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Terms and Conditions

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 1.              Presentation

  • Bertrand.brussels SPRL a company having its registered office at avenue Louis Bertrand 30, 1030 Brussels and registered with the company number BE0689 739 581

(the "Company")

  • Service: the provision of products graphic novels (books), prints, paper goods, workshops, events, … (the "Service") 

  • Website: www.grafik.brussels (the "Website")

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 2.              Formation

  1. These terms and conditions (the "Terms and Conditions") apply to the agreement (the "Agreement") entered into between the Company and the customer (the "Customer") and through which the Company provides the Customer with the Service. The Company and the Customer are individually referred to as a "party" and collectively as the "parties" to the Agreement.

  2. All publicly displayed pricing and features of the Service (e.g. online or on informative brochures) are provided for information purposes only. Only the pricing and features included in the offer communicated to the Customer may be binding to the Company.

  3. The Customer accepts the offer for the Service, as the case may be, by accepting in writing or by sending back a signed purchase order issued by the Company or by confirming in writing to the Company (including by email or through a webshop interface) that the Customer subscribes to the offer for the Service.

  4. By accepting the offer, the Agreement enters into force, the Customer consents to the application of the Terms and Conditions and waives the application of any conflicting provisions of any purchaser terms and conditions or any other document emanating from the Customer which, in the absence of this article, would conflict with the Terms and Conditions. However, the provisions that would be applicable by virtue of mandatory legal rules to which the Customer is subject (such as, for example, public procurement rules) prevail over the provisions of the Terms and Conditions.

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 3.              Service

  1. The Company undertakes to use its best efforts corresponding at least to what the Customer is entitled to expect from a professional in the field to provide the Service with quality and speed.

 

 4.              Intellectual Property

  1. The Customer acknowledges that all elements made available by the Company to the Customer (e.g. texts, images, photos, logos, databases, [the functionalities and interface of the Website], etc.) may be protected by one or more intellectual property rights (including copyright, trademark rights and rights related to the production of databases) of which the Company is the holder. The Customer must refrain from using or reproducing these elements and deleting or adapting any references to associated intellectual property rights.

 

 5.              Pricing

  1. In exchange for the use of the Service, the Customer pays the Company the price set out in the offer accepted by the Customer. The price must, unless otherwise specified, be considered as expressed in euros (EUR) and exclusive of value added tax (VAT).

  2. The price is set, as the case may be, on a fixed basis, on a periodic basis (annually, monthly, etc.) or on a per-use or per-delivery basis. The price may, where applicable, detail other costs related to the use of the Service (such as, for example, delivery costs, packaging costs, transportation costs, installation costs, etc.).

  3. [recurring/subscription fees] [The Company reserves the right to change the price of the Service at any time and must inform the Customer in writing. Unless otherwise indicated in the information provided to the Customer, the new price shall take effect on the first day of the second month following the date of communication of the price change. The Customer may object to the application of the new price by sending a written notice to the Company, which has the effect of terminating the Agreement as of the date on which the price change takes effect.]

 

 6.              Payment and invoicing

  1. The Company issues an invoice and communicates the invoice to the Customer. The Customer must pay the elements of the invoice, as the case may be, immediately (through credit card payment, SEPA payment or other online payment facility) or at the latest before the due date (which is set to thirty (30) days after the date of issue, unless otherwise specified on the invoice).

 

 7.              Liability

  1. [consumer-goods] If the Company has delivered consumer goods to the Customer, the Customer may ask the Company to repair or replace these goods if the Customer finds a defect. If the repair or replacement proves to be excessive or impossible or cannot be carried out within a reasonable period of time, the Company will inform the Customer, who may request a price reduction or the termination of the Agreement.

  2. [consumer-goods] If the defect becomes apparent within 6 months after delivery, the defect will be deemed to have existed prior to delivery, unless the Company proves otherwise. After this period, the Customer will provide the Company with proof that the defect already existed at the time of delivery.

  3. To the extent permitted by applicable law (and in particular without prejudice to the Company's liability in the event of the death of or personal injury to the Customer resulting from an act or omission of the Company):

  • the Company does not incur any other warranty or liability than those expressly set forth in the Terms and Conditions;

  • the Company may only be held liable to the Customer for its wilful misconduct, serious misconduct or that of its employees or, except in cases of force majeure, for any failure to fulfil the essential obligations set out the Agreement;

  • if the Company were to be held liable, the Company would only be liable for direct damages and may not be held liable for indirect damages suffered by the Customer, its representatives or other persons concerned, occurring in the context of the execution of the Agreement including e.g. loss of income, loss of profits, loss or compromission of data, loss of customers, loss of turnover, loss of reputation or loss of future revenues, whether or not the Company has been informed of the possibility of the occurrence of such damages;

  • if the Company were to be held liable, the total liability of the Company to the Customer under the Agreement may not exceed [cap to fees] [the price paid by the Customer for the part of the Service for which the Company is liable during the twelve (12) months preceding the occurrence of the damage] [cap to insurance coverage] [the amount that the Company recovers from the activation of the Company's professional liability insurance]

 

 8.              Right of withdrawal

  1. [consumer-goods] If the Company has delivered consumer goods to the Customer, the Customer will have the right to inform the Company of its intention to withdraw from the contract within 14 calendar days without giving any reason and without any additional costs other than those set forth in the Code of Economic Law (the "right of withdrawal").

  2. If applicable, the Company shall inform the Customer that the Company has a legal exception to the right of withdrawal. 

  3. [hygienic products] In particular, the Company may benefit from this exception if sealed goods have been unsealed after delivery and cannot be returned for reasons of hygiene or health.

  4. The Customer will inform the Company of their wish to exercise their right of withdrawal in writing, either by means of an unambiguous statement clearly indicating the decision to withdraw, or by duly completing the legal withdrawal form which can be downloaded via the following links:

●      French version : https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/Formulaire-de-retractation.pdf;

●      Dutch version: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf.

 

 9.              Complaints

  1. The Customer may at any time address a complaint to the Company in writing to the following address: {{email-address}}.

  2. If the Company and the Customer are unable to reach an amicable settlement, the Customer may at any time refer the matter to the Consumer Mediation Service, at the following contact details

 

10.              Duration and end

  1. The Agreement is entered into at the time of acceptance of the offer by the Customer [recurring/subscription fees] [and, unless otherwise stated in the offer, for an indefinite period of time]. 

  2. [recurring/subscription fees] Either party may terminate the Agreement by giving unambiguous notice to the other party of its intention to terminate the Agreement. The Agreement will automatically terminate at the end of a period of [three (3) months] from the date of the sending of the notice.

  3. To the extent permitted by applicable law, the Company will not refund to the Customer any amount paid by the Customer at the end of the Agreement (regardless of the cause of the end of the Agreement).

 

11.              Modifications

  1. [recurring/subscription fees] The Company reserves the right to modify at any time all or part of the provisions of the Terms and Conditions. The Company must inform the Customer by making available to the Customer the new version of the text of the Terms and Conditions. Unless otherwise indicated in the information provided to the Customer, the provisions of the new version of the Terms and Conditions will apply to the contractual relationship between the Company and the Customer on the first day of the second month following the date of the sending of the information. If the Customer objects to the application of the provisions of the new version of the Terms and Conditions, the Agreement will automatically terminate on the first day of the second month following the date of the sending of the information (it being understood that the penultimate version of the Terms and Conditions will continue to apply to the contractual relationship between the Customer and the Company until the end date of the Agreement).

 

12.              Communications

  1. The parties are validly informed or notified in writing of the actions set out in the Agreement (e.g. receipt of an invoice, receipt of notice of termination of the Agreement, etc.) by email to the email address of the contact person set out in the last invoice issued by the Company, or in the absence of that, to the email address of the contact person set out in the offer, or in the absence of that, to an email address through which a party (or one of its representatives) has interacted in the context of the execution of the Agreement.

  2. To the extent necessary, the Customer acknowledges that the Company's invoice must be considered to have been sent to the Customer when it is communicated by email to the Customer.

 

13.              Miscellaneous

  1. Any annex attached to the offer applies to the Agreement.

  2. Any dispute arising out of, or in connection with, the formation, interpretation, execution or termination of the Agreement will be settled in accordance with Belgian law and will be submitted to the exclusive jurisdiction of the competent court competent for the district where the Company's registered office is located, or, as the case may be, and at the option of the Customer, at the competent court of the Customer's place of residence.

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