Article 1 Application of Our General Terms and Conditions
1.1. These general terms and conditions apply to all offers, quotations, orders, services, workshops, and agreements made with Weserv, unless otherwise agreed upon in writing between Weserv and the client.Each agreement is made in confidentiality between the parties.
1.2. The client acknowledges and accepts that Weserv processes the client's data in accordance with its privacy policy. This policy is available on the Weserv website.
Article 2 Offers, Prices, and Orders
2.1. Our offers are non-binding, indicative, and subject to verification of documents/services to be reproduced or performed. Any modifications to the original offer will be invoiced. Modifications are considered to have been ordered and accepted by the difference between the previous design and the modified design unless written objections are submitted within 48 hours. Our offers are valid for a maximum of 30 days. The prices mentioned in the offers apply only to the described operations or services. All prices mentioned are excluding 21% VAT and exclude transportation costs, fees, and subject to final order confirmation. Prices in offers may be adjusted in the event of creative or technical changes requested by the client. Additional costs for additional work will also be charged if the client provides divergent or incorrect instructions. Increases in taxes, levies, government fees, or charges that did not exist at the time of the offer are the responsibility of the client.
2.2. Orders: Any oral request, additional work, or other request for the provision of a proof or design, delivery of any document, model, or copy to Weserv is considered an order or request to be performed on a time and materials basis, even in the absence of a written purchase order. Any person or company placing an order with a request for third-party billing is jointly liable with that third party for payment. Unless prior written instructions for verification have been given, the client represents that all instructions, texts, images, etc., comply with all applicable national and international laws and releases Weserv from any liability in this regard. The client also agrees to fully indemnify Weserv upon first request in this regard.
"2.3. A digital offer through any remote channel (website, Facebook, etc.) is non-binding, subject to availability, and indicative.
When you accept this offer as a customer or register and subsequently receive confirmation from Weserv, you are committed to the purchase from that moment onward;
it is non-exchangeable and non-refundable. As a customer, you agree to electronic communication in this regard.
The customer does not have the right of withdrawal in the case of online registration or online use of Weserv's services, in accordance with Article VI.47 of the Economic Law Code.
The sale of a place in the workshop is always personalized and, therefore, excludes the right of withdrawal. B2B sales are in any case excluded from the application of the right of withdrawal.
By accepting these general terms and conditions, you, as a consumer, expressly declare that you no longer have the right of withdrawal once Weserv has performed the agreement.
This is the case as soon as you have received the confirmation email. The customer does not have the right of withdrawal for the following reasons, which are exceptions to the right of withdrawal:
- Service contracts after full performance of the service if the performance began with the consumer's explicit prior consent, and provided that the consumer has acknowledged that they lose
their right of withdrawal as soon as the business has fully performed the contract; (Article VI.53.1° of the Economic Law Code)
-The delivery of goods made to the consumer's specifications or clearly personalized; (Article VI.53.3° of the Economic Law Code)."
Article 3 Copyright
3.1. Copyright: The client warrants to Weserv that they have the right to order the reproduction or printing of all files, texts, photos, etc., provided. Weserv is in no way responsible for violations of the (intellectual property) rights of third parties. The client assumes all liability, if any, and releases Weserv from any complaints that may be filed against it, both in principal and interest and any legal and other costs. In accordance with legal provisions on copyright and intellectual property, all designs, workshops, performances, and achievements made by Weserv, in any form whatsoever, remain its exclusive property. In the event of a proven violation of the aforementioned intellectual property, Weserv is entitled to charge a reasonable fee determined by itself. The client has a maximum right of use. They may not be used in a manner other than agreed upon and may not be reproduced without Weserv's prior written consent and without prior payment of a separately agreed-upon amount for the transfer of the author's proprietary rights. The transfer of original materials or others can in no way be interpreted as a transfer. Any transfer by Weserv is limited to the object of the separate contract.
3.2 Unless the work is unsuitable, Weserv is entitled to display its logo on or next to the work performed. Weserv is free to use the assignment for reference purposes in its own promotion.
3.3 If the client wishes to use a specific font, they must purchase the font themselves, including the rights for the intended use.
Article 4 Corrections
"4.1. All corrections are automatically charged to the client. They are invoiced to the client at the hourly rate. Weserv can only be held responsible for errors that are attributable to it and proven by the client.
The client's claims cannot in any case lead to the suspension of payment of overdue invoices".
Article 5 Deliveries
"5.1. Delivery Time: Delivery times must be determined in writing. The specified delivery times are indicative and do not bind Weserv.
Failure to meet delivery deadlines cannot be invoked to cancel or terminate an order or claim damages unless a reasonable justification is provided.
Corrections and non-payment within the specified timeframes result, unless otherwise specified, in the automatic forfeiture of the initially agreed-upon deadlines.
The transfer of ownership and/or the right to use the designs and goods, or any other provision, are suspended until full payment of the order in accordance with the general terms and conditions of sale.
As long as the client does not fulfill or only partially fulfills their payment obligations or is in default in any other way, the client is not authorized to use the designs or deliveries related to the order.
In this case, Weserv remains the legitimate owner and can enforce its rights."
5.2. Complaints: Any complaint must be notified by registered letter with motivation to our registered office within eight calendar days following delivery.
"5.3. Delivery: Delivery and risk transfer take place at our offices. Delivery and packaging costs are borne by the client. All goods travel at the risk of the client and are deemed to have been accepted in their
entirety before departure. Weserv can only be held responsible for fraud".
Article 6 Payment Terms Protest
6.1 All our invoices are payable in cash at our registered office on the due date without discount, unless otherwise agreed.
"6.2 Any payment is credited to the oldest overdue invoice, first to the amount of damages, interest, and fees due. Weserv reserves the right to invoice advances or interim services to the client at any time or
to require additional guarantees from the client. "
6.3 Any delay in payment by the client makes all amounts due immediately and without formal notice, and gives Weserv the right to suspend further performance of services.
"6.4 In case of exceeding the authorized payment period, interest of 12% per annum from the due date of the invoice will be automatically due and without any prior notice on the amounts due,
until full payment is made. In addition, any unpaid amount at its due date will be automatically increased without notice by a lump-sum indemnity of 12% with a minimum of 150 euros,
even in the case of granting extensions. This article applies without prejudice to Weserv's right to claim higher compensation upon proof of greater actual damage suffered."
6.5 In case of non-payment of the domain name and hosting within 30 days, Weserv has the right to withdraw the client's website or domain name.
"6.6 Any dispute must be notified by registered letter to the registered office of Weserv within 8 days and must explain the reasons for the dispute. In the absence of timely dispute,
the invoices are definitively accepted, and full payment is due. The dispute does not suspend the client's payment obligation. "
Article 7 Termination of the Contract
"7.1 In case of death, bankruptcy, incapacity, manifest over-indebtedness, suspension of payment, reorganization, dissolution, change of legal status, or any other fundamental change in the client's legal situation,
or in case of non-payment of a single delivery, failure to provide adequate materials/information/data within 7 days following the email regarding the already incurred delay, or non-compliance with specific payment
conditions agreed upon, Weserv reserves the right to consider the contract terminated by operation of law or to suspend deliveries and/or cease further orders.
The client cannot claim any compensation in this regard."
"7.2 In this case, the client must pay the compensation provided for in Article 7.3 to Weserv, without prejudice to the right to claim additional compensation. It is sufficient for Weserv to express its express intention
to do so by registered letter. In the event of the suspension of work or the project by Weserv, Weserv determines when it will resume services, without being liable for compensation. In any case,
in the situations described above, Weserv may demand immediate payment of all services and expenses incurred. If the assignment is terminated, for whatever reason,
the client is not authorized to use the designs/developments made available to them."
7.3 If Weserv suffers any damage due to suspension (direct or indirect), the client must compensate it.
"7.4 If the contract is canceled/terminated in whole or in part by the client, the client must pay compensation equal to the services already performed and materials already purchased for the relevant work,
plus an indemnity of 1/3 of the agreed price or the regulated price of the canceled order as a minimum indemnity. Amounts already paid cannot be recovered in any case."
7.5 Weserv reserves the right to retain goods until the amounts due from the client are paid.
Article 8 Weserv's Liability
"8.1 Unless otherwise specified, Weserv is only obligated to use its best efforts. Weserv cannot be held liable for: - Errors in the material provided by the client
- Defects in the quotations of subcontractors or exceeding the quotations of subcontractors - Errors in the design, printing, or website if the client has given their approval
- The client is always responsible for the content and illustrations of the design or printing and the website and declares that these are published under their responsibility. "
8.2 If Weserv cannot invoke the above-mentioned limitation of liability, Weserv's liability is limited to direct damage caused by gross negligence or fraud and is capped at the amount of the order.
Article 9 Nullity and Force Majeure
"9.1 If any provision of these general terms and conditions is void, the other provisions will remain in full force, and Weserv and the client will replace the void provision with another provision that comes
as close as possible to the purpose and object of the void provision."
"9.2. When Weserv is unable to perform the assignment due to force majeure, Weserv has the right to cancel the assignment by simple written notification to the client. Amounts already paid cannot be recovered, unless
this would be manifestly unreasonable. Weserv will not owe any compensation to the client. Force majeure cases include natural conditions, pandemics, lockdowns, strikes or lockouts, fires, floods, seizures,
embargoes, hacking or general power failure, internet failure, lack of transportation means, unavailability of persons involved (e.g., due to illness, incapacity for work, strike, etc.), regardless of whether
the force majeure occurs at Weserv or at one of its subcontractors. "
Article 10 To reach an amicable settlement, disputes are initially handled through technical arbitration and mediation by the legal firm Euromed & Partners BV, headquartered in 8200 Bruges, Koning Albert 1-Laan 165.
info@euro-arbitrage.be Tel: 050/38 88 08. Applicable Law - Competent Jurisdiction"
10.1 Belgian law applies to Weserv's contracts. The general terms and conditions are written in Dutch; in the event of interpretation differences in the available translations, the Dutch version prevails.
"10.2 In the event of a dispute (related to the conclusion, validity, performance, and/or termination of the contract between Weserv and the client), only the competent courts and justices of the peace ratione loci are
competent, unless we prefer the competent courts in accordance with Article 624 of the Judicial Code. The contracting party may only take legal action against us before the aforementioned courts and justices of the peace."