General Terms & Conditions
In order to maintain a calm legal relationship, I invite you to read these General Terms & Conditions carefully. These terms apply to the content and performance of all agreements between the Client and the Designer, Camille Barbo.
Any Client of Camille Barbo acknowledges having read this document before having signed the Interior Design Agreement with the word “signed and agreed”.
Any signature of the quotation implies acceptance of these conditions.
· ARTICLE 1: DEFINITIONS
In these General Terms & Conditions,
GCT means these General Terms & Conditions of Services provided by Camille Barbo to its Client under the Agreement.
Interior Design Agreement means the written agreement between Camille Barbo and its Client for performance of the Services.
Client means the party named ad such in the Interior Design Agreement.
Designer means Camille Barbo, the provider of Services under the GTC and the Interior Design Agreement.
Services means the service(s) provided by Camille Barbo to its Client under the Interior Design Agreement and the GTC.
· ARTICLE 2: THE SERVICES
The Client entrusts the mission of a interior design project to the Designer. The Designer shall perform and complete the Services in accordance with the Interior Design Agreement, by regularly informing the Client of the progress of the achievements.
· ARTICLE 3: LIMITATION OF LIABILITY
The Designer will do everything to deliver the work set out in the Interior Design Agreement with skill and care.
The performance of all products set forth in the specifications document such as materials, finishes, furniture, lighting, equipment are the responsibility of the manufacturers and suppliers of the products not the Designer. The Client is solely responsible for the work and fees of any other party engaged to participate in the Services regardless of whether such party was introduced to you by the Designer. All the legal or contractual guarantees are the responsibility of the service providers (10-year guarantee, etc.). In case of litigation, the Client can only return to the offending provider.
Also, the Client declares that it has subscribed to the appropriate insurances before the start of the building site, regarding potential damages that may occur. The Designer can, in no way, be held responsible for any failure to do so.
· ARTICLE 4: PAYMENT FOR THE SERVICES
The Client shall pay the Designer the Fee in consideration of the performance of the services in accordance with the Interior Design Agreement. Payment is due into the Designer bank account within fourteen days from the date of invoice.
Any furniture purchase or contractor payment will be advanced by the Designer.
If any payment by the Client to the Designer is overdue, then the Client must pay interest at a rate of 3.5% per month (or part thereof), until the overdue amount is paid in full. Interest is payable on demand. Any payments made by the Client will first be applied to any outstanding interest. The Designer reserve the right to suspend their provision of services if payment of fees is not received in accordance with these terms.
If the payment to the Designer bank account is made from a bank account located outside of the Netherlands, all costs relating to such transfer of payment issued by the bank are for the account of the Client.
· ARTICLE 5: TIME FOR PERFORMANCE OF THE SERVICES
Timing quoted by the Designer for completion of the design and all work set out as the Service is an approximation only, unless the nature or content of the agreement expressly stipulates.
· ARTICLE 6: INTELLECTUAL PROPERTY RIGHTS
The general structure, as well as all documents, information, texts, graphics, images, photographs or any other content published on Camille Barbo’s website or on any other medium are the property of the Designer. As a result, only a private use is permitted, subject to more restrictive applicable legal or regulatory provisions.
Any total or partial reproduction of this website or any of its elements without the express prior permission of the Designer is prohibited. Any representation, alteration, modification or reproduction of this website, by any means whatsoever, would constitute an infringement. In addition, the Designer retains the co-ownership of all items submitted (notes, sketches, plans, etc.) at the end of the service.
· ARTICLE 7: USE & LICENSE
By signing these conditions, the customer expressly authorizes the Designer to take photos of its interior before, during and after the realisation of its services. The Designer will be able to reproduce and modify these photos and exploit them on all possible existing and future media (magazine, TV, web, mobile, etc.). The aesthetic ideas of the Designer should not be published by another company without its express authorization.
· ARTICLE 8: CONFIDENTIALITY & DISCRETION
No party will disclose confidential information about the other party without the other’s written consent. Confidential information includes but is not limited to any proposal or tender document, information, trade secrets, methodologies or documents that are not in the public domain.
· ARTICLE 9: CANCELLATION AND TERMINATION OF AGREEMENT
If the Client cancels the agreement they shall be required to compensate the work already done by the Designers in accordance with the fee structure agreed upon for the Project as well as any costs incurred for work carried out up until the date of cancellation with a cancellation cost of 15%.
The Designers shall be entitled to terminate its Services and/or the contract upon the Client’s failure to honour their debts in full. At such point the Designers will serve a notice of cancellation along with a final invoice for all costs incurred for work carried out up until the date of termination plus a cancellation cost of 15% which must be settled within the next 7 days of the date of such invoice.
In the event that the Client fails to honour their debts (in full) or is otherwise in default of fulfilling their obligations under the agreement, then as from the moment of such default, the Client shall no longer be permitted to use the work supplied to them. All work will remain the property of the Designers until the point the invoice relating to such work is paid in full.
· ARTICLE 10: APPLICABLE LAW
All agreements between the Designer and the Client shall be governed exclusively by Dutch law. Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the courts in Amsterdam.