TERMS AND CONDITIONS

 

Article 1 Definitions 

1. Viana Lou Creations is a one-man business that aims to provide interior advice in a broad sense, such as, but not limited to, making plans for the interior. 

2. In these General Terms and Conditions, 'Client' means: the natural person or legal person or the partnership of natural and/or legal persons or the intermediary or representative acting on behalf of this person who uses the Services of Viana Lou Creations and gives Viana Lou Creations the order Provide services as referred to in Section 6. 

3. In these General Terms and Conditions, 'Consumer' is understood to mean: the natural person, not acting in the exercise of a profession or business, who uses the Services of Viana Lou Creations and who instructs Viana Lou Creations to provide Services as referred to in paragraph 6.  

4. In these General Terms and Conditions, 'Agreement' means: the legal relationship between Viana Lou Creations and the Client, in the broadest sense. 

5. In these General Terms and Conditions, 'Distance Agreement' means: the Agreement concluded between Viana Lou Creations and the Consumer within the framework of an organized system for distance sales or services without the simultaneous personal presence of Viana Lou Creations and the consumer and whereby , up to and including the time of the conclusion of the Agreement, exclusive use is made of one or more means of distance communication. 

6. In these General Terms and Conditions, 'Services' means: all services provided to the Client by Viana Lou Creations and/or third parties engaged by it, including the provision of interior advice, as well as all other work performed by Viana Lou Creations for the Client, of whatever nature, performed in the context of an assignment, including work that is not performed at the explicit request of the Client. 

7. In these Terms and Conditions, 'Website' means: the website www.vianalou.com.
    

Article 2 Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to all Agreements concluded between the Client and Viana Lou Creations whereby Viana Lou Creations offers Services. 

2. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Viana Lou Creations. 

3. Applicability of purchase or other conditions of the Client are expressly rejected, unless expressly agreed otherwise in writing. 

4. The General Terms and Conditions also apply to additional or changed assignments from the Client. 
    

Article 3 The Agreement 

1. All quotations, offers and proposals from Viana Lou Creations are without obligation, even if they include an acceptance period. Unless expressly stated otherwise, an offer is valid for 14 (in words: fourteen) days after the date of the offer. If the Client does not accept the offer within the aforementioned period, the offer will lapse. 

2. The Client can contact Viana Lou Creations via the website and e-mail for one of the Services offered. Viana Lou Creations will consult with the Client about his expectations and can then prepare an offer that will be sent by e-mail. The Agreement is only concluded by means of an order confirmation. 

3. The Agreement is entered into for a period as stated on the Website, the order form or in the quotation. 

4. If Viana Lou Creations sends a confirmation to the Client, this confirmation will give direction to the content and explanation of the Agreement, subject to obvious typing errors. Viana Lou Creations cannot be held to its offer if the Client can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error. 

5. If the Client makes notes or comments on the quotation from Viana Lou Creations, they do not form part of the Agreement, unless Viana Lou Creations confirms this in writing.

6. An assignment by the Client that is not preceded by a written quotation requires written acceptance by Viana Lou Creations. 
    

Article 4 Execution of the Agreement 

1. Viana Lou Creations will make every effort to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements. 

2. Viana Lou Creations has the right to have certain activities performed by third parties. 

3. When engaging third parties, Viana Lou Creations will observe due care and consult with the Client in the selection of these third parties, as far as this is reasonably possible and customary in the relationship with the Client. The costs of engaging these third parties will be borne by the Client and will be passed on to the Client by Viana Lou Creations. 

4. The Client ensures that all data, which Viana Lou Creations indicates are necessary or which the Client should reasonably understand are necessary for the execution of the Agreement, are provided to Viana Lou Creations in a timely manner. If the information required for the implementation of the Agreement has not been provided to Viana Lou Creations in time, Viana Lou Creations has the right to suspend the implementation of the Agreement and/or to charge the extra costs resulting from the delay to the Client in accordance with the then usual rates. To be charged by the client. 

5. The Client ensures that Viana Lou Creations can provide its Services in a timely and proper manner. If the Client does not comply with its agreements in this regard, it is obliged to compensate the resulting damage. 

6. If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Client must give Viana Lou Creations written notice of default. Viana Lou Creations must be offered a reasonable period of time to still implement the Agreement. 
    

Article 5 Amendment to the Agreement 

1. If during the execution of the Agreement it appears that it is necessary to change or supplement it for proper execution, Viana Lou Creations and the Client will proceed to adjust the Agreement in good time and in mutual consultation._cc781905-5cde-3194- bb3b-136bad5cf58d_

2. If the Agreement is amended, including an addition, this is an additional assignment. A separate payment agreement will be made in advance for this additional assignment. Without an additional quote, the original conditions apply, whereby the additional Services are paid at the agreed rate. 

3. The non-execution or non-immediate execution of the amended Agreement does not constitute a breach of contract on the part of Viana Lou Creations and is no ground for the Client to cancel or dissolve the Agreement.

4. Changes to the originally concluded Agreement between Viana Lou Creations and the Client are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended Agreement. This change will be made in writing. 
    

Article 6 Suspension, dissolution and premature termination of the Agreement 

1. Viana Lou Creations is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Client does not, not fully or not timely fulfill the obligations under the Agreement, or if Viana Lou Creations has good grounds to fear that the Client will fall short in those obligations, provided that Viana Lou Creations has given the Client notice of default in a written reminder, whereby the Client is set a reasonable period for the fulfillment of the obligations, and compliance within this period is not forthcoming._cc781905-5cde-3194-bb3b- 136bad5cf58d_

2. Viana Lou Creations is also authorized to terminate the Agreement, under the same conditions as referred to in Article 6.1 of the present Agreement, if circumstances arise of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required. 

3. If the Client does not fulfill its obligations arising from the Agreement, this non-compliance justifies dissolution and the Client is in default, Viana Lou Creations is entitled to dissolve the Agreement immediately and with immediate effect by means of a written statement to the Client, whereby the Client, on account of non-performance, is obliged to pay damages or compensation. 

4. If during the execution of the Agreement it appears that Viana Lou Creations cannot deliver the desired quality that is customary, or if it appears that the Agreement cannot be continued due to compelling interests, Viana Lou Creations and the Client will try to find a solution in consultation. come/make an appropriate arrangement. 
    

Article 7 Cancellation 

1. If a Distance Agreement is concluded between Viana Lou Creations and the Consumer, this Agreement can be canceled free of charge within 14 (in words: fourteen) days after the conclusion of the Distance Agreement, without giving any reason. Viana Lou Creations can, however, charge a reasonable fee to the Consumer, which depends on demonstrable costs already incurred. 

2. For Consumers, the Agreement can no longer be canceled if Viana Lou Creations delivers the Services in full within the 14 (in words: fourteen) days reflection period. When concluding the Agreement, the Consumer grants Viana Lou Creations permission for this and declares to waive his reflection period. 

3. Furthermore, the Consumer retains the right to the cooling-off period if the Services, at the request of the Consumer, are partially delivered within 14 (in words: fourteen) days. However, the Consumer is obliged to pay for the Services already provided. 

4. Cancellation must be made in writing and expressly confirmed by Viana Lou Creations. 

5. If the Client is a legal entity or the partnership of legal entities or the intermediary or representative acting on its behalf, the Client cannot cancel the Agreement after signing the quotation. 
    

Article 8 Costs, remuneration and payment 

1. For Consumers, all amounts stated in the offer are in euros and include VAT, unless stated otherwise. Viana Lou Creations is also entitled to charge travel costs. 

2. If the Client is not a natural person, all amounts stated in the quotation are in euros and exclusive of VAT, unless stated otherwise. 

3. Viana Lou Creations has the right to correct apparently erroneous typos in the quotation. 

4. Payment must be made by bank transfer, within 14 (in words: fourteen) days after invoicing in the currency that has been invoiced, unless another term has been agreed. 

5. Upon payment of the Agreement, the Consumer is only obliged to pay up to half of the purchase price in advance. 

6. The Client must pay 25% of the total amount from the quotation as confirmation of the Agreement, and 25% one week before the delivery of the Services. The remaining 50% must be paid by the Client upon delivery, unless otherwise agreed. 

7. The Client is obliged to immediately inform Viana Lou Creations of any inaccuracies in the stated or provided payment details. 

8. If the Client fails to pay an invoice on time, the Client will be in default by operation of law, without further notice of default being required. The Client will then owe statutory interest. The interest on the amount due will be calculated from the moment that the Client is in default until the moment of payment of the full amount due. 

9. If Viana Lou Creations decides to collect a claim due to non-payment of one or more unpaid invoices by legal means, the Client is, in addition to the principal sum due and the interest referred to in Article 8.8, also obliged to pay all reasonable judicial and extrajudicial costs incurred. to reimburse. The reimbursement of judicial and extrajudicial costs incurred is determined in accordance with the then applicable Decree that pertains to compensation for extrajudicial collection costs. 
    

Article 9 Liability 

1. The Client is responsible for providing correct and representative data and information that are necessary for the execution of the Agreement. 

2. Viana Lou Creations is not liable for damage based on incorrect advice if the Client has provided incorrect, non-representative or irrelevant information. 

3. Viana Lou Creations is not liable for indirect damage, including but not limited to consequential damage and loss of income. 

4. Viana Lou Creations is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in article 10. 

5. Viana Lou Creations is only liable based on a best efforts obligation, not an obligation of result. If decisions, made following advice from Viana Lou Creations, are made that appear to have adverse consequences, this will be done entirely at the expense and risk of the Client. Whether or not to follow advice from Viana Lou Creations is therefore entirely a decision for which the Client is responsible. 

6. The Client indemnifies Viana Lou Creations against claims from third parties, of whatever nature, related to the Services. 

7. If Viana Lou Creations is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Client due to a demonstrable failure of Viana Lou Creations' obligations with regard to its Services._cc781905-5cde-3194 -bb3b-136bad5cf58d_

8. The liability of Viana Lou Creations is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Viana Lou Creations is not insured, the liability is limited to the amount paid by the Client. 

9. The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of Viana Lou Creations. 

10. This provision does not exclude liability to the extent that liability may not be limited or excluded by law. 
     

Article 10 Force majeure 

1. Force majeure is understood to mean all external causes, beyond the will or actions of Viana Lou Creations, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.

2. Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of staff of Viana Lou Creations itself or a third party, abnormal weather conditions, failures in water and energy supplies, strikes, serious malfunctions in the systems of Viana Lou Creations or third parties, fire, floods, natural disasters, riots, war or other domestic unrest. 

3. In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure continues. 

4. If the force majeure continues for more than one month, both parties are entitled to dissolve the Agreement without judicial intervention. In such a case, Viana Lou Creations will refund any amounts paid, less all costs incurred by Viana Lou Creations in connection with the Agreement. 
    

Article 11 Data Confidentiality 

1. Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature will remain confidential. The party receiving confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it has been designated as such by one of the parties. Viana Lou Creations cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a legal regulation or for the correct execution of the agreement. 
    

Article 12 Intellectual property 

1. Viana Lou Creations reserves the rights and powers to which it is entitled under the Copyright Act. 

2. All goods delivered by Viana Lou Creations remain the property of Viana Lou Creations and are exclusively intended to be used by the Client in the context of the Services. The aforementioned data may not be reproduced, made public, exploited or brought to the knowledge of third parties by the Client without the express prior consent of Viana Lou Creations.

3. The Client guarantees that no rights of third parties oppose making data available to Viana Lou Creations. The client will indemnify Viana Lou Creations against any action based on the claim that making available, using, editing, installing or incorporating such an infringement of any right of third parties. 
    

Article 13 Complaints 

1. The Client is obliged to proceed to check it immediately upon receipt of the Service, unless it has been agreed that Viana Lou Creations would send a draft version. Errors or inaccuracies that can be found during a first inspection, taking into account the requirements of reasonableness and fairness, must be reported to Viana Lou Creations in writing within 3 (in words: three) working days after receipt of the Services._cc781905-5cde-3194 -bb3b-136bad5cf58d_

2. Other complaints, including complaints that could not be detected during a first inspection, must be reported in writing to Viana Lou Creations within 1 (in words: one) month at the latest. 
    

Article 14 Complaints procedure 

1. If the Client has a complaint, the Client must send this in writing to www.vianalou.com.
    

Article 15 Identity of Viana Lou Creations 

1. Viana Lou Creations is registered with the Chamber of Commerce under number 78695589 and bears VAT identification number NL003372252B38. Viana Lou Creations is located at F. Bordewijkstraat 46, (3544 KM) in Utrecht. 

2. Viana Lou Creations can be reached by email at info@vianalou.comor through the website www.vianalou.comand by phone at +31 620267075 
    

Article 16 Applicable law and competent court 

1. Dutch law applies to the legal relationship between Viana Lou Creations and its Clients. 

2. The law of the place of residence of the Consumer applies to the Agreement between Viana Lou Creations and the Consumer. 

3. All disputes that may arise between Viana Lou Creations and the Customer will be settled by the legally competent court.