General terms and conditions
e s ∙ s t u d i o – 2023
Article 1. Definitions
In these general terms and conditions, the following terms are defined as follows:
1.1 Contractor is the sole proprietorship e s ∙ s t u d i o, registered with the Chamber of Commerce under number 90655214, based in Amsterdam. The activities of e s ∙ s t u d i o are interior design and
– advice, guidance on the realisation of interior design, interior styling as well as purchasing and selling interior-related products. e s ∙ s t u d i o operates both within and outside the Netherlands.
1.2 Client is the natural – or legal person who commissions interior design and/or
– advice, supervision of the realisation of the interior design, interior styling or purchase and/or sale of interior-related products to e s ∙ s t u d i o .
1.3 Quotation is a further description of the work e s ∙ s t u d i o can perform for the client and the products e s ∙ s t u d i o can supply, including (an indication of) the costs thereof. e s ∙ s t u d i o drafts the offer and sends it to the client by e-mail for review. If the offer is approved, e s ∙ s t u d i o will prepare an order confirmation.
1.4 Assignment confirmation is the written agreement between the client and e s ∙ s t u d i o as drawn up and signed by the latter and sent to the client by e-mail together with these general terms and conditions.
1.5 Assignment agreement: An assignment agreement will only exist if the client has signed both the assignment confirmation received from the contractor by e-mail and these general terms and conditions and has returned them to e s ∙ s t u d i o by e-mail.
1.6 Assignment is the set of activities aimed at realising that which is expressed in the order confirmation. Assignments can be performed both within the Netherlands and outside the Netherlands.
1.7 Project is the property, building or structure or part thereof, to which the client’s order to e s ∙ s t u d i o relates.
Article 2. Applicability of terms and conditions
2.1 These general terms and conditions apply to all offers and order confirmations relating to the services of e s ∙ s t u d i o, deliveries of goods by e s ∙ s t u d i o and furthermore all other agreements concluded with e s ∙ s t u d i o, all this in accordance with the statement on the offer or order confirmation, unless both parties have expressly agreed by e-mail to deviate from these terms and conditions.
2.2 The applicability of any purchase or other conditions of the client is expressly rejected.
Article 3. Offers and order confirmations
3.1 The offers made by the contractor are entirely without obligation and may be revoked by either party until both parties have signed the order confirmation.
3.2 The offers and quotations prepared by e s ∙ s t u d i o are valid for a maximum of 14 days and are not applicable to other (future) assignments.
3.3 An order agreement only arises once both parties have signed the order confirmation and e s ∙ s t u d i o has returned this order confirmation signed by both parties by e-mail. Only then is the assignment agreement binding on both parties.
3.4 Additional agreements and clauses are only binding after they have been confirmed by e s ∙ s t u d i o and the customer for explicit agreement by e-mail.
3.5 e s ∙ s t u d i o is at all times entitled to refuse a potential client without giving reasons.
Article 4. Execution of the order
4.1 e s ∙ s t u d i o shall do its utmost to execute the assignment to the best of its ability based on the information provided by the client.
4.2 The client shall provide all information and take the decisions necessary for the proper execution of the order in good time.
4.3 The Client shall not give any assignments, orders or instructions regarding the project to third parties without knowing e s ∙ s t u d i o in this respect.
4.4. e s ∙ s t u d i o may advise on engaging third parties to carry out its advice and design. However, e s ∙ s t u d i o’s role does not go beyond putting the client in touch with a third party. e s ∙ s t u d i o does not enter into any agreements on behalf of the client with any third party, nor will it act as a mediator or agent.
Article 5. Third-party fees, disbursements and costs
5.1 The fee of e s ∙ s t u d i o can be agreed as follows:
On a flat-rate basis, excluding turnover tax.
5.2 e s ∙ s t u d i o works exclusively during office hours, unless the client has expressly requested work by e s ∙ s t u d i o outside office hours.
5.3 Additional travel and accommodation costs of e s ∙ s t u d i o during a project will be paid by the client after prior consultation between the parties on the amount of these costs.
e s ∙ s t u d i o shall submit invoices to the client of the costs incurred for, inter alia, air ticket, hotel and meals. The same applies to costs such as printing and engaging third parties for advice.
5.4 In case of a fixed-fee agreement, the client shall pay (based on the hourly rate of e s ∙ s t u d i o) for the additional work such as adaptation advice and designs (additional work) carried out additionally by e s ∙ s t u d i o at its request.
5.5 e s ∙ s t u d i o works on an advance payment basis.This means that e s ∙ s t u d i o agrees with the client in the order agreement how many hours on advance payment will always be paid by the client before e s ∙ s t u d i o starts with the activities on which these hours are focused.
Depending on the work, an advance invoice will always be sent for between 5-25 hours.
5.6 e s ∙ s t u d i o keeps accurate and transparent records of hours worked for the client. After expiry of the hours paid by the client, e s ∙ s t u d i o will send the client a new advance invoice for any remaining hours. As long as the client has not paid the invoiced hours, e s ∙ s t u d i o is under no obligation to continue its activities. The client is and remains responsible for any instalments. As long as the client has not paid the invoiced hours, there is no obligation for e s ∙ s t u d i o to continue its work. The client is and remains responsible for any instalments.
5.7 In the unlikely event that any hours remain after e s ∙ s t u d i o has completed its activities, e s ∙ s t u d i o will return these hours to the client in a final invoice. This settlement will take place no later than 2 weeks after completion of the activities of e s ∙ s t u d i o as mentioned in the order confirmation and any additional agreements.
Article 6. Interim termination of assignment
6.1 If the client wishes to terminate the order agreement concluded, he is obliged to inform e s ∙ s t u d i o by e-mail, stating the reasons.et_pb_text: contentThe parties shall hereafter enter into consultation to discuss the consequences.et_pb_text: contentIf e s ∙ s t u d i o suffers damage as a result, such as loss of turnover, the client shall be obliged to compensate such damage.et_pb_text: contente s ∙ s t u d i o is obliged to limit the damage as much as possible.
Article 7. Liability
7.1 Measurements should always be checked in the work itself before any advice or design is realised. Drawings with far-reaching consequences such as construction and piping should always be discussed with a structural engineer, draughtsman and/or other experts prior to realisation.
7.2 The Client always remains responsible for the choice and application of advice, materials and products advised by e s ∙ s t u d i o . e s ∙ s t u d i o is never liable for (partial) non-compliance with the advice by the client.
7.3 e s ∙ s t u d i o is not liable for a disappointing result if the advice given or the design resulting from the order is not properly executed by third parties or is caused by incorrect information provided to e s ∙ s t u d i o by the customer or others.
7.4 e s ∙ s t u d i o cannot be held liable for errors by these third parties or defects in the products provided by these third parties.
7.5 If the furniture and accessories are damaged or stolen due to the negligence of the customer, the resulting damage shall be borne by the customer.
7.6 e s ∙ s t u d i o is not liable for indirect damage of the customer or third parties, including consequential damage and trading loss.
7. 7 If e s ∙ s t u d i o makes announcements about (possible) costs involved in the execution of work by third parties, these are always indicative and no rights can be derived from them.
7.8 If the client considers that e s ∙ s t u d i o has failed to fulfil its obligations, it shall hold it liable in writing and give it the opportunity to remedy such failure(s) at its own expense.
7.9 Any claim for compensation expires if the claim has not been notified to e s ∙ s t u d i o by e-mail within 14 days of the discovery of the damage or defect.
Article 8. Force majeure
8.1 Force majeure means any circumstance that permanently or temporarily prevents the fulfilment of the order and cannot be attributed to e s ∙ s t u d i o, such as, for example, strikes in companies with which e s ∙ s t u d i o has concluded agreements, a lack of the necessary raw materials, unforeseeable delays at suppliers, as well as the case where Esther van Houdt of e s ∙ s t u d i o is mentally or physically prevented from fulfilling the order properly.
8.2 e s ∙ s t u d i o and the client should inform each other as soon as possible of a force majeure situation, and jointly seek a solution suitable for that specific situation.
Article 9. Ownership and copyright
9.1 On all advice and designs resulting from the order confirmation and any additions thereto, the intellectual property rights (such as trademark rights, copyrights and design rights) belong to e s ∙ s t u d i o. The client acquires a right of use on these documents and visual material after all financial obligations towards e s ∙ s t u d i o have been fulfilled.
9.2 The Client shall not reproduce or publish the advice and designs of e s ∙ s t u d i o without the permission of e s ∙ s t u d i o, unless the parties have explicitly agreed otherwise by e-mail.
9.3 e s ∙ s t u d i o has the exclusive right to make, multiply and distribute visual material of a project realised according to its design and advice, as well as the process leading up to it, on social media and otherwise report about it. Naturally, the client’s personal data will be kept confidential.
Article 10. Personal data
10.1 The Client’s personal data will be stored in the secure digital environment of e s ∙ s t u d i o to process orders correctly. e s ∙ s t u d i o will never give the Client’s personal data to third parties without the Client’s explicit consent and will do everything possible to prevent the Client’s data falling into the hands of third parties.
Article 11. Complaints
11.1 Complaints directly related to services or products performed by e s ∙ s t u d i o should be communicated to e s ∙ s t u d i o in writing as soon as possible, but in any case within 14 days of completion of the services or products delivered.
11.2 If the complaint is justified, e s ∙ s t u d i o shall still perform the work as agreed.
Article 12. Miscellaneous
12.1 The general terms and conditions are published on the website of e s ∙ s t u d i o: www.es-studio.nl and are effective from 1 August 2023 and apply exclusively to assignments concluded on or after that date.
12.2 Client will also receive the general terms and conditions of e s ∙ s t u d i o with the offer and order confirmation.
- Applicable law
13.1 All agreements concluded with e s ∙ s t u d i o are governed by Dutch law, even if the project to be performed or executed is located outside the Netherlands and (part of) the activities of e s ∙ s t u d i o have taken place outside the Netherlands.
13.2 The court to hear disputes between e s ∙ s t u d i o and the client is the competent court in the district where e s ∙ s t u d i o is domiciled, i.e. Amsterdam or the other competent court according to the law.
13.3 The parties have made every effort to settle a dispute by mutual consultation before resorting to the courts.
e s ∙ s t u d i o – 2023