Terms and Conditions⎜ BeautifulWall

MooieMuur
Address: Plantijnstraat 72, 2321 JG Leiden
Chamber of Commerce: 34291606
VAT no.: NL001587424B96

Article 1. Concepts

1. For the purposes of these general terms and conditions, work is understood to mean the provision of services as an artist in the broadest sense of the word, without any subordination and outside employment or contracting work.
2. For the purposes of these general terms and conditions, client is taken to mean private individuals, municipal and government authorities and/or business or professional clients.
3. For the purposes of these general terms and conditions, the contractor is understood to mean MooiMuur and employees designated by it who are (co-) involved in the execution of the assignments, acting in the exercise of their profession or business.

Article 2. General

Article 3. The conclusion of the order confirmation

1. The quotations and offers made by MooiMuur are non-binding and revocable.
2. The quotation only relates to the services or products stated in the quotation and is not a definitive contract of assignment. For a final contract of assignment on the basis of the amounts and proposals stated in this quotation, the document must preferably be returned signed for approval within the specified validity period or otherwise confirmed in writing. With this confirmation, the quotation is automatically converted into an assignment agreement for the specified assignment. Both post and e-mail are valid means of confirming an offer for an agreement.
3. These general terms and conditions apply to all assignment agreements, the offer thereto and/or the acceptance thereof, unless expressly agreed otherwise in writing.
4. In order to realize a transparent service, the expected time frame, the specification of surface area and required amount of material, design and preparation phase, the implementation and other cost items are broken down into a clear quotation or price indication. The only exceptions to this are small projects with a predetermined “All-in” price and partial invoices that are part of a large project with multiple payment terms.
5. Unless otherwise agreed, quotations and offers are valid for 3 months after date.

Article 4. Changing and/or supplementing the contents of the order confirmation

1. MooiMuur and the client are entitled to change the content of the assignment. Such a change requires the express consent of the other party.
2. MooiMuur is entitled, if and insofar as it deems this necessary for the proper execution of the assignment, to carry out more work (or have it carried out) than the work as agreed. MooiMuur will inform the client as soon as possible about this extra work. The usual rates apply to these extra activities.
3. If the client still wishes to have changes made to the design after approval of the design, additional work will be charged for this at the usual rates.
4. Extra work during the execution of the project, arising from additional wishes of the client, will be charged at the usual rates. Such changes include adjustments to the design, painting over (part of) the mural, preparatory work such as masking off an area again, etc.

Article 5. Obligations of the contractor

1. MooiWuur is obliged to carefully carry out the work assigned to it (or have it carried out).
2. In principle, MooiWuur determines at its own discretion the way in which it carries out the work. Although the client is free to give further instructions, MooiMuur is free to assess whether these fit within the assignment given to it or the way in which it wishes to carry out the assignment as a good and careful contractor.
3. MooiMuur is entitled to outsource certain activities to (a) third party(ies) without prior permission from the client, as long as this does not adversely affect the nature of the activities and the quality for the client.
4. MooiMuur reserves the right at all times to replace the employees named in the agreement with persons of comparable seniority, quality and experience in the field of the activities referred to.

Article 6. Liability of the contractor

1. Insofar as the client and MooiMuur have agreed on terms within which the work must be carried out in the agreement of the assignment or during the execution of the assignment, these terms are indicative, unless expressly agreed otherwise. Exceeding this will never result in a shortcoming in the fulfillment of MooiMuur's obligation and therefore does not entitle the client to claim compensation and/or dissolution of the agreement.
2. MooiMuur is, unless there is demonstrable intent or recklessness, not liable for indirect damage, by whatever name and suffered by whomever, resulting from the failure of MooiMuur and/or the persons engaged by MooiMuur to fulfill its obligations. the obligations under the assignment agreement.
3. MooiMuur is never liable or responsible for auxiliary persons that MooiMuur has engaged on the instructions of the client.
4. MooiMuur employees take the necessary precautions to prevent paint from ending up in unwanted places during the intended work. If desired, this is done by means of tarpaulins and masking tape. Any damage to goods incurred as a result of incorrect actions by MooiMuur or its employees will be resolved in mutual agreement with the injured party or placed in the hands of the insurer and dealt with in that way. MooiMuur cannot be held liable for damage to clothing and goods - intentionally or accidentally by the use of paint during the painting work, or injuries - incurred by the incorrect and unsafe use of paint by third parties and/or persons who do not have permission to do so.
5. MooiMuur bears no responsibility for damage - after the production of a mural that has arisen to that mural - resulting from fire, vandalism, extreme weather conditions or unexpected peeling of paint layers as a result of a moderate or poorly functioning ground under that mural. MooiMuur uses materials specialized for art paintings, selected in consultation with the client and tailored to the specific surface of a location to be painted. These materials have a long weather resistance and color fastness, but their durability can be influenced by the quality of the substrate. The responsibility for the choice of the type of primer and the application or omission thereof lies with the client. MooiMuur only plays an advisory role in this.
6. The client is obliged, within 2 weeks after the client has identified or could reasonably have identified an inaccuracy in the execution of the assignment and the risk of damage resulting therefrom, to notify MooiMuur of this. If this notification is not made or is made too late, MooiMuur is in no way liable towards the client. MooiMuur is at all times entitled to undo the damage suffered by the client in a manner that fits and is in line with the content of the assignment and the nature of the work.

Article 7. The obligations of the client

1. The client is obliged to pay MooiMuur the agreed fee.
2. MooiMuur always works with a down payment for the sake of cost coverage for the delivery of custom work. The project will not start until this deposit has been paid. An exception to this are small projects where the total sum is paid immediately after production. If the project has a design phase (without a ready-made example supplied), this design phase also only starts after payment of the down payment specified in this document.
3. All murals that have a longer time frame than three days will only start if the specified deposit has been paid no later than one week before the agreed date. Exceptions are the agreements that have been agreed otherwise in writing, stated in quotation or correspondence.
4. The down payment is always at least 50% of the total sum excluding VAT. When setting a new implementation period due to late or non-payment of the down payment, a possible delay must be taken into account, entirely depending on the space still available in the planning of MooiMuur. Costs arising from delays and/or later performance of work that is incurred due to late payment of the down payment cannot be recovered from MooiMuur.
5. In the event of incorrect delivery of data important for the execution of the assignment, such as, but not limited to, dimensions of the surface, condition of the surface, accessibility of the surface, any necessary pre-processing or failure to state obstacles that prevent work can be carried out in the usual way, additional costs will be charged in accordance with the usual rates.
6. The client is obliged to pay any remaining invoices or invoices without a down payment to MooiMuur within 8 days of the date of the invoice.
7. If provisions must be made at the project location by the client, such as having scaffolding or cherry picker(s) installed and/or cleaning or preparing the surface to be painted, this will be expressly stated in the quotation or associated correspondence. . If these agreed provisions are not met before the set start date, the implementation of the project will be postponed and all costs that may arise from this (such as loss of income, longer rental periods of materials) will be borne by the client.
8. MooiMuur is entitled to terminate the agreement of the assignment and/or suspend the execution of the agreement if the client is in default.

Article 8. Details of the client

1. The client ensures that all data that MooiMuur needs for the proper execution of the given assignment, in the desired form and in time, is in the possession of MooiMuur. The client is responsible for the correctness of the information provided to MooiMuur and is obliged to indemnify MooiMuur in that regard.
2. The parties are obliged to carefully store the data originating from each other. If this data is damaged and destroyed in any way and/or at any time, the other party is not liable for this.
3. The data collected by MooiMuur are and remain the property of MooiMuur.

Article 9. confidentiality

1. MooiMuur x is, subject to the obligations imposed on it by law to publish certain information, obliged to keep secret towards third parties who are not involved in the execution of the assignment, of all information of a confidential nature that is made available to it by the client. has been set and the results obtained by processing it.
2. MooiMuur is not entitled to use the information made available to it by the contractor for a purpose other than that for which it was obtained.

Article 10. Intellectual property

1. Materials used by MooiMuur during painting work are and remain the property of the performing artist and are not transferred to the client. Exceptions to this are painted tarpaulins, panels and canvases of which it has been agreed in writing that they belong to the ordered services and products and are included in the contract for services accordingly.
2. After completing the artwork, MooiMuur transfers ownership and all rights and obligations arising from ownership of the mural to the client. The client has the free use of all products and/or works and/or results resulting from the activities of MooiMuur for its own use, as defined within the scope of the assignment.
3. All copyright and intellectual property rights to ideas, designs, photos, color charts and the like used, generated or realized by MooiMuur in the context of the work are and remain the property of MooiMuur.

Article 11. Force majeure

1. If MooiMuur cannot or cannot properly or timely fulfill its obligations under the assignment agreement as a result of a cause that cannot be attributed to it, which expressly includes a stagnation in the regular course of affairs within the company, the fulfillment of that obligations are suspended until the moment that MooiMuur is able to resume the work in the agreed manner.
2. If a situation of force majeure occurs on the part of MooiMuur that has continued for a month or longer, the client is entitled to terminate the agreement in whole or in part with immediate effect in writing. 3. If murals take place outside and cannot take place on the booked date due to weather conditions, a new date will be planned in consultation. Cancellation of painting work on the day of commencement itself is only possible after consultation between the client and MooiMuur
4. Outdoor projects may be postponed temporarily or longer for the following reasons: rain, high humidity, snow or strong wind and/or temperatures below 10°C. In the event of a long delay due to force majeure due to unfavorable weather conditions, no working hours will be charged during that period.

Article 12. Duration and cancellation of the agreement

1. Projects that have already been booked can be canceled up to 30 days before the set execution date, without a refund of the down payment; from 30 days, a cancellation fee of 30% of the agreed total sum will be charged due to loss of income. In case of cancellation within 14 days before the booked execution date, 40% of the agreed total sum due to loss of income will be charged. Deposits for material coverage are non-refundable once inventory has been purchased for the project in question.
2. If no down payment has been made and the project cannot go ahead after approval of the design for eoa reasons, an invoice will be sent for the hours specified in the offer regarding the design phase and the assignment agreement will be concluded. terminated automatically.

Article 13. Application of law

1. Only Dutch law applies to all agreements between the client and MooiMuur.