General terms and conditions
1. Unless otherwise agreed upon in writing, all actions, services and agreements by or with our company are subject to these general terms and conditions.
2. In the present text, the term ‘customer’ refers to the person placing the order and ‘supplier’ refers to the person accepting and executing the order.
3. The customer declares to be aware of the provisions and to accept them in their entirety unconditionally. These terms and conditions take precedence over those of the customer, unless expressly accepted in writing by the supplier.
price requests and price indications
4. A customer requesting a supplier to deliver a sample, model, design, text, film or any other preparatory work, without an explicit reservation, undertakes to entrust the order to the supplier afterwards or to reimburse him for the work delivered.
5. Each quotation is only binding for the number of units originally specified.
6. Anyone who places or commissions an order is assumed to be authorised to do so. The supplier hereby declines all liability towards third parties. The customer is also liable for the payment of bills, even if the customer requests invoicing to third parties and if the supplier has agreed to this.
7. The customer is also liable for breaches of the legal provisions on copyright, reproductive, artistic or industrial property, unfair competition, protected products and similar when placing an order. He expressly indemnifies the supplier against all financial or legal consequences which may result from this.
8. In the event of late delivery by the customer of texts, drawings, images or similar, resulting in a delay of the work, any further responsibility by the supplier is rejected. This is also the case for changes. Discontinuation of the assignment at a certain stage entitles the supplier to recover all costs incurred.
proof and liability
9. The customer can always request a proof of the order to be executed. This may be delivered in two copies, one of which is dated, has a "ready for print" "written and signed in person on it and is returned to the supplier, whereby all responsibility regarding errors, omissions or defects on the part of the supplier ceases to exist. Proofs are delivered on plain paper. Samples that are identical to the conditions for the final product will be charged separately.
10. The choice of fonts, page lay-out and design is left to the discretion of the supplier, unless otherwise stipulated. Any changes made to proofs that involve a change to this choice or author's corrections that involve a change, correction or omission will incur additional costs.
11. An order for proof must always be included in the price quotation request. Any delay caused by the request of a proof that had not been previously specified is not the responsibility of the supplier. Unless otherwise agreed in writing, the proof corrections must be returned to the supplier within three working days.
12. In the event of a dispute, corrections that have been communicated orally and by phone are recognised, provided they have been confirmed in writing.
terms of delivery
13. Late delivery of texts and models, corrections, proofs and similar by the customer, as well as a late order submission for final printing may extend the delivery period and increase costs.
14. In the case of expressly stipulated delivery deadlines, put in writing at the time of ordering, the terms of delivery will begin from the first working day following the handing over of all materials, texts and documents needed to start the assignment.
15. For the delivery of work that is - at the request of the customer - within a shorter period than what was normally foreseen, additional costs will be charged.
16. The supplier must comply with certain supplier conditions regarding the stockpiling of paper and other materials. These conditions equally apply to the customer and cover the production of paper types, belt weights, dimensions, minor colour deviations, quantities and similar. As such, the following minor deviations are always permitted:
- A variation of maximum 10% more or less in print run, depending on the order’s size, the paper or cardboard thickness and the weight of the print media. Any additional copies will be charged at unit price.
- Slight differences in colour, purity, smoothness, appearance, sating and uniformity of the front and back of print media, even if they occur in the same delivery or production or parts thereof.
17. In the case of complicated or difficult finishing, an increase in the permitted deviation percentage must be allowed.
18. A perfect colour reproduction match can never be guaranteed due to the production and variability of inks and inking. As such, a slight deviation must be allowed for.
19. Delivery of the work occurs at the supplier's address. Packaging and transport costs are paid for by the customer. In the case of a free delivery, the cheapest transport arrangement option is chosen. If the customer requires a different arrangement, he will be charged the additional costs.
20. Goods always travel at the customer’s risk. The supplier cannot be held liable for delays or holdups, unless they are caused by his fault or the fault of his employees or agents.
21. Accepting the goods without a note on the delivery or dispatch note is considered as proof of receipt in good condition.
22. Under penalty of loss of rights, any complaint must be submitted by registered mail within eight days of receipt of the goods. If the customer has not examined the delivery within this period, he is assumed to have found the delivery in accordance with the order. Claims regarding hidden defects must be filed within a short time following the discovery of any such defect.
23. If the customer fails to receive the delivery, the period of eight days starts from the moment a delivery note is received, serving as proof of receipt in good condition.
24. The partial use of the goods delivered entails the acceptance of the entirety. Defects to a part of the delivery do not give the customer the right to reject the entire delivery. The supplier reserves the right to deliver properly executed work to replace any faulty work.
25. The responsibility of the supplier is limited to the partial reimbursement of the price received for the non-compliant part of the order. The supplier declines any further responsibility, including all damage caused to persons or goods by the goods delivered or sold.
26. Any dispute arising from this agreement can only be settled by the court of the territory in which the supplier's company is located. This also applies to disputes in summary proceedings. If the customer is a natural person or legal entity who acquires or uses the products or services exclusively for non-professional purposes, all disputes arising from these agreement will be settled by the court of the consumer's place of residence.
intellectual and industrial property rights
27. Unless the parties have agreed otherwise in writing, all intellectual and industrial property rights arising from the order, including patent rights, design rights, trademark rights and copyright, belong to the supplier. If acquiring said right requires a deposit or registration, it is the supplier who is exclusively authorised to do so, unless the parties have agreed otherwise.
28. Reports, advice, texts, (work) drawings, illustrations, prototypes, scale models, moulds, designs, advertising concepts, slogans, advertising properties, film, audio and video presentations, computer files and all other materials that are intended for the work to be created by the supplier remain the property of the supplier at all times, regardless of whether they are made available to the customer or to third parties.
29. The supplier grants the customer an exclusive licence to use the work he has produced for the customer, insofar as it involves the right of publication and reproduction, in accordance with the use agreed upon by the parties at the time of the order (period, media, countries). If no agreements about the use were made when the order was awarded, the granted licence will be limited to that use of the work which the supplier could reasonably have understood was intended by the customer at the time the order was given. If a difference of opinion arises between the parties in this regard, the burden of proof of the intended use lies with the customer.
30. If the customer wishes to use the work more broadly than was originally agreed, it is up to the supplier to allow this. The supplier is entitled to attach conditions to his permission, in particular regarding the condition that the customer pays an additional fee for wider use.
31. The client is not allowed to make changes to the work nor have them made without the prior written consent of the supplier.
32. If the supplier initiates debt collection proceedings as a result of non-payment, the supplier is entitled to recover any discounts deducted as a return commission.
33. Under no circumstances is the customer entitled to suspend (part of) the payment and compensation is explicitly excluded.
34. The supplier does not take responsibility for any downtime of the products hosted by us, as we have no control over its proper functioning and only the third party can be responsible for this. We are also not liable for consequential or other indirect damage, including loss of profits and missed savings. The supplier cannot be held accountable for any damage caused by third parties (hackers, crackers and others who abuse the delivered products). The supplier reserves the right to purchase certain immaterial movable assets or services from suppliers for resale.
35. Under no circumstances can the supplier be held liable for a technical, accidental, intentional, unintentional, gross or negligent error on the part of a third party supplier. The supplier undertakes to provide support and advice to the customer where possible and provides appropriate action against the third party supplier. Moreover, the supplier can only be held liable towards the customer for proven and actual damages resulting from a prior agreement. Under no circumstances will any compensation exceed the total amount of services as invoiced to the customer.
36. As long as the services provided have not been fully paid for by the customer, they remain the property of the supplier. The full source code of the project, including the accompanying property rights but excluding the moral rights – such as the right of divulgation (right to publish), a right of paternity right (recognition of paternity) and a right of integrity (respect for the work)-, will be transferred from the supplier to the customer, albeit under the conditions and restrictions as described below. Moral rights are inalienable, as stipulated in the ‘Wet betreffende het auteursrecht en de naburige rechten van 30 juni 1994’ (Copyright and Related Rights Act of June 30, 1994). The supplier will always be referred to as the original author of the work. Full source code is understood to contain the complete PHP code, databases, image and source files. This transfer will enable the customer to make necessary adjustments to the project afterwards, if needed. However, the customer is prohibited from passing on or reselling the source code or parts thereof in a commercial or any other way to third parties without the explicit prior consent of the supplier. The customer is also not allowed to use the source code transferred to him commercially as a basis for other websites. The transfer of the source code is thus strictly limited to the project at stake.
37. The supplier guarantees to solve all defects that arise through an error of the supplier within the framework of a project delivered by the supplier and which would become apparent after the delivery/completion of the products or services in question. The client must report these defects in writing and exclusively by registered mail, at the latest 6 months after the delivery/completion of the said services or products. Following the expiry of this period, the supplier is no longer bound by this clause. The aforementioned obligation on the part of the supplier ceases to exist if another developer is working/has worked on the project. Finally, the supplier cannot be held liable by the customer if it turns out that the identified errors are the result of adjustments made by the customer himself after the transfer of the source code and completion of the project by the supplier. Any costs incurred by the supplier to detect defects which subsequently prove to be the fault of a third party/the customer will be recovered by the supplier from the customer.
38. The supplier is entitled to request an advance payment of one third of the amount with every order, a second third may be requested with the print order and the outstanding balance upon delivery.
39. The invoice is payable, at the supplier's address, in cash or within a fixed deadline with a maximum of 30 days. Bills of exchange, checks, mandates, receipts and similar do not derogate from these terms.
40. Receipt of the invoice is effective ipso jure by operation of law and without any reminder or formal notice, without the need for any document. Each unpaid invoice will incur, from the date of expiration, by operation of law and without any summons or default notice, an interest charge of 1.5% per month at the expense of the customer.
41. If the invoice remains unpaid for 15 days after a reminder has been sent by registered mail, the outstanding debt will also be increased by 10% of the invoice amount, with a minimum of €40.00.
42. When invoicing one or more deliveries, deducted from an order that has not yet been delivered in full, the customer cannot invoke this to postpone payment until after full delivery. In the event of non-payment of the invoice or one of the invoices on the due date, the supplier reserves the right to demand immediate payment of all outstanding debts and to cancel any order or ongoing contract.
43. If the order is cancelled or the execution suspended at the request of the client, the invoice will be based upon the work carried out or the stage of execution at that time.
refunds, cancellations and rescheduling
44. In case of cancellation or rescheduling of a performance or event, comma will refund or dispatch new tickets if payment was made through comma’s account or comma's online payment provider (MultiSafepay).
If the payment was made through the account or online payment provider of the organizer, it is the organizer who takes all responsibility for refunds, complaints and cancellation of bookings.
45. Tickets are only refunded in case of cancellation of the event. In case of faulty or multiple payment of bookings, the organizer takes responsibility for reimbursing the wrongly paid amount. The amount of the refund always excludes transaction costs.
right of withdrawal
46. There is no right of withdrawal and, as a buyer, you do not have the right to cancel a purchase. Even though Article VI.47 of the Wetboek Economisch Recht (Code of Economic Law) in the domain of distance selling provides a 14 calendar days period in which the consumer may cancel his purchase, this right of withdrawal does not apply to contracts concluded via this website, on the grounds of Article VI.53, 12° of the Code of Economic Law. This article states that:
"The consumer cannot exercise the right of withdrawal provided for in Article VI. 47 for (...) the provision of accommodation other than for residential purposes, transport, car rental services, catering and services relating to leisure activities if the contracts provide for a specific date or period of performance".
47. Online tickets reside under leisure services in the sense of art. VI.53,12° in the Code of Economic Law. As such, exchanging and cancelling already paid tickets is not allowed.