Terms and conditions
Article 1. Definitions
- Contractor: Mati Onderhoudsbedrijf, a sole proprietorship of Mateusz Majka, based in The Hague, registered with the Netherlands Chamber of Commerce under number 99368978.
- Client: any natural or legal person who gives the contractor an assignment or requests a quote.
- Consumer: a client who is a natural person not acting in the course of a profession or business.
- Agreement: any arrangement between the contractor and the client about carrying out work.
- Work: the work carried out by the contractor under the agreement, including the materials used.
Article 2. Applicability
- These terms apply to all quotes, assignments and agreements of the contractor.
- Deviations apply only if agreed in writing. A message by email or WhatsApp also counts as written.
- The client's own general terms do not apply.
- If a provision of these terms is invalid, the remaining provisions remain in force.
- These terms are also available in Dutch and Polish. In case of differences, the Dutch text prevails.
Article 3. Quotes
- Quotes are without obligation and valid for 30 days, unless stated otherwise in the quote.
- A quote is based on the information provided by the client and on the situation visible during the inspection.
- Hidden defects that only become visible during the work, such as concrete rot under an existing layer, a wet surface or rotten wood, are not included in the price. The contractor consults the client before any extra costs arise.
- Obvious mistakes or typing errors in a quote do not bind the contractor.
Article 4. Formation of the agreement
The agreement is formed when the client accepts the quote in writing (including by email or WhatsApp), or when the contractor starts the work with the client's consent.
Article 5. Right of withdrawal for consumers
- If the agreement with a consumer is concluded away from the contractor's business premises (for example at the consumer's home) or at a distance (for example by phone, email or WhatsApp), the consumer may withdraw from the agreement within 14 days of its conclusion without giving any reason.
- The consumer can withdraw using the model form at the end of these terms or by any other clear statement.
- If the consumer expressly asks for the work to start within the withdrawal period and then withdraws, the consumer pays an amount proportionate to the work already carried out at that time.
- The right of withdrawal does not apply to urgent repair or maintenance work for which the consumer has expressly asked the contractor to visit, nor if the work has already been fully carried out with the consumer's express consent.
Article 6. Carrying out the work
- The contractor carries out the work properly, professionally and as agreed.
- The contractor in principle carries out the work himself. He may only engage a third party after consulting the client.
- Stated periods and dates are a best estimate. Coatings and seals can only be applied in suitable weather. Delay caused by rain, frost, high humidity or a wet surface does not count as a failure. The contractor informs the client of any delay as soon as possible.
Article 7. Obligations of the client
- The client ensures that the contractor can access the work area at the agreed times and that the area is empty and freely accessible (for example an empty balcony).
- The client provides electricity and water near the work area free of charge.
- The client provides all relevant information in advance, such as known leaks, previous repairs and the location of pipes and cables.
- If permission from an owners' association (VvE), landlord or municipality is required, the client arranges it, unless agreed otherwise.
- The client does not use a treated floor before the contractor has said it is ready. Damage caused by earlier use is not covered by the warranty.
- If the client fails to meet these obligations and this causes delay or extra work, the contractor may charge the reasonable extra costs.
Article 8. Additional and reduced work
- Additional work is work not included in the agreement, for example due to changes requested by the client or hidden defects.
- The contractor discusses additional work and its price with the client in advance, unless immediate action is needed to prevent damage.
- Reduced work is settled with the client.
Article 9. Prices
- Prices for consumers include VAT. Prices for business clients exclude VAT, unless stated otherwise.
- The agreed price is fixed, except in the case of additional or reduced work.
Article 10. Payment
- Invoices must be paid within 14 days of the invoice date, unless agreed otherwise.
- The contractor may request a deposit or invoice in instalments, for example for materials. A consumer never has to pay more than 50% of the price in advance.
- If a business client does not pay on time, the statutory commercial interest and extrajudicial collection costs are due without notice of default.
- If a consumer does not pay on time, the consumer first receives a free reminder with a 14-day payment period. If payment is still not made, the statutory interest and collection costs in accordance with the Dutch Extrajudicial Collection Costs Decree are due.
Article 11. Completion
- The work is completed when the contractor has announced that it is finished and the client has approved it. The work is also deemed completed if the client does not respond within 8 days or starts using it.
- Minor defects that do not prevent use are no reason to refuse completion. The contractor repairs them as soon as possible.
Article 12. Warranty
- The contractor guarantees that the work has been carried out properly and as agreed. A specific warranty period applies only if stated in the quote or on the invoice.
- The warranty does not cover:
- normal wear and natural discolouration from sunlight;
- improper use, or use before the contractor said the floor could be loaded;
- mechanical damage, for example from sharp objects or dragging heavy furniture;
- cleaning agents that are not suitable for the materials used;
- defects in the underlying structure that were not part of the work;
- work that has been changed or repaired by others after completion.
- The statutory rights of a consumer always remain in force.
Article 13. Complaints
- The client reports defects as soon as possible after discovery, preferably with photos. A consumer reports a defect in any case within two months of discovering it.
- The client gives the contractor the opportunity to investigate and repair the defect.
- A complaint does not suspend the obligation to pay for the part of the work that is not subject to the complaint.
Article 14. Liability
- The contractor is only liable for direct damage resulting from a failure in carrying out the work.
- Liability is limited to the invoice amount of the work concerned, or to the amount paid out by any insurance in the case concerned.
- The contractor is not liable for indirect damage, such as consequential loss, lost income or damage due to delay.
- These limitations do not apply in case of intent or gross negligence by the contractor, and never go further towards a consumer than the law allows.
Article 15. Force majeure
The contractor is not liable if he cannot meet his obligations due to circumstances beyond his control, such as extreme weather, illness, accidents or failed deliveries. The obligations are then suspended. If force majeure lasts longer than two months, either party may dissolve the agreement in writing. Work already carried out is paid proportionally.
Article 16. Termination by the client
If the client terminates the agreement after the withdrawal period (Article 5) has expired or does not apply, the client pays for the work already carried out, ordered materials that cannot be returned and other costs reasonably incurred by the contractor, as referred to in Article 7:764 of the Dutch Civil Code.
Article 17. Ownership of materials
Supplied materials remain the property of the contractor until everything has been paid, insofar as they have not yet been incorporated into the work.
Article 18. Applicable law and disputes
- All agreements are governed by Dutch law.
- The parties first try to resolve a dispute together.
- If that fails, the dispute is submitted to the competent court in the district of The Hague. A consumer may, within one month after the contractor has invoked this provision, choose the court that is competent by law.
Article 19. Use of the website and cookies
- The privacy policy applies to the use of this website. It describes which data is processed and which cookies and external services are used.
- External services that set cookies, such as the Google Maps map, are only loaded after the visitor has given consent. Without consent the website remains fully usable.
- Visitors can change or withdraw their consent at any time via the "Cookie settings" link at the bottom of every page.
- The information on the website has been compiled with care but is general and without obligation. No rights can be derived from the website; only the quote and the agreement are binding.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the agreement.)
To: Mati Onderhoudsbedrijf, Mateusz Majka, Vreeswijkstraat (full address as stated on the quote), The Hague, info@mati-onderhoud.nl, phone/WhatsApp +31 6 86 16 26 64
I/We* hereby give notice that I/we* withdraw from my/our* contract for the following work:
.......................................................
Concluded on: ..................
Name(s) of consumer(s): ..................
Address of consumer(s): ..................
Signature (only if this form is submitted on paper): ..................
Date: ..................
* Delete as appropriate.
