WoningInDubai, based in DUBAI, Chamber of Commerce number 94459371, is referred to in these general terms and conditions as the service provider.
Client: the party with whom WoningInDubai has entered into an agreement.
Parties: WoningInDubai and the Client together.
Consumer: a Client who is also an individual and who acts in a private capacity.
These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of WoningInDubai.
WoningInDubai and the Client may only deviate from these terms and conditions if agreed upon in writing.
WoningInDubai and the Client expressly exclude the applicability of the general terms and conditions of the Client or of third parties.
Offers and quotations from WoningInDubai are non-binding, unless expressly stated otherwise therein.
An offer or quotation is valid for a maximum of one month, unless a different period is specified in the offer or quotation.
If the Client does not accept an offer or quotation within the applicable period, the offer or quotation lapses.
Offers and quotations do not apply to repeat orders, unless WoningInDubai and the Client agree otherwise in writing.
Upon acceptance of a non-binding quotation or offer, WoningInDubai may still withdraw the quotation or offer within 3 days of receiving the acceptance, without the Client being able to derive any rights therefrom.
Verbal acceptance by the Client shall only bind WoningInDubai once the Client has confirmed such acceptance in writing or electronically.
WoningInDubai quotes prices in euros, exclusive of VAT and any other costs such as administrative or shipping fees, unless agreed otherwise in writing.
WoningInDubai reserves the right to change the prices of its services and products on its website and in other communications at any time.
The price for services is determined by WoningInDubai based on the hours actually spent.
The price is calculated according to WoningInDubai’s standard hourly rates applicable during the period the work is performed, unless a different hourly rate has been agreed upon.
If WoningInDubai and the Client agree on a total amount for the services, this is always an indicative price, unless agreed otherwise in writing.
WoningInDubai may deviate from the indicative price by up to 10%.
WoningInDubai must inform the Client in a timely manner of the justification for a higher price if the final cost is expected to exceed the indicative price by more than 10%.
The Client may cancel the part of the assignment that exceeds the indicative price
WoningInDubai may adjust its prices annually.
WoningInDubai will notify the Client of price adjustments prior to their effective date.
The consumer may terminate the agreement with WoningInDubai if they do not agree with the price increase.
Upon entering into the agreement, WoningInDubai may require a down payment of up to 50% of the agreed amount.
The Client must settle any deferred payment within 14 days of delivery.
The payment deadlines applied by WoningInDubai are strict deadlines. This means that if the Client fails to pay the agreed amount by the final day of the payment period, they are automatically in default and in breach of contract, without WoningInDubai needing to send a payment reminder or a formal notice of default to the Client.
WoningInDubai may make delivery conditional upon immediate payment or require security for the total amount due for the services or products.
If the Client fails to pay within the agreed period, WoningInDubai may charge the statutory interest rate of 8% per month applicable to commercial transactions, calculated from the day the Client is in default, with any part of a month counting as a full month.
Furthermore, if the Client is in default, they must pay extrajudicial collection costs and any damages to WoningInDubai.
The collection costs are calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs.
If the Client fails to pay on time, WoningInDubai may suspend its obligations until the Client has made payment.
In the event of liquidation, bankruptcy, attachment, or suspension of payments on the part of the Client, WoningInDubai’s claims against the Client shall become immediately due and payable.
If the Client refuses to cooperate with the performance of the agreement by WoningInDubai, they are still required to pay the agreed price.
The Customer hereby waives the right to suspend performance of any obligation arising from this agreement.
The Client waives the right to set off a debt owed to WoningInDubai against a claim against WoningInDubai.
The Customer must adequately insure and keep insured the following items against, among other things, fire, explosion, water damage, and theft: • items supplied that are necessary for the performance of the underlying agreement • items belonging to WoningInDubai that are located at the Customer’s premises • items supplied subject to retention of title
The Customer shall make the insurance policies available for inspection upon WoningInDubai’s first request.
WoningInDubai shall perform the agreement to the best of its insight and ability and in accordance with the requirements of good workmanship.
WoningInDubai may have the agreed services performed, in whole or in part, by third parties.
Performance of the agreement shall take place in consultation and following written agreement and payment of any advance by the Client.
The Client must ensure that WoningInDubai can commence performance of the agreement on time.
If the Client fails to ensure that WoningInDubai can commence on time, any resulting additional costs shall be borne by the Client.
The Client shall make available to WoningInDubai, in a timely manner and in the desired form and manner, all information, data, and documents relevant to the proper performance of the agreement.
The Client warrants the accuracy and completeness of the information, data, and documents made available—including those originating from third parties—unless the nature of the agreement dictates otherwise.
If and to the extent requested by the Client, WoningInDubai shall return the relevant documents.
If the Client fails to make the information, data, or documents reasonably required by WoningInDubai available, or fails to do so in a timely or proper manner, and the performance of the agreement is delayed as a result, any resulting additional costs and hours shall be borne by the Client.
The agreement between WoningInDubai and the Client for a service is entered into for a period of 12 months, unless the nature of the agreement dictates otherwise or a different arrangement has been agreed upon in writing.
Upon expiry of the term referred to in paragraph 1, the agreement is automatically converted into an agreement of indefinite duration, unless the Client or WoningInDubai terminates the agreement subject to a notice period of 2 months. If the Client is a consumer, a notice period of 1 month applies.
The Customer may not terminate a fixed-term service agreement before the expiry of one year.
Upon expiry of the minimum term of one year, the Customer may terminate the agreement referred to in paragraph 1 subject to a notice period of two months.
Upon expiry of the minimum term of one year, a consumer may terminate the agreement referred to in paragraph 1 subject to a notice period of one month.
If the service agreement has been entered into for a period of less than one year, the agreement cannot be terminated prior to the end of the term.
The Client shall keep confidential any information, in whatever form, received from WoningInDubai.
The same applies to any other information concerning WoningInDubai that the Client knows or can reasonably suspect to be secret or confidential, or the disclosure of which could reasonably be expected to cause harm to WoningInDubai.
The Client shall take all necessary measures to ensure the confidentiality of the information referred to in paragraphs 1 and 2.
The confidentiality obligation described in this article does not apply to information:
that was already public before the Client became aware of it, or that subsequently became public without this being the result of a breach of the Client’s confidentiality obligation
that is disclosed by the Client pursuant to a statutory obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years following its termination.
If the Client violates the article regarding confidentiality or intellectual property, they must pay WoningInDubai an immediately payable fine for each violation.
If the Client is a consumer, the fine referred to in paragraph 1 amounts to €1,000.
If the Client is not a consumer, the fine referred to in paragraph 1 amounts to €5,000.
In addition, the Client must pay an amount equal to 5% of the applicable amount specified in paragraph 2 or 3 for each day the violation continues.
The Client must pay the fine referred to in paragraph 1 without the need for a notice of default or legal proceedings. Furthermore, the occurrence of actual damage is not a requirement.
In addition to the fine referred to in paragraph 1, WoningInDubai may also claim compensation for damages from the Client.
The Client indemnifies WoningInDubai against all claims by third parties relating to the products and/or services supplied by WoningInDubai.
The Client must inspect any product supplied or service rendered by WoningInDubai for any defects as soon as possible.
If a supplied product or rendered service does not meet what the Client could reasonably expect, the Client must notify WoningInDubai within one month of discovering the defect.
A consumer must notify WoningInDubai of the defect no later than two months after discovering it.
In doing so, the Client must provide a description of the defect that is as detailed as possible, so that WoningInDubai can respond appropriately.
The Client must demonstrate that the complaint relates to an agreement between the Client and WoningInDubai.
If a complaint concerns work in progress, the Client cannot demand that WoningInDubai perform work other than what was agreed upon.
The Client must notify WoningInDubai in writing of any notice of default.
The Client is responsible for ensuring that the notice of default actually reaches WoningInDubai on time.
When WoningInDubai enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the obligations under that agreement.
WoningInDubai is liable for damage suffered by the Client only if such damage is caused by willful misconduct or deliberate recklessness.
Where WoningInDubai is liable for damage, such liability applies only to direct damage related to the performance of an underlying agreement.
WoningInDubai is not liable for indirect damage, such as consequential loss, lost profits, or damage to third parties.
If WoningInDubai is held liable, such liability is limited to the amount paid out under a (professional) liability insurance policy. If no insurance policy is in place or no amount is paid out, liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photographs, colors, drawings, and descriptions on the website or in a catalog are indicative only and cannot give rise to any compensation, rescission, or suspension.
Any right of the Client to compensation from WoningInDubai lapses 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
The Client may rescind the agreement if WoningInDubai fails to fulfill its obligations due to a shortcoming attributable to it, unless the shortcoming does not justify rescission given its special nature or minor significance.
If fulfillment of the obligations by WoningInDubai is still possible, rescission may only take place after WoningInDubai is in default.
WoningInDubai may rescind the agreement with the Client if the Client fails to fulfill its obligations under the agreement fully or in a timely manner, or if WoningInDubai becomes aware of circumstances giving it valid grounds to believe that the Client will not fulfill its obligations.
In addition to Article 6:75 of the Dutch Civil Code, a failure on the part of WoningInDubai cannot be attributed to WoningInDubai by the Client in the event of force majeure.
Force majeure situations as referred to in paragraph 1 include, among other things:
a state of emergency such as a civil war or natural disaster
non-performance or force majeure on the part of suppliers, delivery services, or others
power, electricity, internet, computer, or telecommunications outages
computer viruses
strikes
government measures
transportation problems
adverse weather conditions
work stoppages
If a force majeure situation arises that prevents WoningInDubai from fulfilling one or more obligations to the Client, those obligations shall be suspended until WoningInDubai is able to fulfill them.
Once a force majeure situation has lasted for at least 30 calendar days, both the Client and WoningInDubai may terminate the agreement, in whole or in part, in writing.
In a force majeure situation, WoningInDubai is not required to pay any compensation to the Client, even if WoningInDubai derives a benefit from the situation.
If it is necessary to modify a concluded agreement in order to execute it, the Client and WoningInDubai may amend the agreement.
The Client shall not employ any personnel of the Service Provider (or of companies engaged by the Service Provider to perform this Agreement who are or have been involved in the performance of the Agreement). Nor shall the Client otherwise engage them, directly or indirectly, to perform work for it. This prohibition applies during the term of the Agreement and for a period of one year following its termination. There is one exception to this prohibition: the parties may make alternative arrangements through mutual business consultation. Such arrangements shall apply only insofar as they have been recorded in writing.
WoningInDubai is entitled to amend or supplement these general terms and conditions.
Amendments of a minor nature may be implemented at any time.
WoningInDubai will discuss major substantive amendments with the client in advance whenever possible.
The Client may not transfer any rights arising from an agreement with WoningInDubai to third parties without the written consent of WoningInDubai.
This provision constitutes a clause with proprietary effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
If one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
In such a case, any provision that is void or voidable shall be replaced by a provision that most closely approximates what WoningInDubai intended regarding that point when drafting the terms and conditions.
Dutch law applies to these general terms and conditions and to any underlying agreement between the Client and WoningInDubai.
The court in the district where WoningInDubai is established has exclusive jurisdiction to hear any disputes between the Client and WoningInDubai, unless the law provides otherwise.
Drawn up on 28-10-2024
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