Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Sunday Living: the activities of entrepreneur Marieke Vaandrager (X5222696V), based in Málaga, Spain, registered as an independent contractor.
Services: the agreed services provided by Sunday Living, including property purchase/sale guidance, project management, construction coordination, and interior design services.
Client: any natural or legal person who has accepted these general terms and conditions and enters into an agreement with Sunday Living.
Agreement: any service agreement between Sunday Living and the Client.
Service Fee: the compensation owed to Sunday Living for the services rendered.
Article 2 – Formation of the Agreement
2.1 These terms and conditions apply to all offers, proposals, and assignments concerning the services provided by Sunday Living.
2.2 Any general terms and conditions from the Client are expressly rejected.
2.3 The Agreement is formed when the Client accepts the offer or proposal issued by Sunday Living.
Article 3 – Scope and Execution of the Agreement
3.1 The services of Sunday Living vary depending on the project. The Agreement specifies the exact scope. Services may include:
- Guidance in the purchase or sale of property;
- Creative and project-related preparation;
- Construction supervision from start to completion;
- Assistance with quotations and supplier communication;
- Planning, coordination, and contact with third parties;
- Advice on material sourcing;
- Financial monitoring during construction;
- Support during final delivery with contractors;
- Interior design and furnishing services.
3.2 Sunday Living will perform the services to the best of its knowledge and abilities. Sunday Living has a best-effort obligation, not a results obligation.
3.3 Sunday Living acts as a trusted advisor. The Client must provide all necessary information and make timely decisions.
3.4 If the work is carried out in phases, Sunday Living may suspend work on subsequent phases until the previous phase has been approved in writing.
3.5 The Client may not issue instructions or assignments to third parties without informing Sunday Living.
3.6 Deadlines and schedules are indicative. If deadlines cannot be met, Sunday Living will consult with the Client to set a new indicative deadline.
3.7 The Client ensures all information required for proper execution is provided on time.
Construction Supervision
3.x Sunday Living does not act as a contractor and is not technically trained. Sunday Living only mediates between executing parties and the Client. The Client selects and contracts all parties directly unless agreed otherwise. Sunday Living is not liable for shortcomings of third parties.
3.x Any timelines provided by Sunday Living are indicative only.
Article 4 – Fees and Payment
4.1 The service fee is stated in the Agreement. Additional costs required for execution may be charged separately.
4.2 If modifications to the Agreement are necessary during execution, the Agreement will be adjusted accordingly. Costs may increase or decrease based on changes.
4.3 Additional costs (e.g., travel or material expenses) will be charged unless otherwise agreed.
4.4 Invoices must be paid within 14 days. After this period, a reminder will be issued with a one‑week grace period. If unpaid thereafter, the Client is in default and statutory interest will apply.
4.5 Unforeseen expenses are borne by the Client.
4.6 All amounts are exclusive of VAT unless explicitly stated otherwise.
Article 5 – Cooperation with Third Parties
5.1 Sunday Living may engage third parties if necessary.
5.2 Sunday Living is not liable for work performed by third parties who have a direct agreement with the Client.
5.3 Sunday Living is not liable for damages resulting from incorrect or incomplete information provided by the Client.
5.4 Orders to third parties are issued by or on behalf of the Client unless agreed otherwise.
5.5 The Client may not engage third parties without prior consultation if it impacts the execution of the project.
5.6 Sunday Living is not liable for errors made by external specialists, including structural, installation, or safety experts.
5.7 Sunday Living is not liable for indirect or consequential damages.
5.8 If a design proves unworkable due to Sunday Living’s error, Sunday Living will revise the design at no additional cost.
5.9 Liability is limited to the service fee or the total invoiced hours for the project.
5.10 Claims must be submitted in writing within 30 days of discovering damages.
Article 6 – Modifications to the Assignment
6.1 If changes are necessary during execution, the assignment will be revised.
6.2 Changes may affect delivery times.
6.3 Financial or qualitative impacts will be communicated beforehand.
6.4 Additional work will be charged to the Client.
6.5 If delays are caused by the Client, additional costs may apply.
Article 7 – Termination of Services
7.1 Both parties may terminate the Agreement in writing. The Client must pay for all work completed up to that point.
Article 8 – Liability
8.1 Sunday Living performs services with due care. Liability only applies in cases of gross negligence.
8.2 Sunday Living is not a contractor and not technically trained, and is therefore not liable for errors made by third parties hired by or on behalf of the Client.
8.3 Liability is limited to direct damages only, up to a maximum of €5,000.
8.4 Sunday Living is not liable for indirect or consequential damages.
8.5 Claims expire 6 months after the service period ends.
Article 9 – Products, Orders & Delivery
9.1 Sunday Living does not keep stock; all products are custom-made or ordered specifically for the Client and may not be returnable.
9.2 Sunday Living is not responsible for incorrect information on external websites.
9.3 The Client must check all orders for accuracy.
9.4 Sunday Living is not obliged to fulfil obligations in the event of force majeure.
9.5 Delivery and installation arrangements will be agreed upon in advance.
9.6 Delivery times depend on suppliers.
9.7 Sunday Living is not responsible for extra costs due to insufficient access to the delivery location.
9.8 Complaints will be handled by Sunday Living.
9.9 Warranty follows the manufacturer’s terms.
Article 10 – Intellectual Property
10.1 All drawings, designs, sketches, photos, and related materials remain the property of Sunday Living.
10.2 Publication or duplication is not allowed without written consent.
10.3 Sunday Living may use visual material for promotional purposes unless otherwise agreed.
Article 11 – Force Majeure
11.1 Sunday Living is not liable if obligations cannot be fulfilled due to circumstances outside its control.
11.2 Force majeure includes all events beyond Sunday Living’s influence.
11.3 Obligations are suspended during periods of force majeure.
11.4 Force majeure does not give rise to compensation claims.
Article 12 – Disputes
12.1 Parties will first attempt to resolve disputes amicably.
12.2 Disputes fall under the jurisdiction of the Court of Málaga.
Article 13 – Final Provisions
13.1 Sunday Living reserves the right to decline assignments.
13.2 Spanish law applies exclusively.
13.3 Parties will resort to court only after attempting resolution.