ARTICLE 1: DEFINITIONS
ATMOSPHERE: means Atmosphere Interior Design, the provider of Services under the GTC.
Agreement(s): the agreement(s) between ATMOSPHERE and its Customer(s) in relation to the Services.
Customer(s): means the client(s) of ATMOSPHERE under the Agreement and the GTC.
GTC: means the general terms and conditions of Services provided by ATMOSPHERE to its Customers.
Party or Parties: means individually or collectively ATMOSPHERE and/or the Customer.
Service(s): means the service(s) provided by ATMOSPHERE to its Customers under the Agreement and the GTC.
Website: means ATMOSPHERE’s website available at https://www.atmosphere-interiordesign.com/.
ARTICLE 2: APPLICABILITY OF THE GTC
The GTC apply exclusively to the Agreements and to any offers or Services from ATMOSPHERE, including sketches that may be designed by ATMOSPHERE under the Services. Any other document from the Customer (e.g. without limitation, general terms and conditions of the Customer, etc.) shall be deemed not applicable to the Services.
The GTC are available on the Website for consultation, downloading and printing for the Customers’ record or any other party. The GTC can be requested by email at the following address: firstname.lastname@example.org.
ARTICLE 3: FORMATION OF THE AGREEMENT
The Agreement between ATMOSPHERE and its Customer is formed once the Customer has signed up for ATMOSPHERE’s Service by accepting ATMOSPHERE price quotation by email. The GTC are a fully integrated part of this Agreement.
ARTICLE 4: SERVICES
ATMOSPHERE’s purpose is to provide interior design consulting services, as an upstream work before implementation and on a best efforts basis. These Services are detailed on the Website.
Implementation if any, is not part of the Services. ATMOSPHERE may provide though, upon the Customer’s request, the contact of professionals that may help the Customer with implementation. The decision to call upon their services remains at the sole discretion of the Customer, who undertakes that these partners are not part of ATMOSPHERE, neither are they part of the Services, and ATMOSPHERE shall bear no responsibility whatsoever on their behalf or for their work.
Under the Services, ATMOSPHERE’s performance happens at some point of time of the Customer’s project, considering the Customer’s requirements communicated by him to ATMOSPHERE. If afterwards, the Customer’s project evolves, or the Customer’s requirements change whatever the reason, the adjustments required shall be subject to a new quotation from ATMOSPHERE.
For Services requiring suggestions from ATMOSPHERE about materials, fabrics, colours and/or lights, ATMOSPHERE will guide the Customer in order for him to make its own choice, the Customer being the sole decision-maker and without liability whatsoever of ATMOSPHERE as a consequence. Even if a test preview is realised, it is specified that these materials, fabrics, colours and/or lights may have a different visual effect than expected, according to various factors such as the size of the hardware used, the outside light, the size of the immediate environment, etc. Colour shades may also be different from one supplier to another. Therefore, ATMOSPHERE shall bear no responsibility for a discrepancy between the material, fabric, light or colour tested as a preview and the final visual effect.
For Services requiring the creation of sketches as a materialization of ATMOSPHERE’s work, in any case, dimensions that are calculated on the sketches by ATMOSPHERE are approximate, since they need to be adjusted by those who are going to execute the work during the implementation phase. Therefore, ATMOSPHERE shall bear no responsibility in case the dimensions have not been or have been improperly adjusted by those who are going to execute the work during the implementation phase.
ARTICLE 5: TERM AND TERMINATION
The term of the Agreement is specified on each quotation provided by ATMOSPHERE to the Customer.
In case of non-performance under the GTC or the Agreement, the complaining Party shall request in writing from the non-performing Party compliance with its obligations under the GTC and the Agreement. In case of inaction from the non-performing Party within 5 (cinq) calendar days, the complaining Party shall be entitled to terminate the Agreement by written and with a 15 (fifteen) calendar days’ notice period, without prejudice of Article 6 of the GTC and without prejudice of any further liabilities.
ARTICLE 6: PRICE – PAYMENT
The prices of the Services are available on the Website or on ATMOSPHERE’s quotation.
The price of the Service is payable as follows.
For interior decoration coaching Services, the price shall be paid in total by the Customer to ATMOSPHERE on the day of the coaching session itself.
For interior design support, half price shall be paid when accepting ATMOSPHERE’s quotation and the remaining half shall be paid at the end of the Service.
An invoice containing ATMOSPHERE’s bank details and VAT number if applicable will be sent to the Customer.
In case the Customer does not comply with its payment obligation, ATMOSPHERE shall be entitled to refuse the performance of the Services.
If the Customer fails to pay on time for the Services, ATMOSPHERE reserves the right to charge statutory interest compounded to the extent allowed by the applicable law under Article 12 of the GTC.
ARTICLE 7: PUBLICITY
To the extent allowed by the applicable law under Article 12 of the GTC, the Customer expressly agrees in advance that ATMOSPHERE is authorised to take pictures and videos of its interior in case of home staging, creation of living space, etc. under the Agreement and during the Services. These pictures and videos may be published on the Website or through any other communication channel, in order to provide marketing content, advertisement or publicity for ATMOSPHERE.
ARTICLE 8: COMPLAINT
If a Customer has any complaint regarding the Services under the Agreement, he shall immediately contact ATMOSPHERE at email@example.com, in order for ATMOSPHERE to be able to respond adequately to the complaint, without prejudice of Article 6 of the GTC.
ARTICLE 9: LIABILITY
To the extent permitted by the applicable law under Article 12 of the GTC, the total liability of ATMOSPHERE under the Agreement, all damages included, shall be limited to twice the price of the Services accepted by the Customer excluding VAT, limited to a maximum amount of 2,000 (two thousand) Euros, and in no circumstances shall ATMOSPHERE be liable for any indirect, and/or immaterial and/or future damages, such as but not limited to, indirect loss, loss of earnings, loss of opportunity, etc.
ARTICLE 10: FORCE MAJEURE
ATMOSPHERE shall be excused, without any liabilities, including under Article 9 of the GTC, from performance of the Services under the Agreement for any period of time, in whole or in part, in case of a force majeure event, such as as illness and/or accident severe weather conditions, fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions. If ATMOSPHERE is prevented from or delayed in performing any of its Services under the Agreement by a force majeure event, ATMOSPHERE shall promptly notify the Customer as far as possible by telephone (to be confirmed in writing within five (5) calendar days) of the occurrence of the force majeure event and state, in reasonable detail, the Services which are thereby delayed or prevented.
ARTICLE 11: INSURANCE
ATMOSPHERE declares that it has subscribed to a liability insurance.
The Customer declares that it has subscribed to the appropriate insurances and coverage levels, regarding potential damages that may occur, and especially but not limited to, a liability insurance, home insurance, home content insurance… The Customer shall provide all the necessary details about such insurances upon ATMOSPHERE’s first request.
ARTICLE 12: APPLICABLE LAW
The existence, validity, construction, interpretation, performance and termination of the GTC and the Agreement shall be governed in accordance with Dutch law.
ARTICLE 13: DISPUTE
To the extent allowed by the applicable law under Article 12 of the GTC, any disputes in connection with or arising out of the GTC or the Agreement that cannot be settled amicably shall be heard and any actions exclusively brought in the competent court of the district in which ATMOSPHERE is established at the time of concluding the Agreement.
ARTICLE 14: CONTACT
ATMOSPHERE is a sole proprietorship (‘’eenmanszaak’’) under the applicable law mentioned in Article 12 of the GTC, registered with the KVK of Den Haag under number 68351038, with VAT number NL787914381B01 and a postal address at Van Loostraat, 110, 2582 Den Haag, The Netherlands.
ATMOSPHERE can be contacted at firstname.lastname@example.org or on +31 (0)6 52 60 88 38.
ARTICLE 15: GENERAL PROVISIONS
If part of a provision of the GTC or the Agreement is declared invalid, the rest of the provision concerned and the rest of the GTC and the Agreement that has not been declared invalid, remains in full force.
In case of translation of the GTC, the present English version shall prevail if a discrepancy arises between the present English version and a translated version.
The GTC or the Agreement can only be amended with the preliminary written consent of ATMOSPHERE.