Article 1 | Definitions
In these terms and conditions, the following terms have the following
meaning:
Entrepreneur: the CBW-approved seller/contractor, participant in the
SG CBW, who enters into or wishes to enter into an agreement with
the customer;
Customer: the buyer/client or the person who enters or wishes to
enter into a contract with the Entrepreneur;
Business Customer: the customer acting in the exercise of a
profession or business;
Consumer: the customer not acting in the exercise of a profession or
business;
Delivery: the actual presentation of the purchased products and/or
semi-finished products to the Customer;
Completion: making the products and/or work available ready for
use, as agreed;
Distance Agreement: the agreement with a Consumer whereby,
up to and including the conclusion of the agreement, exclusive use
is made of one or more techniques for distance communication, as
referred to in Section 6:230g paragraph 1e of the Dutch Civil Code,
such as web shop or mail order for example;
Off-premises Contract: an agreement concluded with a Consumer
other than in the business premises of the Entrepreneur, as referred to
in Section 6:230g paragraph 1f of the Dutch Civil Code (for example,
at Consumers’ homes, at some trade fairs or on the street);
SG CBW: Stichting Garantieregelingen CBW, which is charged with
the implementation and enforcement of the consumer schemes as
referred to in Articles 19 and 21 of these terms and conditions;
SG CBW Participant: the CBW-approved Entrepreneur who has
affiliated itself or one or more of its branches/operating companies
with the Stichting Garantieregelingen CBW;
Down Payment: the payment of part of the agreed price made by the
Customer at the time the agreement is concluded;
Advance Payment: a payment of (part of) the purchase price before
delivery to the Customer;
Product: movable property, even if it contains digital elements;
Digital Elements: digital content or a digital service, incorporated in
a product or interconnected with a product, without which the product
cannot fulfil its functions;
Floor: subfloor and/or intermediate floor and/or flooring material;
Subfloor: the existing subsurface on which the work is to be carried
out;
Intermediate Floor: the material applied between the subfloor and
the floor covering material, other than subfloor repair material;
Connecting: connecting all supply and return pipes and wiring to
existing and correctly installed connection points;
Installation: the fitting of all supply and return pipes, wiring and
connection points required for the correct assembly of the product;
Erection (placement): assembly and adjustment of the product or
parts of such;
Other Work: demolition and renovation work, levelling floors and
walls and processing tiles;
Dispute Adjudicator: the independent body to whom the SG CBW
has outsourced the handling of disputes.
Article 3 | Intellectual property
1. The Entrepreneur reserves the intellectual property rights to,
among other things, designs, images, drawings, samples and models
provided. If the Entrepreneur requests, the Customer must return
them immediately. In addition, if the Entrepreneur has other legal
rights, it can claim them.
2. The Customer may not remove or change notices relating to
intellectual property rights on/in the performances delivered or made
available by the Entrepreneur.
3. The Customer may not reproduce, publish, exploit or exhibit
material belonging to the Entrepreneur that is subject to intellectual
property rights without the permission of the Entrepreneur.
Article 4 | Offer
1. All offers are valid until 21 days after the offer date, unless the
offer indicates otherwise. They are based on the data, drawings and
measurements provided by the Customer and any measurements
taken by the Entrepreneur. In doing so, the Customer must inform
the Entrepreneur about facts and/or circumstances that may influence
the performance of the agreement, insofar as they are relevant to
the making of the offer (see also Articles 7 and 8). In the case of
flooring, the Entrepreneur shall keep to the largest length and width
dimensions when measuring areas, taking into account the packaging
units as ordered from suppliers (linear metres of carpet, packs of
laminate, full length skirting boards and the like). Designs, images,
drawings, statements of sizes and weights and samples and models
originating from the Entrepreneur are as accurate as possible.
2. The offer shall include a full description of the products to be
delivered and work to be carried out, the total (purchase) price, the
delivery time, the payment conditions and the risks for both parties.
When ordering on a ‘call-off’ basis, the offer contains an explanation
about this and information about the delivery time after the call, as
referred to in Article 6 paragraph 6. The offer will give the price of
the materials and how the price for the work to be carried out will be
calculated. There are two types: contract price and a cost-plus basis
In case of a contract price, the parties agree on a fixed amount for
which the work will be carried out. In the case of a cost-plus basis
contract, the Entrepreneur accurately states what determines the price
(hourly rate and prices of the required materials for example). At the
request of the Customer, the Entrepreneur can give a target price,
which is an estimate of the total costs. The offer will state if there are
any additional costs such as freight, delivery, assembly, payment or
postage costs.
3. Work not mentioned in the offer is not covered by the agreed price.
If the Customer does require this, this can have a price-increasing
effect (see also Article 13).
4. The Customer must ensure that the Entrepreneur can perform the
work properly.
5. If the Customer does not accept the offer, the Entrepreneur may
charge the costs of preparing the offer, but only if the Customer was
demonstrably made aware of the (amount of the) costs when or before
requesting the offer. The Customer becomes the owner of the offer
and any drawings upon payment of the offer costs. The intellectual
property remains with the Entrepreneur.
Article 5 | Agreement
(for off-premises or distance contracts: see Article 18)
1. When entering into a contract with a Consumer, the Entrepreneur
may ask for a down payment. In the case of a Business Customer
(non-Consumer), no maximum percentages apply. The maximum
percentage for a Consumer depends on the product.
2. The maximum down payment for Consumers is 25%, except for
the following products for which the maximum is 15%:
a. kitchens/bathrooms/sanitary items and/or parts thereof, and/or
related work;
