general conditions
ARTICLE 1 - OBJECT
1.1. These general conditions (hereinafter referred to as the "General Conditions") govern the contractual relationship between the company FABERGAST SRL, whose registered office is at Avenue du Bois de Sapins 2 - 1200 Woluwe-Saint-Lambert and which is registered with the Crossroads Bank for Enterprises under number 0778.976.217 (hereinafter referred to as "Fabergast") and its Clients (hereinafter referred to as "Client(s)"). They apply to the products and/or services provided by Fabergast, namely brand identity, communication strategy, graphic design and web design services.
1.2. These General Conditions are supplemented by the specific conditions contained in the commercial proposals or estimates signed by each Client.
1.3. Fabergast reserves the right to adapt and modify these General Conditions, it being specified that the applicable General Conditions are those in force on the date of the order placed by the Client with Fabergast.
ARTICLE 2 - ACCEPTANCE AND VALIDITY OF THE GENERAL CONDITIONS
2.1. The present General Conditions are systematically appended to the commercial proposals and estimates sent by Fabergast to the Client. Consequently, the acceptance of the offer or estimate made by Fabergast necessarily implies the full and complete acceptance of these General Conditions by the Client.
2.2. These General Conditions constitute the law between the parties and apply to all Clients, who are deemed to have accepted them as such. They shall prevail, where applicable, over any other contradictory document that has not been expressly accepted in writing by Fabergast. In any event, any stipulation to the contrary made by the Client, in particular as a result of the Client's terms of purchase, shall in no way be enforceable against Fabergast.
ARTICLE 3 - FORMATION OF THE CONTRACT
3.1. Our commercial proposals and estimates are made on a purely indicative basis and without commitment.
3.2. No offer or quotation shall be considered final without the written agreement of Fabergast.
3.3. Our offers and quotations are drawn up on the basis of information provided by the Client. Any change in such information shall result in a revision of the price.
ARTICLE 4 - DELIVERY TIMES
4.1. Any indication relating to delivery times is considered to be indicative and is not binding on Fabergast, unless special indications are included in the commercial proposal.
4.2. A delay in delivery may not under any circumstances give rise to the termination of the contract, nor to the payment of compensation of any kind whatsoever.
4.3. Fabergast's obligation is of means, not of results.
ARTICLE 5 - PRICE AND PAYMENT
5.1. Fabergast's prices are those determined on the day the contract is concluded. Unless otherwise stipulated, said prices are exclusive of VAT and include only the costs mentioned in the commercial offer.
5.2. Unless otherwise specified in the commercial proposal, all Fabergast invoices shall be sent at the end of the project before delivery of the deliverables and shall be payable upon receipt or on any other due date mentioned therein to the bank account mentioned therein.
ARTICLE 6 - SUSPENSION AND TERMINATION
6.1. In the event of non-payment by the Client of an invoice governed by these General Terms and Conditions, Fabergast may suspend its services, without prejudice to its right to claim any damages.
6.2. Failure to pay on the due date also authorises Fabergast to invoke the termination of the contract binding it to the Client without this termination entitling the Client to any compensation.
6.3. Fabergast shall notify the Client in writing of any termination of the contract or suspension of services.
ARTICLE 7 - INTELLECTUAL PROPERTY AND TRANSFER OF COPYRIGHT
7.1. In any event, the copyright and intellectual rights relating to the order remain the property of Fabergast until full payment of the order price.
7.2. The transfer of copyright relating to the order is specified on the final invoice.
7.3. Unless expressly agreed otherwise in writing by Fabergast, Fabergast does not transfer any other rights to the Client.
7.4. The Client acknowledges that Fabergast also has the right to communicate the Final Product of the order to the public on its website and its promotional materials/supports.
ARTICLE 8 - LIABILITY
8.1. Fabergast may not be held liable for any failure to perform or improper performance of all or part of the contract resulting from the acts of the Client and from force majeure.
8.2. The following events are considered to be cases of force majeure:
The total or partial loss or destruction of Fabergast's computer system or its database when one of these events cannot reasonably be attributed directly to Fabergast and it is not demonstrated that Fabergast did not take reasonable measures to prevent one of these events; Earthquakes, fires, floods, epidemics, acts of war or terrorism, strikes, lockouts, embargoes, insurrections and riots, power failure, failure of the Internet or data storage system, failure of the telecommunication network, loss of connectivity to the Internet or telecommunication network; An act or decision of a third party where such decision affects the proper performance of this contract or any other cause beyond the reasonable control of Fabergast.
ARTICLE 9 - COMPLAINTS
9.1. Any complaint must be addressed in writing to Fabergast within seven (7) working days of delivery of the final order to the address hello@fabergast.studio or by post to the address of the registered office.
9.2. In the absence of any reaction from the Client within this period, the final order shall be deemed irrevocably accepted by the Client.
ARTICLE 10 - APPLICABLE LAW AND JURISDICTION
10.1. These General Conditions and more generally the contract between the Client and Fabergast, are governed by Belgian law.
10.2. Any dispute relating to their interpretation and/or execution shall be subject to the exclusive jurisdiction of the French-speaking Enterprise Court of Brussels.
ARTICLE 11 - FINAL PROVISIONS
11.1. The fact that Fabergast does not avail itself, at any time, of one of the provisions of these General Terms and Conditions, may not be interpreted as a waiver by Fabergast of its right to avail itself of such provision at a later date.
11.2. In the event that one of the provisions of the General Terms and Conditions is declared null and void or without effect, it shall be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null and void or without effect is essential and determining.
