intends to do so.
15.4 The risk of fire and damage during storage is covered by insurance by Refresh Bathrooms in the event of a purchase by the Customer at his expense.

ARTICLE 16 - OWNERSHIP OF DRAWINGS, DESIGNS, ETC.
16.1 The designs, images, descriptions, drawings, models, budgets and calculations, etc. provided by or on behalf of Refresh Bathrooms, of which the entrepreneur wishes to retain ownership, remain its property.
br>16.2 All rights established by Refresh Bathrooms with regard to designs, images, descriptions, drawings, models, etc. (copyrights, design rights, etc.) are reserved and must be respected.

ARTICLE 17 – WARRANTY
Warranty conditions: Up to 24 months after the invoice date of the delivery invoice; the costs for repairs or replacement, including freight and call-out costs, are fully borne by Refresh Bathrooms.
17.1 The warranty lapses in the event of improper and abnormal use and all other circumstances beyond the control of Refresh Bathrooms, such as a moisture problem in the bathroom causing the sealant edges to discolour and eventually loosen.
17.2 The warranty does not apply if one or more defects and/or damage arises to a product supplied by Refresh Bathrooms or by Refresh. Bathrooms performs work due to: improper maintenance, improper use, willful negligence, fire, lightning, floods, natural disasters and explosions, vandalism or any extraneous cause, environmental pollution, aggressive atmosphere, harmful gases, vapors and/or chemicals, unusual (high or low) temperatures, defective water, electricity or gas pipes or similar pipes of which Refresh Bathrooms has not been informed in writing about the presence thereof before carrying out work, defects of a constructional nature, such as the operation of the structure and/or loss of cohesion of the substrate and walls or due to the actions of a third party with whom Refresh Bathrooms does not maintain a contractual relationship.
17.3 The warranty does not apply to items that have not been supplied by Refresh Bathrooms.

ARTICLE 18 – LIABILITY
18.1 Refresh Bathrooms is in no way liable for (consequential) damage caused by the use of the products supplied by Refresh Bathrooms and/or its suppliers or work carried out by Refresh Bathrooms on behalf of the Purchaser.
18.2 Neither Refresh Bathrooms nor its personnel are liable for any damage, of whatever nature and caused by whatever cause, other than as a result of its own intent or gross negligence, to be proven by the Purchaser and then only up to a maximum of the amount of the work or deliveries to be carried out by Refresh Bathrooms, or a proportionate part thereof. In the event that Refresh Bathrooms is insured for the damage in question, its liability is always limited to the amount that is actually paid out by the insurer in the relevant case according to the relevant insurance.
18.3 Refresh Bathrooms accepts no liability whatsoever: – for any contamination, asbestos, chemicals or (hidden) defects present in the Purchaser’s premises; incorrect construction by third parties; – for unevenness and cracks in floors, walls and ceilings and the materials used for these; – if, against the advice of Refresh Bathrooms, the Purchaser demands that certain work be carried out; – for pipes present in the building in which Refresh Bathrooms carries out work (gas, water, data, telecom and electricity; none excepted); – ​​quality and condition of the pipe network; – the quality and condition of the walls, ceilings and floor of the space in and on which Refresh Bathrooms carries out work with a view to the agreement concluded between Refresh Bathrooms and the Purchaser.

ARTICLE 19 – SALE OUTSIDE SPACE
19.1 If Refresh Bathrooms sells products to the Purchaser outside the sales area of ​​Refresh Bathrooms, this is considered a sale outside sales area, also known as door-to-door sales.
19.2 This article 20 applies in full to all sales outside sales area by Refresh Bathrooms.
19.3 The Purchaser is entitled to a cooling-off period of 14 working days after signing the purchase agreement for all sales outside sales area. If the Purchaser wishes to make use of this cooling-off period, it must inform Refresh Bathrooms of this as soon as possible by means of the form for cancellation of the purchase provided by Refresh Bathrooms. This form must therefore be received by Refresh Bathrooms within 14 working days after delivery of the product.
19.4 If no cooling-off period applies to a product supplied by Refresh Bathrooms, for example because the product will be custom-made for the customer, this will be stated in the purchase agreement.
19.5 If the Customer uses its cooling-off period, it must return the product to Refresh Bathrooms within 14 working days after sending the cancellation form. All costs for returning the product must be borne by the Customer. 21.6 If the Customer has a complaint or a question about a product that Refresh Bathrooms has sold to the Customer outside its sales area, the Customer can contact Refresh Bathrooms customer service at any time: by email to [email protected] or by telephone on 015- 202 40 70.

ARTICLE 22 – DISPUTES
22.1 A dispute exists as soon as one party declares that this is the case. All agreements and transactions of Refresh Bathrooms are exclusively governed by Dutch law. All disputes, however named, will be submitted to the judgment of the competent Dutch court, to the exclusion of all other arbitrating, advisory and judicial bodies.
Changes, printing and typographical errors reserved.