Terms and Conditions

1 Definition
In these general terms and conditions, the following terms are used:
1.1 The Designer: The contractor on behalf of Interior Blends who performs work in the field of interior design and styling on behalf of a client.
1.2 The Client: a person, partnership, company, or legal entity that has given the Designer an assignment to carry out work.
1.3 The Assignment or the Agreement: The agreement between the Client and the Designer regarding the execution of work by the Designer.
1.4 The Project: The property, building, or structure, or any part of it, related to the task assigned to the Designer.

2 Agreement, Quote, and Confirmation
2.1 These general terms and conditions (hereinafter: General Terms and Conditions) apply to all offers and the establishment, content, and performance of all agreements concluded between the Client and the Designer regarding the Project. Any deviations from these Terms and Conditions must be expressly agreed upon in writing by both the Client and the Designer.
2.2 Offers are non-binding and are valid for 2 months. Prices are subject to change in case of unforeseen work alterations. Prices are excluding VAT. Quoted rates and offers do not automatically apply to future assignments.
2.3 Assignments are confirmed in writing by the Client. If the Client fails to do so but nevertheless agrees that the Designer begins the assignment, the content of the quote is considered agreed upon, and these General Terms and Conditions apply. Further oral agreements and stipulations only bind the Designer after they have been confirmed in writing by the Designer.

3 Execution of the Agreement
3.1 The Designer aims to carry out the Assignment carefully and independently and independently, to represent the Client's interests to the best of their knowledge, and to strive for a usable result for the Client, as can be reasonably expected from a professionally acting Designer.
3.2 The Client shall do all that is necessary or desirable to enable timely and accurate delivery by the Designer, such as timely providing of materials or information, as indicated by the Designer or as the Client reasonably should understand to be necessary for the execution of the agreement.
3.3 A period stated by the Designer for the performance of the assignment is indicative unless otherwise agreed in writing.
3.4 Unless otherwise agreed, the following are not part of the Designer's assignment:
a. Conducting tests, applying for permits, and assessing whether the Client's instructions comply with legal or quality standards;
b. Conducting research into the existence of rights, including patent rights, trademark rights, design or model rights, copyrights, or portrait rights of third parties;
c. Researching the possibility of the protection forms referred to in b. for the Client.
3.5 Deviations in the (final) result compared to what has been agreed are not a reason for rejection, discount, compensation, or termination of the Agreement if these deviations, taking all circumstances into account, are reasonably of minor significance.
3.6 The Client is obliged to examine the delivered goods immediately upon their availability or the completion of the relevant activities. The Client must examine whether the quality and/or quantity of the delivered corresponds to what has been agreed and meets the requirements agreed upon by the parties. If this is not the case, the Client must report this to the Designer immediately, but in any case no later than fourteen days after discovery, in writing. After that period, the Assignment is deemed to have been properly executed.

4 Engagement of Third Parties
4.1 If, at the request of the Client, the Designer prepares a cost estimate for third-party costs, this estimate is indicative. If desired, the Designer can request quotes on behalf of the Client.
4.2 If, in the execution of the Assignment, the Designer, by explicit agreement, procures goods or services from third parties at their own expense and risk, after which these goods or services are passed on to the Client, the provisions of the general terms and conditions of and/or separate agreements with the supplier regarding warranty and liability also apply to the Client.
4.3 If the Designer, whether or not in the name of the Client, issues orders or instructions to production companies or other third parties, the Client will confirm the approval in writing at the request of the Designer.
4.4 The Client does not engage third parties without consultation with the Designer when this can affect the execution of the Agreement as agreed with the Designer. In such cases, the parties will discuss which other contractors will be engaged and which tasks will be assigned to them.
4.5 The Designer is not liable for errors or defects in products or services of third parties engaged by or on behalf of the Client, whether or not introduced by the Designer. The Client must address these parties themselves. The Designer can provide assistance if desired.

5 Intellectual Property Rights and Ownership Rights
5.1 All intellectual property rights arising from the Assignment - including patent rights, trademark rights, design or model rights, and copyright - in the results of the Assignment belong to the Designer. To the extent that such a right can only be obtained through a filing or registration, only the Designer is authorized to do so, unless otherwise agreed.
5.2 Parties may agree that the rights referred to in the first paragraph are transferred in whole or in part to the Client. This transfer and the possible conditions under which the transfer takes place are always recorded in writing. Until the moment of transfer, a right of use is granted as regulated in Article 5 of these General Terms and Conditions.
5.3 The Designer has the right at all times to (have) their name mentioned or removed in publicity surrounding the result of the Assignment in the usual manner. Without the prior permission of the Designer, the Client is not allowed to make the result public or reproduce it without mentioning the name of the Designer
5.4 Unless otherwise agreed, the (originals of the) results produced by the Designer in the context of the Assignment (such as designs, design sketches, concepts, advice, reports, estimates, specifications, working drawings, illustrations, photos, prototypes, models, molds, prototypes, (partial) products, films, (audio and video) presentations, source codes, and other materials or (electronic) files, etc.) remain the property of the Designer, regardless of whether these are made available to the Client or third parties.
5.5 After completion of the Assignment, neither the Client nor the Designer has a duty to keep the materials and data used, unless otherwise agreed.
5.6 Subject to the interests of the Client, the Designer has the freedom to use the results for their own publicity, acquisition of assignments, and promotion.

6 Fee and Costs
6.1 The fee of the Designer can be agreed upon as follows:
(A) Based on a pre-determined hourly rate; or (B) by a fixed amount, excluding VAT owed by the Client.
6.2 Unless otherwise agreed, the fee mentioned in clause 1 excludes office expenses, costs for prints, copies, (printing) proofs, prototypes, costs of consultants, costs for (supervising) the execution of the construction, costs of revision drawings, costs of (surveying) and drawing existing conditions. These costs are invoiced separately and specified to the Client as much as possible.
6.3 When the Designer is compelled to perform additional work due to the untimely or incomplete provision of data/materials, changed or incorrect instructions or briefings, or external circumstances, these services will be remunerated separately, based on the customary fee rates of the Designer. The Designer will inform the Client in advance, unless circumstances do not allow or the nature of the work does not permit delay.
6.4 If the execution of the assignment is delayed or interrupted by circumstances that cannot be attributed to the Designer, the Client is obliged to reimburse any costs incurred. The Designer will try to limit the costs as much as possible.
6.5 Separate compensation is due for costs that were unforeseen at the time of accepting the assignment.
6.6 The Client is obligated to pay a separate fee for additional work (extra work) carried out by the Designer as a result of: (a) changed (government) regulations or government decisions, or (b) changes to the design at the request of the Client, after the design has been finalized or approved.The Designer will inform the Client in a timely manner about the nature of the additional work and its costs unless it is not possible due to circumstances, and the nature of the work does not allow for a delay or results in serious delay.
6.7 If it becomes apparent during the execution of the Assignment that additional work must be carried out by the Designer or a third party hired by the Designer, without it being the result of the situations mentioned in clause 6.6, the parties will adjust the Agreement in mutual consultation.

7 Payment and Suspension
7.1 All payments must be made without deduction, set-off, or suspension, within 14 days after the invoice date unless otherwise agreed in writing or stated differently on the invoice.
7.2 All items delivered to the Client remain the property of the Designer until all amounts owed by the Client to the Designer under the agreement between the parties have been fully paid.
7.3 If the Client is in default with the full or partial payment of the amounts due, the Client is liable for statutory interest and extrajudicial collection costs, which amount to at least 10% of the invoice amount with a minimum of €150,- excluding VAT.
7.4 The Designer ensures timely invoicing. In consultation with the Client, the Designer may invoice agreed fees and costs as an advance, interim, or periodic payment.
7.5 The Designer may suspend the execution of the assignment after the payment term has expired, and the Client, after being notified in writing, fails to pay within 14 days, or when the Designer must understand from a communication or behavior of the Client that payment will be omitted.

8 Termination and Dissolution of the Agreement
8.1 If the Client terminates the agreement without any attributable failure by the Designer, or if the Designer terminates the agreement due to an attributable failure in the performance of the Agreement by the Client, the Client, in addition to the fee and costs incurred for work performed up to that point, is liable for damages. Behaviors of the Client on the basis of which it can reasonably be expected that the Assignment will not be completed are also considered attributable failure.
8.2 The damages referred to in the preceding paragraph include at least the costs resulting from the commitments entered into by the Designer on his own behalf for the fulfillment of the Assignment with third parties, as well as at least 30% of the remaining part of the fee that the Client would owe for the complete fulfillment of the Assignment.
8.3 Both the Designer and the Client have the right to immediately terminate the Agreement in whole or in part, and all amounts due become immediately due and payable, when a request for bankruptcy, (provisional) suspension, or debt restructuring is filed with regard to the other party.

9 Guarantees and Indemnities
9.1 The Designer guarantees that the delivered is designed by or on behalf of her and that, if there is copyright on the result, she qualifies as the creator within the meaning of the Copyright Act and can dispose of the copyright to the work. The Designer guarantees that the result of the Assignment at the time of its creation, as far as she knows or reasonably should know, does not infringe on the rights of third parties or is otherwise unlawful.
9.2 When the Client uses the results of the Assignment, the Client ensures the Designer or third parties engaged by the Designer for all claims from third parties arising from the applications or use of the results of the Assignment. This does not affect the liability of the Designer towards the Client for non-fulfillment of the guarantees as referred to in the preceding paragraph and other liability as referred to in Article 10 of these General Terms and Conditions.
9.3 The Client ensures the Designer against claims relating to intellectual property rights on all materials and/or data provided by the Client, which are used in the execution of the Assignment.

10 Liability and statute of limitations
10.1 In case of attributable failure, the Designer must first be given written notice of default, with a reasonable period to still fulfill her obligations, or to correct any errors or limit or eliminate damage resulting from these errors.
10.2 If certain parts of the Assignment, including structural and installation advice, are carried out by third parties, the Designer is not liable for these parts and for the actions of these third parties. In such cases, these third parties must be addressed independently.
10.3 The Designer is not liable for indirect damage to the Client or third parties, including consequential and business damage.
10.4 The Designer is authorized to rectify errors for which she is liable at her own expense and/or to limit or eliminate the damage resulting from these errors.
10.5 The Designer is not liable for damage of any kind caused by the Designer assuming incorrect and/or incomplete data provided by or on behalf of the customer.
10.6 If the Designer's design cannot be executed for the estimated construction sum, and this circumstance is attributable to the Designer, the Designer is only obliged to revise her design without being liable for any additional costs. The costs of revising the design are in that case for the account of the Designer.
10.7 Except in the case of intent or deliberate recklessness on the part of the Designer, the liability of the Designer is limited to the fee of the Designer for the Assignment, or at least that part of the Assignment to which the liability relates. In any case, this amount is at all times limited to a maximum of the amount that the insurer pays to the Designer in the relevant case. The amount for which the Designer is liable in the relevant case is reduced by any amounts that the Client is insured for.
10.8 Any claim for compensation expires if the claim is not communicated to the Designer in writing within 14 days after the discovery of the damage or defect. In any case, any claim for compensation expires if it is not brought to court within one year from the day on which the Assignment was completed or terminated.

11 Other Provisions
11.1 If the Client wishes to assign the same assignment to others than the Designer simultaneously or has already assigned the assignment to another party, the Client shall inform the Contractor, stating the names of these others.
11.2 The Client is not allowed to transfer any rights from an agreement concluded with the Designer to third parties, except in the case of the transfer of his entire business or with the written consent of the Designer.
11.3 Parties are obliged to maintain confidentiality of all confidential information, facts, and circumstances that come to their knowledge in the context of the Assignment, from each other or from another source, and of which it can reasonably be understood that disclosure or communication to third parties could cause damage to the Designer or the Client. Third parties involved in the execution of the Assignment will be bound by the same confidential treatment with respect to these facts and circumstances originating from the other party.
11.4 If any provision of these General Terms and Conditions is null and void or is annulled, the other provisions of these General Terms and Conditions will remain in full force. In that case, the parties will consult with the aim of agreeing on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and scope of the null and void or annulled provisions.
11.5 Dutch law applies to the agreement between the Designer and the Client. The parties will initially attempt to resolve any disputes arising in mutual consultation. Except when parties have expressly agreed on arbitration in writing, the court competent according to the law, or the court in the district where the Designer is located, at the choice of the Designer, has jurisdiction over disputes between the Designer and the Client.

12 Location and Amendment of Conditions
12.1 The general terms and conditions are published on www.interiorblends.com.
12.2 They can be requested separately via email: hello@interiorblends.com.
12.3 The version that applied at the time of the establishment of the legal relationship with the Designer is always applicable.