Terms

ARTICLE 1 - DEFINITIONS In these General Terms and Conditions the following definitions apply:
- Buyer: 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 upon between the Buyer and Refresh Bathrooms and thereby products or materials supplied by Refresh Bathrooms or Refresh Bathrooms related suppliers.

ARTICLE 2 - VALIDITY
2.1 These general terms and conditions are applicable to all agreements between Refresh Bathrooms and the Buyer which relate to the total of the work agreed between the Buyer and Refresh Bathrooms and thereby 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 in sufficient detail to enable a correct assessment of the offer.
3.4 The offer states a target date for completion of the Work.
3.5 The offer gives an insight into the price of the products/materials that will be used in the case of Work to be performed. In the case of the contract price, the parties agree on a fixed amount for which the Work will be performed;
3.6 The offer states the method of payment.

ARTICLE 4 - AGREEMENT
4.1 The agreement is established by acceptance of the offer by the Buyer, preferably in writing or electronically.

ARTICLE 5 - OBLIGATIONS OF THE AFNEMER
5.1 The Buyer shall provide Refresh Bathrooms with the opportunity to carry out the work.
5.2 The Buyer shall ensure that Refresh Bathrooms has timely access to the approvals required for the work (such as permits, etc.) and the data to be provided for the work.
5.3 The Buyer shall provide the connection facilities available to him for the energy and water required for the work. The costs of electricity, gas and water will be for his account.
5.4 The Buyer must ensure that work and/or deliveries to be carried out by third parties which are not part of the work of Refresh Bathrooms are carried out in such a way and in such a timely manner that the execution of the work is not delayed as a result. If nevertheless a delay occurs, the Buyer must notify Refresh Bathrooms in a timely manner.
5.5 If the commencement or progress of the work is delayed by circumstances, as referred to in the preceding paragraph, the Buyer must compensate Refresh Bathrooms for the related damages and costs if these circumstances can be attributed to him.
5.6 If the Buyer appeals to the warranty provisions of article 18 of these terms and conditions, Refresh Bathrooms must, for the purpose of determining possible liability, be given the opportunity to conduct destructive testing in the manner least burdensome to the Buyer.
5.7 The Buyer 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 Buyer bears the risk for damage caused by: - inaccuracies in the work commissioned. - inaccuracies in the constructions and methods required by the Buyer. - defects in the (un)movable property on which the work is performed defects in materials or resources made available by the Buyer.

ARTICLE 6 - MORE AND LESS WORK
6.1 Additional or less work for a total amount exceeding 10% of the price (including VAT) of the work shall be agreed in advance in writing or electronically, except in urgent circumstances.

ARTICLE 7 - COST INCREASING CONDITIONS
7.1 Cost-increasing circumstances are circumstances - which are of such a nature that the likelihood of their occurrence need not have been taken into account at the conclusion of the agreement. - which cannot be attributed to Refresh Bathrooms and which increase the cost of the work.
7.2 Cost-increasing circumstances entitle Refresh Bathrooms to compensation for the consequences arising therefrom.
7.3 If Refresh Bathrooms considers that cost-increasing circumstances have occurred, it must inform the Buyer of this as soon as possible and discuss the extent to which the cost increase will be charged to the Buyer in all 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 will be relieved of 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, the other party will be entitled to terminate the execution of the work (or have it terminated). 8.3 After the commencement of the order, it is possible that the design may change due to unforeseen circumstances, such as the way a water pipe runs or other technical matters. In case of a margin, the execution of the design will be adjusted in consultation with the Client. The Client cannot in any case, claim any compensation for damage of any kind, which may arise due to 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 still deliver. This further period is equal to the originally agreed delivery time.
9.2 The work is completed when Refresh Bathrooms has notified the Buyer that the work is complete and the Buyer has accepted the work. After installation, Refresh Bathrooms will review the completed Work with the Buyer after which the Buyer will sign for approval.
9.3 If upon completion of the work, damage is found, the Buyer must make a note of the damage on the completion document or report this in writing within two working days via email to info@refreshbathrooms.nl or by mail to Refresh Bathrooms B.V., Hankweg 69, 2641 WV Pijnacker, failing which the buyer shall be deemed to have received the completed work without damage.
9.4 The work shall be considered completed: - If Refresh Bathrooms has communicated that the work is ready for delivery and the Purchaser does not communicate in writing within 8 days thereafter whether or not it accepts it, it shall be deemed delivered. - When the Buyer puts the object on which the work has been done back into use, on the understanding that by putting part of the work into use, that part is considered delivered, unless the consequence associated with putting the work into use does not justify delivery. - If the parties determine that in view of the nature or extent of the shortcomings it is unreasonable to speak of completion, Refresh Bathrooms will, after consultation with the client, specify a new date on which the work will be ready for completion.

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 offer. The remaining 50% is paid primarily by PIN payment on the day of delivery, unless otherwise agreed.
10.2 If Refresh Bathrooms carries out a delivery in execution of an agreement in parts, it is entitled to claim payment of the delivered goods for each partial delivery. The buyer will receive an invoice for each partial delivery.
10.3 In case of complaints the buyer is only entitled to withhold that part of the invoice which is in reasonable proportion to the content and seriousness of the complaint. This shall not release the customer from his obligation to pay the remaining part of the invoice within the agreed period.

ARTICLE 11 - DELIVERY CONDITIONS LOCATION
11.1 When recording on location, the location and requirements will be checked to see if the conditions for the concept (in one day) are met. There must be free parking at the house for at least 1 work bus. The space must be easily accessible. Walls must be structurally sound (solid, level and fixed). All pipes and drains must be present in the space. Surrounding area must be free of asbestos.

ARTICLE 12 - NON-TIME PAYMENT
12.1 The Buyer must pay the amount due before the expiration of the payment date. If the Buyer fails to do so, Refresh Bathrooms will send a payment reminder after the expiry of that date and will give the Buyer the opportunity within 14 days of receipt of this payment reminder to still pay the outstanding amount.
12.2 If after the expiry of the payment reminder payment is still not made, Refresh Bathrooms is entitled to charge interest from the moment of default. This interest is equal to the legal interest rate.
12.3 Extrajudicial costs to be incurred by the entrepreneur to enforce payment of a debt can be charged to the Buyer. The amount of these extrajudicial collection costs is subject to legal limits. This may be deviated from in favor of the Buyer.
12.4 Refresh Bathrooms remains the owner of materials not yet processed, until the Buyer has fulfilled his payment obligation.

ARTICLE 13 - CANCELLATION
13.1 In the event of cancellation of the agreement by the Buyer, the amount of the cancellation charges will be determined by whether the products are custom made and whether the products can be cancelled by Refresh Bathrooms with its suppliers. Custom products which have already been ordered and cannot be cancelled by Refresh Bathrooms with its suppliers will be charged 100% to the Buyer.
13.2 If it does not concern a custom brand, the Buyer will owe Refresh Bathrooms a compensation of 30% of the total order amount and 50% if the Buyer has already been informed, 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 damages are greater.

ARTICLE 14 - NON-FULFILMENT 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 case of partial or improper fulfillment, suspension is only allowed to the extent justified by the failure.
14.2 If one of the parties fails to fulfill the contract, the other party is entitled to dissolve the contract, unless the failure does not justify dissolution in view of its minor importance.

ARTICLE 15 - STORAGE OF PRODUCTS
15.1 If the products are offered but not accepted on the agreed delivery date, except if the products are faulty, Refresh Bathrooms will make a second delivery within a reasonable time. Refresh Bathrooms may charge storage costs and further demonstrable damages and reasonable costs after refusal or after second delivery.
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 damages and reasonable costs or; b. consider the agreement cancelled in accordance with the regulation in article 12. In addition to cancellation costs, Refresh Bathrooms may also charge storage costs.
15.3 If the products have been paid for by the buyer, Refresh Bathrooms will keep the products in storage for a maximum of 3 months, calculating reasonable internal or external storage costs. This will take into account the sale value of the products and the length of the storage period, unless other arrangements have been made. If the buyer still does not take delivery after the expiration of 3 months, the agreement is considered cancelled and Refresh Bathrooms may, in addition to the cancellation fee mentioned in article 12, charge reasonably incurred storage costs. He must notify the Buyer 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 Buyer 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, the ownership of which the entrepreneur wishes to reserve, shall remain her property.
16.2 All rights of Refresh Bathrooms established with respect to designs, images, description, drawings, models, etc. (copyrights, model rights, etc.) are reserved and must be respected.

ARTICLE 17 - WARRANTY
Warranty conditions: Up to 24 months from invoice date of the delivery invoice; the cost of repair or replacement including freight and call-out charges, shall be borne entirely 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 sealant edges to discolor and eventually loosen.
17.2 The guarantee is not applicable if one or more defects and/or damage occurs to a product supplied by Refresh Bathrooms or work performed by Refresh Bathrooms due to: improper maintenance, improper use, wanton negligence, fire, lightning, floods, natural disasters and explosions, vandalism or any strange cause, environmental pollution, aggressive atmosphere, noxious gases, vapors and/or chemicals, unusual (high or low) temperatures, faulty water, electricity or gas pipes c.q. by such pipes of which Refresh Bathrooms has not been informed in writing of their presence prior to the performance of work, defects of an architectural nature, such as functioning of the structure and/or loss of cohesion of the substrate and walls or by the action of a third party with whom Refresh Bathrooms does not maintain a contractual relationship.
17.3 The warranty does not apply to items not 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 by Refresh Bathrooms on behalf of the Buyer.
18.2 Neither Refresh Bathrooms nor its personnel bears liability for any damage, however called and from whatever cause, other than as a result of its own wilful misconduct or gross negligence, to be proven by the Buyer and then only up to a maximum of the amount of the work or deliveries to be performed by Refresh Bathrooms, or a proportional part thereof. In the event Refresh Bathrooms is insured for the relevant damage, its liability is always limited to the amount actually paid out by the insurer in the relevant case according to the insurance in question.
18.3 Refresh Bathrooms accepts no liability whatsoever: - for contamination, asbestos, chemicals or (hidden) defects present in the premises of the Buyer; improper building-technical construction applied by third parties; - for unevenness and cracks in floors, walls and ceilings and materials used for these; - if against the advice of Refresh Bathrooms in the Buyer demands that certain work be carried out; - for piping present in the premises in which Refresh Bathrooms carries out work (gas, water, data, telecom and electricity; none excepted); - quality and condition of the piping network; - the quality and condition of the walls, ceilings and floor of the space in and on which Refresh Bathrooms carries out work in view of the agreement concluded by Refresh Bathrooms with the Buyer.

ARTICLE 19 - SELLING OUTSIDE
19.1 If Refresh Bathrooms sells products to the Buyer outside the sales area of Refresh Bathrooms there is a sale outside the sales area, also known as door-to-door selling.
19.2 On all sales outside the sales area by Refresh Bathrooms this article 20 is fully applicable.
19.3 The Buyer is entitled to a cooling off period of 14 working days after signing the purchase agreement. If the Buyer wishes to make use of this cooling off period she must inform Refresh Bathrooms as soon as possible by means of the form provided by Refresh Bathrooms for dissolution of the sale. This form must be received by Refresh Bathrooms within 14 working days after delivery of the product.
19.4 If for a product delivered by Refresh Bathrooms no cooling off period is applicable, for example because the product will be custom made for the buyer, this will be mentioned on the purchase agreement.
19.5 If the buyer makes use of her cooling off period she must return the product to Refresh Bathrooms within 14 working days after sending the form for dissolution. All costs for returning the product must be borne by the Buyer. 21.6 If the Buyer has a complaint or a question about a product sold to the Buyer by Refresh Bathrooms outside its sales area, the Buyer may at any time contact Refresh Bathrooms' customer service: by email to info@refreshbathrooms.nl or by telephone on 015- 202 40 70.

ARTICLE 22 - DISPUTES
22.1 A dispute exists as soon as a party declares that such is the case. On all agreements and transactions of Refresh Bathrooms exclusively Dutch law is applicable. All disputes, however named, will be submitted to the judgment of the Dutch competent court, such with the exclusion of all other arbitrating, advisory and judicial bodies.
Changes, misprints and misprints reserved.