General Terms & Conditions
These general terms and conditions and professional practices apply to all our quotations, work orders, agreements and deliveries and take precedence over those of the Client unless deviated from in an express written agreement.
Art.1 - The client (“Client”) is the person who placed the order. Supplier (“Supplier”, “Studio Veldeman”, “Erik Veldeman”) is who has accepted to carry out the order.
Art.2 - The handing over to the Supplier of a model, copy or digital files, with the request, without express reservation, to supply a proof or design, entails the obligation to entrust the execution of the work to Supplier or to reimburse costs incurred by Supplier.
Art.3 - Supplier’s offers and quotations are without obligation and subject to sale. When wages and/or the prices of the raw materials increase, the quoted prices are subject to revision. Offers are always drawn up without mention of taxes, which are always borne by the Client. Unless otherwise agreed, the period of validity of a quotation is 30 days for the execution of an assignment within three months.
Art.4 - In the case of composite quotations, there is no obligation to deliver part of the order at the the agreed part of the total price.
Art.5 - The Client who gives an order is assumed to be entitled to do so. Said Client bears any responsibility towards third parties together with his principals and to the exclusion of Supplier.
Art.6 - The copyright and the exclusive rights of drawings or models with regard to the provisional and final design, as well as with regard to the subsequently manufactured copies of the product, all of which were developed by Supplier, remain the property of Supplier. If no further written agreement is entered into between Supplier and Client with regard to the transfer of copyright or the exclusive right of drawings or models, these rights remain with Supplier. For each breach of this article by the Client, the end-user and/or any other third party, shall result in a fixed penalty being payable by the Client to Supplier of EUR 25000,- per breach, plus a sum of EUR 5000,- for each day that the breach is not stopped, without prejudice to Supplier’s right to demand greater compensation and/or terminate all agreements with the Client at the expense of the Client.
Art.7 - Given the legal provisions in the field of artistic and industrial property and unfair competition, all models, sketches, typesetting, graphic designs, interpretations, arrangements, software programs, etc. designed by Supplier, regardless of the technique used, remain its exclusive property and may not be copied or reprinted. Their reproduction or copying in any form or by any process, when carried out without the prior consent of the Supplier, constitutes an act of copying and unfair competition.
Art.8 - Typesetting, clichés, cutting forms, designs, drawings, photographs, films, computer files, software programs, etc. manufactured by or on behalf of the Supplier, whether charged or not, are part of the latter’s material. Unless otherwise agreed, the Client is not entitled to demand delivery of this material.
Art.9 - If required by law, the Client may not oppose the inclusion of the Supplier’s name on the design or printed matter.
Art.10 - Unless expressly stated otherwise, the choice of typeface, as well as the layout, is left to the Supplier’s discretion.
Art.11 - The Supplier is responsible for the correction of errors attributable to him, i.e. those that do not change the copy or the model. Changes to the original order of whatever nature (text, illustrations, formats, etc.) made in writing or in any other way by or on behalf of the Client will be charged extra to the Client.
Art.12 - Subject to prior agreement, the Supplier is not obliged to keep types, cutting forms, clichés, designs, drawings, photos, films, digital files, programs, etc. When storage has been agreed, it gives rise to a surcharge calculated in proportion to the importance of the auxiliary materials used, the duration of their storage and the associated additional work.
Art.13 - All stipulations regarding the delivery period are for indication purposes. Since delivery times can be influenced by acts of third parties (Suppliers or subcontractors) and by chance or force majeure, they cannot be regarded as an express commitment. Late delivery cannot give rise to refusal or compensation.
Art.14 - The Client can only deprive the Supplier of the performance of an order of a periodic nature – i.e. an order with recurring partial orders – subject to compliance with the notice periods set out below. The notice of termination must be served by registered letter. In the event of non-compliance with the terms, the Client will compensate the Supplier for all damage suffered and loss of profit during the non-compliance period.
Notice periods:
-3 months for a periodic assignment with an annual turnover of up to EUR 7500,-;
-6 months for a periodic assignment with an annual turnover of up to EUR 25000,-;
-1 year for a periodic assignment with an annual turnover of EUR 25000,- or more
Art.15 - Under penalty of forfeiture of rights, any complaint or protest must be made by registered letter and within 8 days of receipt of the goods. If the Client fails to take delivery, the period of 8 days starts upon receipt of the dispatch note or any equivalent document. Failing this, from receipt of the invoice. If no complaint has been received within this period of 8 days, this means that the Client has accepted the delivered articles in full and in their entirety.
Art.16 - Unless otherwise agreed, delivery shall take place at the offices of the Supplier. Freight and packaging costs are at the expense of the Client. The goods travel at the latter’s risk.
Art.17 - All goods entrusted by the Client that remain in the company of the Supplier remain at the risk of the Client, who expressly releases the Supplier from any responsibility of any kind, including in case of damage or loss, either wholly or in part , and this for whatever reason, except in the case of intent, gross negligence on the part of the Supplier or its personnel or subcontractors or when the above-mentioned deposit is one of the main performances of the agreement. The same applies to the goods intended for the Client.
Art.18 - When ordering, the Client may be asked to pay an advance of 1/3 of the amount, the same advance after proposal of a first design and the balance upon delivery. The bills of exchange, cheques, mandates or receipts do not entail renewal or deviation. Non-payment of an invoice on the due date automatically and without prior notice of default imposes interest equal to the statutory interest rate increased by 2% and additional compensation conventionally set at 15% of the amount due on the invoice with a minimum of EUR 50,-.
Art.19 - In the event of non-payment on the due date of one invoice, the permitted term will lapse for all invoices for which payment has not been made before the due date. AI these invoices are immediately due.
Art.20 - If, at the request of the Client, the order is destroyed or the execution is temporarily suspended, the invoicing will take place at the stage of execution in which the order (wages, raw materials, subcontractors, etc.) is located. This amount is increased by 15% as additional conventional compensation.
Art.21 - All disputes without exception fall within the jurisdiction of the courts of the area in which the Supplier is located.