Terms and Conditions
GENERAL TERMS
These general terms and conditions apply to all offers, work orders, orders, contracts, sales, products, and deliveries from VIDARR.LAB ART.STUDIO.
1 – DEFINITIONS
The client, whether a customer or a business, is the one who placed the order. The supplier is VIDARR.LAB ART.STUDIO, i.e., the one who accepts the execution of this order.
Customer refers to any natural person entering into a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. Entrepreneur refers to a natural or legal person or a legal entity capable of holding rights who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction. Regarding entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if the supplier has expressly agreed to them.
2 – CONTRACTUAL PARTNERS
The purchase contract is concluded with VIDARR.LAB ART.STUDIO.
The presentation of products on the website, in offers, and individually created concepts by VIDARR.LAB ART.STUDIO does not constitute a legally binding offer. They serve to illustrate style, form, and color. These are simulations that the work of VIDARR.LAB ART.STUDIO is based on. Each object created by VIDARR.LAB ART.STUDIO is individually crafted for the respective project.
3 – CONCLUSION OF CONTRACT
By requesting, without express reservation, to create a sample or concept, the obligation arises either to commission the supplier to carry out the work or to compensate them for the incurred costs.
An order for one or more images, prints, or other products can be placed by contacting VIDARR.LAB ART.STUDIO via email (hello@vidarrlab.com) or through a message on the Instagram account @vidarr.lab. A binding order is required from the customer. Your purchase contract is concluded when VIDARR.LAB ART.STUDIO accepts the order by sending an invoice via email or letter. The order confirmation will be created by the supplier within a short time, up to a maximum of seven days. The buyer agrees to the invoice content by paying the invoice.
4 – OFFERS
The price quote applies only to the specified work. Offers are always prepared excluding taxes, which are always borne by the client. If the client is entitled to use the lower VAT rate or is exempt from VAT, they must provide all necessary evidence for this when placing the order. The validity period of an offer is 30 days for the execution of an order within the following three months. In the case of combined price information, there is no obligation to supply part of the order against the corresponding portion of the total price.
5 – DEBTOR
Any person or company placing an order with the request to invoice third parties is personally responsible.
6 – COPYRIGHT
For creative activities carried out by VIDARR.LAB ART.STUDIO in any form according to relevant laws on intellectual property, the rights to this creation and especially the reproduction right remain with VIDARR.LAB ART.STUDIO and do not transfer to the client unless there is a written agreement to this effect. When VIDARR.LAB ART.STUDIO creates an image, a photograph, a graphic medium, etc., the supplier enjoys copyright based on the aforementioned provisions according to the provisions on the protection of intellectual property. The written agreement on the assignment of copyright and especially the reproduction right must be explicit: it cannot arise from the fact that the creative activity was provided for in the order, nor from the fact that it was the subject of special remuneration, nor from the fact that ownership of the material is transferred to the client. If no separate exclusivity agreement exists, the supplier can reuse an artistic creation resulting from their work.
7 – CONFIDENTIALITY CLAUSE
Each of the parties undertakes not to disclose or pass on confidential information, information, scope, methods, and know-how, not to allow them to be disclosed or passed on, directly or indirectly, nor to use them, unless previously authorized in writing by the other party. This also applies to all documents of any kind of which they have knowledge in the course of their duties. The confidentiality obligations of this agreement shall continue as long as the information in question retains its confidential nature, even beyond the end date of this agreement.
8 – PROOF PRINT
At the request of the client, the supplier provides a simple proof print. Proof prints, among others in detailed colors and/or on the final material, are charged separately. If the client does not request a proof print, it is assumed that they have given printing permission.
9 – CORRECTIONS
The supplier must implement the corrections indicated by the client, but they are not responsible for spelling, language, or grammar errors that were not indicated. Whatever changes are made to the original order (in text, editing, or arrangement of illustrations, formats, printing or binding, etc.), whether carried out in writing or in any other way by or on behalf of the client, will be invoiced to the client in addition and will delay the execution and delivery date. Changes communicated orally or by phone are carried out at the client’s own risk.
10 – PRODUCTION PERMISSION
Once the contract is concluded and once the client dates and signs the offer and returns it or sends their order confirmation via email, the supplier is relieved of any responsibility for errors or omissions discovered during or after the printing process.
The signed offer remains the property of the supplier and serves as evidence in the event of a dispute.
11 – CLIENT’S MATERIAL – STORAGE
The supplier is in no way obligated to store the client’s materials. If the client wishes the supplier to keep production elements such as designs, drawings, digital data, etc., they must agree on this in writing with the supplier before the execution of the order. Storage is at the client’s own risk, and they expressly release the supplier from any responsibility regarding this storage (including loss or damage), unless the supplier has acted with intent or committed a serious error.
12 – CLIENT’S MATERIAL – RISK
All goods entrusted by the client to the supplier’s premises (paper, samples, data carriers, etc.) remain there at the client’s expense and at their own risk. The client expressly releases the supplier from any responsibility in case of damage or loss – in whole or in part – for any reason whatsoever. This does not apply if there is intent or gross negligence on the part of the supplier, their personnel, or their subcontractors. The same applies to goods intended for the client. Storage costs will be invoiced from the date specified to the client. If payment is not made on the agreed date, these goods will be retained as a guarantee and pledge for the amounts due.
13 – DELIVERY TERMS
The deadlines specified in working days when ordering begin only from the working day following the receipt of the required elements. The agreed delivery dates are extended to the extent that the client delays in delivering the necessary elements or paying the agreed advance. If the execution of the order leads to additional costs due to a shorter delivery period than agreed or usual at the client’s request, these will be invoiced. The delivery is made at the supplier’s company location, and packaging and transport are at the client’s expense. The latter is liable for the risks to which the goods are exposed during transportation. The client also determines the specific packaging of the end product.
14 – CANCELLATION
Should the order be canceled at the client’s request or the execution temporarily interrupted, billing will occur in the phase the order is currently in (salaries, raw materials, subcontracting contracts, etc.). This amount is increased by an additional compensation for contractual breach, as legally stipulated, amounting to 15%. In all cases, a minimum amount of 75.00 EUR is required. If a specific task is interrupted due to a delay by the client, the work will be invoiced in the state it is in after one month, as provided above.
15 – PAYMENT AND DUE DATE
Payment is due upon delivery of the goods and immediately after receipt of the invoice. It is payable without deduction.
From the due date, any unpaid invoice will by law and without formal notice result in interest according to the Law on Combating Late Payment (02.08.2002), as well as an additional compensation, which is legally set at 15% annually of the amount due and payable, with a minimum of 75.00 EUR. The supplier is entitled to claim higher compensation if they can prove that they have suffered more damage. Furthermore, the supplier is entitled to demand immediate payment of all other (not yet due) invoices and all amounts for which the supplier had granted payment deferral to the client. The supplier also has the right to interrupt the execution of ongoing contracts until the client has paid the advances described in this article.
Acceptance cannot be refused for reasons of design or artistry. There is creative freedom within the scope of the order.
If the ordered work is accepted in parts, a corresponding partial payment is due upon acceptance of each part.
If the order extends over a longer period or requires high financial advances from the supplier, reasonable advance payments are to be made amounting to half of the total invoice amount upon ordering, and the same advance can also be requested after receiving the final corrected proof or the printing permission, with the remaining balance due upon delivery.
In case of total or partial non-payment of the compensation, VIDARR.LAB ART.STUDIO may demand a contractual penalty of 10% of the amount due.
16 – RETENTION OF TITLE
The goods remain the property of the supplier until full payment. The client acquires ownership of the sold goods only upon full payment of the due amounts. Nevertheless, the client is liable for the goods from the time they are ready for collection.
17 – RETENTION RIGHT
The supplier retains the right of retention until the complete payment of the price, on the entire raw material, all documents, production elements, objects, goods, or deliveries given to them by the client for the execution of a work or service, as well as on all documents or objects created in the course of order execution.
18 – COMPLAINTS
At the risk of losing their legal claims, the client must notify the supplier of any complaint or objection within 8 days of receiving the first delivery of goods by registered letter. In the absence of this, from the invoice date. If the supplier does not receive any complaints within this 8-day period, it follows that the client has fully accepted all goods. Defects in part of the delivered goods do not entitle the client to refuse the entire order. At the risk of losing their legal claims, the client must notify the supplier of any complaint or objection to the invoice for the ordered goods within 8 days of receiving the invoice by registered letter. In the absence of this, it follows that the client has accepted the invoice.
19 – FORCE MAJEURE
Cases of force majeure and in general all circumstances that prevent, impair, delay, or make it extremely difficult for the supplier to perform the order release the supplier from any responsibility and grant them the possibility to restrict their obligations or interrupt the contract or its execution according to the circumstances, without being obliged to pay the least compensation. The following circumstances fall within this scope: war, civil war, mobilization, riots, strikes and lockouts both at the supplier and at their subcontractors, machine breakdown, programming errors or computer viruses, fire, interruption of means of transport, supply of raw materials, materials, and energy, as well as regulations or prohibitions imposed by the authorities.
20 – LIABILITY
In case of errors or poor processing, the supplier’s liability is limited to the return of non-conforming copies, which will be invoiced at the price of the additional copies; they do not entitle to compensation, except in case of intent or serious errors by the supplier, their personnel, or their subcontractors. The supplier is not liable for indirect damages to the client, including loss of profit. The liability of the supplier is in all cases limited to the contractually agreed amount, i.e., the amount that the client would have paid if the supplier had performed the service to the satisfaction of the client.
21 – JURISDICTION
All disputes related to the conclusion, validity, interpretation, or performance of this contract and the resulting contracts fall under Belgian law and are exclusively under the jurisdiction of the courts in the area where the supplier’s company is located.
This text is for your information only. The German version is the only one that is legally binding.