General terms and conditions

These general terms and conditions of the Central Housing Industry Association (CBW) have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force on 1 December 2005.

ARTICLE 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

The entrepreneur: the seller/contractor who, as a member of the CBW, enters into or wishes to enter into an agreement with the purchaser;

The buyer: the buyer/client or anyone who enters into or wishes to enter into an agreement with the entrepreneur;

The business customer: the purchaser who acts in the exercise of a profession or business;

The consumer: the purchaser who is not acting in the exercise of a profession or business;

Episode: the actual presentation of the purchased goods and/or the agreed goods and/or semi-finished products to the buyer;

Delivery: making the agreed items and/or work available ready for use, as agreed;

Remotely concluded agreement: the agreement whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

SG CBW: CBW Guarantee Schemes Foundation, which is responsible for the implementation and enforcement of the guarantee schemes as referred to in Articles 17, 19 and 20 of these terms and conditions;

Floor: subfloor and/or intermediate floor and/or floor covering material;

Subfloor: the existing substrate on which the work is to be carried out;

Mezzanine: the material applied between the subfloor and the floor covering material, other than subfloor repair material.

The agreement, offer, delivery, or service may, if agreed upon, relate to connection, installation, assembly, and other work. This includes:

Connect: connecting all supply and discharge pipes and wiring to existing and correctly installed connection points;

Install: the installation of all supply and discharge pipes, wiring and connection points required for the correct installation of the product;

Mounting (placing): the assembly and adjustment of the item or parts thereof;

Other activities: demolition and renovation work, leveling floors and walls and laying tiles.

ARTICLE 2 - Validity

These terms and conditions may only be used by members of the CBW.

ARTICLE 3 - Intellectual property

The entrepreneur reserves, if and to the extent applicable, the intellectual property rights to, among other things, designs, images, drawings, samples, swatches, and models provided with or without the quotation. These must be returned immediately upon the entrepreneur's first request, without prejudice to other legal measures available to the entrepreneur to safeguard its rights. The purchaser is not permitted to remove or alter any indications regarding intellectual property rights on/in the services delivered or made available by the entrepreneur. The purchaser is prohibited from reproducing, publishing, exploiting, or displaying any material of the entrepreneur that is subject to intellectual property rights in any way without the entrepreneur's permission.

ARTICLE 4 - The quotation

All quotations are valid for 18 days from the quotation date, unless otherwise stated in the quotation. They are based on the information, drawings, and dimensions derived from them provided by the buyer, as well as any measurements taken by the contractor. The buyer is obligated to inform the contractor of any facts and/or circumstances that may affect the performance of the agreement, insofar as they were or should have been aware of them. For all floors, the largest length and width dimensions are used when measuring the surface area. Designs, images, drawings, specifications of dimensions and weights, samples, and models provided by the contractor are as accurate as possible. The quotation will explicitly include a full description of the goods to be delivered and the work to be performed, the total (purchase) price, and the delivery time, and will indicate the risks for both parties. In the quotation, the contractor informs the buyer of their duty of care for the contractor's articles, materials, and tools that are present on the work site, without prejudice to the buyer's statutory liability. When ordering on demand, the quotation contains not only an indication of this term but also information about the elements mentioned in Article 6, paragraph 6. The quotation provides insight into the price of the materials and the pricing method that will be used for the work to be carried out: contract price or cost-plus.

a with the contract sum pricing method, the parties agree on a fixed amount for which the work will be carried out;

b With the cost-plus pricing method, the contractor provides a precise specification of the price factors (including the hourly rate and unit prices of the required materials). At the consumer's request, the contractor can provide an estimate of the expected execution costs by providing a target price. The quotation includes the payment terms. Any work not specified in the quotation is not covered by the agreement and may increase the price. The consumer must allow the contractor to properly perform the work. If the consumer has specific obligations in this regard, the contractor will explicitly inform the consumer of these in the quotation. This may include, for example, the requirement that the building in which the work is being carried out be glass-tight, or that floors be free of lime, cement, dirt, and loose parts, and that the installation points, pipes, and drains are present in accordance with the contractor's drawings. If the buyer does not accept the offer, the entrepreneur is entitled to charge the costs associated with preparing the quotation, provided that the entrepreneur has informed the consumer in writing or electronically of the existence of these costs and their awareness immediately before or when requesting the quotation. If the entrepreneur exercises its right and the buyer has paid the costs, ownership of the drawings included with the quotation will transfer to the buyer, without prejudice to the entrepreneur's intellectual property. Article 7:46c of the Dutch Civil Code applies to distance contracts.

ARTICLE 5 - The Agreement

The down payment

The entrepreneur is entitled to request a deposit when entering into an agreement with a consumer. The maximum percentage depends on the product. The guarantee in Article 17 of these terms and conditions applies to this deposit, provided the procedure specified in that article is followed. In the case of an agreement with a business customer (non-consumer), a deposit may always be requested and no maximum percentages apply. A maximum deposit of 25% applies to all products, except those listed below. A maximum deposit of 15% applies to:

a kitchen/bathroom or parts thereof, or sanitary articles and/or work to be carried out in connection with these products;

b parquet, solid wood floorboards, marmoleum, natural stone, gravel, gravel tile, cork laminate floors and/or work to be carried out in connection with these products.

Price change

If a price change occurs after the conclusion of an agreement with a consumer but before delivery or collection, this change will not affect the agreed price if it occurs within three months of the conclusion of the agreement. Price changes after the aforementioned three-month period will be passed on to the consumer. The consumer then has the option to agree to the changed price or to cancel as referred to in Article 12. This is only different if, upon concluding the agreement, the entrepreneur states that the delivery time will be longer than three months. Price increases will be passed on to business customers. The provisions of Section 4 of this article do not apply to price changes in the context of clearance sales, closing-down sales, showroom models, discounts, promotions, offers, and the like.

Retention of title

The entrepreneur retains ownership of the goods sold by him to the buyer as long as the buyer has not fully paid the purchase price and any additional amounts owed to the entrepreneur. The buyer is obligated to ensure careful handling and is not entitled to transfer the goods to third parties or to pledge them, to pawn them, or to remove or have them removed from the premises where they were delivered, until the entire purchase price and any associated interest and costs rightfully claimed have been paid in full. If the buyer referred to in the previous paragraph has been granted a moratorium, declared bankrupt, or is subject to statutory debt restructuring as a natural person, the entrepreneur is entitled to dissolve the agreement in whole or in part without notice of default or judicial intervention.

Security for business customers

In an agreement with a business customer, the entrepreneur is entitled to demand sufficient security for the fulfillment of the customer's payment obligations before delivering or continuing with the delivery or fulfillment of the agreement.

Compensation for business customers

When performing an agreement with a business customer, the entrepreneur is never obliged to pay any other compensation than that expressly set out in these terms and conditions, in particular not to compensate for other direct or indirect damage, including damage to third parties, loss of profits and the like.

Call-out charges

The entrepreneur is entitled to charge call-out costs, provided this has been agreed upon when concluding the agreement.

Remotely concluded agreement t

In the case of a distance contract, Article 7:46d of the Dutch Civil Code applies.

ARTICLE 6 - Delivery time

Delivery time refers to the period specified in the agreement within which the performance must be completed. The delivery time is fixed unless an estimated delivery time has been agreed upon. If the estimated delivery time is exceeded, the entrepreneur will be granted an additional period to deliver. This additional period is equal to the original estimated delivery time, with a maximum of one month. If the entrepreneur delivers within this additional period, any price increase within this period will not be passed on. If this additional period or the fixed agreed delivery time is exceeded, the customer has the right to terminate the agreement without notice of default or judicial intervention and/or to claim damages. If the estimated or fixed agreed delivery time is exceeded, the entrepreneur is not liable for consequential damage, regardless of its nature, in an agreement with a business customer. In an agreement with a consumer, the entrepreneur is obligated to compensate for damage that is so related to the excess that it can be attributed to the entrepreneur, taking into account the nature of the liability and the nature of the damage. If a call-off order, meaning the customer's notification that an order can be placed, is agreed upon, the fixed or estimated delivery time agreed upon in the agreement applies from the time of the call-off. The call-off must take place within nine months of the conclusion of the agreement, unless otherwise agreed. If the call-off does not take place within this period, the entrepreneur will send the customer a written or electronic reminder and grant an additional period of up to three months to make the call-off. After this period, the agreement is considered cancelled and Article 12 applies. For distance contracts, Article 7:46f of the Dutch Civil Code applies in conjunction with Section 2 of Article 7:46j of the Dutch Civil Code.

ARTICLE 7 - Rights and obligations of the entrepreneur

The entrepreneur will deliver the agreed goods properly and soundly, and in accordance with the terms of the agreement. The entrepreneur will carry out the work to be performed by him properly and soundly, and in accordance with the terms of the agreement. When delivering goods and performing work, the entrepreneur will comply with the applicable statutory regulations, as they are or will be in force at the time of delivery/performance. The entrepreneur is obligated to inform the consumer in a timely manner, before concluding the agreement, that the consumer is obligated to ensure that the location where the work is to be performed is suitable for its performance, such as: the location where the delivery/collection is to take place can be properly closed off; the building and/or installation regulations are met; electricity, heating, water, and adequate ventilation are available. If the entrepreneur fails to fulfill this obligation, they must compensate the consumer for any direct damage and costs incurred as a result. The direct damage and costs incurred by the entrepreneur will then be for the consumer's own account. The entrepreneur also informs the consumer of:

• inaccuracy in the order or assigned work, including working on an unsound surface;

• defects and unsuitability of items, including materials or resources, made available by the consumer;

All this to the extent the contractor is aware of it or reasonably should be aware of it. If the contractor fails to comply with this information obligation, they are liable for the damage, unless it cannot be attributed to them. If informed by the client, the contractor will provide the information that may be expected of them within their expertise regarding the need for the use of special equipment such as a lift or crane. The parties agree on the responsibility and risk for the use of the special equipment. The contractor undertakes to continue the work regularly after commencement. The contractor ensures that the work is carried out by persons with appropriate expertise.

In principle, the contractor has the right to an extension of the term if the execution of the work is delayed as a result of circumstances for which the buyer is responsible.

ARTICLE 8 - Rights and obligations of the purchaser

The buyer shall enable the contractor to deliver the goods or perform the work. The buyer shall ensure that the contractor has timely access to the necessary approvals (permits, etc.) and the information to be provided for the work, such as the location of the pipes. The buyer is obligated to ensure that the location where the work is to be performed is suitable for its execution, such as: the location where the delivery/collection is to take place can be properly closed off; the building and/or installation regulations are met; electricity, heating, water, and adequate ventilation are available. If the consumer fails to comply with this obligation, they must compensate the contractor for any demonstrable direct damage and reasonable costs incurred as a result. The direct damage and costs incurred by the consumer themselves will then be their own responsibility. The buyer bears the risk for damage caused by:

• inaccuracies in the work assigned;

• inaccuracies in the constructions and working methods required by the customer;

• defects in the (im)movable property on which the work is being carried out,

• defects in materials or resources made available by the purchaser.

This does not affect the contractor's obligation to inform the customer of Article 7, paragraph 4. The customer must inform the contractor of any special circumstances that necessitate, for example, the use of a lift or crane. The parties agree on the responsibility and risk for the use of such special equipment. If the customer fails to provide the necessary information, the costs of using such equipment will be borne by the customer. The customer must ensure that any work and/or deliveries to be carried out by third parties that are not part of the contractor's work are carried out in such a way and on time that the execution of the work is not delayed. If, nevertheless, a delay within the meaning of this paragraph occurs, the customer must inform the contractor of this in a timely manner. The customer must ensure that no other work that could cause damage is carried out in the space where the work is taking place or has taken place.

The purchaser shall ensure that the delivery location is easily accessible, that, to the extent possible, everything possible is done to facilitate smooth delivery and, if applicable, that the space where the work is being performed is available in a timely manner. If the commencement or progress of the work is delayed by circumstances as referred to in the preceding paragraphs, the purchaser shall compensate the contractor for any associated damages, if these circumstances can be attributed to the purchaser.

The buyer is obligated to take care of the contractor's articles, materials, and tools that are present at the work site until the purchase price has been paid in full. This duty of care should preferably be substantiated by insurance. Any buyer who insists on certain work being performed against the contractor's express advice is liable for any resulting damage.

ARTICLE 9 - Storage of goods

If the agreed goods are not accepted after delivery on the agreed delivery date, other than due to defective delivery or because the buyer refuses to accept the goods, the entrepreneur will make a second delivery within a reasonable period. After refusal or after the second delivery, the entrepreneur is entitled to charge the buyer for storage costs and any further demonstrable damage and reasonable costs. If the second delivery is also not accepted, the entrepreneur will:

a demand compliance with the agreement, charge storage costs, any further demonstrable damage and reasonable costs;

b. or first hold the goods in storage for 30 days, charging storage costs to the buyer;

c. If the goods to be delivered have not yet been taken by the consumer, the entrepreneur is entitled to consider the agreement cancelled as referred to in Article 12. If the entrepreneur considers the agreement cancelled, the cancellation fee will be increased by the amount of the storage costs for the 30 days. In the event of refusal, either after the first or second delivery, the entrepreneur has the option to act as provided under a, b, or c. If the goods have been paid for by the consumer, the entrepreneur will store them for a maximum of three months, charging the consumer reasonable internal or external storage costs, taking into account, among other things, the sales value of the goods and the duration of the storage period, unless otherwise agreed. If the consumer does not take delivery of the goods after three months, the agreement is deemed cancelled as referred to in Article 12, charging the entrepreneur reasonable internal or external storage costs. Before the entrepreneur may do so, it must notify the consumer of its intention in writing or electronically. In the event of a consumer purchase, the entrepreneur will insure the risk of fire and damage at his own expense.

ARTICLE 10 - Transport and damage upon delivery

Unless otherwise agreed, the agreement includes the transport of the purchased items by the entrepreneur, who bears the risk of damage and loss. If the purchased items are delivered by a professional carrier, the entrepreneur is required to provide adequate insurance.

If damage is found upon delivery, the buyer must note the damage on the receipt. If there is no opportunity to detect any damage to the delivered goods upon delivery, the buyer must note this on the receipt. It is strongly recommended that you report any visible damage to the company within two business days of delivery.

ARTICLE 11 - Payment

Buy and sell

Every sales agreement, even if it also includes the contracting of work, is concluded under the general condition: net cash payment upon delivery. Cash payment also includes crediting the amount due to a bank or giro account specified by the entrepreneur at the time of delivery or payment by electronic payment methods recognized by banks. An entrepreneur who makes partial deliveries pursuant to a sales agreement is entitled to demand payment for the delivered goods with each partial delivery. The purchaser will receive a partial invoice for each partial delivery.

Acceptance of work

In the case of a contract for the exclusive acceptance of work, the general payment condition applies:

• when placing the order, 25% or 15% of the agreed sum, depending on the applicable maximum down payment percentage as set out in Article 5.

• after the supply of materials 45% and 55% respectively

• immediately after delivery 20% and

• the remaining 10% within 14 days of delivery. The buyer will always receive a partial invoice for this. Unlike a sales agreement, the parties may agree in writing or electronically to deviate from this general payment term, for example, by stipulating that part of the payment be made in installments proportional to the progress of the work.

Payment upon purchase and acceptance of work

Payment of an invoice or partial invoice must take place no later than 14 days after receipt or 21 days after the invoice date, unless otherwise agreed.

Late payment in the purchase and acceptance of work

If the consumer fails to pay on time, they are legally deemed to be in default without further notice of default. Nevertheless, after the invoice date has passed, the entrepreneur will send a payment reminder in which they inform the consumer of their default and give them the opportunity to pay within fourteen days of receipt of the reminder. After the period referred to in paragraph 5 has expired, the entrepreneur is authorized to proceed with collection of the amount owed without further notice of default. If the entrepreneur engages third parties for collection, the associated costs, up to a maximum of 15% of the outstanding principal amount and with a minimum of €35, will be borne by the consumer. If payment has not been made after the expiry of the period stated in the payment reminder as referred to in paragraph 5, the entrepreneur will charge interest from the expiry of the applicable payment term referred to in paragraph 4 until the date of receipt of the amount owed. This interest is equal to the statutory interest rate.

Suspension of payment obligation when purchasing and accepting work

In the event of complaints, the consumer is only entitled to withhold that portion of the invoice that is reasonably proportionate to the content and severity of the complaint. The collection option referred to in paragraph 6 does not apply in this case. This does not release the consumer from their obligation to pay the remaining portion of the invoice within the agreed term. If, in a contract for the exclusive acceptance of work, payment in installments has been agreed upon and the contractor fails to fulfill their obligation to continue the work, the consumer has the right to suspend payment of the installment. This does not affect the consumer's remaining payment obligation under paragraph 3 of this article.

Payment for a remote agreement

In the case of a distance contract, Article 7:46g of the Dutch Civil Code applies.

ARTICLE 12 - Cancellation

If the buyer cancels the agreement, they owe compensation equal to 30% of the amount they would have paid for the performance of the agreement, unless the parties agreed otherwise upon entering into the agreement. The percentage referred to in the previous sentence is 50% if the buyer cancels an agreement after they have already been notified that the collection or delivery, or part thereof if it concerns a partial delivery, can take place. The percentages mentioned in the previous paragraph are fixed, unless the entrepreneur can prove that their damages are greater or the buyer can demonstrate that the damages are less.

ARTICLE 13 - Additional costs, additional work and/or less work

Costs incurred because the buyer has failed to enable the execution or progress of the work will be charged to the buyer. Additional work and/or less work will be settled fairly. Additional work generally includes: all work and deliveries not included in the agreement and requested by the buyer. Less work is defined as: the agreed work that will not be carried out with the consent of both parties. Surfaces not to be floored, such as columns and recesses, will not be deducted. Cutting losses will not be deducted. At the buyer's request, the contractor will leave any remaining material with the buyer.

ARTICLE 14 - Non-performance of agreement due to force majeure

If performance of the agreement is temporarily impossible due to a cause beyond the control of either party, the other party will be released from its obligations for that period. If performance of the agreement is permanently impossible for either party, in whole or in part, due to a cause beyond its control, both parties will make all reasonable and fair efforts to perform the agreement, in whole or in part, respectively. The parties will consult with each other to this end. If the parties fail to reach an agreement, they have the right to terminate the agreement, in whole or in part, respectively, against compensation to the other party.

of the costs reasonably incurred.

ARTICLE 15 - Conformity and warranty

The delivered item must possess the properties the buyer may expect under the agreement under normal use (conformity). This also applies to special use, insofar as this was anticipated by the parties upon entering into the agreement. If these expectations are not met, the buyer is entitled to repair or replacement, cancellation, and/or a price reduction. In addition to its statutory obligation as stated in paragraph 1, the entrepreneur provides the buyer with a warranty on the delivered item, insofar as it concerns defects that the entrepreneur cannot demonstrate are the result of use not in accordance with its intended purpose. Unless explicitly stated in the offer and otherwise agreed in writing or electronically, the warranty is provided according to the following system:

• up to one year after invoice date: the costs of repair or replacement, including freight and call-out charges, are fully borne by the entrepreneur;

• one year and up to two years after the invoice date: 2/3 of the costs of repair or replacement, including freight and call-out charges, will be borne by the entrepreneur;

• After two years and up to three years after the invoice date: the costs of repair or replacement, including freight and call-out charges, will be borne by the entrepreneur for one-third. The purchaser is not entitled to replacement if the defect can reasonably be repaired. After relocating outside the Netherlands, the right to reimbursement of freight and call-out charges is limited to the costs that the entrepreneur would have incurred if the purchaser had remained at the address to which the item was delivered. The entrepreneur's obligation regarding conformity as referred to in paragraph 1 and any product warranty referred to in paragraph 2 are not covered by the deposit guarantee referred to in Article 17, paragraph 1. The date on which the purchaser submits the complaint is decisive for the application of the aforementioned system. If the manufacturer of the items provides the entrepreneur with a more extensive warranty, this warranty also applies to the purchaser. Warranty provisions are only valid when the delivered items or the work performed are used in accordance with their intended purpose. The buyer is obligated to conduct themselves as a good buyer, which includes, for example, maintaining the product properly and adequately and handling it prudently. Deviations in the delivered product regarding color, wear resistance, texture, etc., which are technically acceptable according to current, customary standards or commercial practice, may limit or exclude the right to warranty and/or compensation.

ARTICLE 16 - Liability

Without prejudice to its liability under the law and what has been agreed between the parties, the entrepreneur is not liable for damage resulting from causes of which the entrepreneur was not aware nor should have been aware, such as:

• the development of shrinkage joints and/or hairline cracks as a result of the gradual loss of construction moisture after new construction or renovation;

• the development of discolouration, shrinkage seams and/or hairline cracks caused by the direct effect of heat sources such as the sun, central heating pipes and fireplaces;

• extreme changes in the humidity percentage or temperature, or a humidity percentage that is too high or too low in the room in question and surrounding rooms;

• an incorrect composition of the intermediate and/or subfloor, if and insofar as this has not been installed by the contractor, or an insufficiently flat subfloor, if and insofar as this has not been installed by the contractor. The contractor shall report the insufficient flatness to the customer before commencing the work;

• the floor not being permanently dry, provided that the contractor has measured the moisture level of the floors beforehand and the result did not give reason not to carry out the work.

ARTICLE 17 - Deposit guarantee

This scheme benefits consumers who have concluded a purchase or sales agreement or other agreement in the field of home furnishings with a participant in SG CBW, the entrepreneur. This scheme does not apply to agreements with business customers. The entrepreneur's obligation regarding conformity, as referred to in Article 15, paragraph 1, and any product warranty referred to in Article 15, paragraph 2, are not covered by the SG CBW deposit guarantee. This scheme applies if all four of the following conditions are met:

a there is an agreement as referred to in paragraph 1;

b the consumer has made a down payment;

c the entrepreneur has been granted a suspension of payments, has been declared bankrupt or has been declared subject to statutory debt restructuring as a natural person and

d. in connection with which the agreement referred to in subparagraph a is not or not fully executed, nor is the down payment refunded within three months after the suspension of payments has been granted, statutory debt restructuring has been declared applicable or bankruptcy has been declared.

For this scheme to apply, the consumer must submit a written or electronic appeal to the SG CBW no later than three months after the conditions stated under a through d have been met. The consumer must, in any case, submit a copy of the purchase agreement, proof of the down payment, and a copy of the notice from the receiver/trustee stating that the agreement will not be executed and that the down payment will not be refunded. If paragraph 2 applies, the SG CBW will inform the consumer within two months of submitting an appeal to the scheme whether they are eligible for the down payment guarantee. If so, the SG CBW will, within the aforementioned two-month period, provide the consumer with a list of participants with whom a replacement purchase can be concluded. Within six months thereafter, the consumer can conclude one or more agreements with the entrepreneur of their choice from their normal collection and under their normal delivery terms for the supply of home furnishing articles or the provision of home furnishing services. In that case, the consumer's down payment will be deducted from the price owed, up to a maximum of 15% or 25% of the original price owed, or up to a maximum of 15% or 25% of the new price if the new price is lower than the original price owed. The percentage is the originally agreed down payment percentage, taking into account the maximum starting percentages. A maximum down payment percentage of 25% applies to all products except those listed below. A maximum down payment percentage of 15% applies to:

a kitchen/bathroom, or parts thereof, or sanitary articles and/or work to be carried out in connection with these products;

b. parquet, solid wood floorboards, marmoleum, natural stone, gravel, gravel tiles, cork laminate floors and/or work to be carried out in connection with these products. The consumer is not eligible for the scheme if the replacement purchase is concluded without assessment by SG CBW, nor if the purchase is concluded with a participant not listed. The consumer must submit the letter from SG CBW stating their eligibility for the down payment scheme to the business where the replacement purchase was concluded. The consumer is obligated to provide all requested information to SG CBW and to transfer their claim against the original business—up to a maximum of the amount to be deducted pursuant to paragraph 3—to SG CBW.

ARTICLE 18 - Complaints

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described, preferably in writing or electronically, promptly after the consumer discovers the defects. In the case of consumer purchases of movable goods, notification within two months of discovering the defect is considered timely. Failure to submit the complaint on time may result in the consumer losing their rights in this regard.

ARTICLE 19 - Dispute resolution

Disputes between consumers and businesses concerning the conclusion or performance of agreements relating to services and goods to be provided or already provided by this business can be submitted by either the consumer or the business to the Housing Disputes Committee, Bordewijklaan 46, Postbus 90600, 2509 LP The Hague ( www.sgc.nl ). The Disputes Committee will only consider a dispute if the consumer has first submitted their complaint to the business. After submitting the complaint to the business, the dispute must be submitted to the Disputes Committee no later than three months after its occurrence. When the consumer submits a dispute to the Disputes Committee, the business is bound by this choice. If the business wishes to submit a dispute to the Disputes Committee, they must ask the consumer to state within five weeks whether they agree to this. The business must also announce that they will consider themselves free to submit the dispute to the court after the aforementioned period has expired. The Disputes Committee renders its ruling in accordance with the provisions of its applicable regulations. Decisions by the Disputes Committee are made pursuant to these regulations by way of binding advice. The regulations also provide for dispute resolution through the intervention of a mediation expert. The regulations will be sent upon request by the Housing Disputes Committee. A fee is payable for handling a dispute.

Only the court or the Disputes Committee mentioned above has jurisdiction to hear disputes.

ARTICLE 20 - Compliance Guarantee

The SG CBW guarantees the consumer compliance with a binding recommendation issued by the Disputes Committee and a settlement recorded by the mediation expert, unless the participant has submitted the binding recommendation to the court for review within two months of its date and insofar as the agreement underlying the binding recommendation or settlement agreement cannot or could not have been invoked under the deposit guarantee referred to in Article 17. For this guarantee to apply, the consumer must submit a written or electronic appeal to the SG CBW within three months of the expiration of the period within which the entrepreneur was required to comply with the binding recommendation or settlement agreement. The SG CBW will not provide a compliance guarantee if, before the dispute is considered, one of the following situations applies:

a the participant has been granted a moratorium on payments;

b the participant has been declared bankrupt or statutory debt restructuring has been declared applicable to him as a natural person;

c. The participant's business activities have effectively ceased. The determining factor for this situation is the date on which the business termination is registered in the Trade Register, or an earlier date that the SG CBW can demonstrate demonstrates that the business activities have effectively ceased.

If one of the situations listed in paragraph 2(a)(c) occurs after the dispute has been dealt with, but before the binding opinion has been issued or the settlement has been finalized, compliance with the binding opinion or the settlement agreement is guaranteed up to a maximum of €2,269 for kitchen, bathroom, or sanitary ware and €1,361 for all other products, provided that the consumer transfers the entire claim to the SG CBW. If recovery by the SG CBW from the entrepreneur is reasonably possible, the amount recovered will be paid to the consumer, provided that this, together with the amount previously paid, does not exceed the total value as stated in the binding opinion or the settlement agreement.

ARTICLE 21 - Dutch law

All agreements to which these conditions apply are subject to Dutch law.