TERMS AND CONDITIONS ATELIER CONTENT BV
The general conditions listed hereafter will govern the dealings between Atelier Content and the Customer. They form an integral part of the agreement between Atelier Content and the Customer, unlessotherwise expressly stipulated in writing and are deemed law by the parties. By placing an order on the website, signing the purchase order or receiving the invoice without reserve, the customer agrees to be bound by the general terms and conditions of sale, which take precedence over any conditions of the customer.
2. Quote and order
Any quotes made by Atelier Content are valid for a maximum of 30 days. After Atelier Content has accepted the Customer’s order, the customer will have an additional 7-day period to make any modifications that are subject to the judgment of Atelier Content. After this period, the order is considered final. If for whatever reason the Customer cancels the order, a flat-rate compensation for damages representing 30% of the total amount invoiced will be owed by the Customer. Atelier Content commits itself to make the delivery in accordance with the order to the extent possible.
The Company however reserves the right to make one-sided changes to the items after the order has been placed, without needing to alert the Customer about this. A lot of time and energy has been spent in presenting, describing and depicting the items sold on the website. Atelier Content goes to great extents to reproduce the colour as faithfully as possible. Should there still be a mistake on the website or a colour deviation, despite the precautions taken, Atelier Content cannot be held liable for this. Atelier Content reserves the right to terminate the Agreement in the event of strike, force majeure, lockout and events of that nature, that make it impossible to execute the order, with no possibility of any compensation for damage can be claimed. This also applies in the event of a change in the legal status of the Customer, such as state of bankruptcy, obvious insolvency or cessation of payment from or by the customer.
Delivery terms communicated by Atelier Content are indicative and do not bind Atelier Content. Atelier Content is not responsible for damages resulting from failure to meet the delivery deadline, unless expressly stipulated otherwise. Deliveries are executed based on the availability of the items. Any case of force majeure such as civil or foreign wars, strikes, lockouts, riots, epidemics, interruptions of transport, scarcity of goods or materials, defects to equipment or machines, lack of power, in
short, any potential cause which results in complete or partial unemployment of the manufacturer or suppliers as a result of which Atelier Content cannot have
availability of the goods that were ordered, without these cases being exhaustive, give Atelier Content the right to entirely or partially suspend the execution of the contract, without being bound to any type of compensation for damage. The storage of goods pending delivery or collection shall be at the Customer’s risk. The delivery will be made to the head office of the Customer, unless otherwise stipulated on the purchase order. The items will be transported at the Customer’s risk. Delivery shall never imply the transfer of any intellectual property attached to the delivered goods.
Atelier Content’s invoices are to be paid on the due date mentioned, unless otherwise stated. All taxes, duties and/or levies of any kind relating to delivered goods or their transport, including new taxes, duties and levies that may be introduced after the conclusion of the contract shall be borne in full by the Customer. Atelier Content is authorised to ask for a deposit when placing the order or prior to the delivery. In the event the advance that was stipulated at the time the order was placed has not been paid, Atelier Content reserves the right to suspend delivery until such time as the stipulated advance has been paid. Atelier Content shall also be entitled, in such a case, to rescind the sale to the detriment of the client, whereby a compensation for damages of 30% of the total amount invoiced shall be charged. Upon non-payment of the invoice on the due date, a default interest of 12% on the outstanding balance shall be payable from the due date by operation of law and without prior notice of a late penalty. Additionally, by operation of law and without prior notice of default, a lump sum of 15% of the total amount is due, without prejudice to Atelier Content’s right to claim a higher further compensation if the actual damage suffered is higher. Upon non-payment of the invoice on the due date, any other outstanding claims against the Customer shall become due and payable by operation of law and without any prior notice of default. In such an event, Atelier Content reserves the right to suspend the execution of any outstanding orders and this without any prior notice and without compensation for damage. Any expense linked to unpaid bills of exchange or cheques, as well as any other collection costs, will be charged to the buyer separately. The outstanding balance will be immediately claimable. Atelier Content reserves the right to invoice the items in accordance with the deliveries made, even if these are partial.
5. Retention of title
The ownership of the sold items will only be transferred to the Customer until after payment by the Customer of all that is due to Atelier Content in consideration of the goods delivered or to be delivered to Atelier Content, including payment of the agreed-upon price, cost, interest, and any damage compensations. Until after payment of the full sales price, including interest and indemnification compensation, the Customer is prohibited from disposing of, pledging, or encumbering the merchandise in any way.
6. Warranty and liability
Atelier Content strives to deliver the items in accordance with the description, quality, and quantity as determined in the purchase order. The Customer has to store and keep the goods in perfect condition in a suitable and clean place in accordance with the highest standards and safety requirements generally accepted in the industry. The Customer is expected to perform an initial verification immediately upon delivery of the items. This immediate verification duty relates among other things to the quantity, conformity of the delivery, visible defects, etc. The Customer should report any immediately verifiable deviations on the delivery receipt, in the absence of which he is deemed to accept these items as agreed upon. The Customer loses the right to invoke the non-conformity or defect of the items, if he does not notify Atelier Content within 14 days of discovering the non-conformity or defect, or was supposed to discover it, specifying the invoice number or purchase order number in a registered letter, accurately identifying the items and/or services and a detailed description of the non-conformity or defect. Returns can only occur after the explicit prior consent of Atelier Content. Any returns by the Customer must be made at his expense freight-free and in good condition. Atelier Content will exchange the defective item free of charge, or at its discretion, reimburse the amount if it is returned in its original packaging, in perfect condition. Any other warranties
are expressly excluded.
Insofar as Atelier Content is dependent on the cooperation, services or deliveries of third parties, in the execution of its commitments, it cannot be held liable for any damages resulting from their fault, including serious or intentional fault. Atelier Content will only be held liable in the event of gross negligence or intent whereby the extent of the direct and indirect damages to be compensated will at all times be limited to 90% of the net amount of the invoice.
Atelier Content will solely use customer data in executing the agreement concluded through the order. Additionally, the data could be used by Atelier Content to provide interesting information and/or offers without obligation, this only if the Customer has explicitly requests it by registering for the newsletter. The data will not be transferred, rented, or sold to third parties. Atelier Content adheres to the Belgian law of December 8, 1992, on the protection of privacy in the processing of personal data.
9. Applicable law
This Agreement is governed solely by Belgian law. The contract is deemed to have been entered into, at least executed, at the registered office of Atelier Content. The application of the Vienna Sales Convention is expressly excluded. All disputes fall under the jurisdiction of the Justice of the Peace of the Canton of
Oudenaarde-Kruishoutem, seat Oudenaarde, or the Court of First Instance East Flanders, section Oudenaarde, Commercial Court East Flanders, section