Article 1 – Acceptance of the conditions
Any order implies the unreserved acceptance by the customer of the general conditions set out below. Unless expressly agreed in writing between the parties, the present clauses and conditions constitute all the agreements between them, notwithstanding any provisions to the contrary which may appear on the order forms or any other document issued by the customer.
Article 2 – Offers and quotes
Our offers and quotes are valid for 1 month, starting on the day they are sent.
The figures included in our offers, quotes or order forms are binding on ELASTIK LAB only insofar as the client does not make any modification to the reference project. Any special, additional or urgent work may be subject to a rate increase.
Article 3 – Orders
Any final project will be followed by a final proof transferred to the customer for acceptance. This agreement will release ELASTIK LAB from any liability for any errors (error in clean-up, printing errors, etc.) appearing therein, not noted by the customer. In the event that, for reasons of time or place, this proof cannot be signed by the customer, ELASTIK LAB reserves the right not to place the order and to claim compensation relating to an order cancellation (see article 4).
A 30% deposit may be requested when ordering. This deposit will be payable before the start of the execution of the work.
Article 4 – Order cancellation
The cancellation of any order prior to the start of the execution of the work automatically entails the payment of compensation calculated according to our loss of earnings due to the termination of the contract. This compensation will be at least 50% of the value of the order.
Article 5 – Delivery time
No delivery time is guaranteed, unless it is expressly stipulated on the order form. Even in this case, ELASTIK LAB incurs no liability if any delay is attributable to suppliers or other third parties, whether or not it is force majeure.
Deadlines only begin to run when ELASTIK LAB is in possession of all the information, documents and media necessary for the proper execution of the work.
Article 6 – Price
Except for specific contractual provisions, our price lists are purely indicative. Prices are subject to change without notice. Shipping costs are the responsibility of the customer.
Article 7 – Sending of works and supplies
In the event that the dispatch of works or supplies by any means whatsoever is planned, these travel at the customer’s risk and peril. It is up to him to formulate the necessary reservations with the carrier.
Article 8 – Terms of payment
Our invoices are payable within 30 days from the invoice date, without discount.
For any invoicing request for an amount less than €50 excluding VAT, an administration fee of €7.50 excluding VAT will be charged.
Article 9 – Late payment
In the event of non-payment on the due date, late payment interest of 1% per month will be due automatically and without prior notice. In addition, the unpaid amount will be automatically increased by 15% with a minimum of €50 as damages, excluding recovery costs. These will be due in addition in accordance with the law. Failure to pay an invoice makes all other invoices payable.
Article 10 – Retention of title
All work and supplies delivered by ELASTIK LAB remain its property until full payment of the invoices by the customer. They could be claimed from the latter or from any third party in the event of non-payment.
Article 11 – Complaints
Any complaint concerning the goods and services provided must reach us by registered mail within five days of receipt, referring to the invoice number. Any complaint concerning our invoices must reach us by registered letter within 10 days of receipt. A complaint cannot under any circumstances justify a delay or refusal of payment.
Article 12 – Liability of ELASTIK LAB
The liability of ELASTIK LAB will only be engaged in the event of fraud or gross negligence. In any case, it will be limited to an amount corresponding to twice the price of the disputed order.
Article 13 – Customer responsibility
The customer is responsible for the information covered by the order, transmitted to ELASTIK LAB. The customer guarantees to have received the reproduction rights of the texts, documents, plans or photos that he gives us to reproduce. We execute orders under the sole and entire responsibility of the customer and the latter undertakes to indemnify us in the event of a dispute by a third party, including defence costs.
Article 14 – Copyright Director – Intellectual Property
The copyrights are acquired by us for all our creations and can only be transferred with our written agreement. We reserve all rights of adaptation and modification for the work provided.
The magnetic supports, the preparations as well as the final films resulting from the photoengraving of a work created and put in the net by our care remain our property. The use of these for commercial, reprinting or other purposes can only be done with our prior written consent.
Article 15 – Limitation of liability
ELASTIK LAB cannot be held responsible for any direct, indirect, incidental, special, important or exemplary damage, such as (non-exhaustively) damage for the loss of profits, or other intangible losses, resulting from the inability to use the service or the unauthorized use of your data or the modification of your data by an unauthorized person. In any case, the user remains responsible for backing up his data.
ELASTIK LAB cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.
You agree that the navigation and use of your site depends on the proper functioning of the Internet, systems and services of third parties. ELASTIK LAB is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as the loss of data, an intrusion, a virus, a service cut or other.
The use of our services and services must be made in compliance with the laws in force. In particular, the user is expressly prohibited from:
upload, send, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, or otherwise objectionable;
harm third parties in any way;
attempt to mislead other users by usurping the name or corporate name of other people and more particularly by impersonating an employee or affiliate of ELASTIK LAB;
upload, post, transmit by e-mail or in any other way any content containing computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, or telecommunications tool without this enumeration is not exhaustive;
commit any action that has a disruptive effect that impairs users’ ability to access our services;
interfere with or disrupt the service, servers, networks connected to the service, or refuse to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Service;
collect and store personal data relating to other users. Reproduce, copy, sell, resell, or exploit for any commercial purpose any part of the Service, any use of the Service, or any right to access the Service.
Article 16 – Commercial mentions
Unless explicitly stated otherwise by the client company, ELASTIK LAB reserves the right to include in the production a commercial statement clearly indicating its contribution, in the form of a statement of the type:
“Design of ELASTIK LAB”, when it concerns graphic design services,
“Production: ELASTIK LAB”, when it concerns web development services.
“A Creation of ELASTIK LAB”, more generically when it comes to a global service.
Article 17 – Attribution of jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Belgian law. In the absence of an amicable resolution, the courts of Liege will have sole jurisdiction for any dispute relating to the interpretation and execution of a contract and its consequences.