GENERAL CONSUMER TERMS AND CONDITIONS OF VAN BEEM OUTDOOR LIVING

Article 1 - DEFINITIONS

In these General Terms and Conditions for Consumers, the following definitions apply:
The Entrepreneur: Van Beem Buitenleven who offers and performs the activities listed below.
Activities: The preparation and execution of activities for or in connection with the supply and assembly of verandas and Sunscreen. The supply of necessary materials for said activities. Giving advice, drawing up plans and/or budgets for the purpose of carrying out said work.
Materials: All products and materials that fall within the entrepreneur's area of expertise.
Consumer: Natural person who is not acting in the exercise of a profession or business and who enters into an agreement with the entrepreneur.

Article 2 - APPLICABILITY

These terms and conditions apply to any offer made by the entrepreneur and to all contracts concluded between the entrepreneur and the consumer.

Article 3 - THE OFFER / THE QUOTE

1. Before issuing a quotation, the proprietor has a duty to acquaint himself with all relevant information related to the execution of the work, and the consumer has a duty to provide the proprietor with this information. In addition, the entrepreneur discloses to the consumer the quotation and design costs in advance.
2. The proprietor preferably makes the offer in writing or electronically.
3. The offer is dated and is irrevocable for 30 days after the offer date, unless the offer shows otherwise.
4. The offer contains a complete and accurate description of the goods to be supplied and/or the work to be performed on the basis of the information provided to the entrepreneur by the consumer in the first paragraph. This description must be sufficiently detailed to enable a proper assessment of the offer by the consumer.
5. The offer states when the work will begin and an indication of the time of delivery.
6. The offer gives an insight into the price of the materials and into the pricing method that will be used for the work to be carried out: contract price or cost-plus.
a. In the case of the contract price method, the parties agree on a fixed amount for which the work will be carried out, including VAT. b. In the case of the cost-plus pricing method, the proprietor provides an accurate specification of the price factors including VAT (including hourly rates and unit prices of the materials required). At the consumer's request, the proprietor can give an indication of the expected execution costs by stating a guide price. Hourly rate means the fee for performing work for the time of one hour by one person, including VAT. The consumer is charged for the total number of hours that the entrepreneur worked for him, including the time for travel to and from the work. 7. The offer states the method of payment and the terms of payment.
8. The offer is accompanied - in writing or electronically - by a copy of these General Terms and Conditions.
9. Unless explicitly agreed otherwise, the entrepreneur retains the intellectual property rights to, inter alia, all designs, images, drawings and sketches provided. They must be returned immediately at the first request of the proprietor, without prejudice to other legal measures available to the proprietor to safeguard his rights.
10. The consumer is prohibited from reproducing, publishing, exploiting or exhibiting in any way any material of the proprietor that is subject to intellectual property rights without permission from the proprietor. If the order to carry out the work is not strengthened to the entrepreneur, the quotation, complete with designs, images and drawings, will be returned to the entrepreneur within 14 days after the date of the decision or after the expiration of the offer. The consumer is not permitted to execute the design himself or have it executed without the express written permission of the copyright holder.
11. If agreed in writing or electronically, the consumer shall reimburse the proprietor for any preparation, design and/or drawing costs of which he has been informed in advance, if the proprietor has been invited to carry out drawing work but has not been commissioned to carry out work and/or supply items.
12. Fee for changing invoice details after sending the invoice: administrative costs €25.00 excluding VAT.

ARTICLE 4 - THE AGREEMENT

1. The agreement is established by the consumer's acceptance of the offer. This acceptance is preferably in writing. In case of electronic assignment, the entrepreneur sends an electronic confirmation to the consumer.
2. After changes in the offer, a new offer and order confirmation will be issued.
3. The acceptance of the quotation is deemed to have been made unchanged, if and when the consumer agrees, or clearly allows the work to be started.
4. Obvious errors or mistakes in prospectuses, leaflets and/or publications, images, drawings, offers, order confirmations and stated data do not bind the entrepreneur.
5. The proprietor is required to inform himself about the presence of cables and pipes before commencing any excavation work. The consumer is required to provide the proprietor with all information known to him in this respect.
6. The proprietor is not liable for damage to cables, pipes or other underground works and constructions that are hidden from view, nor for the possible consequences of such damage, except as provided for by law.

ARTICLE 5 - OBLIGATIONS OF THE CONSUMER

1. The consumer must ensure that, if and insofar as required, he has obtained the necessary permits and exemptions in good time, i.e. before the proprietor is to commence performance of the contract.
2. The proprietor is not liable for any form of damage caused by the consumer's failure to obtain the permits and exemptions required for the implementation of the contract, or to obtain them on time.

ARTICLE 6 - THE PRICE AND PRICE CHANGES

1. All amounts and prices mentioned in offers and agreements are inclusive of VAT. Interim price changes arising from the law can be passed on to the consumer. The proprietor is entitled to pass on to the consumer any other price increase in cost-determining factors that arose after the contract was concluded, but before delivery. If the entrepreneur does this within 3 months after the conclusion of the contract, the consumer has the right to dissolve the contract, which right he must use within 8 days after notification of the price increase. Dissolution of the agreement in this way does not entitle either party to compensation.
2. Amendments to the agreement shall, if a higher price would result therefrom, be considered as additional work and if a lower price would result therefrom, as less work.
3. Extra and less work shall, without prejudice to the obligation to pay the principal sum, be recorded in advance in writing or electronically and shall be carried out after agreement.

ARTICLE 7 - EXECUTION AND DELIVERY

1. Delivery of accepted work means the actual delivery to the consumer. The work is considered delivered when the proprietor, after carrying out the work, has informed the consumer in writing that the work has been completed or if the consumer and the proprietor, after carrying out the work, have jointly signed the delivery form. Furthermore, the work is considered delivered when the consumer puts the work into use (again), on the understanding that by putting part of the work into use, that part is considered delivered.
2. The proprietor is authorized to engage third parties to carry out the work and deliver items.

ARTICLE 8 - CONFORMITY AND LIABILITY

1. Given the nature of the materials used by the entrepreneur, the materials may contain color differences. Any color differences that are not observable at a distance of 5 meters will lead to non-conformity of the materials supplied by the entrepreneur. Moreover, the color coating on/against the moving parts is rather subject to wear and tear, this belongs to normal wear and tear of the materials.
2. The materials used by the entrepreneur may shrink and expand (under the influence of weather conditions), which may be accompanied by the associated (soft) noises. Shrinkage and expansion of the materials cannot be regarded as non-conformity of the materials supplied by the proprietor.
3. If the proprietor, at the consumer's request, has used natural materials, including for example wood, in carrying out the assignment, there is no question of non-conformity if these natural materials work, discolor or if cracks occur. The working, discoloration or occurrence of cracking is a characteristic of natural materials.
4. If the proprietor, at the consumer's request, has used non-insulated materials in carrying out the assignment, there is no question of non-conformity if condensation forms on one or more of the materials used by the proprietor. The formation of condensation on non-insulated glazing or materials is a normal phenomenon.
5. The proprietor is not responsible for defects that have arisen after delivery of the goods as a result of inexpert use or lack of care, or that are the result of changes that the consumer or third parties have made to the delivered goods. Nor is the entrepreneur responsible for any damage resulting from these defects.
6. The proprietor is not liable for (the consequences of) attaching or connecting the materials used by the proprietor in carrying out the contract to structures, installations or materials that turn out to be unsuitable and the proprietor did not know or could not have known this. Furthermore, the proprietor is not liable for damage caused by sockets, cabling or sewage from the consumer to which the proprietor's products are connected. The consumer is responsible for ensuring that these connections and installations have been installed and/or checked by a recognized installer or plumber and are therefore suitable for the intended connection.
7. The proprietor is not liable for (structural) defects to the consumer's immovable property/properties or damage resulting from these.
8. The proprietor is not liable for damage caused by an incorrect supporting surface or subsidence of the supporting surface, unless the proprietor has installed and/or modified the supporting surface at the consumer's request.
9. The proprietor is not liable for damage resulting from constructions and/or working methods desired by the consumer or inaccuracies in the work assigned by the consumer.
10. The materials and roof construction used by the entrepreneur are not suitable for walking on. If at any time the consumer decides to enter the roof installed by the entrepreneur, the entrepreneur is not liable for any resulting damage.
11. Kink creases and chalk marks that occur during the processing of awning fabric, as well as waffle or chevron patterns in the vicinity of hems and seams of awn fabric are normal product characteristics and can never lead to complaints.
12. The entrepreneur guarantees the quality of the materials he supplies, in accordance with the description in the quotation. All this with due observance of the relevant statutory provisions and geared to the intended purpose or use.
13. The proprietor is responsible for the regrowth during the next growing season of live materials supplied, unless there are exceptional weather and/or site conditions or circumstances beyond his control.
14. Cooking Workshops - Knives and open flames will be used, so it is important to handle these responsibly. Participation in the workshops is at your own risk. Van Beem accepts no liability for personal injury or damage to participants' property, nor any liability as a result of events during the workshop. During the workshop, we will be working with materials that may stain clothing or belongings. Van Beem is not liable for soiled or damaged property and will not reimburse any damages.

ARTICLE 9 - WARRANTY

1. The proprietor gives a one-year guarantee on support surfaces/soils applied by him, except in the case of new construction. If the Contractor installs materials at/on recently built immovable property, then, in connection with the high risk of subsidence, which risk is not the Contractor's fault, the Contractor does not give a guarantee on support surfaces/soils that he has applied.
2. The entrepreneur gives a one-year warranty on moving parts.
3. The entrepreneur gives a two-year warranty on LED spots Exclusive Line.
4. The entrepreneur has a five-year guarantee on wooden parts, provided the woodwork has always been (demonstrably) maintained correctly and in good time by or on behalf of the consumer.
5. The entrepreneur has a ten-year warranty on the aluminum profiles and on the polycarbonate roof panels (with the exception of condensation that occurs in the polycarbonate panel with humid weather conditions).
6. In any case, outside the warranty are all defects:
a. That occur in and/or are wholly or partially the result of non- or incorrect observance of the operating and/or maintenance instructions by the consumer;
b. Which are the result of changes made by or on behalf of the consumer;
c. Which are the result of normal wear and tear;
d. Which are not the result of work performed by the entrepreneur;
7. The consumer can no longer rely on guarantees provided by the proprietor if the consumer has not reported the defects to the proprietor in writing as soon as possible, but no later than 30 days after he has discovered them or should reasonably have discovered them.
8. If the entrepreneur decides to honor a claim based on the provisions in this article, then the entrepreneur has the choice between offering a suitable solution, remedying the defect or compensation.
9. The performance of replacement or repair during the warranty period does not extend the liability for the original performance.

ARTICLE 10 - SUSPENSION

1. In case of force majeure, the delivery and other obligations of the entrepreneur may be suspended. If this period, in which fulfillment of the obligations of the entrepreneur is not possible due to force majeure, lasts longer than 90 days, both parties are authorized to dissolve the agreement, without any obligation to pay damages in that case. If at the onset of the force majeure the entrepreneur has already partially fulfilled his obligations, or could only partially fulfill his obligation, he is entitled to invoice the already delivered separately. The consumer is in that case obliged to pay this invoice as if it were a separate contract. Force majeure on the part of the consumer does not include the circumstance that the entrepreneur cannot perform the work in accordance with the contract because other and/or preparatory work at the consumer's premises has not been performed or has not been performed on time.
2. In these General Terms and Conditions, force majeure means, in addition to what is understood in law and jurisprudence, all external causes beyond the control of the proprietor, but which prevent the proprietor from fulfilling his obligations, including strikes at the company of the proprietor or third parties, staff illness, staff shortages, traffic congestion, accidents, power or computer failures, fire, theft, government measures, poor weather conditions, lack of raw materials and late deliveries to the proprietor by third parties. The entrepreneur also has the right to invoke force majeure if the circumstance preventing (further) compliance with the contract occurs after the entrepreneur should have fulfilled his commitment.
3. If, in the opinion of the proprietor, the implementation of work cannot take place on time, as a result of weather or temporary site conditions, he has the right, without this entitling the consumer to compensation for damages, to suspend the work for as long as these conditions persist.
4. If the agreed work cannot be carried out, or can only be carried out in part, temporarily, for a maximum of 90 days, due to force majeure on the part of the proprietor, the proprietor shall immediately contact the consumer with the aim of making arrangements for alternative performance.

ARTICLE 11 - CLEANING AND WASTE DISPOSAL

1. The proprietor shall deliver the site on which he has performed the work clean and tidy. In addition, the proprietor shall ensure the removal of any waste and packaging materials produced by him in the performance of the work.
2. If, during the implementation of the work, it emerges that the waste released is contaminated, and the consumer has not informed the proprietor of this beforehand, the proprietor is entitled to charge the consumer for the extra costs involved in disposing of the contaminated waste, in accordance with the applicable laws and regulations, as additional work in accordance with Article 6, paragraph 2 and 3.

ARTICLE 12 - STAFF APPOINTMENTS

Arrangements or agreements with non-authorized employees of the entrepreneur or third parties engaged by the entrepreneur are not binding on the entrepreneur unless he has confirmed them in writing or electronically.

ARTICLE 13 - PAYMENT

1. All activities carried out by the Contractor - in so far as they do not form part of an agreed contract price and are therefore included in the price - are charged without prejudice to the fee due for transport, processing and/or installation.
2. Payment takes place in a guaranteed payment method accepted by the proprietor, unless otherwise agreed in writing.
3. Invoices must be paid within 14 days of the invoice date.
4. If payment in instalments has been agreed, the consumer must pay according to the instalments and percentages as laid down in the contract.
5. Payment must be made in the manner specified in the offer.
6. The proprietor has the right to require the consumer to pay up to 50 percent of the contract sum in advance.

ARTICLE 14 - LATE PAYMENT

1. The consumer is in default from the expiration of the payment date. This default is not remedied by the entrepreneur sending a final payment reminder after the expiry of that period and (thus) giving the consumer the opportunity to pay within 14 days after receipt of this reminder.
2. If payment is still not made after the payment reminder has expired, the entrepreneur is entitled to charge interest from the expiry of the payment date. This interest is equal to the legal interest rate.
3. If payment is not made on time, the entrepreneur has the right to suspend fulfillment of the agreement for an indefinite period of time.
4. All reasonable costs resulting from non-payment or late payment are at the expense of the consumer.

ARTICLE 15 - RETENTION AND TRANSFER OF TITLE

1. All items delivered, insofar as they are not earthbound or nail-bound, remain the property of the entrepreneur as long as they have not, or not completely, been paid for.
2. Insofar as the proprietor's retention of title on the delivered items ceases to exist due to accession or specification, the proprietor establishes in advance a non-possessory pledge on the items that are subject to accession or specification for the benefit of the proprietor, as security for everything the consumer, for whatever reason, owes and will owe to the proprietor. If the item supplied forms an inseparable part of a registered property, a right of mortgage can be established.
3. If the proprietor makes use of his rights arising from this article, then all resulting costs, including those which the proprietor will deem necessary to preserve his rights, are at the expense of the consumer.

ARTICLE 16 - PERFORMANCE OF WORK AND CONTRACT TERMINATION

1. If the proprietor's business is liquidated or dissolved before the work is completed, his successors in title are not required to complete the work, even if the business is continued in some way. In that case, the consumer should pay the successors the contract price, less a reasonable amount for the unfinished portion of the work, or, in the case of cost-plus work, the amount due up to the time of the proprietor's death, calculated in accordance with these conditions.
2. The proprietor has the right to suspend performance of the contract for an indefinite period of time in the event that the consumer is declared bankrupt, when the statutory debt rescheduling arrangement has been declared applicable, as well as in the event that the consumer has applied for a suspension of payments or in the event of the consumer's death.

ARTICLE 17 - LIABILITY

1. The proprietor is liable for demonstrable damage caused to the building and inventory, persons or property of persons during the performance of the contract, which is due to negligence, carelessness or wrongful acts on the part of the proprietor, his personnel or any subcontractors.
2. If all or part of the contract involves the delivery of items, the following applies upon delivery to the consumer: if damage to items is observed, the consumer should note this on the receipt. Moreover, the consumer should report this to the proprietor as soon as possible after delivery, in default of which the consumer is deemed to accept the items, subject to the provisions of the law. If there is no opportunity to inspect the delivered items upon delivery, the consumer should also note this on the receipt.
3. The consumer is otherwise obliged to take all those measures within reasonable limits that (could) have prevented or limited the damage.
4. With due observance of the provisions of this article, the entrepreneur is liable for damage caused by/when executing the agreement. The damage shall be compensated up to a maximum of €1,250,000 per event, without prejudice to statutory liability.
5. The consumer indemnifies the proprietor against claims by third parties against the proprietor if the proprietor causes damage because insufficient or incomplete information has been provided by the consumer or by third parties whom the consumer has appointed for that purpose, which, if this information had been known to the proprietor, could have led to prevention or limitation of the damage.
6. The entrepreneur is not liable if the damage can be attributed to intentional / culpable actions, or injudicious or improper use by or on behalf of the consumer.
7. The entrepreneur is not liable for damages of any kind that arise because the entrepreneur has relied on incomplete or inaccurate data and/or information provided by or on behalf of the consumer. Furthermore, the proprietor is not liable for defects in or as a result of materials or tools that have been made available by or on behalf of the consumer.
8. The proprietor is not liable for damage, of whatever nature, that occurs during the maintenance, cleaning or cleaning of the work or part thereof. The proprietor advises the consumer to take protective and safety measures when cleaning or cleaning the work or part thereof, for example but not exclusively cleaning the gutters.
9. The consumer is liable to the proprietor for damage caused by a shortcoming or delay attributable to him.
10. The proprietor is not liable for any form of damage resulting from the early commissioning of part or all of the work.

ARTICLE 18 - COMPLAINTS

1. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described in a timely manner after the consumer has discovered the defects. Failure to submit the complaint on time may result in the consumer losing his rights in the matter.
2. Complaints do not suspend the consumer's obligation to pay, except insofar as the entrepreneur has indicated in writing that she deems the complaint well-founded and that she agrees to suspend the consumer's obligation to pay.
3. The entrepreneur has the right, within four weeks after submission of the complaint, to have the complaint investigated by an independent third party. The consumer then lends his cooperation.
4. Complaints regarding the execution of the work or the delivery of the materials do not discharge the consumer from his obligation to exercise the normal care that may be expected of him after completion of the execution of the work or delivery of the materials.
5. Failure to perform adequate maintenance, after delivery, may result in the consumer losing his rights in the matter.

ARTICLE 19 - FINAL PROVISIONS

1. Individual deviations must be recorded in writing or electronically between the entrepreneur and the consumer.
2. All legal relationships to which the entrepreneur is a party are exclusively governed by Dutch law.
3. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.