These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Leela by Belle. Parties can only deviate from these conditions if they have explicitly agreed upon in writing. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Offers and quotations
Offers and quotations from Leela by Belle are without engagement unless expressly stated otherwise. An offer or quotation is valid for a maximum period of one month unless another acceptance period is stated in the offer or quotation. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will expire. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.
Upon acceptance of a quotation or offer without engagement, Leela by Belle reserves the right to withdraw the quotation or offer within three days after receiving the acceptance, without any obligations towards the customer. Verbal acceptance of the customer only commits Leela by Belle after the customer has confirmed this in writing or electronically.
All prices used by Leela by Belle are in euros, are exclusive of VAT. Leela by Belle is permitted to adjust all prices for its products or services, on its website or otherwise, at any time. The price with regard to services is determined by Leela by Belle on the basis of the actual working hours. The price is calculated according to the usual hourly rates of Leela by Belle, valid for the period in which she carries out the work, unless a different hourly rate has been agreed upon.
If the parties have agreed on a total price for a service provided by Leela by Belle, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from. Leela by Belle is permitted to deviate up to 10% of the target price. If the target price exceeds 10%, Leela by Belle must let the customer know in due time why a higher price is justified. If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%. Leela by Belle has the right to adjust prices annually. Leela by Belle will communicate price adjustments to the customer prior to the moment the price increase becomes effective. The consumer has the right to terminate the contract with Leela by Belle if he does not agree with the price increase.
Payments and payment term
Leela by Belle may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. The customer must have paid the full amount within one month, after delivery. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Leela by Belle having to send the customer a reminder or to put him in default. Leela by Belle reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, Leela by Belle is entitled to charge an interest of 2% per month for non-commercial transactions and interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Leela by Belle. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. If the customer does not pay on time, Leela by Belle may suspend its obligations until the customer has met his payment obligation. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Leela by Belle on the customer are immediately due and payable. If the customer refuses to cooperate with the performance of the agreement by Leela by Belle, he is still obliged to pay the agreed price to Leela by Belle.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfilment of any obligation arising from this agreement.
The customer waives his right to settle any debt to Leela by Belle with any claim on Leela by Belle.
When parties have entered into an agreement with services included, these services only contain best-effort obligations for Leela by Belle, not obligations of results.
Performance of the agreement
Leela by Belle executes the agreement to the best of her knowledge and ability and in accordance with the requirements of good workmanship. Leela by Belle has the right to have the agreed services (partially) performed by third parties.
The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. It is the responsibility of the customer that Leela by Belle can start the implementation of the agreement on time. If the customer has not ensured that Leela by Belle can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
The customer shall make available to Leela by Belle all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties unless otherwise ensuing from the nature of the agreement. If and insofar as the customer requests this, Leela by Belle will return the relevant documents. If the customer does not timely and properly provides the information, data or documents reasonably required by Leela by Belle and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the service agreement
The agreement between Leela by Belle and the customer is entered into for an indefinite period of time unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing. If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless one of the parties terminates the contract with due observance of a notice period of two months, or if a consumer terminates the agreement with due observance of a notice period of one month causing the agreement to end at the end of the fixed term.
If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Leela by Belle a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Cancellation of the contract for an indefinite period of time
The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of two months. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
The customer indemnifies Leela by Belle against all third-party claims that are related to the products and/or services supplied by Leela by Belle.
The customer must examine a product or service provided by Leela by Belle as soon as possible for possible shortcomings. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Leela by Belle of this as soon as possible, but in any case within one month after the discovery of the shortcomings. Consumers must inform Leela by Belle within two months after detection of the shortcomings. The customer gives a detailed description as possible of the shortcomings so that Leela by Belle is able to respond adequately. The customer must demonstrate that the complaint relates to an agreement between the parties. If a complaint relates to ongoing work, this can in any case not lead to Leela by Belle being forced to perform other work than has been agreed.
The customer must provide any notice of default to Leela by Belle in writing. It is the responsibility of the customer that a notice of default actually reaches Leela by Belle (in time).
Joint and several client liabilities
If Leela by Belle enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Leela by Belle under that agreement.
Liability of Leela by Belle
Leela by Belle is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. If Leela by Belle is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement. Leela by Belle is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties. If Leela by Belle is liable, its liability is limited to the amount paid by a closed – professional or otherwise – liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates. All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Leela by Belle shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
The customer has the right to dissolve the agreement if Leela by Belle imputably fails in the fulfilment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. If the fulfilment of the obligations by Leela by Belle is not permanent or temporarily impossible, dissolution can only take place after Leela by Belle is in default. Leela by Belle has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Leela by Belle good grounds to fear that the customer will not be able to fulfil his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Leela by Belle in the fulfilment of any obligation to the customer cannot be attributed to Leela by Belle in any situation independent of the will of Leela by Belle, when the fulfilment of its obligations towards the customer is prevented in whole or in part or when the fulfilment of its obligations cannot reasonably be required from Leela by Belle.
The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Leela by Belle cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Leela by Belle can comply with it. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Leela by Belle does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Leela by Belle is entitled to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. Major changes in the content will be discussed by Leela by Belle with the customer in advance as much as possible. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Leela by Belle to third parties without the prior written consent of Leela by Belle. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Leela by Belle had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties. The Dutch court in the district where Leela by Belle is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.
These terms and conditions were created using a document from Rocket Lawyer on 02 August 2022.
LEELA WORDS | AMSTERDAM, THE NETHERLANDS
+ 31 6 34 78 51 10 | INFO@LEELAWORDS.NL