terms & conditions

Note that these Terms and Conditions are translated from the Dutch Terms & Conditions which can be found here. If there is any unclarity or misinterpretation in translation the Dutch version prevails.

Email: hello@inspireddesignliving.com
Website: https://inspireddesignliving.com/

Article 1 – Definitions

  1. Inspired Design Living: a brand name of True North Consulting, located in Amsterdam, Chamber of Commerce number 62960067.
  2. Customer: the party with whom Inspired Design Living has entered into an agreement.
  3. Parties: Inspired Design Living and Customer together.
  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 – Applicability

  1. These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Inspired Design Living.
  2. Inspired Design Living and the Customer can only deviate from these terms and conditions if agreed upon in writing.
  3. Inspired Design Living and the Customer expressly exclude the applicability of the Customer’s or others’ general terms and conditions.

Article 3 – Offers and Quotations

  1. Offers and quotations from Inspired Design Living are non-binding, unless expressly stated otherwise.
  2. An offer or quotation is valid for a maximum of 2 weeks, unless stated otherwise in the offer or quotation.
  3. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation lapses.
  4. Offers and quotations do not apply to subsequent orders, unless agreed upon in writing by Inspired Design Living and the Customer.

Article 4 – Acceptance

  1. Upon acceptance of a non-binding offer or quotation, Inspired Design Living may withdraw the offer or quotation within 3 days after receipt of the acceptance, without the Customer being entitled to any rights thereof.
  2. Oral acceptance by the Customer only binds Inspired Design Living after the Customer has confirmed it in writing or electronically.

Article 5 – Prices

  1. Inspired Design Living uses prices in euros and excluding VAT and any other additional costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Inspired Design Living may change the prices of its services and products on its website and in other communications at any time.
  3. The price for a service is determined by Inspired Design Living based on the actual hours spent or services offered.
  4. The price is calculated according to the standard hourly rates of Inspired Design Living, applicable for the period in which the work is performed, unless a different hourly rate is agreed upon.
  5. When Inspired Design Living and the Customer agree on a total amount for the service, this is always an estimate, unless otherwise agreed in writing.
  6. Inspired Design Living may deviate up to 10% from the estimate.
  7. Inspired Design Living must inform the Customer in a timely manner why a higher price is justified when the estimate is expected to exceed by more than 10%.
  8. The Customer may cancel the part of the order that exceeds the estimate (plus 10%), when the estimate is expected to exceed by more than 10%.
  9. Inspired Design Living may adjust its prices annually.
  10. Inspired Design Living will communicate price adjustments to the Customer prior to their implementation.
  11. The Customer may terminate the agreement with Inspired Design Living if they disagree with the price increase.

Article 6 – Payments and Payment Terms

  1. Inspired Design Living may require an advance payment of up to 50% of the agreed amount upon entering into the agreement.
  2. The Customer must pay post-delivery within 14 days.
  3. The payment terms set by Inspired Design Living are strict payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, they are automatically in default, without Inspired Design Living needing to send a reminder or notice of default to the Customer.
  4. Inspired Design Living may make a delivery dependent on immediate payment or may demand security for the total amount of the services or products.

Article 7 – Consequences of Late Payment

  1. If the Customer does not pay within the agreed period, Inspired Design Living may charge statutory interest of 8% per month for commercial transactions from the day the Customer is in default, with a part of a month counting as a whole month.
  2. When the Customer is in default, they must also pay extrajudicial collection costs and any damages to Inspired Design Living.
  3. The collection costs are calculated in accordance with the Decree on compensation for extrajudicial collection costs.
  4. If the Customer does not pay on time, Inspired Design Living may suspend its obligations until the Customer has paid.
  5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the Customer, Inspired Design Living’s claims against the Customer become immediately due and payable.
  6. If the Customer refuses to cooperate in the execution of the agreement by Inspired Design Living, they must still pay the agreed price.

Article 8 – Right of Suspension

  1. The Customer hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 9 – Retention Right

  1. Inspired Design Living may exercise its right of retention and, in that case, retain products of the Customer until the Customer has paid all outstanding invoices to Inspired Design Living, unless the Customer has provided sufficient security for those costs.
  2. The retention right also applies on the basis of previous agreements for which the Customer still owes money to Inspired Design Living.
  3. Inspired Design Living is not liable for any damage that the Customer incurs due to the use of its retention right.

Article 10 – Set-off

  1. The Customer waives their right to offset a debt to Inspired Design Living with a claim against Inspired Design Living.

Article 11 – Insurance

  1. The Customer must sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage, and theft:
    • delivered items necessary for the execution of the underlying agreement
    • items of Inspired Design Living present at the Customer’s premises
    • items delivered under retention of title
  2. Upon first request from Inspired Design Living, the Customer must provide the policies of these insurances for inspection.
  3. The Customer must take out a CAR insurance at their own expense, unless otherwise agreed.
  4. The Customer cannot claim compensation for damage that would otherwise be covered by this insurance, unless otherwise agreed.

Article 12 – Warranty

  1. When the Customer and Inspired Design Living have entered into an agreement with a service-oriented character, this only entails an obligation of effort for Inspired Design Living and thus no obligation of result.

Article 13 – Execution of the Agreement

  1. Inspired Design Living executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
  2. Inspired Design Living may have the agreed services performed in whole or in part by others.
  3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance by the Customer.
  4. The Customer must ensure that Inspired Design Living can start the execution of the agreement on time.
  5. If the Customer fails to ensure timely commencement by Inspired Design Living, any resulting additional costs will be borne by the Customer.

Article 14 – Provision of Information by the Customer

  1. The Customer must make all information, data, and documents that are relevant for the correct execution of the agreement available to Inspired Design Living in a timely manner and in the desired form and manner.
  2. The Customer is responsible for the accuracy and completeness of the information, data, and documents provided, even if they originate from third parties, unless the nature of the agreement dictates otherwise.
  3. Upon request, Inspired Design Living returns the relevant documents to the Customer.
  4. If the Customer does not, not timely, or not properly provide the information, data, or documents reasonably requested by Inspired Design Living, and the execution of the agreement is delayed as a result, any resulting additional costs and hours will be borne by the Customer.

Article 15 – Intellectual Property

  1. Inspired Design Living retains all intellectual property rights to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, and models, unless otherwise agreed.
  2. The Customer may not show, make available, or otherwise use the intellectual property rights in clause 1 to others without the prior written consent of Inspired Design Living.

Article 16 – Penalty Clause

  1. If the Customer violates the article on confidentiality or intellectual property, they must pay Inspired Design Living an immediately due and payable penalty for each violation.
  2. If the Customer is a consumer, the penalty in clause 1 is: €1,000.
  3. If the Customer is not a consumer, the penalty in clause 1 is: €5,000.
  4. In addition, the Customer must pay an amount of 5% of the applicable amount in clause 2 or 3 for each day the violation continues.
  5. The Customer must pay the penalty in clause 1 without the need for a notice of default or judicial proceedings. Nor does there need to be any damage.
    Inspired Design Living may also demand damages from the Customer in addition to the penalty in clause 1.

Article 17 – Indemnification

  1. The Customer indemnifies Inspired Design Living against all claims from others related to the products and/or services delivered by Inspired Design Living.

Article 18 – Complaints

  1. The Customer must examine a product delivered by Inspired Design Living or a service rendered as soon as possible for any defects.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must notify Inspired Design Living thereof within 1 month after discovering the defect.
  3. The Customer must provide a detailed description of the defect, so that Inspired Design Living can respond appropriately.
  4. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Inspired Design Living.
    If a complaint concerns ongoing work, the Customer cannot demand that Inspired Design Living perform other work than agreed upon.

Article 19 – Notice of Default

  1. The Customer must notify Inspired Design Living of any notice of default in writing.
  2. The Customer is responsible for ensuring that their notice of default reaches Inspired Design Living on time.

Article 20 – Liability of Customer

  1. When Inspired Design Living enters into an agreement with multiple Customers, each of them is jointly and severally liable for fulfilling the obligations under that agreement.

Article 21 – Liability of Inspired Design Living

  1. Inspired Design Living is only liable for damage suffered by the Customer if that damage is caused by intent or conscious recklessness.
  2. If Inspired Design Living is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
  3. Inspired Design Living is not liable for indirect damage, such as consequential damage, loss of profits, or damage to third parties.
  4. If Inspired Design Living is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy. If no insurance is taken out or no amount is paid out, liability is limited to the (portion of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website, or in a catalog are indicative only and cannot lead to any compensation, dissolution, or suspension.

Article 22 – Expiry Period

  1. Any right of the Customer to compensation from Inspired Design Living expires 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.

Article 23 – Termination

  1. The Customer may rescind the agreement if Inspired Design Living is in default with the performance of its obligations, unless this default does not justify termination due to its special nature or minor significance.
  2. If the performance of obligations by Inspired Design Living is still possible, termination can only take place after Inspired Design Living is in default.

Article 24 – Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, it applies that a failure of Inspired Design Living cannot be attributed to Inspired Design Living by the Customer when there is force majeure.
  2. If a force majeure situation arises preventing Inspired Design Living from fulfilling one or more obligations to the Customer, those obligations will be suspended until Inspired Design Living can fulfill them.
  3. From the moment a force majeure situation has lasted at least 30 calendar days, both the Customer and Inspired Design Living may rescind the agreement in writing in whole or in part.
  4. Inspired Design Living does not have to pay compensation to the Customer in a force majeure situation, even if Inspired Design Living benefits from it.
  5. The force majeure situation in clause 1 includes, among other things:
  • an emergency such as civil war or natural disaster
  • default or force majeure of suppliers, delivery services, or others
  • power, electricity, internet, computer, or telecom failures
  • computer viruses
  • strikes
  • government measures
  • transport problems
  • adverse weather conditions
  • work stoppages

Article 25 – Amendment of Agreement

  1. If it is necessary to amend a closed agreement for its execution, the Customer and Inspired Design Living may adjust the agreement.

Article 26 – Amendment of General Terms and Conditions

  1. Inspired Design Living may amend these general terms and conditions.
  2. Minor changes may always be made by Inspired Design Living.
  3. Major changes will be discussed with the Customer as much as possible beforehand.
  4. In the event of a major change to the general terms and conditions, a Customer may terminate the underlying agreement.

Article 27 – Transfer of Rights

  1. The Customer may not assign rights from an agreement with Inspired Design Living to others without the written consent of Inspired Design Living.
  2. This provision applies as a stipulation with proprietary effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 28 – Consequences of Nullity or Voidability

  1. If one or more provisions of these general terms and conditions are void or voidable, this does not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will be replaced by a provision that comes closest to what Inspired Design Living had in mind when drafting the conditions.

Article 29 – Applicable Law and Competent Court

  1. Dutch law applies to these general terms and conditions and to every underlying agreement between the Customer and Inspired Design Living.
  2. The court in the district of the registered office of Inspired Design Living has exclusive jurisdiction to hear any disputes between the Customer and Inspired Design Living, unless the law provides otherwise.

Drawn up on December 8, 2023.