General Terms and Conditions
GENERAL TERMS AND CONDITIONS AMARANTHE DESIGN
For assignments carried out by the sole proprietorship Amaranthe Design, established in Delft, registered with the Chamber of Commerce under number 88067653, the General Terms and Conditions set out below apply. These terms and conditions govern the relationship between the Client and Amaranthe Design.
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Article 1 General
These terms and conditions apply to every offer, quotation, agreement, invoice, and any other work performed between Amaranthe Design, hereinafter referred to as the "Contractor," and a Client to whom the Contractor has declared these conditions applicable, unless explicitly and in writing agreed otherwise by the parties.
These terms and conditions also apply to actions performed by third parties engaged by the Contractor in the context of an assignment.
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The applicability of any other terms and conditions of the Client is expressly rejected.
If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the remaining provisions of these terms and conditions will remain fully applicable. In such a case, the Contractor and the Client will consult to agree on new provisions to replace the null and void or annulled provisions, taking into account the purpose and intent of the original provisions as much as possible.
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If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation should be made in the spirit of these provisions.
If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
If the Contractor does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof are not applicable or that the Contractor in any way loses the right to demand strict compliance with these terms and conditions in other cases.
The Contractor has the right to amend these general terms and conditions and the content of its website. The terms and conditions applicable at the time of concluding an agreement remain valid for that specific agreement.
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Article 2 Quotations and Agreements
All quotations from the Contractor are non-binding unless a period for acceptance is stated in the quotation. If no acceptance period is stated, the offer is always valid for 14 days.
The Contractor is not bound by its quotations if the Client can reasonably understand that the quotation or any part thereof contains an obvious mistake or error.
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The prices stated in a quotation include VAT unless otherwise indicated.
If the acceptance deviates from the offer included in the quotation, the Contractor is not bound by it. The agreement is not concluded based on this deviating acceptance unless the Contractor states otherwise.
A combined price quote does not oblige the Contractor to perform part of the assignment for a proportionate part of the quoted price.
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The assignment is established by written confirmation from both the Client and the Contractor.
Verbal agreements and arrangements are only binding after they have been confirmed in writing by the Contractor.
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Quotations and price estimates issued by the Contractor are not valid for future assignments.
The Contractor has the right to refuse a potential assignment at any time without stating reasons.
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Article 3 Execution and Amendment of the Agreement
By entering into the agreement, the Contractor commits to an obligation of effort and will execute the assignment to the best of its ability, knowledge, and expertise. This means that the Contractor will strive to achieve a usable result for the Client that aligns as closely as possible with the Client’s expressed wishes. However, the Contractor cannot guarantee that the result will fully meet the Client’s expectations. No obligation of result is agreed upon.
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The execution period specified by the Contractor is only an estimate and cannot be considered a strict deadline. The period starts once the Contractor has received all necessary information from the Client.
If third parties engaged by the Contractor perform work at the Client’s location or a location designated by the Client, the Client must provide, free of charge, the facilities reasonably required by these individuals.
The Client is responsible for providing the Contractor with all necessary materials and information required for proper execution of the assignment. If the Contractor must perform additional work due to the Client’s failure to provide the necessary materials/information, the Contractor will charge these additional activities separately.
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Without being in default, the Contractor may refuse a request to amend the agreement if this could impact the quality and/or quantity of the work to be performed or the items to be delivered.
Drawings made by the Contractor are non-binding. The Contractor is not an architect or structural engineer. The Client must verify the measurements before executing (spatial) work.
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Article 4 Suspension, Termination, and Interim Cancellation of the Agreement
The Contractor is entitled to terminate the agreement if the Client does not fulfill, does not fully fulfill, or does not fulfill its obligations on time.
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If the Contractor proceeds with suspension or termination, it is not liable for any resulting damage or costs in any way.
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If the termination is attributable to the Client, the Contractor is entitled to compensation for damages, including costs incurred directly and indirectly.
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If the Client cancels the assignment before the Contractor has started execution, the Client forfeits 30% of the invoice amount due to the time spent on preparation.
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If the Client wishes to suspend the assignment, they must notify the Contractor in writing, stating the reason for the suspension. The Contractor and the Client will discuss the consequences. If the Contractor suffers damages, the Client is obligated to compensate for them.
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If the Client terminates the assignment early, the work performed and costs incurred by the Contractor will be charged.
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Article 5 Force Majeure
If the Contractor is unable to execute the assignment due to force majeure or must suspend the assignment, the Contractor will notify the Client as soon as possible. The parties will then seek a suitable solution together.
Force majeure includes all external causes, whether foreseen or unforeseen, beyond the Contractor’s control that prevent the Contractor from fulfilling its obligations.
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Article 6 Payment
Payment must be made within 14 days of the invoice date in the currency stated on the invoice unless otherwise agreed in writing by the Contractor.
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The Contractor requires a deposit of 10% of the invoice amount, unless agreed otherwise. This deposit must be received before the assignment begins.
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If the Client fails to pay an invoice on time, they are legally in default and owe statutory interest from the moment they are in default until full payment is made.
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Article 7 Ownership and Copyright
The Contractor retains the right to publish and reproduce its designs, drawings, sketches, photos, and videos.
Documents created by the Contractor within the scope of the assignment become the property of the Client once the Client has met their financial obligations.
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The Contractor retains the right to oppose publication of the work without credit and to oppose modifications to the work.
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Article 8 Complaints
Complaints directly related to services performed by the Contractor must be reported in writing within 14 days of completion. The Contractor will strive to reach a suitable resolution if the complaint is justified.
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Article 9 Liability
The Contractor is not liable for damages resulting from incorrect or incomplete information provided by the Client.
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If parts of the assignment are performed by third parties, the Contractor is not liable for those parts or for the actions of these third parties.
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The Contractor is not liable for indirect damages, including consequential and business damages.
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Article 10 Personal Data
Client’s personal data is stored in the Contractor’s client system for order processing. See the Privacy Policy for further details.