General Conditions Hoog & Berg Vastgoed BV
Article 1 - Definitions
1. Hoog & Berg Vastgoed BV: Hoog & Berg Vastgoed BV, located in Barbara
Strozzilaan 201 Amsterdam, Chamber of Commerce number 87980886.
2. Customer: the person with whom Hoog & Berg Vastgoed BV has entered into an agreement
3. Parties Hoog & Berg Vastgoed BV and customer together
4. Consumer: a customer who is also an individual and who acts as a private person
Article 2 - Applicability
1. This condition applies to all quotations, work and agreements
and deliveries of services by or on behalf of Hoog & Berg Vastgoed BV
2. Hoog & Berg Vastgoed BV and the Customer can only deviate from these conditions
if this has been agreed in writing
3. Hoog & Berg Vastgoed BV and the Customer exclude the applicability of the general terms and conditions
condition of the customer or others.
Article 3 - Quotations
1. Quotations from Hoog & Berg Vastgoed BV are without obligation, unless expressly stated therein
stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless a different period is specified
offer or quotation.
3. If the customer does not accept an offer or quotation within the applicable period, it will expire
the offer or quotation.
Article 4 - Acceptance
1. Upon acceptance of a non-binding quotation or offer, Hoog & Berg
Vastgoed BV will still submit the quotation or offer within 3 days of receipt of the quotation
withdraw acceptance without the customer being able to derive any rights from this.
2. Verbal acceptance of the customer only binds Hoog & Berg Vastgoed BV
after the customer has confirmed this in writing.
Article 5 - Prices
1. Hoog & Berg Vastgoed BV uses prices in euros, including VAT and excluding others
costs such as administration costs, unless otherwise agreed in writing.
2. Hoog & Berg Vastgoed BV and the Customer agree on a service provision
total amount as target price, unless otherwise agreed in writing.
3. Hoog & Berg Vastgoed BV must inform the Customer in a timely manner why a higher price is given
is justified.
4. The customer may cancel the part of the order that exceeds the target price,
when the target price is more than 10% higher.
5. Hoog & Berg Vastgoed BV may adjust the prices annually.
6. Hoog & Berg Vastgoed BV will communicate price adjustments to the customer
prior to its entrance.
7. A consumer may cancel the agreement with Hoog & Berg Vastgoed BV
when he disagrees with the price increase.
Article 6 - Payments and payment term
1. Hoog & Berg Vastgoed BV may make a down payment up to
Require 50% of the agreed amount.
2. The customer must make a subsequent payment within 14 days after the invoice has been sent
have fulfilled.
3. The payment method used by Hoog & Berg Vastgoed BV is a strict payment term. That
means that if the customer does not pay the agreed amount no later than the last day
of the payment term, he is automatically in default and in default,
without Hoog & Berg Vastgoed BV having to send a reminder to the Customer or
need to declare default.
4. Hoog & Berg Vastgoed BV may make delivery dependent on immediate delivery
require payment or security for the total amount of the services.
Article 7 - Consequences of late payment
1. If the customer does not pay within the agreed period, Hoog & Berg Vastgoed may
BV the statutory interest of 2% per month for non-commercial transactions and the
legal interest of 8% per month for trade transactions will be charged from
the day that the customer is in default, where part of a month counts for a whole month
month is calculated.
2. If the Customer is in default, he must also pay extrajudicial collection costs
and pay any compensation to Hoog & Berg Vastgoed BV
3. The collection costs are calculated on the basis of the reimbursement decision
extrajudicial collection costs.
4. If the customer does not pay on time, Hoog & Berg Vastgoed BV may be responsible
suspend obligations until the Customer has paid.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of
the Customer, Hoog & Berg Vastgoed BV's claims on the Customer are immediate
due.
6. If the Customer refuses to cooperate with the execution of the agreement by Hoog
& Berg Vastgoed BV, then he still has to pay the agreed price.
Article 8 - Right of withdrawal
1. A consumer may request a service without it within 7 days after order confirmation
cancel the statement of reason.
2. The reflection period of 7 days in paragraph 1 starts:
- as soon as the consumer has concluded an agreement for the delivery of a service.
- As soon as the consumer has confirmed the order confirmation.
3. The consumer can use his cooling-off period by sending an email with this
subject to info@hoogenbergvastgoed.com
Article 9 - Execution of the agreement
1. Hoog & Berg Vastgoed BV will execute the agreement to the best of its knowledge and ability
follow the requirements of good workmanship.
2. Hoog & Berg Vastgoed BV may provide the agreed services in whole or in part
have it carried out by others
3. The execution of the agreement takes place in consultation and after written agreement
and payment of any advance payment by the Customer
4. The Customer must ensure that Hoog & Berg Vastgoed BV can deliver on time
start implementing the agreement. Hoog & Berg Vastgoed BV can
only carry out if Customer provides information. It is possible without providing information
Hoog & Berg Vastgoed BV do not carry out the assignment.
Article 10 - Information provided by the Customer
1. The Customer provides all information, data and documents that are relevant to the
correction of the execution of the agreement on time and in the desired form and in the desired manner
available to Hoog & Berg Vastgoed BV
2. The customer guarantees the accuracy and completeness of the information provided
information, data and documents, even if they originate from third parties
unless the nature of the agreement dictates otherwise
3. When and insofar as the Customer requests this, Hoog & Berg Vastgoed BV will return
the relevant documents.
4. If the Customer does not provide the information required by Hoog & Berg Vastgoed BV, or does not do so in a timely manner or properly,
information, data or documents reasonably required is available and the
execution of the agreement is delayed as a result
responsibility lies with the Customer and Hoog & Berg Vastgoed BV is not liable
and not responsible for any delays incurred.
Article 11 - Intellectual property
1. Hoog & Berg Vastgoed BV retains all intellectual property rights to all
designs, drawings, writings, carriers with data or other information,
quotations, images, sketches, models and models, unless otherwise agreed
2. The Customer may not use the intellectual property rights in paragraph 1 without prior notice
written permission from Hoog & Berg Vastgoed BV to others, ter
make available or use in any other way
Article 12 - Confidentiality
1. The customer keeps all information, in whatever form, that he receives from Hoog & Berg
Vastgoed BV receives secretly.
2. The same applies to all other information regarding Hoog & Berg Vastgoed BV
which the Customer knows or can reasonably suspect to be secret or
is confidential, or which he can expect to be disseminated High &
Berg Vastgoed BV can cause damage.
3. The Customer takes all necessary measures to ensure that he receives the information
keeps paragraphs 1 and 2 confidential.
4. The confidentiality obligation described in this article does not apply to information:
- which was already public before the customer learned this information or which became public later
without this being the result of a violation of the
confidentiality obligation of the customer.
- which is made public by the customer on the basis of a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the period
underlying agreement and for a period of 3 years after its expiry
Article 13 - Penalty clause
1. When the customer violates the article on confidentiality or intellectual property,
then he must notify Hoog & Berg Vastgoed BV immediately for any violation
pay the due fine.
2. If the customer is a consumer, the fine in paragraph 1 is € 1,000
3. If the customer is not a consumer, the fine in paragraph 1 is €5,000
4. In addition, the customer must pay an amount of 5% of an applicable amount in paragraph 2 or 3
pay for each day that violation continues.
5. The Customer must pay the fine in paragraph 1 without notice of default or
legal proceedings are necessary. There also does not have to be any damage.
6. Hoog & Berg Vastgoed BV may also claim damages in addition to the fine in paragraph 1
requirements of the Customer.
Article 14 - Complaints
1. Customers must receive a service provided by Hoog & Berg Vastgoed BV as quickly as possible
possibly investigate any shortcomings.
2. If a service provided does not meet what the Customer could reasonably expect
expect, the Customer must inform Hoog & Berg Vastgoed BV of this
within 1 month after identifying the shortcomings
3. A consumer must within 1 month after discovering shortcomings
Inform Hoog & Berg Vastgoed BV of this.
4. The customer provides as detailed a description as possible of the
shortcoming, so that Hoog & Berg Vastgoed BV can respond appropriately
5. The Customer must demonstrate that the complaint relates to an agreement between
the Customer and Hoog & Berg Vastgoed BV
6. If a complaint concerns ongoing work, the Customer cannot claim
that Hoog & Berg Vastgoed BV will perform other activities than is currently the case
agreed to meet.
Article 15 - Notice of default
1. The Customer must notify Hoog &
Berg Vastgoed BV
2. The Customer is responsible for ensuring that Hoog & Berg Vastgoed
BV actually reached on time.
Article 16 - Liability Hoog & Berg Vastgoed BV
1. Hoog & Berg Vastgoed BV is only liable for damage suffered by the customer
when the damage is caused by intent or deliberate recklessness
2. If Hoog & Berg Vastgoed BV is liable for damage, then:
direct damage related to the execution of an underlying
agreement
3. Hoog & Berg Vastgoed BV is not liable for indirect damage, such as:
consequential damage, lost profits or damage to third parties
4. If Hoog & Berg Vastgoed BV is liable, this liability is
limited to the amount covered by a (professional) liability insurance policy
is paid out. No insurance has been taken out or no amount of damage has been incurred
paid, then liability is limited to (part of)
invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a
catalog is only indicative and cannot lead to any compensation, dissolution or
suspension.
6. If the Customer does not provide the information required by Hoog & Berg Vastgoed BV, or does not do so in a timely manner or properly,
information, data or documents reasonably required is available and the
execution of the agreement is delayed as a result
responsibility lies with the Customer and Hoog & Berg Vastgoed BV is not liable
and not responsible for any delays incurred and their consequences.
Article 17 - Dissolution
1. The Customer may cancel the agreement Hoog & Berg Vastgoed BV
attributable in the fulfillment of its obligations, unless these shortcomings are the
does not justify dissolution due to its special nature or minor significance
2. If the fulfillment of the obligation by Hoog & Berg Vastgoed BV is still possible, then
dissolution can only take place after Hoog & Berg Vastgoed BV is in default.
3. Hoog & Berg Vastgoed BV may cancel the agreement with the customer,
when the Customer does not fulfill his obligations under the agreement in full or on time
complies, or when Hoog & Berg Vastgoed BV has become aware of
circumstances that give him good grounds to assume that the Customer is
will not fulfill obligations.
Article 18 - Force majeure
1. In addition to Article 6:75 of the Dutch Civil Code, this constitutes a shortcoming on the part of Hoog & Berg
Vastgoed BV cannot be transferred to Hoog & Berg Vastgoed BV by the customer
attributed when there is force majeure.
2. The force majeure situation in paragraph 1 also includes:
- a state of emergency such as a civil war
- non-performance or force majeure of suppliers or others.
- Power, electricity, internet, computer or telecom deposit
- Computer viruses
- Strikes
- Government measures
- Work stoppage
3. When a force majeure situation occurs as a result of which Hoog & Berg Vastgoed BV 1
or more obligations to the Customer, then those obligations become
suspended until Hoog & Berg Vastgoed BV can comply
4. From the moment that a force majeure situation has lasted at least 30 calendar days,
Both the customer and Hoog & Berg Vastgoed BV may agree to the agreement in writing
undo in whole or in part.
5. Hoog & Berg Vastgoed BV does not have to pay any compensation in a force majeure situation
customer to pay.
Article 19 - Changes to agreement or order confirmation
1. When it is necessary for its execution to terminate a concluded agreement
change, the Customer Hoog & Berg Vastgoed BV can adjust the agreement.
Article 20 - Transfer of rights
1. The Customer cannot assume any rights under an agreement with Hoog & Berg Vastgoed BV
transfer to others without written permission from Hoog & Berg Vastgoed
Ltd
2. This provision applies as a clause with property law effect as in Article
3:83 paragraph 2 BW
Article 21 - Applicable law and competent court
1. These general terms and conditions and any underlying agreement between the
Customer and Hoog & Berg Vastgoed BV are subject to Dutch law
2. The judge in the district where Hoog & Berg Vastgoed is located
BV has exclusive jurisdiction to hear any disputes between the
Customer and Hoog & Berg Vastgoed BV, unless the law provides otherwise.
