General terms and conditions

ARTICLE 1 DEFINITIONS

These general terms and conditions apply to all agreements entered into by:

Welna Woningservice, located at: Solitudolaan 76, 1096 DS Amsterdam, Chamber of Commerce: 3435.8339.

  • Conditions are understood to mean the general terms and conditions of Welna Woningservice.
  • The agreement means the agreement between the client and Welna Woningservice.
  • An assignment means the acceptance of a work.
  • By accepting the quotation from Welna Woningservice, the client accepts the terms and conditions of Welna Woningservice.
  • Deviations from these conditions are only valid if agreed in writing.
  • Welna Woningservice will not invoke these terms and conditions in contracts with consumers if these terms and conditions infringe or prejudice the consumer's statutory rights.

ARTICLE 2 APPLICABILITY OF THESE TERMS

  1. These terms and conditions apply to every offer and every agreement between Welna Woningservice and a client to which Welna Woningservice has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
  2. These terms and conditions also apply to all agreements with Welna Woningservice, for the execution of which third parties must be involved.

ARTICLE 3 QUOTATIONS

  1. All offers are without obligation, unless a term for acceptance is stated in the offer or if otherwise agreed in advance.
  2. The quotations made by Welna Woningservice are without obligation; they are valid for 14 days, unless otherwise indicated. Welna Woningservice is only bound by quotations if the acceptance thereof is confirmed in writing by the other party within 14 days.
  3. The prices in the quotations mentioned are exclusive of VAT, unless stated otherwise.

ARTICLE 4 CALL-OUT COSTS

  1. Welna Woningservice charges €25.00 for call-out charges within a radius of 25 km around the location in Amsterdam. Kilometers outside a radius of 25 kilometers are charged with €32.50 for call-out charges.
  2. Any parking costs will be borne by the client.

ARTICLE 5 EXECUTION OF THE AGREEMENT

  1. Welna Woningservice will execute the agreement to the best of its knowledge and ability.
  2. If and to the extent that proper performance of the agreement so requires, Welna Woningservice has the right to have certain work carried out by third parties.
  3. The client shall ensure that all data such as click notifications and approvals such as permits, exemptions and decisions, which Welna Woningservice indicates are necessary or which the client should reasonably understand are necessary for the performance of the agreement, are provided to Welna Woningservice in a timely manner.
  4. The client shall ensure that the site and/or space where the assignment is to be carried out has sufficient space for the supply, storage and/or removal of building materials, equipment and tools.
  5. The client is responsible for providing electricity and water for the execution of the assignment.
  6. The client is not entitled to compensation for the items referred to in paragraphs 3, 4 and 5 unless otherwise agreed when entering into the agreement.
  7. If the data required for the execution of the agreement or delivery of certain materials are not provided to Welna Woningservice in a timely manner, Welna Woningservice reserves the right to suspend the execution of the agreement and/or charge the client for the additional costs resulting from the delay at the usual rates.
  8. Welna Woningservice is not liable for damage of any nature whatsoever, because Welna Woningservice has assumed incorrect and/or incomplete information provided by the client, unless this incorrectness or incompleteness should have been apparent to the client.
  9. If it has been agreed that the agreement will be executed in phases, Welna Woningservice may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

ARTICLE 6 CONTRACT DURATION, PERFORMANCE PERIOD

  1. The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing.
  2. If a term has been agreed upon within the term of the agreement for the completion of certain activities, this is never a fatal term. If the execution term is exceeded, the client must therefore give Welna Woningservice written notice of default.

ARTICLE 7 AMENDMENT OF THE AGREEMENT

  1. If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be carried out, the parties will adjust the agreement in a timely manner and in mutual consultation.
  2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. Welna Woningservice will inform the client of this as soon as possible.
  3. If the change or addition to the agreement has financial and/or qualitative consequences, Welna Woningservice will inform the client about this in advance.
  4. If a fixed fee has been agreed, Welna Woningservice will indicate to what extent the change or addition to the agreement will result in an excess of this fee.

ARTICLE 8 CONFIDENTIAL INFORMATION AND PERSONAL DATA

  1. Welna Woningservice is obliged to keep all confidential information received from the client secret. This obligation also applies to third parties involved.
  2. Information is confidential if it has been designated as such by one of the parties.
  3. When Welna Woningservice acts as controller within the meaning of the GDPR, the following provisions apply:
    1. Welna Woningservice is responsible for the protection of personal data, the use of which by Welna Woningservice is necessary for the correct execution of the agreement.
    2. When Welna Woningservice processes personal data, this is done with the utmost propriety and care and in accordance with the GDPR.
    3. Welna Woningservice uses personal data only to the extent necessary to be of service to the client. Personal data will not be stored longer than is legally permitted or necessary for the execution of the agreement.
    4. Welna Woningservice takes technical and organizational measures to ensure an appropriate level of security with regard to personal data, taking into account the state of the art and the nature of the processing.
  4. If the data subject wishes to invoke one of the rights they have under the GDPR, this request can be submitted in writing to the Data Protection Officer via info@onzeklusjesman.nl. Welna Woningservice will process this request within the statutory time limits.
  5. Welna Woningservice only provides data of the client to third parties if this is necessary for the execution of the agreement or to comply with a legal obligation. If Welna Woningservice provides data of the client to third parties for other reasons, Welna Woningservice first asks the client for permission.

ARTICLE 9 INTELLECTUAL PROPERTY

  1. Without prejudice to the provisions of Article 7 of these terms and conditions, Welna Woningservice reserves the rights and powers to which it is entitled under the Copyright Act.
  2. All documents provided by Welna Woningservice, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced, made public or brought to the attention of third parties by the client without the prior permission of Welna Woningservice.
  3. Welna Woningservice also reserves the right to use the knowledge acquired through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

ARTICLE 10 ADVERTISING

  1. Unless otherwise agreed in advance in writing or unless otherwise provided in generally applicable plans, Welna Woningservice has the right to communicate freely about all elements that belong to its assignment with regard to the agreement. In addition to other media, Welna Woningservice may also use social media.
  2. The client undertakes to mention the name Welna Woningservice when mentioning any participating organisations in communications or publications.
  3. Parties will receive at least one copy or a communication with a link to the publication of all final publications.

ARTICLE 11 CANCELLATION OR TERMINATION

  1. In the event of cancellation of the agreement for reasons other than force majeure, the client will pay the following cancellation fees to Welna Woningservice:
    1. In case of cancellation less than or equal to 2 weeks before the start date of the assignment: the costs actually incurred by Welna Woningservice, with a minimum of 40% of the quotation;
    2. In case of cancellation less than or equal to 1 week before the start date of the assignment: 80% of the quotation;
    3. In case of cancellation 48 hours or less before the start date of the assignment: 100% of the quotation.
  2. For assignments with a term of more than one month, both parties can terminate the agreement in writing at any time. In that case, the parties must observe a notice period of at least 1 month.

ARTICLE 12 TERMINATION OF THE AGREEMENT

  1. Welna Woningservice's claims on the client are immediately due and payable in the following cases:
    1. circumstances that come to the attention of Welna Woningservice after the conclusion of the agreement give Welna Woningservice good reason to fear that the client will not meet his obligations;
    2. if Welna Woningservice has asked the client to provide security for compliance when concluding the agreement and this security is not provided or is insufficient.
    3. In the aforementioned cases, Welna Woningservice is authorized to suspend further execution of the agreement or to terminate the agreement, without prejudice to the right of Welna Woningservice to claim damages.

ARTICLE 13 DEFECTS, COMPLAINT PERIODS

  1. Complaints about the work performed must be reported in writing to Welna Woningservice by the client within 8 days of discovery, but no later than 14 days after delivery of the work in question.
  2. If a complaint is justified, Welna Woningservice will still perform the work as agreed, unless this has demonstrably become pointless for the client. The latter must be made known in writing by the client.
  3. If it is no longer possible or meaningful to provide the agreed service, Welna Woningservice will only be liable within the limits of Article 15.

ARTICLE 14 FEES

  1. For offers and agreements in which a fixed fee is offered or agreed, paragraphs 2, 5 and 6 of this article apply. If no fixed fee is agreed, paragraphs 3 to 6 of this article apply.
  2. Parties may agree on a fixed fee when concluding the agreement. The fixed fee is inclusive of VAT for private individuals and exclusive of VAT for business clients.
  3. If no fixed fee is agreed, the fee will be determined on the basis of actual hours spent. The fee is calculated according to the usual hourly rates of Welna Woningservice, applicable for the period in which the work is performed, unless a different hourly rate has been agreed.
  4. For orders with a term of more than one month, the costs due will be charged periodically.
  5. If Welna Woningservice agrees a fixed fee or hourly rate with the client, Welna Woningservice is nevertheless entitled to increase this fee or rate. Welna Woningservice may pass on price increases if Welna Woningservice can demonstrate that significant price changes have occurred between the time of the offer and delivery.

ARTICLE 15 PAYMENT

  1. Payment must be made within 14 days of the invoice date, in a manner specified by Welna Woningservice and in the currency in which the invoice was issued.
  2. After 14 days have elapsed after the invoice date, the client will be in default; from the moment of default, the client will owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest will apply.
  3. In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of Welna Woningservice and the obligations of the client towards Welna Woningservice will be immediately due and payable.
  4. Payments made by the client will always be used to settle, first, all interest and costs due, and secondly, the oldest outstanding invoices, even if the client states that the payment relates to a later invoice.

ARTICLE 16 COLLECTION COSTS

  1. If the client is in default or in breach of one or more of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the client. In any case, the client is obliged to:
    1. over the first € 3,000,- 15%
    2. over the excess up to € 6,000,- 10%
    3. over the excess up to € 15,000,- 8%
    4. over the excess up to € 60,000,- 5%
    5. about the multiple 3%
  2. If Welna Woningservice can demonstrate that it has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.

ARTICLE 17 LIABILITY

  1. If Welna Woningservice is liable, then that liability is limited as follows:
    1. The liability of Welna Woningservice, to the extent covered by its liability insurance, is limited to the amount paid out by the insurer.
    2. If the insurer does not pay out in any case or if the damage is not covered by the insurance, Welna Woningservice's liability is limited to the invoice value of the order, or at least that part of the order to which the liability relates.
    3. Notwithstanding the provisions of paragraph b of this article above, in the case of an assignment with a duration of more than six months, liability shall be further limited to the portion of the fee due over the last six months.
    4. Welna Woningservice is never liable for consequential damage.
    5. Welna Woningservice is never liable for damage caused by (temporary) non-(optimal) functioning of data communication on (parts of) the so-called world wide web (www).

ARTICLE 18 FORCE MAJEURE

  1. Force majeure means that there are circumstances that prevent Welna Woningservice from providing its services, or from providing them in a timely or proper manner, without Welna Woningservice being to blame. If there is force majeure, there is no attributable shortcoming by Welna Woningservice.
  2. Force majeure includes, for example: an accident with a vehicle of Welna Woningservice or a vehicle in which the handyman(s) of Welna Woningservice are transported, a disaster or an incident in which the resources and/or handyman(s) of Welna Woningservice urgently have to be deployed to another location, pandemics, technical failures, fire, theft, molestation, riot, strike, occupation, business disruption, war, severe weather that jeopardizes or interrupts the execution of the assignment, situations of actual inaccessibility of the assignment location, changes in regulations and failure to comply by a supplier of Welna Woningservice. Force majeure also includes: disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
  3. In the event of force majeure, Welna Woningservice may suspend the performance of the agreement or (partially) terminate the agreement without having to pay damages to the client.
  4. If Welna Woningservice has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already performed or executable separately and the client is obliged to pay this invoice as a separate contract. However, this does not apply if the part already performed or executable has no independent value.

ARTICLE 19 DISPUTE RESOLUTION

Should a dispute nevertheless arise, the client must turn to the competent court at the Amsterdam District Court. The possibility to start a dispute with the court expires after one year after the reason for the dispute arose.

ARTICLE 20 APPLICABLE LAW

Dutch law applies to all quotations, agreements and these general terms and conditions and actions resulting from them.