Legal notice

GENERAL TERMS AND CONDITIONS SOLENCASA BV

Article 1 – Definitions

Solencasa BV, established in Rotterdam, Chamber of Commerce number, is referred to in these general terms and conditions as Solencasa BV.
The counterparty of Solencasa BV is referred to as the Client in these general terms and conditions.
The parties are Solencasa BV and the client together.
The agreement means the service agreement or management agreement between the parties.

Article 2 – Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, agreements and deliveries of services or goods by or on behalf of Solencasa BV.
It is only possible to deviate from these terms and conditions if this has been agreed explicitly and in writing by the parties.
The agreement always contains best efforts obligations for Solencasa BV, not results obligations.

Article 3 – Formation of the assignment

1. The assignment is established by means of an offer and acceptance between Solencasa BV and the Client, which is confirmed by an Agreement.

Article 4 – Duration of the assignment

Unless otherwise agreed between the parties, the assignment will run for 12 months from the date of signing the assignment for the provision of services.

After this term has expired, Solencasa BV may terminate the accepted assignment for services, without being liable to pay compensation.

Article 5 – General obligations of the parties

Solencasa BV carries out the assignment it has accepted to the best of its knowledge and ability and with due observance of the interests of the Client.
Solencasa BV regularly informs the Client of the progress
in a predetermined manner of communication.
The Client shall make all information relevant to the performance of the assignment available to Solencasa BV.
The client is obliged to provide all data and documents that Solencasa BV considers necessary for the correct execution of the assignment, in a timely manner and in the desired form and manner.
The client guarantees the correctness, completeness and reliability of the information and documents made available to Solencasa BV, even if these originate from third parties, insofar as the nature of the assignment does not dictate otherwise.
If the client does not make the information and documents required by Solencasa BV available, or does not do so in time or properly, and the execution of the assignment is delayed as a result, the resulting additional costs and extra fees will be borne by the client.
Unless agreed otherwise, the client is not permitted outside Solencasa BV to make use of similar services of others and/or to develop activities that could impede Solencasa BV in fulfilling the service assignment or interfere with its activities.

Article 6 – Fees, periodic fees and/or commission

Depending on the form of service, the Client owes Solencasa BV a fee, periodic fee or brokerage fee.
The type of compensation as referred to in paragraph 1 is determined in advance and laid down in the Agreement or in any additional conditions
Unless agreed otherwise, a brokerage fee for mediation in the purchase of immovable property is only due and payable at the time of the legal transfer of the immovable property to the civil-law notary, without the client being charged interest over the period between the brokerage fee being payable and its due date. payable to Solencasa BV.
If a brokerage fee obligation arises in accordance with the provisions of paragraph 3 of this article, the estate agent is entitled to a part of the brokerage fee to be reasonably determined. In determining this, account will be taken of work already carried out by the broker, the benefit that the Client derives from this and the grounds on which the agreement was terminated;
If a real estate purchase agreement that has been concluded is not implemented, Solencasa BV retains the right to full commission, unless the non-performance is the result of an attributable shortcoming (non-performance) by the broker.

Article 7 – Payment

The invoiced amount from Solencasa BV to the client must be paid in full or in part at the start of the assignment, unless the parties have made other agreements about this and if there is a type of fee and service as referred to in Article 7 paragraph 3.
If the client does not pay within the agreed term, it will be in default by operation of law, without any reminder being required.
From that moment Solencasa BV is entitled to suspend the obligations until the client has fulfilled his payment obligation.
If Solencasa BV has already performed services for which the Client has not fulfilled its payment obligation, Solencasa BV will proceed to collection. The costs related to this collection shall be borne by the client. When the client is in default, he owes Solencasa BV statutory interest, extrajudicial collection costs and other damages. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, Solencasa BV's claims against the client are immediately due and payable.
If the client refuses to cooperate with the execution of the assignment by Solencasa BV, he is still obliged to pay the agreed price to Solencasa BV.

Article 8 – Pricing and Indexing

The prices stated on offers, quotations and invoices include the VAT due, unless otherwise agreed or stated.
With regard to the services, the parties can agree on a fixed price when the agreement is concluded.
Solencasa BV is entitled to increase its rates annually on 1 July in accordance with the consumer price index (CPI) for all households.

Article 9 – Withdrawal of order

The client is free to terminate the assignment to Solencasa BV at any time.
When the client withdraws the assignment, the client is obliged to pay the fees due and the expenses incurred by Solencasa BV.
The withdrawal of an order must be made in writing or electronically.

Article 10 – Execution of the agreement

Solencasa BV executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Solencasa BV has the right to have work carried out by third parties.
The implementation takes place in mutual consultation and after written agreement and payment of any agreed advance.
It is the responsibility of the client to be able to start the assignment on time.

Article 11 – End of the assignment

The assignment ends with:
a. Fulfillment of the assignment by Solencasa BV, unless there is a contract that by its nature has an ongoing character;
b. Withdrawal of the assignment by the Client;
c. Return of the assignment by Solencasa BV;
d. Termination by either party;
e. Death of Client.
If the consumer does not respond to any communication from Solencasa BV for three months or more, Solencasa BV may terminate the service assignment and the Client will owe the costs for the work already carried out.
Solencasa BV can return the order for compelling reasons. In any case, weighty reasons are considered: the situation described in Article 13 paragraph 1 or a serious disruption of the relationship between Solencasa BV and the consumer. The refund by the broker must be made in writing or electronically.
An assignment can be dissolved if there is a shortcoming in the fulfillment of the obligations on the part of the other party. The term “counterparty” here means the broker's counterparty (this is: the consumer/client) or the consumer's/client's counterparty (this is: the broker). The declaration of dissolution should preferably be made in writing or electronically.
The date for termination of the assignment is the date on which the broker or the consumer receives the (written or electronic) notification regarding the withdrawal, refund, dissolution or death, or the later date stated in that notification.

Article 12 – Amendment of the agreement

If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the performance may be affected. Solencasa BV will inform the client of this as soon as possible.
If the change or addition to the agreement has financial and/or qualitative consequences, Solencasa BV will inform the client about this in writing as soon as possible.
If the parties have agreed on a fixed fee, Solencasa BV will indicate to what extent the change or addition to the agreement will result in the fee being exceeded.

Article 13 – Force majeure

In addition to the provisions of Section 6:75 of the Dutch Civil Code, a shortcoming of Solencasa in the fulfillment of any obligation towards the client cannot be attributed to Solencasa BV in the event of a circumstance beyond the control of Solencasa BV, as a result of which the fulfillment of his obligations towards the client are prevented in whole or in part or as a result of which the fulfillment of his obligations cannot reasonably be expected from Solencasa BV. These circumstances also include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions.
If a situation as referred to above occurs as a result of which Solencasa BV cannot fulfill its obligations towards the client, those obligations will be suspended as long as Solencasa BV cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
In the case referred to in the second paragraph of this article, Solencasa bv is not obliged to pay compensation for any damage, not even if Solencasa bv enjoys any advantage as a result of the force majeure situation.

Article 14 – Transfer of rights

Rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Article 15 – Warranty

The parties have entered into an agreement of a service nature, which for
Solencasa BV only contains a best efforts obligation and therefore no result obligation.

Article 16 – Insurance

The client undertakes to adequately insure and keep insured the delivered goods that are necessary for the implementation of the underlying agreement, as well as Solencasa BV's goods that are present at the client's premises and goods that have been delivered under retention of title, against, among other things, fire, explosion and water damage. as well as theft.
The Client will make the policy of these insurances available for inspection on first request.

Article 17 – Joint and several liability

If the assignment is given by more than one client, then all clients are jointly and severally liable for the fulfillment of all obligations arising from these general terms and conditions and the present agreement.

Article 18 – Liability

The advice and services provided by Solencasa BV depend on many factors beyond its influence. Although the agreement is performed to the best of its knowledge and ability and in accordance with the requirements of good workmanship, Solencasa BV can therefore not give any guarantees with regard to the advice and services it has provided.
Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the (professional) liability insurance(s). This amount is increased by the amount of the deductible according to the relevant policy.
The limitation of liability also applies if Solencasa BV is held liable for damage resulting directly or indirectly from the improper functioning of the equipment, software, data files, registers or other items used by Solencasa BV in the performance of the assignment.
Solencasa BV is not liable for damage, of whatever nature, because Solencasa BV relied on incorrect and/or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.
Solencasa BV furthermore does not guarantee the correctness or completeness of information or advice provided before the agreement is concluded. Nor is Solencasa BV liable for damage if the client fails to fulfill its responsibilities or if the client provides or has provided incorrect, defective or incomplete information.
If in any case the insurer does not pay out or damage is not covered by the insurance, the liability of Solencasa BV is limited to one time the invoice value of the assignment, or at least that part of the assignment to which the liability relates, whereby, the liability is always limited to the part of the fee owed over the last six months.
Solencasa BV's liability for trading, consequential or indirect damage is always excluded, except in the event of intent and gross negligence bordering on intent on the part of Solencasa BV.
Solencasa BV's liability is excluded with regard to not being able to request a mortgage offer in time for an interest rate increase.

Article 19 – Client's liability

If an assignment is given by more than one person, each of them is jointly and severally liable for the amounts owed to Solencasa BV on account of that assignment.

Article 20 – Indemnification

The client indemnifies Solencasa BV against all third-party claims related to the goods and/or services supplied by Solencasa BV.

Article 21 – Complaint duty

The client is obliged to immediately report complaints about the work performed to Solencasa BV in writing. The complaint contains a description of the shortcoming that is as detailed as possible, so that Solencasa BV is able to respond adequately.
In any case, a complaint cannot lead to Solencasa BV being obliged to perform other work than has been agreed.

Article 22 – Change of general terms and conditions

Solencasa BV is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Solencasa BV will discuss major substantive changes with the customer in advance as much as possible.
Client(s) are entitled to terminate the agreement in the event of a material change to the general terms and conditions.

Article 23 – Applicable law and competent court

Dutch law applies exclusively to every agreement between the parties.
If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.
The Dutch court in the district where Solencasa BV is established has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

These general terms and conditions are applicable from: April 1, 2023