Terms and Conditions

SFEER bv - GENERAL CONDITIONS The current terms and conditions apply to all sales of goods and / or services, realized by the “contractor” or “seller”, being SFEER bv, with the trade name Sfeerontwerp. They also apply to all sales of goods and / or services offered on the website www.sfeerontwerp.be. By "client" or "buyer" is understood any natural person or legal person who purchases one or more services and / or products from the contractor / seller, as well as any visitor to the website www.sfeerontwerp.be. §1 - Delivery of services 1. An agreement is concluded between the contractor and the client by signing a “contract” or after agreement by the contractor with the email from the client in which the latter declares to agree with the proposed services by the contractor. 2. When the agreement comes into effect, the client declares to have taken note of the present terms and conditions and to accept them. 3. The services are provided as described in the contract, in the invoice or in the e-mail, as stated in §1 point 1 (possibly with attachment). 4. When the client requests additional services, these will be invoiced separately at the prices applicable at that time. 5. The delivery period for services is estimated to the best of the contractor's ability on the basis of estimated working hours and, if applicable, agreements for the delivery of material by the client. They serve as guidelines only and are in no way binding. If a term has been set, in case of non-delivery, no claim for compensation or termination of the agreement can be claimed. §2 - 3D designs1. The price of 3D designs includes the submission of a maximum of 3 variants, as well as 1 possible change that must be made to the design. 2. The sketches, designs, plans, proposals, ideas, tips and advice provided by the contractor only serve as a guideline for the realization of the client's project. The contractor does not accept any responsibility for the correctness of the stated content (such as dimensions, technical correctness, ...), nor for the proper execution of the works ordered by the client on the basis of these documents or studies. 3. In the context of artistic and intellectual property rights, 3D designs, sketches and / or plans will only be handed over upon signing a definitive execution contract / order form / quotation at the contractor (s) / executor (s) appointed by the contractor. . 4. If the client does not sign a definitive execution contract / order form / quotation with the contractor (s) / executor (s) appointed by the contractor; however, the 3D designs, sketches and / or plans may be purchased at an agreed price, whereby the contractor reserves the right to refuse the sale. In this case, too, the contractor assumes no responsibility for the correctness of the stated content, nor for the proper execution of the works ordered by the client on the basis of these documents or studies. §3 - Works1. The contractor proposes contractor (s) / contractor (s) who are registered and recognized and who offer the greatest possible guarantees regarding professional competence and solvency. 2. The client is free to choose the contractor (s) / executor (s) and ensures that the contractor (s) / executor (s) provide proof of their registration and, if necessary, of their approval, and that they offer all guarantees regarding professional competence, solvency and professional liability insurance. The contractor assists the client in this respect as a consultant, but will in no case guarantee the default of one or other contractor / contractor, nor the loss of their registration. 3. The contractor does not assume any responsibility for the proper execution of the assignment assigned to the contractor (s) / executor (s). He cannot be held liable by the client for any damage (direct or indirect, foreseen or not foreseen) as a result of poor or late execution by the contractor (s) / foreman (s), nor for defects and / or damage caused to materials and supplies, nor for damage caused to the client or third parties. The contractor does not assume any financial costs due to mistakes and errors of the contractor (s) / operator (s). The contractor cannot be held liable in solidum with the contractors who carry out the works. 4. The client is solely responsible for obtaining the necessary permits and for complying with all legal obligations with regard to the work to be carried out. If necessary, he must call on an architect, an engineer or a specialized consultant, and this at his expense. The contractor can in no way be held liable for the intervention or otherwise of these third parties, nor for the associated costs, and does not accept any responsibility for tasks that are part of the assignment of these third parties. 5. The contractor (s) / foreman (s) are responsible for the application of all legal, regulatory or conventional provisions, including with regard to the general terms and conditions of employment, safety and hygiene, applicable to all personnel of the yard. The client ensures that all these obligations are met. 6. The client is always obliged to ensure access to the site and to take the necessary measures to ensure that the contractor (s) / contractor (s) can continue to work steadily and in the most optimal circumstances. 7. The client has the right to make changes to the project in the course of the execution of the project, but without prejudice to the obligation to pay the contractor for the performances and costs incurred up to that time. If the change in the planning and / or the extension of the implementation period necessitates additional performances and costs on the part of the contractor, the client is obliged to reimburse these performances and costs, possibly at an hourly rate of € 75 excluding VAT. 8. The acceptance by the client of the works of the contractors also implies acceptance of the services of the contractor. §4 - Sale of goods 1. An agreement is concluded between the seller and the buyer by signing the quotation by the buyer and / or by sending an order confirmation by the seller to the buyer. Upon entering into force of the agreement, the buyer declares to have taken note of the present terms and conditions and to accept them2. The seller reserves the right not to accept the order or, if necessary, to dissolve the agreement without owing any compensation to the buyer, but subject to reimbursement of any sums paid. In particular if problems have arisen in the past with the person placing the order or his family members in the case of natural persons, as well as if problems have arisen in the past at the specified delivery address or in the case of outstanding invoices. 3. The price due is that stated in the quotation or in the purchase order / order confirmation or in the invoice. The seller cannot be held liable for (typing) errors that occur in his offers of which the buyer could reasonably assume that these are (typing) errors. Between the time of the quotation and the time of delivery, the seller reserves the right to change the price due, for example on the basis of price changes affecting the shipping costs, exchange rate changes, changes in customs tariffs, duties and taxes or (typing) errors. . If at the request of the buyer changes are made to the delivery term and / or place and / or conditions, or if the buyer has provided incorrect information (for example: too limited size of doors, windows, staircase, ..., no permission to use the lift, the necessary requirements to use a hoist are not provided, necessary use of a furniture lift, other obstacles to delivery, ...), the seller is entitled to charge additional costs. 4. An advance on the sales price is requested for every order. 5. The goods are delivered as described in the invoice or in the purchase order / order confirmation or in the quotation. 6. The buyer must immediately inspect the delivered goods. Any complaints must be submitted to the seller by registered letter within 2 working days after delivery. Hidden defects must be reported within 2 months from the day of their discovery. The seller does not guarantee hidden defects that he was not aware of or should have been aware of. The seller is not liable for complaints related to delivered goods from third parties. 7. With regard to possible defects in the delivered goods, application is made of the law of September 1, 2004 on the protection of the consumer in the sale of consumer goods. 8. The goods are delivered within the period stated in the quotation or in the order form / order confirmation, taking into account the usual tolerance specific to the nature of the industry or trade. The stated delivery times are only indicative. In the event of delay, unless it cannot be attributed to the seller, the buyer has the right to unilaterally dissolve the agreement, after having given the seller notice of default, and insofar as the seller has not properly followed up on this notice of default within the 8 working days after receipt. However, this article does not apply in the event that the delivery date cannot be met due to normally unforeseeable circumstances independent of the will of the seller, and he, within 14 days after he became aware of the existence of these circumstances, and at the latest on the anticipated delivery date, notifies the buyer thereof. 9. If the final delivery date is postponed or postponed for more than one month at the buyer's unilateral request, the seller may demand an additional advance payment in order to be able to meet its financial obligations. Any storage costs will be passed on to the final settlement at a rate of 0.5% per month. 10. The seller reserves the right to make partial deliveries with adjusted invoices. Under no circumstances can the buyer invoke the waiting period for the balance of the delivery to postpone payment of the invoice for partial delivery. 11. Unless otherwise agreed in writing, delivery is made to the buyer and the goods are transported at the expense and risk of the buyer. Delivered goods remain the property of the seller until full payment of principal, costs and interest. The acquirer bears the risks in concluding the agreement. 12. Within 2 working days from the day following that of the signature of the offer, the consumer has the right to cancel his purchase at no cost, on condition that he informs the seller thereof by registered letter at the delivery address. height. Any clause whereby the consumer would waive this right is null and void. Regarding compliance with the deadline, it is sufficient that the notification is sent before the expiry of this deadline. There is no reflection period for sales outside the company. This includes: sales during fairs or exhibitions, during an excursion organized by the seller, as well as by post, by telephone or other forms of distance selling. This reflection period also does not apply if the buyer has requested the seller's visit to his home or at the agreed delivery location. There is also no reflection period if the sale takes place in the seller's showroom. 13. In case of cancellation, the seller is entitled to keep the requested advances and the buyer owes a fixed compensation of 50% of the total value of the order, possibly increased by the shipping costs, transport costs and other costs caused by the order. A higher compensation can be demanded in the event that the damage for the seller, on the basis of supporting documents, is more extensive. The buyer owes the total amount of the order for the delivery of products / services that have been manufactured or ordered according to the specifications of the consumer or that have a clearly personal character or that cannot be returned due to their nature or that can quickly spoil or age. . In case of cancellation or termination of the agreement, the working hours already performed will be invoiced with a minimum of 50% of the amount stated in the invoice, in the purchase order / order confirmation or in the quotation. Any additional cancellation costs from third parties or administrative costs are fully at the expense of the buyer. 14. The products are shipped to or delivered to the shipping address specified in the order (home address or other address). The buyer must ensure that the goods can be delivered and installed in a normal manner at the agreed place and time, and thus, among other things, ensure that the place of delivery is accessible. If this is not met, the buyer is obliged to compensate the seller for all damage, including waiting hours, storage costs and costs for the preservation of the item. If the buyer wrongly refuses the goods on delivery, the seller is entitled to sell the goods to a third party, without prejudice to any compensation. §5 - Payments1. All goods and services are payable in cash unless stated otherwise in the invoice, in the contract, in the purchase order / order confirmation or in the quotation. If the buyer pays by bank transfer, he must provide proof of payment. 2. Payments must be made to IBAN BE95 6528 3583 6958 - BIC: HBKA BE 22. 3. In the event of full or partial non-payment of the price to be paid on the due date, the total price to be paid will be increased by operation of law and without notice of default. 12% interest per year with the minimum legal interest and a damage clause of 15% with a minimum of 75 €, all this without prejudice to the above-mentioned interest. Any non-payment entails the immediate claimability of any other outstanding invoices and gives the seller the right, after notice of default, either to suspend any future deliveries / current services, or to dissolve the agreement, without prejudice to the right to compensation. 4. In the event of non-payment on the due date, or in case the client / buyer does not fulfill his contractual obligations, the contractor / seller reserves the right, after notice of default, to either suspend his obligations or the agreement without judicial intervention. to dissolve, without prejudice to the right to compensation, if no or no useful action is taken on the notice of default within 8 working days. §6 - Images and copyrights 1. The contractor may take photos or films of the building before, during and after the execution of works, in order to show them to potential customers, but with respect for the client's right to privacy. The client gives the contractor permission to use all the visual material on the websites of the contractor and on all other initiatives, such as trade fair participation, social media, ... 2. In any case, the contractor retains the copyright and more specifically the artistic right of ownership of all designs, sketches, etc. made by him, under no circumstances may these be reproduced in any way without the consent of the contractor. The same goes for the final realized design. §7 - General provisions 1. Joint and several liability. The clients explicitly declare that they are jointly and severally bound to the contractor, so that they are each obliged in their entirety to comply with all obligations arising from this agreement. 2. The parties acknowledge that the nullity of one of the clauses in the agreement does not entail the nullity of the entire agreement. In this case, the parties undertake to replace the invalid clause with a legally valid clause that is as close as possible to the original intention of the parties. 3. All our agreements are governed by Belgian law. In the event of disputes, only the courts of the contractor's registered office are competent.