General terms
Interior
These general terms and conditions apply to all offers, sales, deliveries, and services by JDB Haarden BV related to interior projects.
JDB Haarden BV
Antwerpsesteenweg 77
2840 Rumst – Belgium
Company number / VAT: BE0400.803.505
Email: [email protected]
Phone: +32 15 31 18 17
If you place an order or request a service related to fireplaces, after-sales service, or venue rental, the respective general terms and conditions for that service apply:
General term and conditions - Fireplaces
General terms and conditions - Aftercare
General terms and conditions - Venue rental
1. Scope
1.1. These general terms and conditions apply to all quotations, contracts, sales, deliveries, and services of JDB Haarden BV concerning interior and custom-made projects (including but not limited to bespoke cabinetry, wardrobes, complete interior designs, and other carpentry or finishing works), regardless of the nature of the agreement, unless the parties have expressly and in writing agreed otherwise.
1.2. These terms and conditions take precedence over any general or special conditions of the client, even if they stipulate otherwise, as well as over any provisions in specifications or other documents preceding the agreement, unless JDB Haarden BV has expressly and in writing agreed to such terms.
1.3. Any deviation from these general terms and conditions is only valid if expressly confirmed in writing by JDB Haarden BV.
1.4. These terms also apply to orders placed by email or via the JDB Haarden BV website, unless otherwise agreed in writing.
1.5.The most recent version of these general terms and conditions is always available at www.jdbhaarden.be or will be provided to the client free of charge upon simple request.
2. Quotations, Prices, and Additional Work
2.1. Our quotations are only binding if signed by the managing director or an authorized representative after the final measurements have been taken, and they remain valid for thirty (30) days from the quotation date. If the VAT rate changes before the final invoice is issued, the remaining amount to be invoiced will be adjusted accordingly, even if a price including VAT was previously agreed upon. In deviation from Article 1793 of the Belgian Civil Code, additional work may be proven by JDB Haarden BV through any legally admissible means of evidence.
2.2. Provisions imposed by the safety coordinator and not known at the time of the quotation are not included, unless otherwise stated. These costs will be charged to the client. Once a project enters production, no changes can be made free of charge. Any resulting additional costs will be borne by the client.
2.3. Additional measurements, site meetings, or handover appointments requested by the client, or required due to circumstances attributable to the client, will be charged at €85/hour (excluding travel costs).
Additional work outside the original quotation will be charged at €75/hour (excluding travel costs, project materials, site setup and installation supplies, as well as waste removal and disposal costs).
For B2B clients, these services may be evidenced by work orders or internal site notes from JDB Haarden BV. For consumers (Book VI of the Belgian Code of Economic Law), additional services will only be charged if they were expressly agreed upon or confirmed in writing in advance (for example, by email or signed work order), except in cases of necessary or urgent work resulting from the client’s fault, negligence, or omission.
2.4. The client and/or their (interior) architect must be present during the final measurements. Production or execution plans will be submitted to the client for written approval. Once approved and production has started, changes are no longer possible without the written consent of JDB Haarden BV. Any subsequent modifications may only be made with JDB Haarden BV’s express written consent and may result in additional costs and/or adjusted delivery times.
2.5. Provisions relating to energy performance regulations imposed by the principal and unknown at the time of the quotation are not included unless otherwise specified. These will be charged to the client. The assignment can only be executed once JDB Haarden BV has received, in due time, all necessary information contained in studies, plans, documents, sketches, drawings, samples, and designs. This technical information must be provided in advance by the client and/or their representatives (e.g., architect or engineering office). Such information must reach JDB Haarden BV in time to allow proper preparation of the works. Failure to do so releases JDB Haarden BV from any responsibility for delays or missed deadlines. JDB Haarden BV can never be held liable for failure to achieve the required E-level or other specific performance standards, unless expressly agreed in writing.
3. Intellectual Property Rights
3.1. All studies, plans, documents, sketches, drawings, samples, designs, photos, 3D models, and any other materials or files prepared or provided by or on behalf of JDB Haarden BV shall at all times remain the exclusive property of JDB Haarden BV and are protected by copyright and other intellectual property rights.
3.2. These materials may only be used for the evaluation, execution, and/or delivery of the agreement between the client and JDB Haarden BV. Any other use, reproduction, modification, or distribution, whether in whole or in part, is prohibited without prior written authorization.
3.3. The client shall be liable for any misuse by themselves or by third parties to whom they have provided these materials. JDB Haarden BV reserves the right to claim damages in the event of infringement, amounting to a minimum of ten percent (10%) of the contract value, without prejudice to its right to full compensation for the actual damages suffered.
3.4. Upon the first written request from JDB Haarden BV, the client must immediately return or delete all aforementioned materials, both in physical and/or digital form.
4. Execution of the Works
4.1.The stated delivery times are always indicative and do not constitute a result obligation. A delayed delivery can never give rise to termination of the contract or to any compensation owed by JDB Haarden BV.
4.2. If the delivery period is exceeded, the client must first notify JDB Haarden BV by registered letter of default and attempt to reach an amicable or judicial settlement.
4.3. If the execution of the works is suspended or interrupted due to actions by the client or their representatives/third parties, the client shall owe a fixed compensation for the resulting costs. JDB Haarden BV alone determines when the works can be resumed, without any compensation being owed for delays.
4.4. Goods delivered by JDB Haarden BV are transported to the site at JDB Haarden BV’s risk. The client must ensure that the goods can be unloaded immediately upon arrival and stored safely in a location suitable for interior materials and finishes. The risk transfers to the client as the goods are incorporated into the work or, for freestanding interior items such as custom cabinets or furniture, upon installation on the premises. Even after incorporation or installation, the delivered materials remain the property of JDB Haarden BV until full payment of all amounts due.
4.5. Until ownership has been transferred, the client is merely the custodian of the materials, and JDB Haarden BV may, without the client’s consent, remove and reclaim them. This right expires once the client has settled all debts owed to JDB Haarden BV.
4.6. The client undertakes to ensure that a functioning water and electricity connection is always available on site. If no electricity can be provided and JDB Haarden BV is required to use a generator or other alternative source, the associated costs will be fully charged to the client. The client guarantees that the site is reasonably accessible, or will make it so at their own expense, allowing work and deliveries to take place without obstruction. Unnecessary travel costs and waiting times exceeding fifteen (15) minutes due to the client’s fault will be invoiced at the applicable hourly rate.
4.7. The client also guarantees that the workspace is sufficiently free of obstacles, properly prepared for interior installation (including clear access for large components), and, where necessary, equipped with dust or floor protection so that JDB Haarden BV can perform its work safely and efficiently.
4.8. Furthermore, the client shall, at their own expense, provide sufficient parking in the immediate vicinity of the site and obtain all necessary permits or authorizations, including parking and occupation permits, unless otherwise agreed in writing.
4.9. The execution of the works shall be carried out according to the rules of good craftsmanship, as set out in the contractual documents or, in their absence, in the technical specifications of Buildwise applicable on the date of the quotation, supplemented by relevant standards and guidelines for interior finishing. The client acknowledges and accepts these execution standards.
5. Delivery and Acceptance
5.1. Unless otherwise agreed in writing, it is understood that if no written remarks are sent to JDB Haarden BV within eight (8) days following completion of the work, the project shall be deemed definitively accepted. This date is therefore considered the sole and final delivery. Any visible defects or non-conformities existing at the time of installation must be reported to JDB Haarden BV by registered letter within eight (8) days after completion or delivery; otherwise, they are deemed accepted.
5.2. The following shall not be considered as defects in conformity, nor as visible or hidden defects: minor variations in color, dimensions, or construction of the product, insofar as these are technically unavoidable, generally accepted, or inherent to the materials used (such as wood, natural stone, leather, textiles, or veneer).
An exception applies where the order form explicitly states that certain characteristics (such as construction, dimensions, color, or design) are an essential element of the agreement for the client.
Differences in color, structure, or size that are inherent to natural materials or that arise from the production process of custom-made work shall not give rise to refusal or compensation, provided they remain within standard tolerances. Variations in gloss level, slight shadow effects, or discoloration caused by sunlight, use, or maintenance are also not considered defects. Samples and models are purely indicative.
6. Right of Withdrawal for Consumers
6.1. If the client acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (WER) and the agreement is concluded remotely or outside the business premises of JDB Haarden BV, the client has a statutory cooling-off period of fourteen (14) calendar days to withdraw from the agreement without giving any reason.
6.2. For the supply of goods, the withdrawal period begins on the day the client, or a third party designated by the client, physically takes possession of the goods.
For the provision of services, the withdrawal period begins on the day the agreement is concluded.
6.3. The right of withdrawal does not apply in the cases referred to in Article VI.53 of the Belgian Code of Economic Law, including (but not limited to):
6.3.1. Goods manufactured according to the client’s specifications or clearly intended for a specific person (custom-made or personalized goods), such as bespoke interior elements, furniture, and finishes;
6.3.2. Goods that, by their nature, are irreversibly mixed with other products after delivery;
6.3.3. Services that have been fully performed with the client’s prior express consent, where the client has acknowledged losing the right of withdrawal once the contract has been fully executed;
6.3.4. Goods that, after delivery, have been installed or built in by the client and cannot be removed without damage.
6.4. If the client requests that the works or installation commence before the expiry of the withdrawal period, the client must confirm this request in writing. If the client subsequently exercises the right of withdrawal within the withdrawal period, the client shall reimburse the costs of any works already performed and materials used.
6.5. To exercise the right of withdrawal, the client must notify JDB Haarden BV of their decision to withdraw from the agreement by means of an unambiguous statement (for example, by registered letter or email) within the applicable time limit. JDB Haarden BV will make the model withdrawal form available in accordance with legal provisions.
6.6. Clients acting in the exercise of their profession or business (B2B) have no right of withdrawal under any circumstances.
7. Warranty and Liability
7.1. Where provided by law, the ten-year (10) liability under Articles 1792 and 2270 of the Belgian Civil Code applies.
7.2. If the client acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law (B2C), the statutory warranty provisions on consumer protection apply without restriction. This statutory warranty is valid for two (2) years from delivery. The client must report any lack of conformity in writing within two (2) months after its discovery.
7.3. For clients not acting as consumers (B2B), and unless otherwise agreed in writing, a contractual warranty of twelve (12) months from delivery is granted for minor hidden defects. The defect is presumed to have existed at the time of delivery unless proven otherwise. This contractual warranty only applies if the client reports any discovered defect by registered, detailed, and written notice to JDB Haarden BV within one (1) month of discovery.
7.4. For custom interior work, the warranty covers the construction, joinery, and material finishing, insofar as these comply with the standards and practices generally accepted in the industry. The warranty is limited exclusively to the free replacement of components for which a construction or assembly defect has been proven, excluding any other form of compensation. No new warranty is granted on repairs carried out.
The liability for delivered and used products is limited to the warranties provided by the manufacturer.
7.5. No claim under statutory or contractual warranty is possible if and insofar as the defect results from one or more of the following or similar circumstances, including but not limited to:
7.5.1. Incorrect use or improper handling of products, materials, or equipment;
7.5.2. Installation, use, or maintenance contrary to agreed instructions or conditions;
7.5.3. Normal wear and tear or usage marks;
7.5.4. Use of unsuitable or prohibited fuels, including wet wood or waste;
7.5.5. Excessive or improper heating;
7.5.6. Variations in color, structure, or grain inherent to natural materials (such as wood, natural stone, leather, textiles, or veneer);
7.5.7. Performing maintenance or repairs oneself contrary to the user instructions;
7.5.8. Repairs or modifications carried out by third parties without the prior written consent of JDB Haarden BV;
7.5.9. Self-dismantling or installation of the fireplace without prior written consent from JDB Haarden BV;
7.5.10. Damage caused by frost, moisture, fire (including chimney fire), force majeure, or by an act or deliberate fault of the client or their representatives;
7.5.11. Failure to perform regular maintenance as prescribed by JDB Haarden BV or the manufacturer.
7.6. The liability of JDB Haarden BV, regardless of the legal basis, is in all cases limited to the lesser of:
7.6.1. The total amount actually paid by the client for the relevant order;
or
7.6.2. The amount paid by JDB Haarden BV’s liability insurer in the specific case.
7.7. JDB Haarden BV cannot be held liable for errors made by its representatives, subcontractors, or other auxiliaries, except in cases of intent or gross negligence on its own part or that of a person acting on its behalf.
To the extent permitted by law, any personal liability of the directors or employees of JDB Haarden BV is excluded.
8. Obligations of the Client
8.1. The client shall provide all information, documents, and cooperation necessary for the execution of the agreement in a timely and accurate manner.
8.2. The client shall, at their own expense, obtain all required permits, approvals, and connections necessary for the execution of the works.
8.3. The client must make and keep the site accessible to JDB Haarden BV and its representatives, and must ensure safe working conditions.
8.4. The client is responsible for the conformity and suitability of any materials or equipment supplied by them, unless otherwise agreed in writing.
8.5. The client shall immediately inform JDB Haarden BV of any circumstance that may delay or hinder the execution of the works.
8.6. The client must comply with all instructions, guidelines, and warnings issued by JDB Haarden BV and/or the manufacturer regarding the installation, use, maintenance, and safety of the delivered products and executed works.
8.7. These obligations are inseparably linked to, and constitute a prerequisite for, the execution of the works as described in Article 4.
8.8. If the client fails to comply with these obligations, JDB Haarden BV has the right to suspend the execution of the works, adjust the delivery schedule, and/or charge additional costs, without prejudice to its right to claim damages.
9. Payment
9.1. For interior projects, JDB Haarden BV requires an advance payment of one third (1/3) of the total contract amount upon signing the quotation, one third (1/3) before the start of the works, and the remaining one third (1/3) as the works progress.
9.2. Invoices are payable within seven (7) calendar days from the invoice date by bank transfer to the account designated by JDB Haarden BV. An invoice is considered paid only when the full amount has been credited to our account.
9.3. For clients acting in the course of their professional or business activity, invoices shall be deemed accepted if not disputed in writing by registered mail within eight (8) calendar days of receipt. This provision does not affect the mandatory rights of consumers.
9.4. If an invoice is not paid on time, the provisions of Article 10 (“Non-Performance and Cancellation”) shall apply, including the right of JDB Haarden BV to suspend the works, adjust the delivery schedule, and/or charge additional costs, without prejudice to its other rights and subject to the mandatory consumer protections set out in Book XIX of the Belgian Code of Economic Law.
10. Non-Performance and Cancellation
10.1. If the client fails to fulfil any contractual obligation, JDB Haarden BV shall be entitled, without prejudice to its other rights, to suspend the performance of its obligations until full compliance by the client, and/or to terminate the agreement without judicial intervention.
10.2. In the event of cancellation or termination of the agreement by the client, the client shall be liable to pay:
10.2.1. The value of the work already performed and the materials purchased for the relevant project;
and
10.2.2. A fixed compensation of twenty percent (20%) of the agreed price to cover administrative and commercial costs, without prejudice to JDB Haarden BV’s right to claim higher proven damages.
10.3. If an invoice is not paid on time, JDB Haarden BV reserves the right to suspend the execution of any remaining work until full payment has been received. JDB Haarden BV shall determine when the works may resume and shall not owe any compensation for delay. If JDB Haarden BV suffers damages as a result of such suspension, the client shall compensate these losses.
10.4. If the client acts in the course of a professional or business activity, late payment (after the due date and without prior notice of default) automatically incurs statutory interest as provided by the Law of 2 August 2002 on combating late payment in commercial transactions. In addition, a fixed compensation shall be due in accordance with Article 6 of that law (currently set at €40), without prejudice to JDB Haarden BV’s right to recover higher proven collection costs.
10.5. If the client acts as a consumer within the meaning of Book VI of the Belgian Code of Economic Law, one free payment reminder will first be sent in the event of late payment. If payment is not made within the period specified in that reminder, the following fixed amounts will be due:
10.5.1. €20 if the outstanding balance is less than or equal to €150;
10.5.2. €30 plus 10% of the amount due on the portion between €150.01 and €500 if the outstanding balance is between €150.01 and €500;
10.5.3. €65 plus 5% of the amount due on the portion above €500, with a maximum of €2000, if the outstanding balance exceeds €500.
In accordance with Book XIX of the Belgian Code of Economic Law, late payment interest and compensation may only be charged after at least fourteen (14) calendar days have elapsed from the sending of the first free reminder. The above-mentioned limits remain fully applicable.
11. Privacy
11.1. JDB Haarden BV processes the client’s personal data in accordance with the General Data Protection Regulation (GDPR) and applicable national legislation.
11.2. Processing is carried out on the basis of Article 6.1(b) and (c) of the GDPR, namely for the purpose of executing the agreement with the client and complying with legal obligations (such as invoicing and accounting). Where required, the processing of the client’s personal data may also take place on the basis of Article 6.1(a) (consent), for example for direct marketing purposes.
11.3. For marketing purposes, JDB Haarden BV will contact the client only if the client has given prior explicit consent, for example via a checkbox on a form or via email. The client may withdraw this consent at any time, free of charge.
11.4. The client has the right to access, rectify, erase, or transfer their personal data, as well as the right to object to or request restriction of processing. These rights can be exercised by submitting a written request, accompanied by proof of identity, to [email protected].
11.5. For more information about the processing of personal data and the client’s rights, the client can consult the privacy statement available at www.jdbhaarden.be/privacy-policy. In case of complaints, the client may contact the Data Protection Authority, Drukpersstraat 35, 1000 Brussels (www.gegevensbeschermingsautoriteit.be).
12. Miscellaneous Provisions
12.1. Neither party shall be liable for any failure to perform that results directly from force majeure (including but not limited to: natural disasters, fire, pandemics, war, government measures, strikes at third parties, exceptional shortages of raw materials, or interruptions in supply chains or utilities). Performance deadlines shall be suspended for the duration of the force majeure. If the situation persists for more than sixty (60) calendar days, either party may terminate the agreement in writing without compensation.
12.2. If one or more provisions of these terms and conditions are declared null, invalid, or unenforceable, the remaining provisions shall remain fully in force. In such a case, the parties shall replace the invalid provision with a valid one that best reflects the original intent.
12.3. Failure or delay by either party in exercising any right or remedy arising from this agreement shall not be construed as a waiver of that right.
12.4. These terms and conditions, together with the agreement and any annexes, constitute the entire agreement between the parties and replace all prior oral and written arrangements concerning the same subject matter.
12.5. The client may not transfer their rights or obligations under this agreement to a third party without the prior written consent of JDB Haarden BV.
12.6. JDB Haarden BV may amend these terms and conditions for future agreements. For consumers, such amendments shall only apply after prior notification and in accordance with the client’s legal rights, including the right to terminate the agreement if the change has a substantial impact.
13. Applicable Law and Jurisdiction
13.1. For consumer disputes, jurisdiction lies exclusively with the court of the consumer’s place of residence, in accordance with Article 624 of the Belgian Judicial Code. For all other disputes, the courts of Antwerp shall have exclusive jurisdiction. Before initiating legal proceedings, either party may request that any technical dispute be submitted to the Construction Conciliation Commission, Espace Jacquemotte, Hoogstraat 139, 1000 Brussels (www.bouwverzoening.be).
13.2. All our agreements are governed exclusively by Belgian law.