CBW-certified General terms and conditions for home furnishings stores
ARTICLE 1 – Definitions
1 In these terms and conditions, the following definitions apply:
The entrepreneur: the seller/contractor who, as a member of CBW-MITEX, enters into or wishes to enter into an agreement with the customer;
The customer: the buyer/client or anyone who enters into or wishes to enter into an agreement with the entrepreneur;
The business customer: the customer acting in the exercise of a profession or business;
The consumer: the customer not acting in the exercise of a profession or business;
Delivery: the actual offer of the purchased goods and/or agreed goods and/or semi-finished products to the customer;
Completion: making the agreed goods and/or work ready for use, as agreed;
Distance contract: the agreement where, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
SG CBW: Stichting Garantieregelingen CBW (CBW Guarantee Schemes Foundation), which is responsible for the implementation and enforcement of the guarantee schemes as referred to in Articles 17, 19 and 20 of these terms and conditions;
Floor: subfloor and/or intermediate floor and/or floor covering material;
Subfloor: the existing surface on which the work is to be carried out;
Intermediate floor: the material applied between the subfloor and the floor covering material, not being repair material for the subfloor.
2 The agreement, offer, delivery or performance may, if agreed, relate to connection, installation, assembly, and other work. This includes: Connection: connecting all supply and drainage pipes and wiring to existing and correctly installed connection points;
Installation: installing all supply and drainage pipes, wiring and connection points required for the correct assembly of the item;
Assembly (placement): assembling and setting up the item or parts thereof;
Other work: demolition and renovation work, leveling floors and walls, and processing tiles.
ARTICLE 2 – Validity
These terms and conditions may only be used by members of CBW-MITEX.
ARTICLE 3 – Intellectual property
1 The entrepreneur reserves, if and insofar as applicable, the intellectual property rights to, among other things, designs, illustrations, drawings, samples, swatches and models provided with or without the offer.
They must be returned immediately upon the entrepreneur's first request, without prejudice to other legal measures available to the entrepreneur to safeguard his rights.
2 The customer is not permitted to remove or alter any indications concerning intellectual property rights on/in the performances delivered or made available by the entrepreneur.
3 The customer is prohibited from reproducing, publishing, exploiting or exhibiting any material from the entrepreneur on which intellectual property rights rest, in any way whatsoever, without the entrepreneur's permission.
ARTICLE 4 – The offer
1 All offers are valid for 18 days after the offer date, unless otherwise stated in the offer. They are based on the data, drawings and dimensions derived therefrom provided by the customer and any measurements taken by the entrepreneur. The customer is obliged to inform the entrepreneur about facts and/or circumstances that may affect the execution of the agreement, insofar as he knew or ought to have known them. For all floors, the largest length and width dimensions are used when measuring surfaces. Designs, illustrations, drawings, specifications of dimensions and weights, swatches and models originating from the entrepreneur are as accurate as possible.
2 The offer shall explicitly include a complete description of the goods to be delivered and the work to be performed, the total (purchase) price, as well as the delivery time, and the risks for both parties shall be indicated.
In the offer, the entrepreneur shall inform the customer of their duty of care for articles, materials and tools of the entrepreneur located at the work site, without prejudice to the legal liability of the customer. For orders on call, the offer shall, in addition to an indication of this term, also contain information about the elements mentioned in Article 6, paragraph 6. The offer shall provide insight into the price of the materials and the pricing method to be used for the work to be performed: lump sum or cost-plus basis.
a) for the lump sum pricing method, parties agree on a fixed amount for which the work will be performed;
b) for the cost-plus pricing method, the entrepreneur provides a precise statement of the price factors (e.g., hourly rate and unit prices of the necessary materials).
Upon the consumer's request, the entrepreneur may provide an indication of the expected execution costs by quoting a target price.
The offer shall state the payment conditions.
3 All work not mentioned in the offer is not covered by the agreement and may increase the price.
4 The customer must enable the entrepreneur to carry out the work properly. If specific obligations in this respect rest with the consumer, the entrepreneur will explicitly point this out to the consumer in the offer. This may include, for example, the obligation that the building in which work is being done is watertight, or the requirement that floors are free of lime, cement and dirt residues and loose parts, and the obligation that installation points, pipes and drainage pipes are present in accordance with the entrepreneur's drawing.
5 If the customer does not accept the offer, the entrepreneur is entitled to charge the costs involved in preparing the offer, provided that he has informed the consumer immediately before or when requesting the offer, in writing or electronically, of the existence and amount of these costs. If the entrepreneur exercises his right and the customer has paid the costs, the drawings attached to the offer become the property of the customer, without prejudice to the entrepreneur's intellectual property rights.
6 For a distance contract, Article 7:46c of the Dutch Civil Code applies.
ARTICLE 5 – The agreement
The down payment
1 The entrepreneur is entitled to request a down payment when entering into an agreement with a consumer. The maximum percentage depends on the product. The guarantee of Article 17 of these terms and conditions applies to this down payment, provided that the procedure mentioned in that article is followed. In the case of an agreement with a business customer (not a consumer), a down payment may always be requested and no maximum percentages apply.
2 For all products, with the exception of the products listed below, a maximum down payment percentage of 25% applies. A maximum down payment percentage of 15% applies to:
a) kitchen/bathroom or parts thereof, or sanitary articles and/or work to be performed in connection with these products;
b) parquet, solid wood floorboards, marmoleum, natural stone, gravel, gravel tile, cork laminate floors and/or work to be performed in connection with these products.
Price change
3 If, after concluding an agreement with a consumer but before the delivery or completion, a price change occurs, this change will not affect the agreed price if it occurs within three months after the conclusion of the agreement.
4 Price changes after the aforementioned period of three months will be passed on to the consumer. The consumer then has the option to agree to the changed price or to cancel as referred to in Article 12. This is only different if, at the time of concluding the agreement, the entrepreneur states that the delivery time is longer than three months.
5 Price increases will be passed on to business customers.
6 The provisions under paragraph 4 of this article do not apply to price changes in the context of clearances, closing-down sales, showroom models, discounts, promotions, offers and the like.
Retention of title
7 The entrepreneur remains the owner of the goods sold by him to the customer as long as the customer has not fully paid the purchase price and any additional amounts due to the entrepreneur. The customer is obliged to ensure careful handling and is not entitled to assign the goods to third parties or to give them as collateral, to hypothecate them, or to remove or have them removed from the premises where they were delivered, until the entire purchase price and any accrued interest and legitimately claimed costs have been fully paid.
8 In the event that the customer, as referred to in the preceding paragraph, has been granted a moratorium, has been declared bankrupt, or has been declared subject to statutory debt rescheduling as a natural person, the entrepreneur is entitled to dissolve the agreement, in whole or in part, without notice of default or judicial intervention.
Security for business customers
9 In an agreement with a business customer, the entrepreneur is entitled, before delivery or proceeding with the delivery or fulfillment of the agreement, to demand sufficient security for the fulfillment of the customer's payment obligations.
Damages for business customers
10 In the performance of an agreement with a business customer, the entrepreneur shall never be liable for any damages other than those explicitly laid down in these terms and conditions, in particular not for compensation for other direct or indirect damages, including damages to third parties, loss of profit and the like.
Call-out charges
11 The entrepreneur is entitled to charge call-out charges, provided this has been agreed upon when the agreement was concluded.
Distance contract
12 For a distance contract, Article 7:46d of the Dutch Civil Code applies.
ARTICLE 6 – Delivery time
1 Delivery time means the period specified in the agreement within which the performance must be carried out. The delivery time is fixed unless an estimated delivery time has been agreed upon.
2 If the estimated delivery time is exceeded, the entrepreneur will be granted an additional period to deliver. This additional period is equal to the original estimated delivery time with a maximum of one month. If the entrepreneur still delivers within this additional period, any price increase within this period will not be passed on.
3 If this additional period or the firmly agreed delivery time is exceeded, the customer has the right to dissolve the agreement without notice of default or judicial intervention and/or to claim damages.
4 If the estimated or firmly agreed delivery time is exceeded, the entrepreneur is not liable for consequential damages, however named, in an agreement with a business customer.
5 In an agreement with a consumer, the entrepreneur is obliged to compensate for damages that are so closely related to the exceeding of the delivery time that they can be attributed to him, also given the nature of the liability and the nature of the damage.
6 If delivery on call, meaning the customer's notification that an order can be placed, is agreed upon, the fixed or estimated delivery time agreed in the agreement applies from the moment of the call. The call must be made within nine months after the conclusion of the agreement, unless otherwise agreed. If no call is made within that period, the entrepreneur will send a written or electronic reminder to the customer and grant an additional period of a maximum of three months to still make the call. After this period, the agreement is considered cancelled and Article 12 applies.
7 In the case of a distance contract, Article 7:46f of the Dutch Civil Code applies in conjunction with paragraph 2 of Article 7:46j of the Dutch Civil Code.
ARTICLE 7 – Rights and obligations of the entrepreneur
1 The entrepreneur shall deliver the agreed goods properly and soundly and in accordance with the provisions of the agreement. The work to be performed by him shall be carried out properly, soundly and in accordance with the provisions of the agreement.
2 When delivering goods and performing work, the entrepreneur shall observe the applicable legal regulations, as these are or will be in force at the time of delivery/execution.
3 The entrepreneur is obliged to inform the customer in good time before the conclusion of the agreement that the customer is obliged to ensure that the place where the work is to be performed is suitable for this, such as: the place where the delivery/pickup must take place can be properly secured; building and/or installation regulations have been complied with; electricity, heating, water and sufficient ventilation are present. If the entrepreneur fails to fulfill his obligation as stated here,
he must compensate the direct damages and costs incurred by the consumer as a result. The direct damages and costs incurred by himself will then be for his own account.
4 The entrepreneur also points out to the customer:
• inaccuracies in the assignment or assigned work, including working on an unsound surface;
• defects and unsuitability of goods, including materials or aids, provided by the consumer;
all of the above insofar as the entrepreneur knows or reasonably ought to know them. If the entrepreneur fails to fulfill this duty to inform, he is liable for the damage, unless it cannot be attributed to him.
5 The entrepreneur shall provide information regarding the necessity of using special equipment, such as a lift or a crane, if informed by the customer, to the extent that can be expected from his expertise. Parties shall agree on whose account and risk the use of the special equipment shall be.
6 The entrepreneur undertakes to continue the work regularly after commencement.
7 The entrepreneur ensures that the work is carried out by skilled persons.
8 The entrepreneur is in principle entitled to an extension of the term if the execution of the work is delayed due to circumstances for which the customer is responsible.
ARTICLE 8 – Rights and obligations of the customer
1 The customer shall enable the entrepreneur to deliver the goods or to perform the work.
2 The customer ensures that the entrepreneur can timely dispose of the approvals (permits, etc.) required for the work and the data to be provided for the work, such as the location of the pipes.
3 The customer is obliged to ensure that the place where the work is to be carried out is suitable for this, such as: the place where the delivery/pickup must take place can be properly secured; building and/or installation regulations have been complied with; electricity, heating, water and sufficient ventilation are present. If the consumer fails to fulfill his obligation, he must compensate the demonstrable direct damage and reasonable costs incurred by the entrepreneur as a result. The direct damage and costs incurred by himself will then be for his own account.
4 The customer bears the risk of damage caused by:
• inaccuracies in the assigned work;
• inaccuracies in the constructions and working methods desired by the customer;
• defects in the (im)movable property on which the work is performed,
• defects in materials or auxiliary equipment provided by the customer.
This does not affect the entrepreneur's obligation to inform the customer as per Article 7, paragraph 4.
5 The customer shall inform the entrepreneur of special circumstances that, for example, necessitate the use of a lift or a crane. Parties shall agree on whose account and risk the use of the special equipment shall be. If the customer has failed to provide information, the costs of using special equipment shall be for their account.
6 The customer must ensure that work and/or deliveries to be carried out by third parties that do not belong to the entrepreneur's work are performed in such a way and in such good time that the execution of the work is not delayed. If, nevertheless, a delay in the sense of this paragraph occurs, the customer must inform the entrepreneur thereof in good time.
7 The customer ensures that no other work is carried out in the room where the work is taking place or has taken place that could cause damage.
8 The buyer shall ensure that the place of delivery of the goods is easily accessible and that, to the extent possible, everything is done to facilitate a smooth loading/unloading process and, if applicable, that the space where the work is to be carried out is available in good time.
9 If the start or progress of the work is delayed by circumstances as referred to in the preceding paragraphs, the buyer shall compensate the contractor for any damage related thereto, if these circumstances can be attributed to the buyer.
10 The buyer is obliged to take care of the contractor's articles, materials and tools located at the work site until the purchase price has been paid in full, a duty of care that he preferably concretizes through insurance.
11 The buyer who insists on the performance of certain work against the express advice of the contractor is liable for the damage resulting therefrom.
ARTICLE 9 – Storage of goods
1 In the event that the agreed goods are not accepted after an offer of delivery on the agreed delivery date, other than due to defective delivery or because the buyer does not wish to accept the goods, the contractor will make a second delivery within a reasonable period. After refusal or after a second delivery, the contractor is entitled to charge the buyer for storage costs and any further demonstrable damage and reasonable costs.
2 If the second delivery is also not accepted, the contractor will:
a) demand fulfillment of the agreement, charge storage costs, any further demonstrable damage and reasonable costs;
b) or first store the goods for 30 days for the buyer, charging storage costs;
c) if the goods to be delivered have not yet been taken delivery of by the buyer thereafter, the contractor is entitled to consider the agreement as cancelled as referred to in Article 12. If the contractor considers the agreement as cancelled, the cancellation amount will be increased by the amount of the storage costs for the 30 days.
In the event of refusal, either after the first or after the second delivery, the contractor has the choice to act as provided under a, b or c.
3 If the goods have been paid for by the buyer, the contractor will store the goods for a maximum of three months, whereby reasonable internal or external storage costs will be charged to the buyer, taking into account, among other things, the sales value of the goods and the duration of the storage period, unless otherwise agreed.
4 If the buyer does not take delivery of the goods after three months, the agreement is deemed to have been cancelled as referred to in Article 12, whereby reasonably incurred internal or external storage costs may be charged by the contractor. Before the contractor may proceed with this, he must notify the consumer of his intention to do so in writing or electronically.
5 The risk of fire and damage is covered by the contractor through insurance in the case of a consumer purchase.
ARTICLE 10 – Transport and damage upon delivery
1 The agreement includes, unless otherwise agreed, the transport of the purchased goods by the contractor, who bears the risk of damage and loss. If the purchased goods are delivered by a professional carrier, the contractor is obliged to ensure sufficient insurance.
2 If damage is observed upon delivery of goods, the buyer must make a note of the damage on the receipt. If there is no opportunity to observe any damage to the delivered goods upon delivery, this must be stated by the buyer on the receipt. It is strongly recommended to report externally visible damage to the contractor within two working days of delivery.
ARTICLE 11 – Payment
Purchase and sale
1 Every agreement of purchase and sale, even if it also includes a contract for services, is made under the general condition: cash payment net upon delivery. Cash payment also includes crediting the due amount to a bank or giro account indicated by the contractor at the time of delivery or payment by means of electronic payment methods recognized by banks. 2 The contractor who delivers in parts in performance of a purchase and sale agreement is entitled to demand payment for the delivered goods with each partial delivery. The buyer receives a partial invoice for each partial delivery.
Contract for services
3 For an agreement exclusively for a contract for services, the general payment condition is: • upon placing the order 25% or 15% of the agreed sum depending on the applicable maximum advance payment percentage as stipulated in article 5.
• after delivery of the materials 45% or 55%
• immediately after completion 20% and
• within 14 days after completion the remaining 10%.
The buyer always receives a partial invoice for this.
Unlike a purchase and sale agreement, parties may agree in writing or electronically to deviate from this general payment condition, for example, that part of the payment is made in installments proportionate to the progress of the work.
Payment for purchase and contract for services
4 Payment of an invoice or partial invoice must take place no later than 14 days after receipt or 21 days after the invoice date, unless otherwise agreed.
Late payment for purchase and contract for services
5 If the buyer does not pay on time, he is legally deemed to be in default without further notice of default. Nevertheless, after the invoice date has passed, the contractor will send a payment reminder in which he points out the consumer's default and still gives him the opportunity to pay within fourteen days of receipt of the payment reminder.
6 After the expiry of the period referred to in paragraph 5, the contractor is authorized to proceed with the collection of the amount due to him without further notice of default. If the contractor engages third parties for collection, the costs associated therewith, up to a maximum of 15% of the outstanding principal sum and with a minimum of €35, shall be borne by the buyer.
7 If, after the expiry of the period in the payment reminder as referred to in paragraph 5, payment has still not been made, the contractor will charge interest from the expiry of the applicable payment period referred to in paragraph 4 until the day of receipt of the amount due.
This interest is equal to the statutory interest.
Suspension of payment obligation for purchase and contract for services
8 In case of complaints, the buyer is only entitled to withhold that part of the invoice that is reasonably proportionate to the content and seriousness of the complaint. The collection option mentioned in paragraph 6 does not apply here. This does not release the buyer from his obligation to pay the remaining part of the invoice within the agreed period.
9 If, in an agreement exclusively for a contract for services, payment in installments has been agreed and the contractor fails to fulfill his obligation regarding the continuation of the work, the consumer has the authority to suspend his payment of the installment. This does not affect the buyer's remaining payment obligation under paragraph 3 of this article.
Payment for distance contract
10 For a distance contract, Article 7:46g of the Dutch Civil Code applies.
ARTICLE 12 – Cancellation
1 In the event of cancellation of the agreement by the buyer, the buyer owes compensation of 30% of what the buyer would have had to pay upon performance of the agreement, unless the parties have agreed otherwise when concluding the agreement. The percentage as referred to in the previous sentence is 50%, if the cancellation of an agreement by the buyer occurs while the buyer has already been informed that the delivery or part thereof, if it concerns a partial delivery, can take place.
2 The percentages mentioned in the previous paragraph are fixed, unless the contractor can prove that his damage is greater or the buyer can make it plausible that the damage is smaller.
ARTICLE 13 – Additional costs, additional work and/or reduced work
Costs incurred because the buyer failed to enable the execution or progress of the work will be charged extra to the buyer. Additional work and/or reduced work will be settled fairly. Additional work generally includes: all work and supplies not included in the agreement and requested by the buyer.
Reduced work means: that which was agreed but not carried out with the consent of both parties. Unfloored areas, such as columns and recesses, will not be deducted. Cutting loss will not be reduced. At the buyer's request, the contractor will leave the remnants with him.
ARTICLE 15 – Conformity and warranty
The statutory warranty applies.
– Statutory warranty means that a product must do what the consumer can reasonably expect of it. This also applies to special use insofar as this has been provided for by the parties when concluding the agreement. If these expectations are not met, the buyer is entitled to repair or replacement, dissolution and/or price reduction.
– In addition to his statutory obligation mentioned in paragraph 1, the contractor provides the buyer with a warranty on the delivered item, insofar as it concerns defects which the contractor cannot make plausible are the result of use that does not correspond to the intended purpose. Unless expressly stated in the offer and otherwise agreed in writing or electronically, the warranty is provided according to the following system:
• up to one year after the invoice date: the costs of repair or replacement, including freight and call-out charges, are fully borne by the contractor;
• one year and up to two years after the invoice date: the costs of repair or replacement, including freight and call-out charges, are borne by the contractor for 2/3;
• after two years and up to three years after the invoice date: the costs of repair or replacement, including freight and call-out charges, are borne by the contractor for 1/3.
The buyer is not entitled to replacement insofar as the defect can reasonably be repaired. The right to reimbursement of freight and call-out charges after moving outside the Netherlands is limited to those costs that the contractor would have incurred if the buyer had remained at the address where the item was delivered.
3 The contractor's obligation regarding conformity mentioned in paragraph 1 and his possible product warranty mentioned in paragraph 2 are not covered by the advance payment guarantee mentioned in article 17 paragraph 1.
4 The date of submission of the complaint by the buyer is decisive for the application of the above-mentioned system.
5 If the manufacturer of the goods provides a more extensive warranty to the contractor, this warranty also applies to the buyer.
6 Warranty provisions are only valid when the delivered goods or the work performed are used in accordance with their intended purpose.
7 The buyer is obliged to behave as a good buyer, which means, for example, that the item is properly and adequately maintained and handled judiciously.
8 Deviations in the delivered item concerning color, wear resistance, structure and the like, which are technically acceptable according to current, usual standards, or trade practice, may limit or exclude the right to warranty and/or compensation.
ARTICLE 16 – Liability
Without prejudice to his liability under the law and what has been agreed between the parties, the contractor is not liable for damage resulting from causes that the
contractor did not know nor should have known, such as:
• the formation of shrinkage cracks and/or hairline cracks as a result of the gradual loss of construction moisture after new construction or renovation;
• the formation of discolorations, shrinkage cracks and/or hairline cracks caused by the direct influence of heat sources such as sun, central heating pipes and fireplaces;
• extreme changes in humidity percentage or temperature, or a
too high or too low humidity percentage in the relevant room and surrounding rooms;
• an incorrect composition of the intermediate and/or subfloor, if and insofar as this has not
been applied by the contractor, or an insufficiently flat subfloor, if and insofar as this has not
been applied by the contractor. The contractor reports the insufficiently flat condition to the buyer before starting the work;
• the floor not remaining dry, provided that the contractor has measured the moisture content of the floors in advance and the result thereof did not give cause not to perform the work.
ARTICLE 17 – Advance payment guarantee
1 This scheme benefits the consumer who has concluded a purchase or sale agreement with a participant in SG CBW, the contractor, or another agreement in the field of home furnishings. Agreements with business customers are not covered by this scheme. The contractor's obligation regarding conformity, mentioned in paragraph 1 of article 15 and his possible product warranty mentioned in paragraph 2 of that article, are not covered by the SG CBW advance payment guarantee.
2 This scheme applies if all four of the following conditions are met:
a) there is an agreement as referred to in paragraph 1;
b) the consumer has made an advance payment;
c) the contractor has been granted a moratorium on payments, his bankruptcy has been declared or statutory debt restructuring has been declared applicable to him as a natural person and
d) in connection therewith, the agreement referred to in sub a is not or not fully performed, nor is the advance payment repaid within three months after the granting of the moratorium on payments, statutory debt restructuring has been declared applicable or the declaration of bankruptcy.
3 For the application of this scheme, it is further required that the consumer has made a written or electronic appeal to the SG CBW no later than three months after the conditions as mentioned under sub a to d have been met.
The consumer must in any case submit a copy of the purchase agreement, proof of advance payment, and a copy of the message from the trustee/administrator that the agreement will not be performed and that the advance payment will not be refunded.
If paragraph 2 applies, the SG CBW will notify the consumer, within two months at the latest after an appeal has been made to the scheme, whether they are eligible for the advance payment guarantee. If this is the case, the SG CBW will provide the consumer with a list of participants, where a replacement purchase can be concluded, within the aforementioned two-month period.
Within six months thereafter, the consumer can conclude one or more agreements with the contractor of their choice from their normal collection and on their normal delivery terms for the supply of home furnishing articles or the provision of services in the field of home furnishing. In that case, the advance payment made by the consumer will be deducted from the price due, however, up to a maximum of 15% or 25% of the originally due price or up to a maximum of 15% or 25% of the new price if the new price is lower than the originally due price. The percentage is the originally agreed advance payment percentage, taking into account the maximum initial percentages.
For all products except the products listed below, a maximum advance payment percentage of 25% applies. A maximum advance payment percentage of 15% applies to:
a) kitchen/bathroom, or parts thereof, or sanitary articles and/or work to be performed in connection with these products;
b) parquet, solid wood floorboards, marmoleum, natural stone, gravel, gravel tile, cork laminate floors and/or work to be performed in connection with these products.
4 The consumer is not eligible for the scheme if the replacement purchase is concluded without assessment by SG CBW, as well as if the purchase is concluded with a participant not listed. The consumer hands over the letter from the SG CBW stating that they are eligible for the advance payment scheme to the contractor where the replacement purchase was concluded.
The consumer is obliged to send all requested data to the SG CBW and to transfer his claim against the original contractor - up to a maximum of the amount to be deducted under paragraph 3 - to the SG CBW.
ARTICLE 18 – Complaints
Complaints about the execution of the agreement must be submitted to the contractor fully and clearly described, preferably in writing or electronically, in a timely manner after the buyer has discovered the defects. In the case of a consumer purchase of a movable item, a notification within a period of two months after the discovery of the defect is in any case timely. Failure to submit the complaint on time may result in the buyer losing his rights in this regard.
ARTICLE 19 – Dispute settlement
1 Disputes between consumers and contractors about the formation or execution of agreements regarding services and goods to be delivered or delivered by this contractor can be submitted by both the consumer and the contractor to the Disputes Committee for Housing, Bordewijklaan 46, Postbus 90600, 2509 LP Den Haag (www.sgc.nl).
2 A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the contractor.
3 After the complaint has been submitted to the contractor, the dispute must be brought before the Disputes Committee no later than three months after its emergence.
4 If the consumer submits a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the consumer to declare within five weeks whether he agrees to this. The entrepreneur must also announce that, after the expiry of the aforementioned period, he will consider himself free to submit the dispute to the court.
5 The Disputes Committee will rule in accordance with the provisions of its applicable regulations. The decisions of the Disputes Committee are made by way of binding advice under those regulations. The regulations also provide for the resolution of the dispute through the intervention of a mediation expert. The regulations will be sent by the Wonen Disputes Committee upon request. A fee is payable for the handling of a dispute.
6 Only the court or the Disputes Committee mentioned above is authorized to hear disputes.
ARTICLE 20 – Performance Guarantee
1 The SG CBW guarantees to the consumer the performance of a binding advice issued by the Disputes Committee and a settlement recorded by the mediation expert, unless the participant has submitted the binding advice to the court for review within two months of its date and insofar as the agreement underlying the binding advice or the settlement agreement could not have been or cannot be invoked under the advance payment guarantee mentioned in Article 17. For the application of this guarantee, it is required that the consumer makes a written or electronic appeal to the SG CBW within three months after the expiry of the period within which the entrepreneur had to comply with the binding advice or the settlement agreement.
2 The SG CBW does not provide a performance guarantee if, before the dispute has been dealt with, one of the following situations applies:
a) the participant has been granted a suspension of payments;
b) the participant's bankruptcy has been declared or statutory debt rescheduling has been declared applicable to him as a natural person;
c) the participant's business activities have actually ceased.
The determining factor for this situation is the date on which the cessation of business is registered in the Commercial Register, or an earlier date of which the SG CBW can demonstrate that the business activities have actually ceased.
3 If one of the situations mentioned in paragraph 2 under a to c occurs after the dispute has been taken into consideration, but before the binding advice has been issued or the settlement has been recorded, the performance of the binding advice or the settlement agreement is guaranteed up to a maximum of €2269 for kitchen, bathroom or sanitary articles and €1361 for all other products, on the condition that the consumer transfers the entire claim to the SG CBW. If recovery by the SG CBW from the entrepreneur is reasonably possible, the recovered amount will be paid to the consumer, on the understanding that this, together with the amount previously paid, does not exceed the total value as referred to in the binding advice or the settlement agreement.
4 The guarantee by SG CBW is limited to €10,000 per binding advice. SG CBW provides this guarantee on the condition that the consumer who invokes this guarantee transfers (cedes) his claim based on the binding advice up to the maximum amount paid to SG CBW simultaneously with the honoring of his claim on the performance guarantee. For the remainder, SG CBW has a best-efforts obligation to ensure that the participant complies with the binding advice. This best-efforts obligation means that the consumer is offered to also transfer his claim for the remainder to SG CBW, after which SG CBW, in its own name and at the expense of SG CBW, will legally demand payment thereof to satisfy the consumer.
ARTICLE 21 – Dutch law
All agreements to which these terms and conditions apply are subject to Dutch law.
Copyright CBW-MITEX, 2012 Address: Postbus 762, 3700 AT Zeist
Voucher
For a voucher, we apply a validity of 1 year.
Storage costs
Storage costs depend on the dimensions of the item.
Money back
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Subject to change
All our stated prices, article descriptions, and dimensions are subject to change as errors may occur that we cannot foresee.
Carpet cleaning
Cleaning is at your own risk! It is possible that not all stains will be removed!
