Article 1 – Definitions

1. Listing and Living: Listing and Living, established in Eindhoven, KvK number
2. Client: the person with whom Listing and Living is an agreement
3. Parties: Listing and Living and Client
4. Consumer: a Customer who is also an individual and who, as a private person

Article 2 – Applicability.

1. These terms and conditions shall apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Listing and Living.
2. Listing and Living and the Client may deviate from these terms and conditions only if in writing
3. Listing and Living and the Client expressly exclude the applicability of the general terms and conditions of the Client or others.

Article 3 – Offers and quotations

1. Offers and quotations of Listing and Living shall be without obligation, unless expressly stated otherwise therein.
2. An offer or quotation is valid for a maximum of 2 weeks, unless there is a different time period in the offer or quotation
3. If the Customer does not accept an offer or quotation within the applicable period, the offer or the
4. Offers and quotations do not apply to repeat orders, unless Listing and Living and the Customer have agreed in writing

Article 4 – Acceptance

1. Upon acceptance of an offer or quotation free of obligation, Listing and Living may still withdraw the offer or quotation within 3 days of receipt of the acceptance, without the Client being entitled to any rights from this
2. Verbal acceptance from the Client only binds Listing and Living after the Client has confirmed it in writing or electronically.

Article 5 – Prices

1. Listing and Living uses prices in euros, including VAT and excluding any other costs such as administration fees, levies and travel, shipping or transport costs, unless otherwise agreed in writing
2. Listing and Living may change the prices of its services and products on its website and in other communications at any time.
3. Listing and Living offers services on a no cure no
4. In the case of no cure no pay, the payment obligation for the Client arises at the time the agreed result is achieved.

Article 6 – Payments and term of payment

1. Listing and Living may, upon entering into the agreement, require a deposit of up to 50% of the agreed amount
2. The Customer must have a subsequent payment within 14 days of delivery
3. The payment terms used by Listing and Living are strict payment terms.
   This means that if the Client has not paid the agreed amount no later than the last day of the payment period, he is automatically in default and in default, without Listing and Living having to send the Client a reminder or give notice of default.
4. Listing and Living may condition a delivery on immediate payment or require security for the total amount of the services or products.

Article 7 – Consequences of late payment

1. If the Client fails to pay within the agreed period, Listing and Living may charge the legal interest rate per month for non-commercial transactions from the day the Client is in default, with part of a month counting for a whole month.
2. If the Client is in default, he must also pay extrajudicial collection costs and any damages to Listing and Living.
3. Collection costs are calculated according to the Decree on Compensation for Extrajudicial
4. If Customer fails to pay on time, Listing and Living may suspend its obligations until Customer has
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the Client, the claims of Listing and Living against the Client shall be immediately due and payable.
6. If the Client refuses to cooperate with Listing and Living’s execution of the agreement, the Client must still pay the agreed price.

Article 8 – Right of withdrawal

1. A consumer may undo an online purchase within 14 days of purchase without giving a reason This right of withdrawal does not apply when:
   • the service involves accommodation, travel, restaurant services, transportation, catering services or leisure activities
   • it is an emergency repair
   • it involves betting or lotteries
   • the consumer has waived his right of withdrawal
   • it relates to a service that is performed with the consent of the Customer in full within the cooling-off period and in which the Customer has expressly waived his right of withdrawal
2. The 14-day cooling-off period in paragraph 1, begins:

• • once the consumer has entered into an agreement to provide a service
  • once the consumer has confirmed that he will purchase digital content over the Internet

3. Consumers may exercise their cooling-off period by sending an email with that subject to info@listingandliving.nl, possibly using the withdrawal form available on Listing and Living’s website, listingandliving.co.uk.

Article 9 – Insurance

1. The Customer must adequately insure and keep the following items insured against, among other things, fire, explosion and water damage, and theft:
   • delivered items that are necessary for the performance of the underlying agreement items from Listing and Living that are on the Client’s premises
   • goods delivered under retention of title
2. The Client shall, at Listing and Living’s first request, give the policy of such insurance for

Article 10 – Warranty

1. When the Client and Listing and Living have entered into an agreement of a service nature, it contains for Listing and Living only an obligation of effort and thus no obligation of result.

Article 11 – Execution of the agreement

1. Listing and Living shall execute the agreement to the best of its knowledge and ability and according to the requirements of good workmanship.
2. Listing and Living may have all or part of the agreed services performed by
3. Execution of the agreement shall be by mutual agreement and after written agreement and payment of any advance by the Customer.
4. The Client must ensure that Listing and Living can begin the performance of the
5. If the Client fails to ensure that Listing and Living can begin in a timely manner, the resulting additional costs shall be borne by the Client.

Article 12 – Provision of information by the Customer

1. The Client shall make all information, data and documents relevant to the correct execution of the agreement available to Listing and Living in a timely manner and in the desired form and manner.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise
3. When and to the extent requested by the Client, Listing and Living shall return the relevant
4. If the Client fails to make available the information, data or documents reasonably required by Listing and Living, or fails to do so on time or properly, and the execution of the agreement is delayed as a result, the resulting extra costs and extra hours shall be borne by the Client.

Article 13 – Intellectual property

1. Listing and Living retains all intellectual property rights to all designs, drawings, writings, carriers of data or other information, quotations, illustrations, sketches, models and models, unless otherwise
2. The Client may not display, make available or otherwise use the intellectual property rights in paragraph 1 to others without the prior written consent of Listing and Living.

Article 14 – Secrecy

1. The Client shall retain any information, in any form, received from Listing and Living
2. The same applies to any other information regarding Listing and Living that the Client knows or can reasonably suspect to be secret or confidential, or of which he can expect that its dissemination may harm Listing and Living.
3. The Customer shall take all necessary measures to ensure that it provides the information in paragraphs 1 and 2
4. The duty of confidentiality described in this article does not apply to information:
   • which was already in the public domain before the Customer learned of it or which subsequently became public without being the result of a breach of the Customer’s duty of confidentiality
   • disclosed by the Customer pursuant to a legal duty

5. The obligation of confidentiality described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiration.

Article 15 – Penalty clause

1. If the Client violates the article on confidentiality or intellectual property, it must pay Listing and Living an immediately due and payable fine for each violation.
2. If the Customer is a consumer, the penalty in paragraph 1: € 000.
3. If the Customer is not a consumer then the penalty in paragraph 1 is: € 000
4. In addition, the Customer must pay an amount of 5% of applicable amount in paragraph 2 or 3 for each day that such violation continues.
5. The Customer must pay the penalty in paragraph 1 without the need for a notice of default or court proceedings There is also no need for damages.
6. Listing and Living may seek damages from the

Article 16 – Indemnification

1. The Client indemnifies Listing and Living against all claims by others related to the products and/or services provided by Listing and Living.

Article 17 – Complaints

1. The Customer must examine a product supplied or service provided by Listing and Living for any deficiencies as soon as possible.
2. If a product delivered or service rendered does not meet that which the Customer could reasonably expect, the Customer must notify Listing and Living within 1 month of establishing the
3. A consumer must notify Listing and Living no later than 2 months after discovering the deficiency.
4. In doing so, the Client shall provide as detailed a description of the shortcoming as possible, so that Listing and Living can respond appropriately.
5. The Client must show that the complaint relates to an agreement between the Client and Listing and
6. If a complaint is about work in progress, the Client cannot demand that Listing and Living perform any work other than that agreed upon.

Article 18 – Notice of default

1. Customer must give written notice of any default to Listing and
2. The Client is responsible for ensuring that his notice of default Listing and Living is actually timely

Article 19 – Liability of Customer

1. When Listing and Living enters into an agreement with multiple Clients, each is jointly and severally liable for the performance of the agreements in that agreement.

Article 20 – Liability Listing and Living

1. Listing and Living shall only be liable for damage suffered by the Customer if such damage was caused by intentional or deliberate recklessness.
2. If Listing and Living is liable for damages, this applies only to direct damages related to the performance of an underlying agreement.
3. Listing and Living is not liable for indirect damages, such as consequential damages, lost profits or damage to
4. If Listing and Living is liable, this liability shall be limited to the amount paid out by any (professional) liability insurance taken out.
   If no insurance has been taken out or no amount is paid out, the liability shall be limited to the (part of the) invoice amount to which the liability relates.
5. All images, photographs, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, rescission or suspension.

Article 21 – Due date

1. Any right of the Client to compensation of Listing and Living expires 12 months after the event from which the liability directly or indirectly This does not exclude the provisions of Article 6:89 BW.

Article 22 – Dissolution

1. The Client may rescind the agreement if Listing and Living fails imputably in the fulfillment of its obligations, unless such failure does not justify the rescission due to its special nature or minor importance.
2. If fulfillment of the obligations by Listing and Living is still possible, dissolution can only take place after Listing and Living is in default.
3. Listing and Living may cancel the agreement with the Client if the Client fails to fulfill his obligations under the agreement in full or in a timely manner, or if Listing and Living has learned of circumstances that give it good reason to believe that the Client will not fulfill his obligations.

Article 23 – Force majeure

1. In addition to Article 6:75 of the Dutch Civil Code, a failure of Listing and Living by the Client cannot be attributed to Listing and Living in the event of force majeure.
2. The force majeure situation in paragraph 1 includes:
   • an emergency such as civil war or natural disaster
   • default or force majeure of suppliers, deliverers or others
   • power, electricity, internet, computer or telecom failures
   • computer viruses
   • strikes
   • government measures
   • transport problems
   • adverse weather conditions
   • work stoppages
3. If a force majeure situation occurs that prevents Listing and Living from fulfilling 1 or more obligations to the Client, those obligations shall be suspended until Listing and Living can fulfill them.
4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Client and Listing and Living may cancel all or part of the agreement in writing.
5. Listing and Living does not have to pay any compensation to the Client in a force majeure situation, even if Listing and Living benefits from this.

Article 24 – Modification of agreement

1. When it is necessary for its execution to modify a concluded agreement, the Client and Listing and Living may modify the agreement.

Article 25 – Modification of general conditions

1. Listing and Living may amend these general conditions
2. Changes of minor importance may be made by Listing and Living at any time.
3. Major changes will be discussed by Listing and Living with the Client in advance to the extent possible.
4. A consumer may terminate the underlying contract if the general terms and conditions are substantially changed.

Article 26 – Transfer of rights

1. The Client may not assign any rights under an agreement with Listing and Living to others without the written consent of Listing and Living.
2. This provision counts as a clause with property law effect as in Article 3:83 paragraph 2 of the Civil Code.

Article 27 – Consequences of nullity or voidability

1. If 1 or more provisions of these terms and conditions prove to be void or voidable, this will not affect the remaining provisions of these terms and conditions.
2. A provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Listing and Living intended when drafting the terms and conditions on that point.

Article 28 – Applicable law and competent court

1. These general terms and conditions and any underlying agreement between the Client and Listing and Living shall be governed by Dutch law.
2. The court in the district of Listing and Living’s place of business shall have exclusive jurisdiction over any disputes between the Client and Listing and Living, unless otherwise provided by law.

Retrieved July 01, 2024.