General terms and conditions

General terms and conditions of sale

These general terms and conditions apply to all offers, documents, agreements and/or services, acts and goods advised or supplied by MRS BV, hereinafter referred to as STYLE AT HOME and/or between its Clients, hereinafter referred to as CUSTOMER.

The general terms and conditions also apply to the employees, network, management and parties appointed by STYLE AT HOME, hereinafter referred to as CLIENT.

These conditions are considered formally and expressly accepted by the CLIENT. Own conditions of the CLIENT or third parties are not applicable, even if they have not been expressly rejected by STYLE AT HOME. Any derogations expressly agreed in writing shall not confer any future rights on the CLIENT and shall not affect the other provisions of these general terms and conditions.

If a situation arises between the parties that is not regulated by these general terms and conditions, the situation should be assessed according to the spirit of these general terms and conditions.

The description goods includes goods intended for hire, being home furnishings, household effects(s), (art) objects, decorative items, accessories and household equipment.

Article 1 - Offers

All quotations, proposals, offers, catalogues, brochures, price lists and information of any kind from STYLE AT HOME are without obligation and do not bind STYLE AT HOME. An offer is only valid for a period of 14 calendar days, unless another period was explicitly foreseen. As long as the offer has not been accepted, it can be unilaterally changed or revoked by STYLE AT HOME.

Article 2 - Orders and acceptances

2.1. The signing for agreement of an offer or any other act emanating from the CUSTOMER whereby an offer is accepted without reservation binds the CUSTOMER definitively.

2.2. When payment of an advance is foreseen, STYLE AT HOME will only be bound to execute the order after full payment of the sum. Any execution deadlines will be suspended until after payment. Each advance received as a result of the order is definitively acquired by STYLE AT HOME.

2.3. Any modification of an order or an initial offer will relieve STYLE AT HOME of its obligation to meet the originally promised execution time and will give STYLE AT HOME the right to revise the price.

2.4. In the event of cancellation of an order or agreement, the part of the order executed and any part of the order in progress at the time of effective receipt of the cancellation shall be payable, with a minimum of 10 % of the order or approved quotation, with a minimum of 250,- (two hundred and fifty) euros.

Article 3 - Price and payments

3.1. All prices stated in the quotations, offers, proposals catalogues, brochures, price lists, information, agreements or other documents are exclusive of VAT, travelling and accommodation expenses, delivery and placement costs, shipping and administration costs, government levies or third-party costs unless stated otherwise.

3.2. The price mentioned in the quotations, proposals, offers and price lists only concern the remuneration for the services and goods of STYLE AT HOME and not the services of third parties, such as real estate brokers or agents, architects, (sub)contractors, execution or placement companies, maintenance teams, suppliers of materials, removal or delivery companies, etc. Any quotations, proposals, offers, price lists, services and goods of these third parties - even if attached to a quotation, proposal, offer or price lists of STYLE AT HOME - cannot bind STYLE AT HOME in any way.

3.3. A compound offer does not oblige STYLE AT HOME to perform the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

3.4. STYLE AT HOME has the right, without explanation, to demand immediate payment of the outstanding rental periods with costs and/or to immediately consider the present rental agreement as terminated and to repossess the leased movable property. This without judicial intervention and without prejudice to the right to claim compensation of costs, damages and interest from the CLIENT, without prejudice to all rights resulting from the Civil Code in the event of:

• the failure of the CUSTOMER to pay the rent on time; - when the CUSTOMER fails to strictly comply with one or more other provisions of this agreement;
• when CUSTOMER at any time refuses to provide identification or a changed address;
• when movable or immovable property of the CUSTOMER or part thereof, or the property hereby leased to the CUSTOMER or part thereof, is seized;
• when CUSTOMER requests suspension of payment;
• when CUSTOMER goes into bankruptcy or liquidation;
• in case of death of the CUSTOMER or placing under guardianship.

Article 4 - Execution of assignment - delivery of services & goods

4.1. STYLE AT HOME will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The CLIENT expressly accepts that the services and goods to be provided by STYLE AT HOME comprise an obligation of means and not an obligation of result.

4.2. STYLE AT HOME does not guarantee any result, in particular regarding the sale or rental of the property of the CLIENT or his client. If and to the extent required for the proper execution of the Agreement, STYLE AT HOME has the right to have certain activities performed by third parties.

4.3. The CUSTOMER shall timely provide all information and make timely decisions necessary for the proper execution of the agreement.

If data necessary for the execution of the agreement are not or not timely supplied to STYLE AT HOME, STYLE AT HOME will have the right to suspend the execution of the agreement and/or to charge the CLIENT for the extra costs resulting from the delay. STYLE AT HOME will not be liable for damages, of whatever nature, due to the fact that STYLE AT HOME has assumed incorrect and/or incomplete data provided by the CLIENT.

4.4. Indications of execution terms are always approximate and only bind STYLE AT HOME to the best of its ability without guaranteeing execution within the set term. A possible exceeding of the execution term by STYLE AT HOME - for whatever reason - cannot give rise to damages, withholding or cancellation of the agreement or assignment. As far as possible, STYLE AT HOME will inform the CLIENT in good time about the delay and the costs involved.

4.5. If the services of STYLE AT HOME consist solely of providing advice to the CLIENT regarding real estate styling, STYLE AT HOME is not responsible for the execution of the renovation, embellishment and alteration works advised by it. These remain the sole competence and responsibility of the CLIENT and his chosen architect, (sub)contractors or executors to whom the CLIENT gives an assignment to that effect. STYLE AT HOME can therefore in no way be considered or acquire the quality of architect, (sub)contractor or executor of the renovation, improvement or alteration works or any other works related to this advice, vis-à-vis the CLIENT or third parties. In any event, the CUSTOMER shall remain the sole principal and it shall be his sole responsibility to make all necessary arrangements (in particular with regard to the price and execution) with the architect, (sub)contractor or executors of the works.

4.6. The agreement between the CLIENT and STYLE AT HOME is entered into for a definite period of time, unless the nature of the agreement indicates otherwise or if the parties expressly agree otherwise.

4.7. Delivery takes place AF company STYLE AT HOME. The CLIENT is obliged to take delivery of the goods and services at the moment they are made available or offered to him. The risk of loss, theft and damage will pass to the CUSTOMER at the moment the goods and services are made available to him. If the CLIENT refuses to take delivery or is negligent in providing instructions or information important for a proper handling of the agreement, STYLE AT HOME will have the right to store the rented goods at and charge all resulting costs to the CLIENT.

4.8. On the day of delivery, the CLIENT will make the property accessible to STYLE AT HOME between 8h and 18h, cleaned and tidy. Upon STYLE AT HOME's arrival, the CLIENT will open the property for the execution of the assignment. At the end of the assignment, CLIENT closes the home. Should STYLE AT HOME be obliged to pick up/deliver the key of the accommodation elsewhere, STYLE AT HOME will charge the CLIENT a fixed fee of 65,- (sixty-five) euro/hour and 0,75 (seventy-five eurocents) euro per km driven from the STYLE AT HOME warehouses, with a minimum of 75,- (seventy-five) euro per incident.

4.9 The CLIENT shall provide a free loading and unloading area at the entrance to the premises. If STYLE AT HOME cannot/is not allowed to use the internal lift of the premises, the CLIENT shall provide, at his own expense, a removal lift with personnel and request, at his own expense, police signs for placement of the removal lift at the entrance of the premises. The CLIENT shall take all necessary precautions so that STYLE AT HOME's vehicles can be unloaded or loaded immediately on arrival.

4.10. If the goods cannot be delivered at the agreed time and/or the room in which the goods are placed is not cleaned or finished, STYLE AT HOME will charge a supplement of 650,- (six hundred and fifty) euro per incident and a new delivery time will be agreed. STYLE AT HOME will charge a waiting time of 65,- (sixty-five) euro/hour/person, 150% after 18h, 200% on Sundays and public holidays.

4.11. The CLIENT must honestly and completely indicate all factors which may affect the normal work or increase the degree of difficulty. The CLIENT is obliged to submit to STYLE AT HOME, prior to the execution of the assignment, a site plan and a floor plan showing the exact location of the property (e.g. in a residential project) and the layout of the rooms within the property, possibly a lighting plan. The CUSTOMER should point out whether or not there is easy access for the removal van and removal lift; whether the windows and doors are wide/high enough to bring the larger items in/out; whether there are public works being carried out that could interfere with the job; whether one has to go up or down verges; whether one has to cross earth roads, canals or other obstacles; whether the stairs are sufficiently wide; whether there is a lift and whether it may be used by STYLE AT HOME; whether the façades and/or balconies of the building can withstand the professional installation of ladder lifts; what the maximum floor load of both the premises from which the move is to be made and the premises where the goods are to be delivered is; without this list being exhaustive. All consequences of concealment, negligence or mistakes in this respect, by the CUSTOMER, shall be borne by the CUSTOMER.

4.12. The delivered goods may only be moved or handled by, or under the supervision of, STYLE AT HOME. The CLIENT is expressly prohibited from moving or handling goods delivered by STYLE AT HOME.

Article 5 - Payment

5.1. The amount of the invoices shall be payable on the invoice date to STYLE AT HOME, without the right for the CLIENT to apply a discount or discount, unless otherwise agreed. All payment charges shall be borne by the CLIENT. All invoices of STYLE AT HOME will be payable by the CLIENT before the effective execution of the assignment, i.e. : placement, shipment, moving or handling of goods, extension of the rental period, real estate styling advice, training, etc., unless STYLE AT HOME has expressly granted the CLIENT another term of payment in advance.

5.2. In the absence of full payment of an outstanding balance within the above-mentioned term, STYLE AT HOME will be entitled, as from the day following this term, ipso jure and without a formal notice being required, to a default interest fixed at 1% (one per cent) per month calculated on the principal sum and the full damages clause, with a minimum of EUR 50,- (fifty euro) excl. VAT per month, regardless of the collection costs which will always be borne by the CLIENT. In addition, in such a case, the CUSTOMER shall be liable for liquidated damages equal to 10% (ten per cent) calculated on the principal sum and the full compensation clause, with a minimum of 250,- EUR (two hundred and fifty euros) excluding VAT, irrespective of the collection costs always borne by the CUSTOMER. The negligence interest and liquidated damages shall be calculated on the full outstanding damage clause, consisting of - but not exclusively - the principal sum, court costs, bailiff costs, collection costs and accrued interest.

Payment of default interest and liquidated damages does not preclude STYLE AT HOME from asserting other claims.

5.3. In no way is the CLIENT allowed to take or use photographs of a performance by STYLE AT HOME without prior payment of the invoice.

5.4. In case the CUSTOMER has not paid one invoice on its due date, all other invoices - including those not yet due - shall become immediately payable.

5.5. Unless expressly permitted by STYLE AT HOME, no retention by the CLIENT by way of warranty is permitted.

5.6. Payments shall be offset against accrued interest, damages and the collection costs and only then against the outstanding (balances of the) invoice(s), whereby the longest outstanding amounts shall also be offset first and this irrespective of any comment(s) or entry(s) by the CUSTOMER.

5.7. Neither the filing of a complaint nor the return of an incorrect invoice shall suspend the payment obligation of the CUSTOMER.

5.8. On 13 November 2009, the Council of Ministers decided to put electronic invoicing on a par with paper for treatment by the VAT administration. To encourage its use, the administration will no longer stipulate the methods that companies must use to ensure the authenticity of their electronic invoices. This will allow enterprises to decide which is the most appropriate way to send, receive, process and archive invoices. The authenticity of origin and the integrity of the content of the invoices must, of course, remain guaranteed throughout the retention period.

This electronic invoicing is only possible with the agreement of the CLIENT. Without any notice to the contrary from the CLIENT, STYLE AT HOME will assume that the CLIENT tacitly agrees to this electronic transmission.

5.9. If the CLIENT does not agree with this method of electronic invoicing, STYLE AT HOME still offers its Clients the possibility of receiving paper invoices. However, STYLE AT HOME will charge an administrative processing fee of EUR 35,- (thirty-five) per paper invoice.

Article 6 - Complaints - limitation period

6.1. The conformity of the services, goods and/or work shall be examined by the CUSTOMER at the time of the (delivery).

6.2. Any complaint relating to the non-conforming services, goods or any visible defect must be communicated in writing to STYLE AT HOME within 7 days from the (up)delivery of the services and goods. After this period the services and goods will be deemed to be delivered well and in accordance with all standards.

6.3. In order to be admissible, complaints must be sent in writing and by registered mail within the time limits mentioned above. STYLE AT HOME has the right to investigate the complaint. The CLIENT will fully cooperate in this. If no cooperation is given, all rights of the CLIENT will lapse.

6.4. If a complaint is found to be unfounded, all costs arising from this, such as investigation, lawyer and court costs shall be borne by the CUSTOMER.

6.5. Notwithstanding the legal limitation periods, the limitation period of all claims, complaints and defences towards STYLE AT HOME is 1 year.

Article 7 - Force majeure

7.1. By force majeure is meant every circumstance independent of the will of STYLE AT HOME as a result of which the normal execution of the agreement can no longer be reasonably expected. Force majeure includes theft, flooding, fire, explosion, defective machinery, power cuts or strikes, whether or not at third parties and every circumstance due to which it is not possible for STYLE AT HOME to execute the agreement in a normal and timely manner in whole or in part, irrespective of whether or not these circumstances were foreseeable at the time of entering into the agreement or accepting the assignment.

7.2. During the period of force majeure, STYLE AT HOME may refrain from supplying the services and goods. Otherwise, the concluded Agreement will remain in force.

7.3. If the execution of the agreement has become permanently impossible due to force majeure or can no longer reasonably be required from STYLE AT HOME, STYLE AT HOME will be entitled to terminate the agreement with the CLIENT, without STYLE AT HOME being liable for any damages.

Article 8 - Liability and/or extraction compensation

8.1. If STYLE AT HOME is liable for any damage of the CLIENT due to a fault, the liability will be limited to a maximum of the cost of the delivered services and goods, limited to the part of the assignment to which the liability relates.

8.2. Should the responsibility of STYLE AT HOME be withheld as a result of the non-execution or poor execution of the agreement, the total compensation will not exceed 10% of the invoice amount limited to the part to which the execution relates.

8.3. STYLE AT HOME cannot be held responsible for attributable omissions, shortcomings, defaults or incorrect and/or incomplete data provision by the CLIENT which prevent, reduce, delay or render impossible the execution of the agreement or assignment.

8.4. STYLE AT HOME can never be held liable for indirect or unforeseeable damages.

8.5. Without prejudice to the foregoing, the liability and amount of damages paid by STYLE AT HOME may in no case go beyond and exceed the maximum amount for which STYLE AT HOME is insured.

8.6. Under no circumstances shall STYLE AT HOME bear any liability or responsibility as architect or contractor if works based on its advice or services are performed by an external party. The CLIENT remains the sole builder liable and ultimately responsible in this case.

8.7. If STYLE AT HOME is sued by a third party in compensation of damages which are directly or indirectly related to the delivery of services or goods, the CLIENT is obliged to fully indemnify STYLE AT HOME against any damages which STYLE AT HOME is required to pay to this third party on that account.

Article 9 - Suspension and dissolution

9.1. STYLE AT HOME is authorised to suspend the execution of its obligations if the CLIENT does not, does not completely or does not timely comply with the obligations under the agreement or assignment.

9.2. STYLE AT HOME is entitled, if the CLIENT - after a registered notice of default - fails to make payment for the services or goods delivered or otherwise fails to execute the contract or makes execution impossible, to either demand the forced execution of the contract or consider the contract as broken. In the latter case, the CLIENT shall be liable to STYLE AT HOME for damages for breach of contract in the amount of 10% of the contract price, with a minimum of 250,- (two hundred and fifty) euro and subject to the express reservation of the possibility of claiming higher damages.

Article 10 - Intellectual property rights

10.1. STYLE AT HOME reserves the rights to which it is entitled on the basis of the Copyright Act and other intellectual laws and regulations. STYLE AT HOME has the right to use the knowledge and property rights acquired during the execution of an agreement for other purposes or to transfer them to third parties, as long as no strictly confidential information of the CLIENT is disclosed in the process.

10.2. STYLE AT HOME has the right to refer to the services and goods supplied to the CLIENT in its communication to (potential) clients in the form of photographs, website, brochures, etc. The CLIENT can only refer to (the agreement with) STYLE AT HOME and the services and goods delivered by it, after the prior and written agreement of STYLE AT HOME.

Article 11 - Retention of title - insurance - right of recovery of goods

11.1. The borrowed goods remain the property of STYLE AT HOME at all times. The CLIENT is not entitled to bring the borrowed goods to an address other than the agreed address, nor to make these goods available to third parties or to sublet them. Failing this, STYLE AT HOME reserves the right to collect all the goods immediately and to terminate the agreement, resulting in damages. Under no circumstances can the CLIENT claim partial or complete execution of the Agreement, nor any (damages).

11.2. Under no circumstances may the borrowed goods be resold or used as a means of payment. The CUSTOMER is not authorised to pledge or in any other way encumber the goods subject to retention of title.

11.3. The CLIENT shall make every reasonable effort to secure the property rights of STYLE AT HOME.

11.4. If third parties seize the delivered items under retention of title or wish to exercise or assert rights to them, the CLIENT is obliged to inform STYLE AT HOME immediately.

11.5. Furthermore, the CLIENT undertakes to insure and keep insured the delivered items under retention of title against fire, explosion and water damage as well as against theft and to submit the policy of this insurance to STYLE AT HOME for inspection at the first request. In case of any insurance payment, STYLE AT HOME will be the first beneficiary of the insurance proceeds. As far as necessary, the CLIENT undertakes towards STYLE AT HOME to cooperate fully with everything that is necessary or desirable in this context.

11.6. In the event STYLE AT HOME wishes to exercise its property rights, the CLIENT will give unconditional and express permission to STYLE AT HOME and third parties to be appointed by STYLE AT HOME to enter all places where the properties of STYLE AT HOME are located and to repossess them.

11.7. CUSTOMER is not authorised to use the delivered goods for anything other than show models unless otherwise agreed.

11.8. CUSTOMER is obliged to ensure that the delivered property is in delivered condition after the end of the contractual period. During the rental period, CUSTOMER shall heat the furnished rooms and ensure regular ventilation. Should the delivered good have visible damage, CLIENT is obliged to compensate this damage for the fair amount indicated by STYLE AT HOME.

Article 12 - Applicable law, competent court

12.1. All agreements to which these general conditions of sale apply in full or in part are governed by Belgian law.

12.2. All disputes which may arise as a result of agreements to which these terms and conditions apply in whole or in part will be judged exclusively by the court of the judicial district where the registered office of STYLE AT HOME is situated, even in case of plurality of defendants, counterclaim, intervention, indemnification and summary proceedings.