Terms & Conditions

Unless otherwise agreed in writing, these general terms and conditions apply to all our deliveries and services. Every order and/or signature of a quotation or agreement by the client to whom these terms were communicated or made available constitutes confirmation that the client knows and accepts these general terms and conditions.

2.1. The total price stated in the quotation is purely indicative. The quantities stated in the quotation are estimates only. We bear no risk whatsoever for the assessment of the work to be performed, nor for difficulties in execution. The quotation is drawn up on the basis of the information provided by the client. Obvious mistakes or obvious errors in the offer are not binding on us. Additional work and anything not expressly stated in our quotations is not included in the price or the agreement, and must, where applicable, be the subject of a separate written agreement between the parties.

2.2. We expressly reserve the right to increase the agreed price, including after the date of order confirmation, on account of a price increase of one or more elements of the production or logistics chain and/or in the event of a price increase of the raw materials required for the products.

2.3. We reserve the right in all cases to request an advance payment from clients of 30% of the price upon ordering. The balance is payable on delivery. Should the advance not be paid by the client, and should the client fail to make any payment, we reserve the right to cancel the agreement and to claim 30% of the price by way of damages.

In the event of changes of an economic, financial, technical, political or legal nature (hereinafter: unforeseen circumstances), including but not limited to increases in the cost of personnel and materials, whereby the economic balance of the agreement is disturbed because the cost of performance has increased considerably for us, we shall be entitled to adjust our rates and (unit) prices. If an event of unforeseen circumstances gives rise to inequitable or disproportionate damage for us, we reserve the right to terminate the agreement without any compensation being due.

4.1. The performance periods stated are approximate and purely indicative. Should the foregoing periods not be observed, this does not entitle the client to terminate or end the contract, nor does it give rise to any right to compensation.

4.2. In the event of a delay in performance due to weather conditions, delays at suppliers, illness or exceptional circumstances (force majeure), the previously stated delivery and performance periods shall be extended proportionately.

4.3. If delivery has been agreed free of charge to the site or the warehouse, Obskur BV, its subcontractors or appointees are only obliged to deliver at that location insofar as it is accessible by normal means. Any additional costs required for a normal delivery shall always be borne in full by the client.

If the agreement is concluded at a distance, the consumer client may not invoke any right of withdrawal. The client may not cancel the order free of charge.

Where the agreement was concluded at a distance, the consumer client is excluded from any right of withdrawal where the contracted works have been commenced with the client’s consent, where the works concern urgent repairs or maintenance, or where the services are supplied to the client’s specification. If the client nevertheless cancels the order, compensation amounting to 30% of the contract price shall be due, without prejudice to our right to claim higher compensation if the actual costs are higher.

In all cases, cancellation of the assignment is only possible after our prior written agreement and subject to payment of 35% of the contract price, without prejudice to our right to prove and claim greater damage. If we ourselves terminate or cancel the agreement, or if the agreement is terminated through our doing, the client, insofar as the client is a consumer, is entitled to the same compensation from us.

7.1. We are only liable for the consequences of a loss event if it is attributable exclusively to us. For loss events that are partly due to the client or to a third party, we shall at most be liable towards the client for, and at most be required to compensate, the share caused by our fault, to the exclusion of any joint and several liability with the other debtors. Save in the case of intent or gross negligence, any liability on our part is in all cases limited to the amount of any intervention by the liability insurer under our professional indemnity policy. Save in the case of intent, fraud, deceit or gross negligence, we shall in no event be liable for, nor be required to compensate the client for, any form of non-material, indirect or consequential damage including but not limited to loss of profit, loss of turnover, loss of income, loss of production or production stoppage, administrative or personnel costs, an increase in overheads, missed opportunities, loss of clientele or any third-party claims. Our liability can moreover never extend beyond mere replacement, without any additional compensation being claimable.

7.2. We cannot be held liable for no-fault nuisance between neighbours (art. 3.101 of the Belgian Civil Code). The client is liable for such damage towards third parties and has no recourse against Bram Declercq.

8.1. The works are carried out according to good professional practice, as specified in the contractual documents. All works are deemed to have been definitively accepted within one month after completion of the works, unless a report of acceptance was drawn up prior to that period. In the latter case, we can in no event still be held liable for visible defects.

8.2. Complaints regarding any hidden defects must be communicated in writing within one month of discovery of the defect, stating details and supporting evidence. Complaints relating to any non-conformity of our works or delivery and/or to any visible defects must be reported to us in writing by registered mail within 15 days of performance of the works. In the absence of a complaint within the aforementioned periods, the works performed or deliveries made are deemed to have been accepted.

8.3. In any event, any claim for hidden defects must be brought within a period of 12 months after their discovery.

9.1. All invoices are payable in cash at our registered office, regardless of the method of payment and even if we were to draw bills of exchange on the client or have our invoices collected by banks or other institutions.

9.2. Invoices are payable before the start of the works. Unless otherwise agreed, all invoices are payable within 15 days from the invoice date.

9.3. In the absence of express written protest of the invoice within 15 days of receipt of that invoice, the client is deemed to accept the invoice without reservation, including the invoice conditions stated on it.

9.4. If the client fails to meet its payment obligations, we reserve the right, on the one hand, to suspend further performance of the specific or any other agreement with the client until full payment by the client of all arrears, and, on the other hand, to consider the agreement dissolved by operation of law and without prior notice of default at the client’s expense. Non-payment on the due date of a single invoice renders the outstanding balance of all other invoices, even those not yet due, immediately payable by operation of law. Every invoice not paid or not paid in full on its due date shall, by operation of law and without prior notice of default, bear default interest of 8.5% per year, from the due date of the invoice until the day of payment in full. In the event of total or partial non-payment of the invoice on the due date, and without any notice of default being required and without prejudice to any legal costs, the amount due shall be increased by a fixed penalty clause of 10% of the total invoiced amounts claimed or outstanding balances, with a minimum of 125 euro, even if periods of grace are granted.

An event of force majeure is understood to include, but is not limited to, each of the following events: natural disasters (such as flooding, storm, hurricane, lightning, snow, earthquake, etc.), armed conflicts (such as war, revolution, uprising, military operation, occupation, etc.), social unrest (such as strike, demonstration, lock-out, trade dispute, etc.), crimes (such as theft, terrorism, etc.), illness and epidemic, power and telecommunications interruption, economic factors (such as delivery delay, shortage of raw materials, shortage of labour, etc.), accidents (such as fire, explosion, machine breakdown, etc.) and government intervention. We are released from any contractual or non-contractual liability from the moment the event of force majeure occurs.

In the event of dissolution of the agreement at the expense of the counterparty, the latter owes a fixed compensation of 35% of the total contract sum, without prejudice to any legal costs and our right to claim additional compensation.

12.1. Every work or design that has arisen through our own creativity, and that is the result of our own intellectual creation, remains our exclusive property. Work or design is understood to mean every drawing, illustration, model, photograph, animation, typeface, (website) template and widget, object code, source code, computer code, video and audio file, interface, page layout or text through which an idea has been given form, whether provisional or final. All rights, claims and interests concerning our services, including any content that is (or may be) protected by copyright, as well as the information, techniques, methods, models, interactive functions, products, inventions, logos, service marks, trade names and other means of identification used by us, whether or not registered or registrable, are our exclusive property or are licensed to us.

Except with our express permission, our intellectual property may not be reproduced in any way whatsoever, whether directly or indirectly, temporarily or permanently, in whole or in part. Without prior permission it may likewise not be published or adapted, nor rented out, lent or transferred. In the case of publication on social media, we must be credited as the author. The client may not object to our name being mentioned on the work created by us.

12.2. The client retains its intellectual property rights with respect to the content (models, drawings, images, texts, animations, files, etc.) that it supplies for the performance of the assignment. By transferring this content, the client grants its permission for the use of the supplied content in order to allow us to perform the assignment and provide our services. The client also grants permission for the uploading and/or copying of the supplied content, the sharing of this content in cloud services, its adaptation, as well as all other technical operations necessary to perform the assignment.

12.3. By placing an order or giving an assignment, the client confirms that they are the owner of the portrait rights, publication rights, intellectual property rights (including copyright), reproduction rights and similar rights to the photographic and visual material supplied to us, including trade mark rights, rights to trade names or other rights to supplied logos, signs, marks and designs. The client shall indemnify us against any claim brought against us on the basis of an infringement or alleged infringement of any intellectual property right arising from the use of content supplied by the client.

13.1. PURPOSES | In order to complete the contracted assignment, we will request a number of personal data from the client (in particular: name, address, telephone number, email, etc.). Your personal data are necessary for the performance of the contract, as well as for conducting correspondence, our administration, our bookkeeping and for the delivery of the works ordered. In order to guarantee our services, we will be obliged to share your personal data with third parties such as logistics partners, (sub)contractors, commercial partners, suppliers, intermediaries, IT service providers, affiliated companies, etc.

13.2. LEGAL BASES | We process your personal data either on the basis of your informed consent, or because this is necessary for the performance of the agreement, or out of the necessity to comply with a legal obligation, in accordance with Articles 6.1 (a), (b) and (c) of the General Data Protection Regulation (Regulation (EU) 2016/679), hereinafter “GDPR”.

13.3. YOUR RIGHTS | You have the right at all times to access your personal data, and may always request that they be adapted, corrected, that their processing be restricted, or that the data be erased. You may always object to the processing of your personal data, however only for specific, particular reasons as provided in Article 6.1 (e) or (f) GDPR, or in the case of use for profiling and marketing purposes. You also have the right to obtain a copy (in a structured, commonly used and machine-readable form) of your personal data and to have the personal data transmitted to another company. You may obtain written communication of your personal data free of charge by sending a request by email to bram@obskur.studio. However, where a request is manifestly unfounded or found to be excessive, an administrative fee may be charged.

13.4. COMPLAINTS | You have the right to lodge a complaint about the processing of your personal data with the Belgian Data Protection Authority (Gegevensbeschermingsautoriteit, GBA), Drukpersstraat 35, 1000 Brussels | gegevensbeschermingsautoriteit.be/contact | T: +32 (0)2 274 48 00 | F: +32 (0)2 274 48 35.

In the event of a dispute to which the interpretation or performance of the agreement might give rise, only the courts of the judicial district of our registered office have jurisdiction. The agreement with the client is governed by Belgian law.