General Terms and Conditions
These general terms and conditions apply to all quotes, agreements and services of Tekenpunt, a trade name of Autohuijs B.V. Tekenpunt makes these terms and conditions available electronically before or upon conclusion of the agreement in a manner that allows you to store them and consult them again later. For consumers, the mandatory provisions of Dutch consumer law always apply; in the event of any conflict, those statutory rights prevail.
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
- Tekenpunt: the trade name of Autohuijs B.V., established in Amsterdam (Albardagracht 66R, 1067 DZ), registered with the Chamber of Commerce under number 97574821, VAT number NL868119507B01.
- Client: the natural person or legal entity that places an assignment with Tekenpunt.
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity.
- Business client: the client acting in the course of a profession or business.
- Agreement: the written or electronic agreement between Tekenpunt and the client for the provision of services.
- Services: the preparation of architectural drawings, the preparation and submission of building permit applications, the performance of structural calculations, the creation of 3D visualisations and related work.
- Drawings: all designs, drawings, calculations, reports and other written or digital documents produced by Tekenpunt.
- Additional work: all work falling outside the assignment described in the quote, including additional revisions, changed wishes, extra calculations, additional municipal requirements or work resulting from incorrect or incomplete information from the client.
- Third-party costs: costs of external parties or authorities, including municipal fees, archive costs, costs for existing construction drawings, investigations, reports, external advisers or government charges.
- Target date: an indicative schedule to which no strict deadline effect is attached.
- Strict deadline: a deadline for which it has been expressly agreed in writing that exceeding it immediately constitutes default.
- Down payment: the part of the agreed price (in principle 50%) that the client pays upon acceptance of the quote, after which Tekenpunt begins the work.
- Final payment: the remaining part of the agreed price, due before final files are released.
Article 2. Applicability and provision of these terms
These terms and conditions apply to all quotes, offers, agreements and services of Tekenpunt, unless otherwise agreed in writing.
Tekenpunt makes these general terms and conditions available electronically before or upon conclusion of the agreement in a manner that allows the client to store them and consult them again later.
Deviations from these terms and conditions apply only if expressly agreed in writing and only for the agreement in question.
Article 3. Scope of the assignment
The scope of the assignment is determined by the quote and the work described in it. Work not expressly included in the quote does not fall within the assignment.
Unless otherwise agreed in writing, the assignment does not include:
- physical measurement or site visit;
- structural survey;
- structural calculations, unless explicitly included in the quote;
- cone penetration testing, soil investigation, asbestos investigation or foundation investigation;
- fire safety reporting, BENG, MPG, daylight or ventilation calculations, unless explicitly included in the quote;
- legal advice on neighbour law, ownership, property boundaries, joint ownership, apartment rights or owners' association (VvE) regulations;
- consultation with neighbours, the owners' association (VvE), the landlord or other entitled parties;
- support in objection or appeal procedures;
- work performed by contractors, installers or executing construction parties;
- adjustments resulting from changed wishes, assumptions or regulations after approval of the quote.
Article 4. Quotes and online approval
An agreement is concluded once the client has accepted the quote in writing or electronically and, where applicable, has paid the deposit.
A quote is valid until the validity date stated in it. After this date, Tekenpunt may revise the quote or declare it lapsed.
For consumers, the agreement is only concluded after the consumer, prior to acceptance, has been clearly informed about the main characteristics of the service, the total price including VAT, additional costs, payment, delivery and lead time, the complaints procedure, the right of withdrawal and the applicability of these terms and conditions.
If the agreement is concluded online, Tekenpunt uses an order or acceptance button that makes it unambiguously clear that the client is entering into a payment obligation.
Tekenpunt retains the quote version, the version of these terms and conditions, the time of acceptance and the status of the consents given as evidence of the conclusion of the agreement.
After the agreement has been concluded, the client receives a confirmation of the agreement by email, including the consent given to immediate performance and the acknowledgement of the loss of the right of withdrawal.
Article 5. Right of disposal, owners' association (VvE) and consent
The client warrants that they are authorised to grant the assignment and, where necessary, have the consent of the owner, co-owner, landlord, owners' association (VvE), leaseholder, mortgage holder or other entitled parties.
Tekenpunt does not conduct legal research into ownership, plot boundaries, common ownership, neighbour law, apartment rights or owners' association (VvE) regulations, unless this has been expressly agreed in writing.
If the client acts in the course of a profession or business, the client indemnifies Tekenpunt against third-party claims arising from the absence of the required consent. A consumer is only liable for damage if the consumer knew or reasonably should have known that the required consent was lacking.
Article 6. Prices, VAT and price indications
Prices and amounts on the website are indicative starting prices (price indications) and not binding. The final price is set out in the personal quote.
In the personal quote, the total price including VAT is stated for consumers. For business clients, prices are stated excluding VAT, unless expressly indicated otherwise.
Third-party costs, such as municipal fees, archive costs, external investigations or additional reports, are not included unless expressly stated in the quote.
Surcharges apply for expedited delivery as stated on the website or in the quote.
After the agreement has been concluded, Tekenpunt may only change the price in the event of additional work, changed starting points, incorrect or incomplete information from the client, changed wishes of the client or unforeseen requirements of government authorities or third parties that fall outside the original assignment.
Article 7. Payment and final payment
Unless otherwise agreed in writing, payment is made in two instalments: a 50% deposit upon approval of the quote and a 50% final payment.
The invoice for the final payment is sent as soon as the drawings and/or documents are, in Tekenpunt's judgement, ready for final review or release. This invoice must be paid within 14 days, regardless of whether the client downloads or uses the files immediately.
Final, usable or submission-ready files will only be released after the final payment has been paid in full.
If a consumer fails to pay on time, Tekenpunt first sends a free payment reminder giving the consumer a period of 14 days to still make payment. Only if payment is not made within that period may statutory interest and extrajudicial collection costs be charged in accordance with the statutory scheme.
For business clients, Tekenpunt is entitled to charge statutory commercial interest and extrajudicial collection costs from the moment of default.
Article 8. Right of withdrawal for consumers
1. If the client is a consumer and the agreement is concluded at a distance, the consumer has the right to withdraw from the agreement within 14 days without giving reasons. The withdrawal period commences on the day the agreement is concluded.
2. Tekenpunt provides the consumer with clear information about the right of withdrawal and the model withdrawal form before or upon conclusion of the agreement (see the annex at the bottom of these terms and conditions).
3. Withdrawal may take place by means of an unambiguous statement sent by email to info@tekenpunt.nl or by using the model form.
4. If the consumer wishes Tekenpunt to begin performance within the withdrawal period, the consumer must give express consent in advance. This consent is recorded separately, for example via a checkbox that is not pre-ticked.
5. If the consumer withdraws within the withdrawal period after giving this consent, the consumer owes a proportionate amount for the part of the service that Tekenpunt has performed up to the moment of withdrawal. Third-party costs are only charged insofar as they were disclosed in advance in the quote and have actually been incurred.
6. If the service has been fully performed within the withdrawal period, the consumer only loses the right of withdrawal if the consumer has expressly consented in advance to full performance within the withdrawal period and has acknowledged that he loses his right of withdrawal once Tekenpunt has fully performed the agreement.
7. The right of withdrawal does not apply to business clients.
Article 9. Delivery and turnaround time
Stated turnaround times are indicative and serve as target dates, unless a strict deadline has been expressly agreed in writing.
The turnaround time only commences after Tekenpunt has received all necessary information, documents, declarations of approval and payments from the client.
If a target date is not met, Tekenpunt informs the client of the expected new schedule. Exceeding a target date does not automatically entitle the client to compensation, a discount or dissolution, unless there is a material shortcoming attributable to Tekenpunt and Tekenpunt, after written notice of default with a reasonable remedy period, still fails to perform.
Time limits, delays, system failures, additional information requests or decisions by municipalities, environmental services, aesthetics committees, the Environment Desk (Omgevingsloket) or other government authorities are beyond Tekenpunt's control and do not count as a failure by Tekenpunt to meet a deadline.
Article 10. Revisions and additional work
Revision rounds included in the quote and corrections following comments from the municipality, aesthetics committee or environmental agency are free of charge until the submitted set has been approved, insofar as these comments relate to work within the original assignment and are based on correct and complete starting points.
Free revisions do not apply if the comments or rejection result from changed wishes of the client, incorrect or incomplete information, changed starting points, additional requirements outside the original assignment, or the client's disregard of warnings or advice previously given by Tekenpunt regarding feasibility, permit requirements, aesthetic standards or structural buildability.
Revisions or changes outside the original assignment qualify as additional work and will be submitted to the client for approval in advance.
Article 11. Obligations of the client and dimensioning
The client is responsible for providing, in a timely and complete manner, all information, documents, photos, existing drawings, measurements and project data necessary for the performance of the assignment.
The client is responsible for checking draft drawings, measurements, positioning, chosen materials, intended use and project starting points before final documents are submitted or used.
If the client supplies measurements themselves, the client is responsible for their accuracy. Tekenpunt is not liable for deviations resulting from incorrect or incomplete measurements, unless Tekenpunt has confirmed in writing that it will carry out a physical survey itself.
Article 12. Performance by third parties and non-circumvention
Tekenpunt is entitled to have work carried out in whole or in part by third parties, including independent draughtsmen, structural engineers, advisers or other specialists. Tekenpunt remains the point of contact for the client and responsible for the agreed performance of the assignment.
The client conducts communication regarding the ongoing assignment through Tekenpunt, unless Tekenpunt permits otherwise in writing.
If the client has been brought into direct contact with an executing party engaged by Tekenpunt through Tekenpunt's intermediation, the client shall not, during the term of the assignment and for 12 months after its completion, directly commission this executing party for the same or closely related work outside of Tekenpunt, unless Tekenpunt gives prior written consent.
For consumers, this clause applies only insofar as it is reasonable to protect Tekenpunt's network and business goodwill and does not prevent the consumer from engaging an independent third party.
For business clients, a breach of the non-circumvention clause is subject to an immediately payable penalty of EUR 2.500 per breach, increased by EUR 250 per day the breach continues, up to a maximum of EUR 10.000, without prejudice to Tekenpunt's right to claim full compensation insofar as the damage exceeds the penalty. This penalty provision does not apply to consumers.
Article 13. No contractor responsibility
Tekenpunt is not responsible for the actual execution of construction work, construction site safety, choice of materials, working methods of contractors, installers or other executing parties, or for deviations during construction.
The client and/or the contractor engaged by the client remains responsible for execution in accordance with the permit, drawings, structural calculations, laws and regulations and the actual structural situation.
Tekenpunt is not liable for damage arising because the execution deviates from the documents prepared or approved by Tekenpunt, or because hidden defects prove to be present in the existing structure, foundation, soil, construction or installations, unless there is an attributable error by Tekenpunt within the agreed assignment.
Article 14. Liability
1. Tekenpunt performs the assignment with the care that may be expected of a reasonably competent and reasonably acting professional drafting firm.
2. Tekenpunt does not guarantee that a permit, approval from the municipality, approval from the aesthetics committee or approval from another government authority will be granted. Decisions, time limits and additional requirements of government authorities are beyond Tekenpunt's control.
3. If an application is rejected or comments are made on points that fall within the agreed assignment and are reasonably attributable to Tekenpunt, Tekenpunt will amend the relevant documents free of charge, insofar as this falls within the original assignment.
4. Amendments resulting from changed wishes, changed starting points, incorrect or incomplete information, changed regulations, requirements outside the original assignment or work by third parties count as additional work.
5. Tekenpunt is not liable for damage arising from:
- incorrect, incomplete or late information provided by the client;
- the absence of consent from the owner, owners' association (VvE), landlord, neighbours or other entitled parties;
- use of drawings or documents for a purpose other than that for which they were prepared;
- changes to drawings or documents by the client or third parties without the written consent of Tekenpunt;
- decisions, delays or additional requirements of municipalities, environmental services, aesthetics committees or other government authorities;
- execution of construction work by contractors or other construction parties;
- defects in existing construction, foundations, soil, structure or installations that were not expressly part of the assignment.
Article 15. Limitation of liability
1. To the extent permitted by law, Tekenpunt's liability is limited to the amount paid out in the relevant case by the professional or business liability insurance, increased by the applicable excess.
2. If no payment is made under the insurance, liability is limited to a maximum of the invoice amount of the assignment to which the liability relates.
3. Tekenpunt is not liable for indirect damage, consequential damage, business damage, lost profits, missed savings, reputational damage or damage due to delay, unless mandatory law provides otherwise.
4. The limitations in this article do not apply in the event of intent or deliberate recklessness on the part of Tekenpunt or its managers and do not affect consumers' mandatory statutory rights.
Article 16. Intellectual property and reuse
All drawings, designs, calculations and other documents produced by Tekenpunt remain the intellectual property of Tekenpunt unless otherwise agreed in writing.
After full payment, Tekenpunt grants the client a non-exclusive right of use for the project, the plot and the purpose for which the documents were prepared.
Draft drawings, sketches, calculations and other documents may not be used for execution, application or publication as long as they have not been designated as final and paid for in full.
Tekenpunt retains the right to reuse general knowledge, working methods, standard details, structural principles, templates, calculation methods, technical solutions and anonymised parts of drawings or calculations for other assignments, insofar as no confidential or directly traceable data of the client is used in doing so.
Reuse by the client for other projects, locations or clients is not permitted without the prior written consent of Tekenpunt.
Article 17. Delivery, client portal and retention of files
Tekenpunt delivers documents digitally via the client portal or by email. The client is responsible for downloading, checking and securely storing the delivered files in a timely manner.
Tekenpunt is not an archiving or cloud storage service and is not obliged to keep files digitally available indefinitely. Tekenpunt may archive, move or delete files and records after a reasonable period, with due observance of statutory retention obligations and the privacy statement.
If the client wishes to regain access to old files after delivery, Tekenpunt may charge reasonable administration costs for this, insofar as the files are still available.
Article 18. Cancellation by the client
1. Cancellation must be communicated to Tekenpunt in writing by email. The cancellation date is the date on which Tekenpunt receives the cancellation.
2. If the client is a consumer, this article does not affect the statutory right of withdrawal (Article 8).
3. In the event of cancellation after expiry of the withdrawal period, or for business clients after acceptance of the quote, the client is obliged to compensate the work already performed, costs incurred, third-party costs and reasonably reserved capacity.
4. If the work has not yet commenced, Tekenpunt may charge reasonable administration and reservation costs, insofar as these costs have actually been incurred or can reasonably be demonstrated.
5. If the work has already commenced, the hours already spent, work performed, third parties engaged and costs incurred will be charged. Depending on the progress of the assignment, this may amount to the full invoice amount.
6. Amounts already paid will be set off against the amounts due. If the amount due is less than the amount already paid, Tekenpunt will refund the difference.
Article 19. Inactivity
If the client fails to respond for 3 months to requests from Tekenpunt that are necessary to continue the assignment, Tekenpunt is entitled to suspend the work.
If the client still does not respond after a written reminder with a reasonable response period of at least 14 days, Tekenpunt is entitled to regard the assignment as terminated.
The work performed up to that point, costs incurred and capacity reserved will be charged and set off against amounts already paid.
If Tekenpunt resumes the assignment after a period of inactivity, Tekenpunt is entitled to charge any additional costs for updating the file, changed laws and regulations, changed municipal requirements or changed project starting points as additional work.
Article 20. Force majeure
Tekenpunt is not obliged to perform if it is prevented from doing so by circumstances beyond its reasonable control.
Force majeure includes, among other things: failures in software, hosting, payment providers, the client portal or government portals, cyber incidents, illness or unavailability of staff or engaged third parties, power or internet outages, government measures, delays at municipalities or other authorities and other circumstances that Tekenpunt could not reasonably have prevented.
During force majeure, obligations are suspended. If the force majeure lasts longer than 60 days, both parties may terminate the agreement, with settlement of work already performed and costs incurred.
Article 21. Confidentiality, portfolio and reviews
The parties treat confidential information received in the context of the assignment as confidential. Tekenpunt may share project information with employees, executing parties, advisers, government authorities and processors insofar as this is necessary for the performance of the assignment.
Tekenpunt only uses the client's name, the address of the project, recognisable photos or privacy-sensitive project information for marketing, portfolio or publication purposes after prior consent from the client.
Tekenpunt may use anonymised project information for internal quality improvement, statistics, portfolio purposes and reuse of general knowledge or standard details, provided this information is not directly traceable to the client or the specific address.
If Tekenpunt publishes success rates, project numbers or review averages, these are based on verifiable internal records or external review platforms and are updated periodically.
Article 22. Complaints
The client must report complaints about the performance of the assignment or the delivered documents to Tekenpunt in writing and in sufficient detail, as soon as possible after discovering the defect or after the defect could reasonably have been discovered.
For business clients, complaints must be reported in writing no later than 14 days after discovery, failing which Tekenpunt's interests may be prejudiced.
For consumers, a complaint must be reported within a reasonable time after discovery. A report within two months of discovery is in any event considered timely.
Tekenpunt responds within 14 days of receiving the complaint. If more time is needed, the client will receive within this period a confirmation of receipt with an indication of the further handling.
If a complaint is well-founded, Tekenpunt will first be given the opportunity to remedy the defect within a reasonable period.
A complaint does not suspend the payment obligation, except insofar as the law grants the client a right of suspension and the complaint is sufficiently connected to the outstanding amount.
Article 23. Applicable law and disputes
All agreements between Tekenpunt and the client are governed by Dutch law.
Disputes with business clients will be submitted to the competent court in the district of Amsterdam, unless mandatory law provides otherwise.
Consumers may, within one month after Tekenpunt has invoked this choice of forum in writing, opt for the court that has jurisdiction under the law.
For consumers, the mandatory provisions of Dutch consumer law always apply. In the event of any conflict between these terms and conditions and mandatory statutory consumer rights, the statutory rights prevail.
Annex: model withdrawal form
Only complete and return this form by email if you wish to withdraw from the agreement.
To: Tekenpunt (Autohuijs B.V.), Albardagracht 66R, 1067 DZ Amsterdam, email: info@tekenpunt.nl.
I/we hereby inform you that I/we withdraw from our agreement concerning the following service:
- Service or project:
- Quote number or project number:
- Ordered on / approval given on:
- Name of consumer:
- Address of consumer:
- Email address of consumer:
- Date:
- Signature of consumer (only if this form is submitted on paper):