General terms and conditions

These general terms and conditions apply to all our quotations and contracts. If an article applies only to consumers or only to business clients, the article says so.

This is the English version. If this translation differs from the Dutch text, the interpretation most favourable to consumers applies to them; for business clients the Dutch text is binding (article 21.2). ‘BW’ refers to the Dutch Civil Code (Burgerlijk Wetboek).

Article 1 — Definitions

1.1 Contractor: HE MULTI Klussenbedrijf, trading as MULTI Klussenbedrijf, registered with the Netherlands Chamber of Commerce (KvK) under number 87674629, VAT number NL004865582B97, established in Amsterdam (hereinafter: ‘we’). Our business address is stated on the invoice. You can reach us at info@multiklussenbedrijf.nl and 06 87 16 84 94.

1.2 Client: the natural person or legal entity that gives us an assignment (hereinafter: ‘you’).

1.3 Consumer: a client who is a natural person and is not acting for the purposes of their trade, business or profession.

1.4 Business client: any client who is not a consumer, such as a company, an owners’ association (VvE) or another organisation.

1.5 Work: the work described in the quotation, together with the additional work agreed in writing.

1.6 In writing: by letter, e-mail, WhatsApp or text message, or via our online quotation or acceptance page.

1.7 Completion notice: our written message that the work is ready to be handed over.

Article 2 — Quotations and price indications

2.1 A price indication is not binding and cannot be accepted online. If, at your request, we carry out work on the basis of a price indication, the amount stated counts as an estimated price. That estimated price may not be exceeded by more than 10%, unless we warned you in good time that a larger overrun was likely, so that you could still limit or simplify the work (article 7:752(2) BW).

2.2 You can accept a final quotation within the period stated in it. If no period is stated, you can accept the quotation within 30 days of the quotation date. After that, the quotation lapses.

2.3 The quotation is based on the information you gave us and on what we could reasonably see during the inspection visit (see article 6).

2.4 If you are a consumer, we state the total price including VAT.

Article 3 — Conclusion and confirmation of the contract

3.1 The contract is concluded when you accept the final quotation: on our online acceptance page (by ticking the required boxes and pressing the button ‘Order with obligation to pay’), by e-mail, by WhatsApp message or by signing the quotation.

3.2 We confirm your acceptance straight away by e-mail, or via WhatsApp if you have no e-mail address. With it you receive the accepted quotation and these general terms and conditions as PDF files; if you are a consumer, also the information on the right of withdrawal and the model withdrawal form.

3.3 Additions and changes only apply if we have confirmed them in writing.

Article 4 — Performance, planning and cooperation

4.1 We carry out the work properly and soundly, as a good professional and in accordance with the quotation.

4.2 A start date or completion date is an expectation and not a fixed deadline, unless we have agreed a fixed date in writing. If a date is at risk of not being met, we will let you know as soon as possible, with a new date. You can then set us a reasonable deadline in writing.

4.3 If you are a consumer, we will not start before the end of the withdrawal period, unless you have expressly asked us to start earlier in the way described in article 16.2.

4.4 You make sure that we have timely access to the workplace and that the workplace is free of furniture, belongings and obstacles, unless we have agreed otherwise. You also provide water, electricity and a toilet free of charge.

4.5 If the work cannot start or continue on the agreed day for a reason on your side, we may charge the reasonable costs this causes, such as the costs of a wasted visit. We will tell you as soon as possible which costs are involved.

4.6 We give you in writing the drying, curing and use instructions that apply to the work (for example how long you may not shower after sealant work). Damage caused by not following those instructions is at your expense, to the extent that the damage was caused by it.

4.7 If you have others work on our work while we are carrying it out, please discuss this with us first.

Article 5 — Choices, instructions and warnings

5.1 If you choose materials, colours, tiles, grout colour, sanitary ware, dimensions, a laying pattern or a method of execution yourself, or give us an instruction, we record this in writing, where possible with brand, type, colour code and batch number. The work is assessed against that choice.

5.2 If we see a risk to the result in your choice, your instruction, materials supplied by you or the existing substrate, we warn you in writing and clearly, stating the possible consequences, before we carry out that part (article 7:754 BW).

5.3 If you stick to your choice or instruction after our warning, the consequences are at your expense (article 7:760 BW). This does not apply to consequences of mistakes in our own workmanship.

5.4 We may refuse to carry out an instruction that is contrary to laws, regulations or safety.

Article 6 — Existing situation and unforeseen circumstances

6.1 The quotation is based on the existing situation as it was reasonably visible during the inspection visit. What only becomes visible after removing tiles, floors, plasterwork or panelling (such as moisture, wood rot, cracks, loose layers, old pipes or an unsuitable substrate) is not included in the price.

6.2 If we come across something like this, we stop work on that part, notify you straight away in writing with photos and proceed in accordance with article 8.3.

Article 7 — Finish level, samples, test area and colour differences

7.1 The quotation states the finish level we deliver. For plasterwork we name the group from the TBA table card ‘Oppervlaktebeoordelingscriteria stukadoorswerk binnen’ (surface assessment criteria for interior plasterwork) and the purpose for which that group is suitable. For example: group 1 is intended for a matt finishing system, such as matt wall paint or vinyl wallpaper. If the quotation says nothing about the finish level, the level that is usual in the trade for that kind of work applies.

7.2 Plasterwork is assessed in accordance with TBA guideline 3.8: from a distance of at least one metre, in ordinary daylight or artificial light, and not in grazing light (light that skims across the surface). Other work is assessed according to the standards of the trade.

7.3 At your request we first make a sample or test area. For plasterwork in group 0 or group 1 we always make a test area first. If you approve a sample or test area in writing, it serves as the benchmark for the result. If a sample or test area you ask for costs extra, we agree this with you in advance as additional work (article 8).

7.4 Natural materials (such as natural stone and wood) and materials from different production batches can naturally differ in colour, pattern and texture. A colour on a screen, colour chart or small sample can also look different on a large surface. Such differences are not a defect as long as they stay within the standards of the manufacturer and the trade.

Article 8 — Additional work and reduced work

8.1 Additional work is work that is not in the quotation and that you want or that turns out to be necessary.

8.2 We only carry out additional work after we have told you in writing that it leads to a higher price, stating the price or the method of calculation and the consequences for the planning, and after you have agreed to it in writing (additional work order).

8.3 If during the work the existing situation turns out to be different (article 6), we will consult you. You then choose additional work, a simpler execution or dropping that part (articles 7:753 and 7:764 BW).

8.4 If immediate action is needed to prevent damage (for example in case of a leak), we only take the necessary measures, inform you straight away and charge the reasonable costs of doing so.

8.5 If at your request part of the work is dropped (reduced work), we settle this in accordance with article 17.1.

Article 9 — Payment

9.1 Unless the quotation states otherwise, you pay in three instalments: 30% at the start of the work, 40% at the interim moment stated in the quotation (if no interim moment is stated, as soon as half of the work has been carried out, measured by the price in the quotation) and 30% on handover (article 11). For work under € 1,000 we send one invoice after handover.

9.2 For materials we order specially for you, we may agree a separate advance payment in the quotation, up to the purchase price of those materials at most.

9.3 If you are a consumer and the contract was concluded away from our business premises (for example at your home), we will not ask for payment before the end of the withdrawal period, unless you have expressly asked us to start earlier (article 6:230t(5) BW).

9.4 You pay each invoice within 14 days of the invoice date; the due date is stated on the invoice.

9.5 If you, as a consumer, do not pay on time, you first receive a written reminder. It gives you 14 days, counting from the day after you receive the reminder, to pay without extra costs. If you still do not pay within that period, you owe the statutory interest (article 6:119 BW) from the due date, and collection costs in accordance with the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

9.6 If an instalment invoice has not been paid on the due date and you are not rightly withholding that amount (article 12.5), we may suspend the work until the payment has been received. We announce this in advance in writing, with a notice period of at least 5 working days. The delay this causes is not at our expense.

9.7 If you have a complaint about the work, article 12.5 applies.

Article 10 — Retention of title

10.1 Materials we have supplied but not yet installed in the work remain our property until you have paid everything you owe under the contract.

Article 11 — Handover

11.1 When the work is finished, we send you a completion notice. In it we invite you to inspect the work together with us, and we state one date: by that date at the latest you inspect the work with us, or tell us in writing which defects you see. That date is 14 days after the day of the completion notice, unless a shorter period has been agreed in the quotation with you as a business client. If you will be away for a longer time during that period, please let us know; we will then agree a later date. With the completion notice you receive the handover file: the information you need for the use and maintenance of the work, such as the materials and products used, photos of parts that have been covered up, maintenance and use advice and suppliers’ guarantee certificates.

11.2 At the inspection we draw up a handover report with photos together. It states what was inspected, which points still need to be put right (snag points), and whether you accept the work, accept it subject to the snag points, or refuse it, stating the defects. You receive a copy of the report.

11.3 Minor defects that do not stand in the way of normal use are no reason to refuse the handover. We record them as snag points and repair them as soon as possible, in principle within 30 days.

11.4 If you do not inspect the work with us by the date in the completion notice at the latest, and do not tell us in writing by that day which defects you see, the work is deemed to have been tacitly accepted and thereby handed over (article 7:758(1) BW).

11.5 After handover the work is at your risk (article 7:758(2) BW). We remain liable for defects that were not discovered at handover, unless those defects cannot be attributed to us (article 7:758(4) BW). Your rights in case of defects are set out in article 12.

Article 12 — Complaints and repair

12.1 If you discover a defect, report it to us in writing as soon as possible, by e-mail to info@multiklussenbedrijf.nl or via WhatsApp on 06 87 16 84 94, with photos and a short description of each point. A report within two months of discovering the defect is in any case on time.

12.2 We confirm your report within 5 working days and respond on the substance within 14 days, after a visit to you if necessary. We assess the work against the quotation, your recorded choices (article 5), the finish level (article 7) and the standards of the trade.

12.3 You give us the opportunity to assess and repair the defect within a reasonable period (article 7:759 BW). In principle we decide how we carry out the repair, provided that the repair is proper and sound.

12.4 If you have a defect repaired by someone else without first giving us a reasonable period in writing to repair it, the costs are at your expense, unless this could not be asked of you in the circumstances.

12.5 While a complaint is ongoing, you may not withhold more than an amount that is in proportion to the defect (article 6:262(2) BW). You pay the rest of the invoice on the due date.

12.6 A personal preference that differs from what was agreed or from what you chose yourself is not in itself a defect. If you want something other than what was agreed, we will gladly make you a proposal for additional work.

12.7 If we cannot resolve the matter together, we will tell you so in writing. We will state that we are not affiliated with a disputes committee (geschillencommissie) and do not take part in out-of-court dispute resolution. You can then submit the dispute to the court (article 20).

Article 13 — Guarantee

13.1 If we give a guarantee on (part of) the work, the duration and content of that guarantee are stated in the quotation. The guarantee period starts on the day of handover. If the quotation contains no guarantee, you have the rights the law gives you.

13.2 A guarantee comes on top of your statutory rights; those always remain.

13.3 A guarantee does not cover normal wear and tear, incorrect use, insufficient maintenance or ventilation, not following our written advice, work by others, or defects arising from materials supplied by you, your instructions or the existing substrate or structure, unless we should have warned you of that risk and did not do so.

13.4 If a manufacturer or supplier has given a guarantee on a material or product, we give you the guarantee certificates we have for it.

Article 14 — Liability

14.1 We are liable for damage resulting from a failure that can be attributed to us, as provided by law.

14.2 We are not liable for the consequences of materials supplied or prescribed by you, of your instructions or of defects in the existing substrate or structure, to the extent that we warned you about this in writing in advance or could not reasonably have known of the defect (articles 7:754 and 7:760 BW).

14.3 If you are a business client, the annex ‘Business clients’ also applies.

Article 15 — Force majeure

15.1 If force majeure temporarily prevents us from performing (for example extreme weather conditions, illness or late delivery by a supplier), our obligations are postponed. We will let you know straight away.

15.2 If the force majeure lasts longer than 30 days, you and we may each dissolve the contract in writing for the part not yet carried out, without compensation. You pay proportionally for the part already carried out.

Article 16 — Right of withdrawal (consumers)

16.1 If you are a consumer, you can withdraw from the contract within 14 days of its conclusion without giving any reason. How to withdraw is explained in the quotation, on the acceptance page and in the model withdrawal form. You can also use the button ‘Withdraw from contract here’ on the page of your quotation, or the form at https://multiklussenbedrijf.nl/en/herroepen.

16.2 We will not start before the end of the withdrawal period, unless you separately and expressly ask us to and, in doing so, acknowledge that you will lose your right of withdrawal once we have fully performed the contract. You give that declaration with the separate box on the acceptance page, or later with a separate request on the page of your quotation. These general terms and conditions cannot replace that declaration.

16.3 If you withdraw after such a request before the work has been fully performed, you pay an amount that is in proportion to what has already been performed at the time of your withdrawal, compared with full performance of the contract (article 6:230s(4) BW). Anything you have paid in excess of that amount, we refund within 14 days of receiving your withdrawal.

Article 17 — Termination by the client

17.1 You can terminate the contract in whole or in part at any time (article 7:764 BW). You then pay the price of the whole work, less the costs we save as a result of the termination. You receive the work already carried out and the materials already ordered for you.

17.2 Your right of withdrawal as a consumer (article 16) continues to exist alongside this.

Article 18 — Photos and documentation

18.1 Before, during and after the work we take photos of the work, especially of parts that will later be covered up, such as waterproofing and pipes. We photograph the work, not people. We use those photos to record the work, for the handover file and in case of complaints or disputes, and keep them for as long as needed for that purpose (see our privacy statement).

18.2 We only use photos of your home publicly (for example on our website or social media) if you give separate permission for this.

Article 19 — Consumers and business clients

19.1 The quotation states whether we treat you as a consumer or as a business client. If that is not correct, please let us know before you accept.

19.2 If you are a business client, the annex ‘Business clients’ also applies. Articles 9.5 and 16 then do not apply.

Article 20 — Applicable law and disputes

20.1 Dutch law applies to the contract.

20.2 We first try to resolve a complaint or dispute together with you (article 12).

20.3 If that does not work, the dispute can be submitted to the court that has jurisdiction under the law. For business clients, article Z3 of the annex also applies.

Article 21 — Version and language

21.1 The contract is governed by the version of these terms that applied at the time of your acceptance. The version number is stated next to the acceptance box and in the confirmation, and you receive that version as a PDF. All versions are available at https://multiklussenbedrijf.nl/en/algemene-voorwaarden/archief.

21.2 Besides Dutch, these terms are also available in English and Turkish. If a translation differs from the Dutch text, the interpretation most favourable to consumers applies to them; for business clients the Dutch text is binding.

Annex — Business clients

This annex applies only if you are a business client (article 1.4). If the annex differs from the articles above, the annex prevails.

Z1 Liability. Our liability is limited to the amount we charge for the work concerned, excluding VAT. We do not compensate indirect damage, such as business interruption loss and loss of profit. These limitations do not apply in case of intent or deliberate recklessness on our part or on the part of our managers. Nor do they apply to our liability for defects in a building work (bouwwerk) that were not discovered at handover (article 7:758(4) BW), unless the quotation expressly provides otherwise.

Z2 Payment. If you do not pay on time, you owe the statutory commercial interest (article 6:119a BW) from the due date, without any reminder. You then also owe collection costs, with a minimum of € 40 (article 6:96(4) BW).

Z3 Competent court. For a dispute about a claim of more than € 25,000, the District Court of Amsterdam (rechtbank Amsterdam) has jurisdiction. For a dispute about a lower amount, the court that has jurisdiction under the law applies.

Z4 Agreements in the quotation. A period for reporting visible defects, a shorter period for the inspection after the completion notice (article 11.1) and a limitation of our liability for defects not discovered at handover only apply if they are expressly stated in the quotation itself, under ‘Additional agreements for business clients’.