These terms and conditions govern the sales and purchases of Plans provided by NordicHomePlans. These terms form a binding agreement between you, or the entity you represent, on the one hand as the Client, and NordicHomePlans on the other hand. Please read these Terms carefully before purchasing any Plans. These terms become binding either upon express acceptance or upon indirect acceptance by purchasing any Plan.
- Definitions
- The following capitalised terms have the meaning attached to them below:
- Client means the person or entity identified in the Order purchasing a Plan from NordicHomePlans;
- Custom Plan means a Plan which is modified, altered, or otherwise tailored by NordicHomePlans to the specification of the Client upon the latter’s request;
- NordicHomePlans means NordicHomePlans OÜ, an Estonian company with the registry code 14047011, address Narva mnt 7, Tallinn, Harju maakond 10117, Estonia, email hello@nordichomeplans.com;
- Order means a purchase order submitted by the Client to purchase one or more Plans from NordicHomePlans;
- Parties means the Client and NordicHomePlans together;
- Plan means a set of construction drawings provided to Clients by NordicHomePlans that define a house’s construction specifications, including the floor plan and related technical drawings, the exact scope of which is determined on the Website;
- Technical Plans means technical drawings or schematics related to structural components, electrical systems, plumbing, or any other technical elements;
- Terms means these terms and conditions as well as the Privacy Policy and other instructions made available to the Client by NordicHomePlans;
- Website means the website with the domain name www.nordichomeplans.com, including its subdomains.
- The following capitalised terms have the meaning attached to them below:
- Terms of Purchase
- All Plans which are available for purchase are displayed on the Website. The Website also displays the price for each Plan, the specific technical drawings, three-dimensional models, and construction rights associated with each Plan, and other specifics or requirements related to each Plan.
- The Client (including the prospective Client) may purchase Plans by submitting Orders via the Website. To submit an Order, the Client must provide all required information, including payment information. After supplying the required information, the Client is displayed the order form detailing the total price, quantity, and delivery information for the ordered Plan(s). After accepting the order form and full payment via the provided payment solution, the Order is deemed to be submitted to NordicHomePlans.
- After submitting an Order, NordicHomePlans shall process the Order within 3 days. After the Order has been processed, NordicHomePlans shall deliver the purchased Plans to the Client immediately after the purchase has been processed, and an additional download link for the Plans will be sent via email marked in the billing information by the Client.
- Purchased Plans shall be delivered in the file format described in the corresponding buying options of the Plans. NordicHomePlans reserves the right not to convert the Plans into any other file formats not described in the buying options of the Plans.
- The Client shall ensure that the file format of the Plan is compatible with the software used by the Client for the usage of such Plans.
- Purchasing Custom Plans
- The Client may request a Custom Plan from NordicHomePlans in the ordering process. If a Client has submitted an Order for a Custom Plan, the Parties shall separately agree on the fees, payment, delivery, and other necessary terms for NordicHomePlans to carry out the Client’s specific request.
- Upon developing a Custom Plan, NordicHomePlans shall: (i) apply the generally acknowledged professional skills; (ii) follow the instructions of the Client to the extent fulfilling the Client’s request is feasible, taking into account the technical parameters and building codes and regulations; and (iii) keep the Client informed of all facts and circumstances that might be material to the Client.
- NordicHomePlans has the right to suspend the development of a Custom Plan in the event that: (i) the Client refuses or fails to deliver instructions necessary for continuation; or (ii) the Client refuses or fails to pay the agreed-upon fees by the agreed-upon deadlines. In this event, the risk of losses shall be borne solely by the Client and NordicHomePlans shall resume development only after the Client has fulfilled their respective obligations.
- Upon completion of a Custom Plan, NordicHomePlans shall deliver it to the Client via the requested means, provided that the Client has paid all outstanding fees.
- Technical Plans
- If the purchased Plans or Custom Plans include Technical Plans, the Client acknowledges that such Technical Plans are provided “as-is” and may only be used in compliance with applicable laws and regulations. NordicHomePlans expressly disclaims, to the fullest extent permitted by law, any and all representations, warranties, or guarantees, whether express or implied, including but not limited to warranties of accuracy, completeness, functionality, technical correctness, suitability for use, merchantability, fitness for a particular purpose, or compliance with local building codes, safety standards, or any other applicable regulations.
- The Client acknowledges that NordicHomePlans is not responsible for, nor does it guarantee, the technical correctness, usability, or legal compliance of the Technical Plans. In the event that any errors, omissions, defects, or non-compliance issues arise in relation to the Technical Plans, and such issues are attributable to the third-party creators or designers of the Technical Plans, the Client agrees to release, indemnify, defend, and hold harmless NordicHomePlans, its affiliates, officers, employees, and agents from any and all claims, demands, losses, liabilities, damages, or expenses (including legal fees and costs) arising out of or in connection with the Client’s use of the Technical Plans, including but not limited to claims related to personal injury, property damage, or regulatory fines.
- In the event of any claim arising from the use of the Technical Plans, NordicHomePlans will, upon written request by the Client, reasonably cooperate with the Client to pursue any remedies available against the third-party designer(s) or creator(s) responsible for the error, omission, or defect, provided that all associated costs and expenses are borne by the Client.
- The Technical Plans do not constitute professional engineering or architectural advice. Clients should consult a licensed professional for verification and legal approval before using the Technical Plans for any building or construction purposes.
- Fees
- As consideration for purchasing Plan(s), the Client agrees to pay NordicHomePlans the fees specified in the Order. All payments are made upfront unless otherwise agreed upon between the Parties. The fees cover the total cost for ordered Plans unless the Parties agree on additional fees payable by the Client for ancillary services.
- All fees displayed in an Order are inclusive of VAT or any other taxes payable by the Client. The fee shall be deemed to be paid if the fee displayed in the Order is credited to the bank account of NordicHomePlans. The Client shall pay any additional costs required for payment of fees, such as bank transfer fees. NordicHomePlans may use third-party payment processors for handling payment of fees, in which case additional terms of third-party payment processors may apply.
- Payments are non-refundable. The Client is aware that they do not have the right to return Plans within 14 days of the Purchase. The absence of the right of withdrawal arises from the Law of Obligations Act § 53 subsection 4 point 1, meaning that in the case of purchasing and paying for a Plan, NordicHomePlans fully fulfils its obligations to the Client as stipulated in the Terms.
- Intellectual Property Rights
- All intellectual property rights, as defined under applicable laws, in and to the Plans and Custom Plans, including but not limited to its future modifications, improvements, updates, and upgrades, are the intellectual property of NordicHomePlans. NordicHomePlans is the owner of all intellectual property rights in and to all Custom Plans and the development of a Custom Plan based on the Client’s instructions does not constitute co-authorship or joint authorship. These Terms do not transfer or convey any intellectual property rights from NordicHomePlans to the Client, nor does it grant the Client any exclusive rights in or to the intellectual property rights of NordicHomePlans.
- Upon completion and delivery of an Order, provided that the Plan included in said Order allows the construction of the building depicted in the Plan, NordicHomePlans grants the Client a limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the purchased Plan or Custom Plan for erecting a single building, subject to provisions of applicable laws. The license is without temporal limitations and valid in the territories of the United States of America and Canada.
- If the Plan purchased by the Client does not include the right to construct the building depicted in the Plan, NordicHomePlans grants the Client a limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the purchased Plan to determine whether the construction of the building depicted in the Plan is possible on any specific property.
- Regardless of the rights stated in Sections 5.2 and 5.3, The Client may not: (i) create derivative works of a Plan or Custom Plan; (ii) use any Plan or Custom Plan to erect more than one building; (iii) distribute, reproduce, re-sell, disseminate, make available online or otherwise exploit for consideration or free of charge any Plan or Custom Plan without the explicit authorisation of NordicHomePlans; (iv) modify any Plan or Custom Plan, except to the minimal extent necessary to conform to applicable local building codes and regulations, or (v) upload any Plan or Custom Plan to publicly available or limited file depositories, such as stock building plan collections etc. NordicHomePlans only permits disclosure of a Plan or Custom Plan to third-party contractors engaged by Client as required in order to complete the construction of a building, provided that the Client communicates the confidential and proprietary nature of Plan or Custom Plan to each such third-party contractor.
- Limitations of Liability
- Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, NordicHomePlans, its employees, partners, and agents, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Client’s use of the Website, Plans, and Custom Plans, including the building erected on the basis of the Plans.
- Without limiting the foregoing, the liability of NordicHomePlans shall be strictly limited to damages arising directly from its own gross negligence or wilful misconduct. NordicHomePlans shall not be liable for any acts, errors, or omissions that do not constitute gross negligence or wilful misconduct as defined under applicable laws. The Client acknowledges that NordicHomePlans cannot guarantee specific outcomes on the basis of Plans and Custom Plans and it shall not be liable for any direct or indirect damages that may arise from the inability to achieve such desired outcomes unless NordicHomePlans is found to be liable under this Section 6.
- Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus certain limitations set out in this Section 6 may not apply. If this limitation of liability is held inapplicable or unenforceable for any reason, NordicHomePlans’ maximum liability for any type of damages shall be limited to 100 EUR.
- Without limiting Section 6.2 above, NordicHomePlans will not be liable to the Client or any third party for any direct damages, loss of profits, use, goodwill, or data, or any incidental, indirect, special, consequential or exemplary damages, however arising, that result from matters outside its reasonable control, including: (i) fault or failure of computer systems or networks that make the Website available; (ii) any data accessible via the Website; (iii) any errors, bugs or any inappropriate functioning or malfunctioning of the Website; (iv) any unlawful modifications or alterations made by the Client to a Plan or Custom Plan; (v) the Client’s compliance or non-compliance with any applicable laws, rules, or regulations concerning the usage of a Plan or Custom Plan, including local building codes and regulations; or (vi) that the building erected by or on behalf of the Client conforms to the relevant Plan or Custom Plan, local building codes and regulations, structural requirements, and other expectations.
- The Client shall be liable to NordicHomePlans for any claims or actions and the resulting losses, liabilities, costs (including legal costs on a solicitor and his own client basis), damages, expenses, fines, penalties and interest, whether incurred through settlement or otherwise (specifically including any loss of profit, loss of business, increased overhead, or business interruption) arising directly or indirectly from the Client’s use or disclosure of a Plan or Custom Plan except as expressly permitted herein.
- Representations and Warranties
- The Plans and Custom Plans are provided without any warranties or representations of any kind, either express or implied. NordicHomePlans specifically disclaims all implied warranties, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. Furthermore, NordicHomePlans makes no warranties or representations regarding: (i) the use of Plans and Custom Plans, or results obtained or intended to be obtained in the course of using Plans and Custom Plans, such as the ability or inability to acquire a building permit; and (ii) any building erected by or on behalf of the Client.
- The Client is aware that some changes and adjustments in the Plans may be required to correct possible errors and omissions in the Plans. Such changes are not indicative of, and should not be construed as, negligence on the part of NordicHomePlans.
- The Client acknowledges that the Plans and Custom Plans only comprise designs and technical drawings. Additional technical specifications (such as plumbing, heating or air condition) or consulting services (including, without limitation, structural engineering, site plans, or amendments to the technical drawings set out in the Plan or Custom Plan) will be required by the Client to ensure suitability of the Plan or Custom Plan for the intended jurisdiction of construction or to complete safe, compliant construction of the Plan or Custom Plan. The Client is responsible for ensuring that the Plan is constructed safely, and in a manner which is compliant with all applicable laws and regulations of the jurisdiction of construction.
- The Client is aware that some Plans must be redrawn by a locally registered professional; and the Client agrees, if applicable, to consult a local building official or legal counsel with respect to such requirements.
- NordicHomePlans reserves the right to correct any errors in the Plans as they are discovered, and no Order and pricing with respect to that Order shall be final until confirmed by NordicHomePlans.
- The Client agrees that it has relied on no warranties other than the express warranties in these Terms and that no warranties are made by any agents, employees, or representatives of NordicHomePlans.
- Term and Termination
- Unless otherwise agreed upon between the Parties in an Order, the Terms are entered into for an unspecified Term.
- If the Client breaches these Terms, NordicHomePlans has the right to unilaterally terminate the Terms and the license granted above with immediate effect and without any refunds.
- Termination of the Terms does not release the Parties from their outstanding obligations arising from the Terms and does not affect the rights or remedies of a Party arising out of breach of the Terms.
- Privacy
- Certain personal and other information that NordicHomePlans collects, processes, and shares is subject to its Privacy Policy. As a condition of using the Website and purchasing Plans, the Client must agree to the terms of the Privacy Policy, as it may be changed from time to time.
- Final Provisions
- NordicHomePlans is an independent contractor and nothing in the Terms shall render NordicHomePlans an agent, affiliate, or broker to the Client, and NordicHomePlans shall not present themselves towards third persons as such.
- The Client may not transfer or otherwise assign any of their rights or obligations arising from the Terms to a third party without the prior written consent of NordicHomePlans.
- If any provision of the Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
- These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to the conflict of laws rules.
- The Parties shall endeavour to settle amicably and in good faith any dispute that emerges from or relates to these Terms, including matters of existence, validity, or termination. Should such disputes prove to be immune to resolution through mutual negotiations, the Parties agree to submit the matter to the exclusive jurisdiction of Harju County Court in Tallinn, which shall serve as the court of first instance. The foregoing does not deprive the Clients of any consumer rights granted under international or national laws for seeking redress in applicable courts.