Article 1 – Definitions
a. In these Terms and Conditions, the following terms shall have the meanings set forth below:
• The Contractor: the seller/service provider of Choc Studio Interieur who enters into, or intends to enter into, an agreement with the Client.
• The Client: the purchaser or commissioning party, or any person or entity entering into, or intending to enter into, an agreement with the Contractor.
• Business Client: a Client acting in the course of a trade or profession.
• Consumer: a Client not acting in the course of a trade or profession.
• Delivery: the actual tender of the purchased goods and/or agreed goods and/or semi-finished products to the Client.
• Completion: making the agreed goods and/or works available in working order, as agreed.
b. Where agreed, the agreement, offer, supply, or performance may also include connection, installation, assembly, and placement. For purposes of these Terms:
• Connection: connecting all supply and discharge pipes and wiring to pre-existing and properly installed connection points.
• Installation: laying all supply and discharge pipes, wiring, and connection points required for proper assembly of the item.
• Assembly/Placement: putting together and fitting the item or its components.

Article 2 – Intellectual Property
a. The Contractor retains, where applicable, all intellectual property rights in designs, images, drawings, samples, swatches, and models, whether or not provided with a quotation. These items must be returned immediately upon the Contractor’s first request, without prejudice to any statutory remedies available to safeguard such rights.
b. The Client shall not remove or alter any indications of intellectual property rights on or in the goods or services delivered or made available by the Contractor.
c. The Client is prohibited from reproducing, publishing, exploiting, or exhibiting any materials of the Contractor protected by intellectual property rights, without the Contractor’s prior consent.

Article 3 – The Quotation
a. All quotations remain valid for thirty (30) days from the quotation date, unless stated otherwise. They are based on information, drawings, and measurements supplied by the Client, and, where applicable, on measurements taken by the Contractor. The Client must inform the Contractor of all facts and circumstances relevant to performance of the agreement that he knew or ought to have known. Floor surfaces are measured by their maximum length and width. Designs, drawings, measurements, weights, samples, and models supplied by the Contractor are as accurate as reasonably possible.
b. The quotation shall expressly set forth a full description of the goods to be delivered and the work to be performed, together with the total purchase price. The Contractor shall also draw the Client’s attention to his duty of care regarding the Contractor’s materials, tools, and goods located on site, without prejudice to the Client’s statutory liability.
The quotation shall specify the price of materials and the pricing method for the work to be performed: fixed price or on a time-and-materials basis.
1. Fixed price: the parties agree on a fixed amount for the work.
2. Time and materials: the Contractor specifies pricing factors (including hourly rates and unit prices of required materials).
At the Client’s request, the Contractor may provide a non-binding cost estimate by quoting an indicative price. The quotation shall also state the payment terms.
c. Work not included in the quotation is not part of the agreement and may result in additional charges.
d. The Client must allow the Contractor to carry out the work properly. If the Consumer has specific obligations in this respect, the Contractor shall expressly point these out in the quotation (e.g. ensuring that the building is watertight, that floors are free of debris, or that utility connections are in place in accordance with the Contractor’s drawings).
e. If the Client does not accept the quotation, the Contractor may charge for the costs of preparing it, provided that the Contractor informed the Consumer in writing or electronically of the existence and amount of such costs prior to or at the time of requesting the quotation. If such costs are charged and paid, any drawings attached to the quotation become the property of the Client, without prejudice to the Contractor’s intellectual property rights.

Article 4 – The Agreement
Retention of Title
a. The Contractor retains ownership of goods sold until the Client has fully paid the purchase price and any additional amounts due. Until full payment, the Client must handle the goods with care and may not transfer, pledge, encumber, or remove them from the premises where delivered, nor allow them to be removed.
b. If the Client is granted a moratorium on payments, declared bankrupt, or subjected to statutory debt rescheduling, the Contractor may terminate the agreement, in whole or in part, without notice of default or judicial intervention.
Security – Business Clients
c. In agreements with Business Clients, the Contractor may require adequate security for payment obligations before making delivery or continuing performance.
Damages – Business Clients
d. In agreements with Business Clients, the Contractor shall not be liable for any damages other than as expressly provided in these Terms, and in particular not for indirect or consequential damages, including third-party claims and loss of profits.
Call-Out Charges
e. The Contractor may charge call-out fees, provided this has been agreed at the time the agreement was concluded.

Article 5 – Delivery Time
a. Delivery time means the period agreed in the contract within which performance must be completed. Delivery time is binding unless an estimated delivery time has been agreed.
b. If the estimated delivery time is exceeded, the Contractor shall be granted an additional period equal to the original estimated delivery time to perform.
c. If the estimated or agreed delivery time is exceeded, the Contractor shall not be liable for consequential damages of any kind.

Article 6 – Rights and Obligations of the Contractor
a. The Contractor shall deliver the agreed goods and perform the agreed work properly and in accordance with the agreement.
b. In doing so, the Contractor shall observe all applicable statutory requirements in force at the time of delivery/performance.
c. Upon being informed by the Client, the Contractor shall provide information on the necessity of special equipment (e.g. crane or lift) to the extent reasonably expected given his expertise. The parties shall agree who bears the costs and risks of such equipment.
d. The Contractor undertakes to carry out the work regularly once started.
e. The Contractor shall ensure that the work is performed by qualified personnel.
f. The Contractor is entitled to an extension of time where performance is delayed due to circumstances at the Client’s risk.

Article 7 – Rights and Obligations of the Client
a. The Client must enable the Contractor to deliver the goods or perform the work.
b. The Client shall provide all necessary permits and data (e.g. location of utility lines) in due time.
c. The Client shall ensure the site is suitable for the work.
d. The Client bears the risk of damage caused by:
• inaccuracies in the work instructions;
• defects in the Client’s required designs or methods;
• defects in the (im)movable property to which the work relates;
• defects in materials or tools supplied by the Client.
e. The Client shall notify the Contractor of any special circumstances requiring special equipment. The parties shall agree who bears the cost and risk. If the Client fails to provide this information, the costs fall to the Client.
f. The Client shall ensure that work by third parties not part of the Contractor’s scope is performed in such a manner and time that the Contractor’s work is not delayed.
g. The Client shall ensure that no other work is performed in the same space that could cause damage.
h. The Client shall ensure that the delivery site is accessible and that everything reasonably possible is done to enable smooth delivery, and that the work area is available in good time.
i. If commencement or progress is delayed by the Client’s fault, the Client shall compensate the Contractor for resulting damages.
j. The Client is responsible for the Contractor’s goods, materials, and tools located on site until full payment has been made, preferably by means of insurance.
k. A Client who insists on certain work against the Contractor’s explicit advice shall be liable for any resulting damage.

Article 8 – Storage of Goods
a. If goods are not accepted on the agreed delivery date (other than for defective delivery), the Contractor shall attempt a second delivery within a reasonable period. If refused again, the Contractor may charge storage fees and any further demonstrable damages and reasonable costs.
b. If the second delivery is also refused, the Contractor may:
1. demand performance of the contract and charge storage fees, damages, and costs; or
2. store the goods for thirty (30) days at the Client’s expense; or
3. treat the agreement as cancelled under Article 11, in which case cancellation charges are increased by thirty (30) days’ storage costs.
c. If goods have been paid for, the Contractor shall store them for up to one (1) month, charging reasonable internal or external storage fees.
d. If goods are still not collected after three (3) months, the contract shall be deemed cancelled under Article 11, with reasonable storage costs payable. Before doing so, the Contractor shall notify the Client in writing or electronically.

Article 9 – Transport and Damage Upon Delivery
a. Unless otherwise agreed, the contract includes transport of the goods by the Contractor, who bears the risk of damage and loss.
b. Any damage noted upon delivery must be recorded on the delivery receipt. If immediate inspection is not possible, this must also be noted. Visible damage must be reported within two (2) working days.

Article 10 – Payment
Sale and Purchase
a. All sales agreements, including those that also comprise contracting work, are subject to the condition of net cash payment in accordance with the terms set forth in the quotation. “Cash payment” also includes transfer to the Contractor’s designated account at the time of delivery, or electronic payment methods accepted by banks.
b. For partial deliveries, the Contractor may demand payment for each installment, issuing a partial invoice.
Payment in Sale and Contracting Work
c. Invoices or partial invoices must be paid within fourteen (14) days of invoice date, unless otherwise agreed.
Late Payment
d. If the Client fails to pay on time, he is in default by operation of law. Nonetheless, the Contractor shall send a reminder granting the Consumer an additional fourteen (14) days to pay.
e. After this period, the Contractor may proceed with collection without further notice. Collection costs are borne by the Client.
f. After expiry of the reminder period, statutory interest accrues from the original due date until payment.
Suspension of Payment
g. In the event of complaints, the Client may withhold only that portion of the invoice reasonably related to the complaint. This does not release the Client from timely payment of the remainder.

Article 11 – Cancellation
If the Client cancels the agreement, he owes the agreed compensation equal to what would have been due under performance of the agreement, unless otherwise agreed at the time of contracting. This applies particularly where goods have already been ordered or produced, or where delivery or part thereof could already take place.

Article 12 – Additional Costs and Extra Work
Any costs incurred because the Client failed to enable performance or progress of the work shall be charged extra. Additional work not included in the contract but requested by the Client shall be charged on a fair basis.

Article 13 – Force Majeure
a. If performance is temporarily impossible due to a cause not attributable to either party, the other party is released from its obligations for that period.
b. If performance is permanently impossible due to such a cause, both parties shall make reasonable efforts to perform the agreement in whole or in part. If no agreement can be reached, either party may terminate the agreement, with reimbursement of reasonable costs incurred by the other.

Article 14 – Conformity and Warranty
a. Goods must possess the qualities the Client may reasonably expect under the agreement in normal use (conformity). This also applies to special use where agreed. If not, the Client is entitled to repair, replacement, and/or price reduction.
b. In addition to statutory obligations, the Contractor provides warranty against defects not caused by improper use, unless otherwise agreed. Unless otherwise stated in writing or electronically, the following applies:
• Up to 1 year from invoice date: full costs of repair or replacement, including freight and call-out charges, borne by the Contractor.
• From 1 to 2 years: 2/3 of such costs borne by the Contractor.
• From 2 to 3 years: 1/3 of such costs borne by the Contractor.
The right to replacement does not apply where repair is reasonable. Freight and call-out reimbursement is limited, after relocation abroad, to what it would have cost within the Netherlands.
c. The date of filing the complaint determines the applicable warranty tier.
d. Any more extensive warranty given by the manufacturer also applies to the Client.
e. Warranty applies only where goods or work are used as intended.
f. The Client must act as a diligent owner, properly maintaining and handling the goods.
g. Minor deviations in color, wear resistance, or structure within accepted technical standards or trade practice may limit or exclude warranty or compensation.

Article 15 – Liability
Without prejudice to statutory liability and contractual provisions, the Contractor is not liable for damage from causes he did not know or could not reasonably have known, including:
• shrinkage or hairline cracks from drying out after construction or renovation;
• discoloration, shrinkage, or cracks caused by heat sources such as sun, heating pipes, or fireplaces;
• extreme changes in humidity or temperature;
• defective or uneven subfloors not installed by the Contractor (any such issues shall be reported before work commences);
• insufficiently dry floors or walls, provided the Contractor tested moisture levels and found them adequate.

Article 16 – Complaints
Complaints must be submitted to the Contractor in detail, preferably in writing or electronically, within a reasonable period after discovery of the defect. In consumer sales of movable goods, notice within four (4) weeks is always timely. Failure to complain in time may result in loss of rights.

Article 17 – Governing Law
All agreements to which these Terms apply are governed by Dutch law.

Disclaimer
These General Terms and Conditions are drafted in accordance with Dutch law. They are intended for use by Choc Studio Interieur in the Netherlands. Certain provisions, in particular those concerning liability, cancellation, and warranty, may be subject to mandatory consumer protection rules and may not be enforceable outside the Netherlands or under foreign jurisdictions. In case of conflict, Dutch statutory law shall prevail.

Choc Studio Interieur – Bennebroek 2025