General Terms and Conditions

These general terms and conditions apply to all quotations, documents, agreements and/or services, transactions and goods advised or delivered by MRS BV, hereinafter referred to as STYLE AT HOME and/or between its Clients, hereinafter referred to as CLIENT.

The general terms and conditions also apply to employees, the network, management and parties appointed by STYLE AT HOME, hereinafter referred to as CLIENT.

These terms and conditions are considered formally and expressly accepted by the CLIENT. Own terms and conditions of the CLIENT or third parties are not applicable, even if these have not been expressly rejected by STYLE AT HOME. Any expressly and written agreed deviations do not grant the CLIENT rights in the future and do not affect the other provisions of these general terms and conditions.

If a situation arises between parties that is not regulated in these general terms and conditions, the situation should be assessed according to the spirit of these general terms and conditions.

The description of goods also includes goods intended for rental, being home furnishings, household effects, (art) objects, decorative pieces, accessories and household appliances.

Article 1 – Quotations

All quotations, proposals, offers, catalogues, brochures, price lists and information of any nature from STYLE AT HOME are non-binding and do not bind STYLE AT HOME. A quotation is only valid for a period of 14 calendar days, unless expressly provided otherwise. As long as the quotation has not been accepted, it can be unilaterally changed or revoked by STYLE AT HOME.

Article 2 – Orders and acceptances

2.1. The signature for approval of a quotation or any other action on the part of the CLIENT whereby a quotation is accepted without reservation, binds the CLIENT definitively.

2.2. When payment of an advance is provided, STYLE AT HOME is only bound to execute the order after full payment of the amount. Any execution terms are suspended until after payment. Any advance received in connection with the order is definitively acquired by STYLE AT HOME.

2.3. Any change to an order or an initial quotation releases STYLE AT HOME from the obligation to comply with the originally promised execution term and gives STYLE AT HOME the right to revise the price.

2.4. In case of cancellation of an assignment or agreement, the part of the executed assignment and any part of the assignment that is in execution at the moment of effective receipt of the cancellation must be paid, with a minimum of 10% of the assignment or approved quotation, with a minimum of EUR 250 (two hundred and fifty euros).

Article 3 – Price and payments

3.1. All prices stated in quotations, offers, proposals, catalogues, brochures, price lists, information, agreements or other documents are exclusive of VAT, travel costs, travel and accommodation costs, delivery and installation costs, shipping and administrative costs, government levies or third-party costs unless otherwise stated.

3.2. The price stated in quotations, proposals, offers and price lists only concerns the remuneration for the services and goods of STYLE AT HOME and not the services of third parties, such as real estate agents or brokers, architects, (sub)contractors, execution or installation companies, maintenance crews, material suppliers, moving or delivery companies, etc. Any quotations, proposals, offers, price lists, services and goods from these third parties – even if added to a quotation, proposal, offer or price lists of STYLE AT HOME – can in no way bind STYLE AT HOME.

3.3. A composite quotation does not oblige STYLE AT HOME to perform the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.

3.4. STYLE AT HOME has the right, without explanation, to demand immediate payment of the ongoing rental terms with costs and/or to consider the rental agreement immediately dissolved and to repossess the rented movable property. This without intervention of the court and without prejudice to the right to demand compensation for costs, damages and interest from the CLIENT, without prejudice to all rights under the Civil Code in case of:

• failure to pay rent on time by CLIENT;
• when CLIENT does not strictly comply with one or more other provisions of this agreement;
• when CLIENT at any time refuses to identify themselves or provide a changed address;
• when seizure is placed on movable or immovable property of the CLIENT or on a part thereof, or on the property hereby rented to CLIENT or a part thereof;
• when CLIENT requests suspension of payments;
• when CLIENT enters into bankruptcy or liquidation;
• in case of death of the CLIENT or placement under guardianship.

Article 4 – Execution of assignment – delivery of services & goods

4.1. STYLE AT HOME will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship. The CLIENT expressly accepts that the services and goods to be delivered by STYLE AT HOME comprise an obligation of means and not an obligation of result.

4.2. STYLE AT HOME guarantees no result, in particular regarding the sale or rental of the property of the CLIENT or their customer. If and insofar as proper execution of the agreement requires it, STYLE AT HOME has the right to have certain work performed by third parties.

4.3. The CLIENT provides all information in time and makes decisions in time that are necessary for proper execution of the agreement.

If data required for the execution of the agreement were not or not timely provided to STYLE AT HOME, STYLE AT HOME has the right to suspend the execution of the agreement and/or charge the CLIENT for additional costs arising from the delay. STYLE AT HOME is not liable for damage, of any nature, because STYLE AT HOME relied on incorrect and/or incomplete data provided by the CLIENT.

4.4. Indication of execution terms are always approximate and only bind STYLE AT HOME to the best possible observance thereof without guarantee of execution within the set term. Any exceeding of the execution term by STYLE AT HOME – for whatever reason – cannot give rise to compensation, withholding or cancellation of the agreement or assignment. Where possible, STYLE AT HOME will inform the CLIENT in time about the delay and the costs this entails.

4.5. If the services of STYLE AT HOME only consist of providing advice to CLIENT regarding real estate styling, STYLE AT HOME does not guarantee the execution of the renovation, beautification and modification work advised by them. These remain exclusively under the authority and responsibility of the CLIENT and their chosen architect, (sub)contractors or executors to whom the CLIENT gives an assignment in that sense. STYLE AT HOME can therefore in no way be considered or acquire the capacity, towards the CLIENT or towards third parties, of architect, (sub)contractor or executor of renovation, beautification or modification work or any other work related to this advice. In any case, only the CLIENT remains the building owner and it is their full responsibility to make all necessary arrangements (particularly regarding price and execution) with the architect, (sub)contractor or executors of the work.

4.6. The agreement between CLIENT and STYLE AT HOME is concluded for a definite period, unless the nature of the agreement indicates otherwise or if parties expressly agree otherwise.

4.7. Delivery takes place EX WORKS STYLE AT HOME. The CLIENT is obliged to take delivery of the goods and services at the moment they are made available or offered. The risk of loss, theft and damage passes to the CLIENT at the moment the goods and services are offered for their disposal. If the CLIENT refuses delivery or is negligent in providing instructions or information important for proper handling of the agreement, STYLE AT HOME has the right to store the rented goods and charge all resulting costs to CLIENT.

4.8. On the day of delivery, the CLIENT makes the property accessible to STYLE AT HOME between 8 am and 6 pm, cleaned and tidy. Upon arrival of STYLE AT HOME, CLIENT opens the home for execution of the assignment. At the end of the assignment, CLIENT closes the home. If STYLE AT HOME is required to collect/deliver the key of the home elsewhere, STYLE AT HOME charges CLIENT a flat rate compensation of EUR 65 (sixty-five euros)/hour and EUR 0.75 (seventy-five eurocents) per driven km from the warehouses of STYLE AT HOME, with a minimum of EUR 75 (seventy-five euros) per incident.

4.9. The CLIENT provides a free loading and unloading area at the entrance of the property. If STYLE AT HOME cannot/may not use the internal elevator of the property, CLIENT arranges at their own expense for a moving elevator with personnel and requests at their own expense police boards for placement of the moving elevator at the entrance of the property. The CLIENT must take all necessary precautions so that the vehicles of STYLE AT HOME can be immediately unloaded or loaded upon arrival.

4.10. If the goods cannot be delivered at the agreed time and/or the space in which the goods are placed is not cleaned or not finished, STYLE AT HOME will charge a supplement of EUR 650 (six hundred and fifty euros) per incident and a new delivery term will be agreed. STYLE AT HOME charges waiting time of EUR 65 (sixty-five euros)/hour/person, 150% after 6 pm, 200% on Sundays and holidays.

4.11. The CLIENT must honestly and completely indicate all factors that can influence normal work or increase the degree of difficulty. The CLIENT is obliged to provide STYLE AT HOME in advance of the execution of the assignment with a layout plan and floor plan with the precise location of the property (e.g. in a residential project) and the layout of the spaces within the property, possibly a lighting plan. The CLIENT must point out whether or not there is easy access for the moving truck and moving elevator; whether the windows and doors are wide/high enough to bring larger objects in/out; whether public works are being carried out that could hinder the assignment; whether one has to go up or down slopes; whether one has to cross dirt roads, ditches or other obstacles; whether the stairs are wide enough; whether there is an elevator and whether it may be used by STYLE AT HOME; whether the facades and/or balconies of the building can withstand the professional placement of ladder lifts; what the maximum floor load is of both the property from which one is moving and the property where the goods are to be delivered; without this list being exhaustive. All consequences of concealment, negligence or errors about this by the CLIENT are at the expense of the CLIENT.

4.12. The delivered goods may only be moved or handled by, or under supervision of, STYLE AT HOME. It is expressly forbidden for the CLIENT to move or handle goods delivered by STYLE AT HOME.

Article 5 – Payment

5.1. The amount of invoices is payable on invoice date to STYLE AT HOME, without the right for the CLIENT to apply a discount, unless otherwise agreed. All payment costs are at the expense of the CLIENT. All invoices from STYLE AT HOME are payable by CLIENT before effective execution of the assignment, namely: placement, shipment, relocation or handling of goods, extension of rental period, real estate styling advice, training, etc., unless expressly and in advance a different payment term was allowed to the CLIENT by STYLE AT HOME.

5.2. In the absence of full payment of an outstanding balance within the above-mentioned term, STYLE AT HOME will, from the day following this term, by law and without requiring a notice of default, be entitled to default interest set at 1% (one percent) per month calculated on the principal sum and the full damage clause, with a minimum of EUR 50 (fifty euros) excl. VAT per month, regardless of collection costs that are always at the expense of the CLIENT. Moreover, the CLIENT will in that case owe a flat rate compensation equal to 10% (ten percent) calculated on the principal sum and the full damage clause, with a minimum of EUR 250 (two hundred and fifty euros) excl. VAT, regardless of collection costs that are always at the expense of the CLIENT. The default interest and flat rate compensation are calculated on the full outstanding damage clause, consisting of – but not exclusively – the principal sum, court costs, bailiff costs, collection costs and accrued interest.

Payment of default interest and flat rate compensation does not exclude that STYLE AT HOME can assert other claims.

5.3. In no way is it allowed for the CLIENT to take or use photos of an execution by STYLE AT HOME, without prior payment of the invoice.

5.4. In case the CLIENT has not paid one invoice on its due date, all other invoices – including those not yet due – become immediately payable.

5.5. Unless expressly allowed by STYLE AT HOME, no withholding by the CLIENT as guarantee is permitted.

5.6. Payments are offset against accrued interest, damages and collection costs and only then against outstanding (balances of) invoice(s), whereby the longest outstanding amounts are also offset first regardless of any remark(s) or mention(s) by the CLIENT.

5.7. Filing a complaint, nor returning an incorrect invoice suspends the payment obligation of the CLIENT.

5.8. On November 13, 2009, the Council of Ministers decided to equate electronic invoicing with paper invoicing for treatment by the VAT administration. To encourage its use, the administration will no longer determine which methods companies must use to guarantee the authenticity of their electronic invoices. Thus, companies can themselves determine which is the most appropriate way to send, receive, process and archive invoices. The authenticity of origin and integrity of invoice content must of course remain guaranteed throughout the complete retention period.

This electronic invoicing can only be done with the agreement of the CLIENT. Without contrary message from the CLIENT, STYLE AT HOME assumes that CLIENT tacitly agrees to this electronic transmission.

5.9. If CLIENT cannot agree with this method of electronic invoicing, STYLE AT HOME still offers its CLIENTs the possibility to receive paper invoices. However, STYLE AT HOME will charge an administrative processing cost of EUR 35 (thirty-five euros) per paper invoice.

Article 6 – Complaints – limitation period

6.1. The conformity of services, goods and/or work must be examined by the CLIENT at the moment of delivery.

6.2. Any complaint regarding non-conforming services, goods or any visible defect must be communicated in writing to STYLE AT HOME within 7 days from delivery of the services and goods. After this period, the services and goods are deemed to have been delivered properly and in conformity with all standards.

6.3. To be admissible, complaints must be sent in writing and by registered mail within the aforementioned periods. STYLE AT HOME has the right to investigate the complaint. The CLIENT will provide full cooperation in this. If no cooperation is provided, all rights of the CLIENT are forfeited.

6.4. If a complaint proves to be unfounded, all costs arising from this, such as investigation, lawyer and court costs, are at the expense of the CLIENT.

6.5. In deviation from the legal limitation periods, the limitation period of all claims, complaints and defenses against STYLE AT HOME is 1 year.

Article 7 – Force majeure

7.1. Force majeure means any circumstance independent of STYLE AT HOME’s will whereby normal execution of the agreement can reasonably no longer be demanded. Force majeure includes theft, flooding, fire, explosion, defective machines, power outages or strikes, whether or not at third parties, and any circumstance whereby it is not possible for STYLE AT HOME to execute the agreement wholly or partially in time in a normal manner, regardless of whether these circumstances were foreseeable or not at the moment of concluding the agreement or accepting the assignment.

7.2. During the period of force majeure, STYLE AT HOME may refrain from delivering services and goods. For the rest, the concluded agreement remains valid.

7.3. If execution of the agreement has become permanently impossible due to force majeure or can reasonably no longer be demanded from STYLE AT HOME, STYLE AT HOME is entitled to dissolve the agreement with the CLIENT, without STYLE AT HOME being liable for any compensation.

Article 8 – Liability and/or execution compensation

8.1. If STYLE AT HOME is liable for any damage to the CLIENT due to a fault, liability is limited to a maximum of the costs of delivered services and goods, limited to the part of the assignment to which liability relates.

8.2. If the responsibility of STYLE AT HOME would be retained as a result of non-performance or poor performance of the agreement, the total of compensations will not exceed an amount of 10% of the invoice amount limited to the part to which the execution relates.

8.3. STYLE AT HOME cannot be held responsible for attributable negligence, shortcomings, defaults or incorrect and/or incomplete data provision by the CLIENT that prevent, reduce, delay or make impossible the execution of the agreement or assignment.

8.4. STYLE AT HOME can never be held liable for indirect or unforeseeable damage.

8.5. Without prejudice to the foregoing, the liability and damage amount paid by STYLE AT HOME can in no case exceed the maximum amount for which STYLE AT HOME is insured.

8.6. In no case does STYLE AT HOME bear any liability or responsibility as architect or contractor if work is carried out by an external party based on their advice or services. The CLIENT remains in this case solely liable as building owner and ultimately responsible.

8.7. If STYLE AT HOME is approached by a third party for compensation of damage that is directly or indirectly related to the delivery of services or goods, the CLIENT is obliged to fully indemnify STYLE AT HOME from any compensation that STYLE AT HOME must pay to this third party.

Article 9 – Suspension and dissolution

9.1. STYLE AT HOME is authorized to suspend execution of its obligations if the CLIENT does not, not completely or not timely fulfill obligations from the agreement or assignment.

9.2. STYLE AT HOME has the right, if the CLIENT – after a registered notice of default – does not proceed to payment of delivered services or goods or otherwise does not execute the agreement or makes execution impossible, to either demand forced execution of the agreement, or to consider the agreement as broken. In the latter case, the CLIENT owes STYLE AT HOME compensation for breach of contract in the amount of 10% of the contract price, with a minimum of EUR 250 (two hundred and fifty euros) and under express reservation of the possibility to claim higher damage.

Article 10 – Intellectual property rights

10.1. STYLE AT HOME reserves – without being liable for compensation – the rights that accrue to it under copyright law and other intellectual legislation and regulations. STYLE AT HOME has the right to use knowledge and property rights acquired through execution of an agreement for other purposes or to transfer them to third parties, insofar as no strictly confidential information of the CLIENT is disclosed.

10.2. STYLE AT HOME has the right to refer in its communication to (potential) customers in the form of photos, website, brochures, etc., to services and goods delivered to the CLIENT. The CLIENT can only refer to (the agreement with) STYLE AT HOME and the services and goods delivered by them, after prior and written agreement of STYLE AT HOME.

Article 11 – Retention of title – insurance – right of recovery of goods

11.1. The borrowed goods remain the property of STYLE AT HOME at all times. The CLIENT is not entitled to bring the borrowed goods to an address other than the agreed address, nor to make these goods available to third parties or to sublet them. In case of deviation from this, STYLE AT HOME reserves the right to immediately collect all goods and dissolve the agreement resulting in compensation. CLIENT can in no case claim partial or complete execution of the agreement, nor a (damage) amount.

11.2. The borrowed goods may in no case be resold nor used as payment. The CLIENT is not authorized to pledge or otherwise encumber what falls under the retention of title.

11.3. The CLIENT must do everything that can reasonably be expected of them to secure the property rights of STYLE AT HOME.

11.4. If third parties seize what was delivered under retention of title or want to exercise or assert rights to it, then the CLIENT is obliged to immediately inform STYLE AT HOME thereof.

11.5. Furthermore, the CLIENT undertakes to insure and keep insured what was delivered under retention of title against fire, explosion and water damage as well as against theft and to provide the policy of this insurance to STYLE AT HOME for inspection upon first request. In case of any insurance payout, STYLE AT HOME is the first beneficiary of insurance funds. Insofar as necessary, CLIENT undertakes towards STYLE AT HOME to provide full cooperation in everything that is necessary or desirable in that context.

11.6. In case STYLE AT HOME wants to exercise its property rights, the CLIENT gives unconditional and express permission to STYLE AT HOME and third parties to be designated by STYLE AT HOME to enter all places where the properties of STYLE AT HOME are located and to take them back.

11.7. CLIENT is not authorized to use the delivered goods for anything other than show models unless otherwise agreed.

11.8. CLIENT is obliged to ensure that the delivered goods are in delivered condition after the end of the contractual period. During the rental period, CLIENT heats the furnished rooms and ensures regular ventilation. Should the delivered goods have visible damage, then CLIENT is obliged to compensate this damage for the fair amount indicated by STYLE AT HOME.

Article 12 – Applicable law, competent court

12.1. Belgian law applies to all agreements to which these general terms and conditions apply wholly or partially.

12.2. All disputes that may arise in connection with agreements to which these terms and conditions apply wholly or partially, will be exclusively adjudicated by the court of the judicial district where the registered office of STYLE AT HOME is located, even in case of plurality of defendants, counterclaim, intervention, warranty and summary proceedings.