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Terms of Sales

1. General

1.1Unless otherwise stipulated, all offers, interventions and executions of the Serviceremain subject to these terms and conditions. These are deemed accepted by the Customer upon placing his order, without any reservation.triction nor any reserve. The Customer therefore waives the right to rely on any contradictory document and in particular its own general and/or specific conditions, eveneven if the latter provide that they apply exclusively. Any derogation from these general conditions must, to be valid, have been previously and expressly approved in writing by the Service Provider.

1.2These general conditions specify in particular the conditions of order, payment and delivery. Any order placed by a Customer with the Service Provider will imply the Customer's final and irrevocable agreement to all of the general conditions of sale presented below.

2 – Offers and quotes

 

2.1The Service Provider's offers are established without any commitment on its part. They only bind the Service Provider from the moment they have been expressly accepted by the Customer during the period of validity indicated on each quote, and only after written confirmation, sent by post or electronically, of the Customer's order by the provider. Unless otherwise stipulated, the Service Provider's offers or quotes are, in any event, only valid for a period of onemonths for work to be completed within three months from the date they are sent. After this period, the Customer must request a new offer from the Service Provider.

2.2In the absence of any contractual document, it is expressly agreed between the Customer and the Service Provider that the emails exchanged between the parties can be used to establish a commercial relationship and therefore constitute regular proof of the existence of an order and its acceptance.

2.3  Full payment of the invoice may be required before receipt of the documents ordered, in addition to the minimum 40% deposit which may be requested when ordering without justification. The service will begin upon receipt of full payment or deposit and/or purchase order duly signed and approved, in accordance with the terms specified below.

2.4If, at the Customer's request, the order is cancelled, invoicing will take place at the current stage of the execution of the order (service, wages, raw materials, subcontracting, etc.). The amount invoiced will include the costs incurred by the Service Provider plus a contractual compensation amounting to 15%. In any case, a minimum amount of EUR 250.00 will be claimed.

2.5In case of interruption of a given work, due to the delay of the Client to follow up on the documents presented to him, the work, in the state of execution where it is, will be invoiced to him as provided for above. after a period of one month.

2.6If, at the Customer's request, the execution of the work is temporarily suspended, or if the Customer delays in responding to the documents presented, provisional invoicing may be established at the current stage of the execution of the order (service, salaries, raw materials, subcontracting, etc.). After a period of 3 months without returns, the service is considered closed, an invoice is then established at the stage of the execution of the order (service, wages, raw materials, subcontracting, etc.).

2.7Any modification to an order in progress, as well as any change in the use or distribution of the creations or materials delivered, may lead to a revision of the price initially agreed, without prejudice to the Service Provider's right to oppose modifications which affect to its intellectual property rights.

2.8Each person or company that places an order and asks to invoice it to a third party, becomes jointly and severally liable for its payment.

2.9In the case of a call for tenders, a call for projects, a call for competitions or a call for applications, the visual and textual elements of the offer are subject to confidentiality, and cannot be passed on to third parties without express written permission.

 

3 – Delivery – Deadlines

 

3.1Delivery times are only given as an indication and do not begin to run until the first working day of delivery to the Service Provider of all the elements necessary for the completion of the order and only upon receipt of the deposit mentioned. in the estimate or otherwise agreed in writing with the Client. The deadlines incumbent on the Service Provider are automatically extended by any event beyond its control and making it impossible or difficult to perform its services, for as long as this event lasts, including technical or computer problems. These fortuitous delays do not in any way authorize the Customer to cancel his order or to claim any compensation from the Service Provider. If, at the Customer's request, the execution of the order gives rise to additional costs due to a shorter period than the agreed or normal period, they will be taken into account.

 

4 – Prices and invoicing

 

Unless otherwise stipulated, our invoices are payable within 15 days. Failing payment of an invoice on the due date, its amount will be automatically increased by a fixed indemnity equal to 10% of the amount remaining due with a minimum of 75 Euros, and by interest calculated at the rate of 1 % per month. According to the law of August 2, 2002 (Moniteur Belge of August 7, 2002):

Art. 2. For the purposes of this Act, the following terms mean:

1. “commercial transaction”: any transaction between businesses or between businesses and contracting authorities or contracting entities which leads to the supply of goods or the provision of services against remuneration

2. ''enterprise'': any organization acting in the exercise of an independent economic or professional activity, even when this activity is exercised by only one person;

3. “contracting authority or contracting entity”: any authority or entity covered by the law of 24 December 1993 on public procurement and certain works, supply and service contracts;

4. “key rate”: the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the first calendar day of the half-year in question when the transaction concerned was carried out according to a procedure of fixed rate tender. When the transaction concerned has been carried out using a variable rate tender procedure, the key rate is the marginal interest rate resulting from this tender, both in the case of single rate auctions and in the case of multiple rate auctions;

Art. 3. This Law applies to all payments made as remuneration for commercial transactions. (…)

Art. 4. Unless otherwise agreed by the parties in accordance with Article 7, any payment as remuneration for a commercial transaction must be made within 30 days from the day following that:

1° the receipt by the debtor of the invoice or of an equivalent request for payment, or

2° the receipt of the goods or the provision of services, if the date of receipt of the invoice or of the equivalent payment request is uncertain or if the debtor receives the invoice or the equivalent payment request before the goods or the services , Or

3° acceptance or verification to certify the conformity of the goods or services with the contract, if the law or the contract provides for an acceptance or verification procedure, and if the debtor receives the invoice or the request equivalent payment earlier or on the date of acceptance or verification.

Art. 5. Unless otherwise agreed by the parties in compliance with Article 7, when the debtor does not pay within the agreed payment period or, failing that, within the payment period provided for in Article 4, the creditor is entitled, from the following day, automatically and without formal notice, to the payment of interest at the key rate increased by seven percentage points and rounded up to the next half percentage point.

The Minister of Finance communicates the rate thus determined, as well as any modification of this rate, by a notice published in the Belgian Official Gazette.

Art. 6. Unless otherwise agreed by the parties in compliance with Article 7, when the debtor does not pay within the agreed payment period or, failing that, within the payment period provided for in article 4, the creditor is further entitled, without prejudice to his right to reimbursement of legal costs in accordance with the provisions of the Judicial Code, to claim from the debtor reasonable compensation for all relevant collection costs incurred as a result of the delay in payment. The application of this article excludes the attribution to the creditor of the sums provided for in articles 1018, paragraph 1, 6°, and 1022 of the Judicial Code.

These collection costs must respect the principles of transparency and be in proportion to the debt concerned. The King sets the maximum amount of this reasonable compensation for recovery costs for different levels of debt.

Art. 7.Any contractual clause which derogates from the provisions of this chapter will be revised by the judge, at the creditor's request, when, taking into account all the elements of the specific case, including good commercial practice and usage and the nature of the products or services, it constitutes a manifest abuse with regard to the creditor, it being understood that the fair conditions that the judge determines cannot grant the creditor more rights than those which he would have under the provisions of this chapter. When assessing the manifestly abusive nature within the meaning of the preceding paragraph, the judge will consider, among other things, whether the debtor has objective reasons to derogate from the provisions of this chapter. Any clause contrary to the provisions of this article is deemed to be unwritten.

 

5 – Provision of services and fulfillment of the order

 

5.1The Service Provider reserves the right to refuse all services and all work manifestly contrary to morality, of a racist and/or illegal nature.

The services ordered from the Service Provider by the Client are under its sole responsibility.

5.2 Unless otherwise agreed, the services are provided in the form of electronic files. If the contract provides for the delivery of material media, whether graphic or digital (slides, graphic prints, DVDs, models, etc.), the relative additional costs will be charged to the Customer.

6 – Warranty

The Customer warrants to the Service Provider that the elements he gives him for the execution of his orders can be freely used, without any restriction, for the needs of the latter, and he exempts him from any liability in this respect. In particular, it will guarantee the Service Provider against any recourse by a third party claiming rights over said elements.

 

7 – Harmful content – Rights of third parties

 

All information contained in the designs produced by the Service Provider is the sole responsibility of the Client. The Service Provider can in no way be held responsible for spelling errors, linguistic and grammatical errors not indicated.

Any alterations to the original order in any way (in text, in the handling or placement of illustrations, in sizes, in printing or binding work, etc.) made in writing or in any any other way, by or on behalf of the principal, will be invoiced in addition and will extend the execution time.

 

8 – Intellectual rights

 

8.1Subject to the rights that have been assigned or granted by the Service Provider to the Client under a specific express contractual provision, the Service Provider remains the owner of all intellectual property rights (copyright, neighboring rights, design rights and models, rights to databases, etc.) relating to the creations and material that have been produced in execution of the contract. Also covered is preparatory design material, such as projects, sketches, sketches, etc.

8.2The Service Provider grants the Client, however, the authorization to use and exploit the creations sent to the latter in accordance with their destination, in strict compliance with the limits and conditions, in particular financial, specified in the offer, the order form , the invoice or any other contractual document established between the parties. However, this authorization does not include any transfer of rights and only extends to the acts of exploitation necessary for the normal use of the creations by the Customer (primary exploitation), to the exclusion of any other form of derivative exploitation ( adaptation, merchandising, etc.). In case of doubt as to the scope of the authorization and in the absence of any clarification in this regard, the destination of the equipment delivered to the Customer is deemed to correspond strictly to the first use he makes of it. This only applies to the final equipment delivered to the Client by the Service Provider; the projects, sketches and other preparatory work cannot be exploited without the prior written consent of the Service Provider, who retains ownership of them and may demand their return at any time.

The operating authorization granted by the Service Provider for the benefit of the Client in accordance with the foregoing is linked to the latter's compliance with all the obligations incumbent on him, including full payment of the sums due to the Service Provider.

8.3Unless otherwise stipulated, the Client authorizes the Service Provider to distribute on its website or on other promotional media (blogs, forums dedicated to design) all or part of the creations delivered to the latter, and to reproduce its brand or other distinctive signs. appearing in the creations, and this, for the sole purpose of referencing (portfolio).

9 – Terms of payment

 

9.1Invoices are payable at the latest on the due date mentioned on the invoice, from the date of issue of the said invoice. Payment is made by bank transfer to the Service Provider's account mentioned on said invoice.

9.2From the day of the due date, each unpaid invoice will automatically and without formal notice bring in late payment interest in accordance with the Law relating to the fight against late payment (02/08/2002) as well as damages -interest covering the collection costs conventionally set at 15% of the amount of the claim due with a minimum of 250 euros. The Service Provider has the right to claim higher compensation if he can prove that he has suffered higher damage. In the event of default or late payment, the Service Provider also reserves the right to suspend any delivery or any service for the benefit of the Customer, whether or not related to the unpaid order(s), until full reimbursement of all the amounts still due, including compensation and late payment interest. Similarly, the Service Provider reserves the right, without any prior warning, in the event of non-payment within 15 days of the due date of the invoice, to remove access and/or to stop the distribution of all creations produced by the Service Provider. for the benefit of the Customer, and/or to suspend the execution of contracts in progress, whether or not these are related to the unpaid order(s), until reimbursement of all amounts due, including compensation and default interest, without any possible recourse by the Customer.

9.3Any invoice is deemed accepted in the absence of specific dispute communicated to the Service Provider by the Customer by registered mail within 8 days of receipt of the invoice. After this period, any complaints from the Customer can no longer be taken into consideration by the Service Provider.

9.4The Client may only withdraw from the Service Provider the performance of periodic work, that is to say work consisting of recurring partial work, only subject to compliance with the notice periods set out below. Notice must be given by registered letter. In the event of non-compliance with deadlines, the Customer will compensate the Service Provider for all damages incurred and loss of earnings suffered during the period of non-compliance.

Period of notice :

• 3 months for work of the periodic type representing an annual turnover of less than EUR 7,500.00;

• 6 months for work of the periodic type representing an annual turnover of less than EUR 25,000.00;

• 1 year for work of the periodic type representing a turnover annual amount of EUR 25,000.00 or more.

10 – Pro Reserveprayer

 

The Service Provider retains full ownership of the equipment delivered until full payment of the price, taxes and other accessories invoiced to the Customer. The Service Provider may claim or exercise its right of retention on the material intended for the Client in the event of non-payment of the amounts due on the agreed due dates, regardless of the order or the service to which they relate.

11 – Complaints

 

Any complaint relating to the creations or the material delivered must be reported in writing to the Service Provider and duly substantiated by the Client. No complaint is admissible if it has not been sent to the Service Provider within 5 days of delivery to the Customer of the equipment ordered.

 

In any event, any omissions, errors or design flaws that may have escaped the Customer's vigilance during the presentation of the various proofs and/or at the time of the final approval of the project cannot be attributed to the Service Provider who will where applicable, to the necessary rectifications at the Customer's expense, the latter cannot in any way rely on the discovery of these errors to postpone the payment of invoices that have reached their due date.

 

12 – Responsibilities

 

12.1Unless expressly stipulated otherwise, the Service Provider is only bound by an obligation of means: the Service Provider therefore assumes no liability, in the event of force majeure, for delays, poor workmanship or other failures resulting from a foreign cause or unforeseeable events, beyond its own control, or loss or damage to originals or data. The Client undertakes in this respect in particular to keep all the originals of all the resources made available to the Service Provider.

In addition, the Service Provider is in no way responsible for defects caused directly or indirectly by the fault or negligence of the Customer himself or of a person acting on his behalf and/or in his name or of a third party.

12.2In the event that the Service Provider cannot avail itself of one of the causes of exemption stipulated in these general conditions, its liability may in any event only be incurred up to the amount of the amounts invoiced to the Client, with a maximum of €2,500 per claim.

13 – Confidentiality clause

 

The Service Provider undertakes not to disclose any confidential information provided by the Client, except in the event of a dispute at the express request of the judge or at the request of an administrative authority under the legislation in force.

14 – Insolvency

Failure to pay on the due date, protest, any notice of seizure, any request for judicial reorganization proceedings, suspension of payment, even unofficial, the opening of bankruptcy proceedings or any other fact indicating the insolvency of the Customer, lead to the forfeiture of the term granted for payment, make all invoices not yet due immediately payable, for any work whatsoever, and confer on the Service Provider the right to terminate the order(s) and contract (s) in progress without notice or compensation.

15 – Applicable law – Disputes

 

Any dispute relating to the conclusion, validity, interpretation or execution of this contract and the contracts arising therefrom is governed by Belgian law and will come exclusively within the jurisdiction of the courts of the judicial district of Brussels. The applied language is French.

All images and texts on this site are protected by international copyright laws and the Intellectual Property Code. These elements cannot be used, in any form whatsoever, without the written authorization of its author. The works exhibited in the portfolio are the property of their respective owners.

Data relating to the technical configuration and transmission are nevertheless analyzed by the server in order to adapt the site to it and to calculate statistics.

The processing of your personal data is subject to the Belgian law of December 8, 1992 on the protection of privacy and to the French law Informatique et Libertés of January 6, 1978.

They are collected and stored by the Service Provider (hereinafter referred to as the Personal Data Manager).

You have the right to access and rectify data concerning you by contacting the Personal Data Manager. These data are intended to be used for the management of your file, as well as for direct marketing purposes and, if necessary, may be transferred to third parties for the same purposes. You can object to this by writing by email (addressed to the Personal Data Manager) to our contact page.

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