General Terms and Conditions
1. Definitions
In these General Terms and Conditions, the following definitions apply:
Mirabeles: MIRABELES Home in Harmony, located at Randstad 22 12 in Almere, registered with the Dutch Chamber of Commerce under number 98320726, VAT number NL005323979B31, also referred to as “Contractor.”
Customer: the natural or legal person who has commissioned Mirabeles to perform Services.
Parties: Mirabeles and the Customer jointly.
Program of Requirements: an overview prepared by or on behalf of the Customer setting out the functional, aesthetic, technical and/or spatial wishes, requirements and preconditions for the Assignment. This document forms the basis for Mirabeles’ work.
Services: all work offered and provided by Mirabeles, including but not limited to consultancy in the field of Conceptual Feng Shui, interior design and project management.
Offer: any written proposal issued by Mirabeles to the Customer describing the Services, conditions and rates.
Agreement: the agreement concluded between Mirabeles and the Customer for the provision of Services.
Assignment: the Agreement between Mirabeles and the Customer pursuant to which Mirabeles provides Services, as set out in the Offer accepted by the Customer.
Additional Work: work that falls outside the scope of the originally agreed Assignment.
In Writing: by letter or by e-mail.
2. Applicability
2.1 These General Terms and Conditions apply to all Offers, Agreements and Services of Mirabeles, unless otherwise agreed in writing.
2.2 Deviations from these Terms and Conditions are only valid if expressly agreed in writing.
3. Services
3.1 Mirabeles provides consultancy in the field of Conceptual Feng Shui and/or interior design, and where desired, related project management services.
3.2 Mirabeles performs the Services on the basis of the Offer prepared in advance and accepted by the Customer.
4. Offers and Agreements
4.1 Offers are non-binding and valid for 14 days from the issue date, unless otherwise stated.
4.2 An Agreement is concluded as soon as the Customer accepts the Offer in writing or by e-mail.
4.3 All prices in Offers and invoices from Mirabeles are in euros and include VAT, unless otherwise stated.
4.4 Mirabeles reserves the right to refuse Assignments without providing reasons.
5. Compensation for Changes to the Assignment
The Customer owes an additional fee for Additional Work arising from:
changes in (government) regulations or restrictions;
changes to the design at the request of the Customer, whether before or after approval;
changes to the scope of work as agreed in writing.
Mirabeles will inform the Customer in a timely manner of the nature and costs of the Additional Work, unless circumstances make this impossible and postponement is not justified.
6. Payment Terms and Collection Costs
6.1 Unless otherwise agreed in writing, the following payment schedule applies:
50% of the total amount prior to the start of the Services;
50% after delivery of the advice or other work.
6.2 Payment must be made within 14 days of the invoice date.
6.3 In case of late payment, the Customer will be in default automatically and statutory interest will be charged. All reasonable extrajudicial collection costs will be borne by the Customer.
6.4 If collection takes place through legal proceedings, the Customer will reimburse Mirabeles for the actual legal costs incurred.
6.5 All claims of Mirabeles become immediately due and payable if the Customer:
applies for suspension of payments or is subject to debt restructuring;
is declared bankrupt or files for bankruptcy;
is in serious financial difficulties;
transfers its business, continues it in a different legal form or relocates abroad.
7. Delay in Execution
7.1 In the event of a delay in the execution of the Assignment, the Customer may not claim dissolution of the Agreement, in whole or partly.
7.2 Mirabeles will inform the Customer in a timely manner of any delays and the related costs, insofar as reasonably possible.
7.3 Mirabeles is not liable for any damages or consequential damages resulting from delays, nor for delays caused by third parties.
8. Deviations from the Design
8.1 By accepting the Offer, the Customer acknowledges the artistic freedom of Mirabeles to develop the design at its own discretion, taking into account the Program of Requirements.
8.2 Minor deviations between the delivered work and the original design do not constitute grounds for rejection, discount, compensation or dissolution.
8.3 Deviations that do not materially affect the utility value of the design are considered minor.
9. Cancellation and Termination
9.1 Cancellation of an appointment or Assignment must be made in writing or by e-mail.
9.2 In case of cancellation up to 7 days before the start, no costs will be charged.
9.3 In case of cancellation within 7 days before the start, 5% of the quoted amount will be charged.
9.4 In case of cancellation within 24 hours before the start, 15% of the quoted amount will be charged.
9.5 In the event of early termination by the Customer (without deficiency of Mirabeles by Mirabeles), or by Mirabeles due to actions attributable to the Customer, Mirabeles is entitled to:
the agreed fee plus 15%, based on the progress of the work at that time (pro rata); and
reimbursement of costs already incurred or to be incurred under existing obligations.
9.6 Termination will be in writing.
9.7 In the event of force majeure on the part of Mirabeles (such as unforeseen circumstances), a new date will be agreed with the Customer to resume, complete or deliver the work.
10. Execution of the Assignment
10.1 Mirabeles will carry out the Assignment to the best of its knowledge and ability, based on the accuracy of the information provided by or on behalf of the Customer.
10.2 If, during execution, it appears that the information was incorrect, incomplete or late, and the Assignment must be adjusted, additional costs will be charged as Additional Work.
10.3 Mirabeles may perform the Services itself or, if necessary, engage third parties.
10.4 The activities of Mirabeles are advisory and non-binding. The Customer remains responsible for the use and implementation of the advice.
11. Liability
11.1 Mirabeles is not liable for any direct or indirect damages, unless caused by intent or gross negligence.
11.2 Mirabeles is not liable for decisions made by the Customer based on the advice provided.
11.3 Mirabeles is not liable for work carried out by third parties not engaged by Mirabeles.
11.4 If the advice is based on incorrect information provided by the Customer, Mirabeles is not liable.
11.5 Mirabeles has the right to remedy any errors for which it is liable at its own expense or to limit damage.
11.6 If the design proves not to be feasible within the estimated budget due to Mirabeles, it will revise the design free of charge.
11.7 Mirabeles’ liability is limited to the amount paid out under its liability insurance. If no coverage applies, liability is limited to the invoice amount.
12. Intellectual Property
12.1 All designs, advice, sketches, drawings and other documents remain the property of Mirabeles, unless otherwise agreed in writing.
12.2 The Customer may not copy, publish or provide these materials to third parties without the written consent of Mirabeles.
12.3 Mirabeles has the exclusive right to publish, reproduce and use its designs, sketches, photographs and other images of the design, in accordance with the Dutch Copyright Act 1912 or the Benelux Convention on Intellectual Property, regardless of whether these have been provided to the Customer or third parties.
12.4 In the event of copyright infringement, Mirabeles is entitled to reasonable compensation.
12.5 The Customer acquires only the right to use the delivered designs and documents for the agreed purpose and project. Any other use requires Mirabeles’ written permission.
12.6 Mirabeles reserves the right to use images of all projects for promotional purposes (e.g., on its website, social media or in presentations). Such material will never include personal data, address details or other identifiable information about the Customer. The Customer may object to such use in writing and with reasons, in which case Mirabeles will cease publication of the material.
12.7 Intellectual property rights are transferred to the Customer only if this has been expressly agreed in writing. Without such transfer, all rights remain with Mirabeles.
13. Confidentiality
13.1 Both Parties undertake to maintain confidentiality regarding all confidential information obtained from each other in the context of the Agreement.
13.2 Information is considered confidential if designated as such or if this follows from its nature.
13.3 This duty of confidentiality remains in effect after termination of the Agreement.
14. Force Majeure
14.1 Force majeure refers to any circumstance beyond the reasonable control of Mirabeles which prevents (temporary or permanent) fulfilment of the Agreement. This includes, but is not limited to:
natural disasters (storms, floods, earthquakes);
fire, water or storm damage;
pandemics, epidemics or government restrictions on work;
prolonged failure of internet, electricity or communications;
war, terrorism, insurrection or the threat thereof;
government measures such as import/export bans, quarantine or construction halts;
strikes at suppliers or third parties engaged by Mirabeles;
general shortages of raw materials or materials;
unforeseen delays at suppliers;
serious illness or personal circumstances preventing the responsible designer at Mirabeles from performing her duties.
14.2 In the event of force majeure, Mirabeles may suspend its obligations. If the force majeure lasts longer than one (1) month, both Parties may dissolve the Agreement in whole or in part, without judicial intervention and without either party being entitled to compensation.
14.3 If Mirabeles has partially fulfilled its obligations at the time of force majeure, or can only partially fulfil them, it may invoice this part separately. The Customer must pay this invoice as if it concerned a separate Agreement.
14.4 If force majeure causes demonstrable damage to the Customer or seriously delays a planned delivery, the Parties will consult to reach a reasonable solution, such as rescheduling work or partially terminating the Agreement. Any amounts already paid for Services not yet delivered will be refunded pro rata, unless otherwise agreed in writing.
15. Complaints
15.1 Complaints about the performance of the Services must be submitted in writing to Mirabeles as soon as possible, but no later than 7 days after discovery.
15.2 Mirabeles will handle the complaint with care and, if the complaint is well-founded, make every effort to provide a suitable solution within a reasonable time.
15.3 Submitting a complaint does not release the Customer from its payment obligations.
16. Applicable Law and Disputes
16.1 All legal relationships between Mirabeles and the Customer are exclusively governed by Dutch law.
16.2 Parties will make every effort to resolve disputes amicably.
16.3 If a dispute cannot be resolved amicably, it will be submitted to the competent court in the district where Mirabeles is established, unless mandatory legal provisions prescribe otherwise.
17. Amendments to the General Terms and Conditions
17.1 Mirabeles reserves the right to amend or supplement these General Terms and Conditions at any time.
17.2 Changes do not affect existing Agreements. For Assignments entered into before the amendment, the Terms and Conditions applicable at that time remain in force until completion of the Assignment.
17.3 For any new Agreement concluded after an amendment, the then-current Terms and Conditions will apply.
17.4 By continuing to use the Services of Mirabeles after an amendment, the Customer accepts the applicability of the amended Terms and Conditions to future Agreements. 17.5 The most recent version of the Terms and Conditions can always be found at www.mirabeles.com.
These General Terms and Conditions were last updated on September 23, 2025.