General terms and conditions Taste
Smaak is a commercial name for Matthys; Sandrino BE0763466808. These terms and conditions apply from 01/05/2025.
When placing an order or agreeing to a proposal or using the services, the customer or consumer declares that he accepts the rights and obligations arising from the general terms and conditions.
Using visualizations in marketing
Definitions
The Parties
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The general terms and conditions for delivery of services and products, hereinafter referred to as the "General Terms and Conditions", apply to all orders placed with Smaak (Matthys; Sandrino), domiciled at Abdijstraat 4 box 0022, 9220 Hamme, with VAT number BE0763466808, which can be reached via mail (info@smaak.design) and telephone ( +32 (0)471/ 03 86 84) hereinafter referred to as "The Company".
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The present general conditions constitute the agreement binding the service provider and the client, they are hereinafter jointly called the "parties".
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The “customer” is any natural person or legal entity ordering services from the service provider.
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The "consumer" is the customer, natural person, who acts for purposes outside his trade, business, craft or profession.
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The “consumer” and ‘customer’ are included together as the “client”.
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The present general terms and conditions are the only ones applicable between the parties. They exclude the client's general or special terms and conditions that the service provider has not expressly accepted in writing.
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Definitions of Terms.
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Assignment: The agreement between the firm and the client defining the firm's services, such as creating 3D visualizations and interior designs.
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Services: Any work performed by the company, including but not limited to creating 3D visualizations, designing interiors, providing architectural designs, and consulting on interior design.
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3D visualization: A digital representation of an interior or building, in 3D, created using computer programs to create a visual concept of a space.
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Interior Architecture: The design and layout of interior spaces, paying attention to both aesthetic and functional aspects of the space, by a professional interior designer.
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Intellectual Property: All rights related to the design, 3D visualization and other creative expressions created by the company. This may include copyrights, trademark and design rights or other intellectual property rights.
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Delivery Time: The agreed time in which the company's services are to be delivered to the client, for example, the delivery of a 3D visualization or interior design.
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Price/Fee: The amount to be paid by the client for the firm's services, including any ancillary costs such as software licenses, material costs, or any travel expenses.
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Change of Assignment: Any change or extension to the original assignment made by the client after the signing of the agreement.
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Member: a user or client with access to the Member Portal, this can be either a client or a consumer.
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Member Portal: the restricted area of the website that provides exclusive content or functionality for registered members.
Conditions Relating to the Services
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Liability: A provision describing the company's liability for errors, damages or losses resulting from the services performed. For example, if a 3D visualization does not match the actual interior design, or if delays occur.
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Payment: Description of payment terms, such as when payments are due (for example, at commencement, at interim milestones, or at completion), payment methods, and what happens in the event of non-payment.
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Delivery and Completion: Details on how and when the final product (e.g., the 3D visualization or interior design) will be delivered to the client, including any completion dates, revisions, and approval processes.
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Revisions: The number of revisions the company offers by default for a design or visualization and what happens if the client wants more revisions than agreed upon.
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Confidentiality: A clause requiring the firm to keep confidential information shared by the client, such as interior designs or business strategies, secret.
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Intellectual Property Rights: A clause indicating who owns the rights to the designs and 3D visualizations (usually the firm, unless otherwise agreed), and under what conditions the client may use the work.
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Cancellation of Assignment: The conditions under which the client or the company may cancel the assignment, including any costs for expenses or preparations already incurred.
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Force Majeure: A provision defining the circumstances in which the company cannot be held liable for the inability to provide services due to unforeseen circumstances such as natural disasters, strikes, or technical failures.
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Disputes and Applicable Law: The procedures and jurisdiction applicable for resolving any disputes between the company and the client.
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Revision of Terms and Conditions: A provision indicating that the company has the right to periodically revise the Terms and Conditions and will notify the client of any changes.
Specifications of Services
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Technical Requirements for 3D Visualization: Description of the technical requirements for obtaining the best possible result in the 3D visualization (e.g., delivery of floor plans, specific colors, materials, etc.).
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Delivery in Phases: If the project is delivered in phases, you can describe the different phases of service, such as sketches, preliminary designs, and final visualization.
Limitations of Service.
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Scope of Services: What is and is not included in the contract, for example, that only the visual representation is provided and not physical materials or construction supervision.
Scope of application
These general terms and conditions apply to all offers, orders and agreements relating to the provision of services by the company to the client, including, but not limited to, the following services:
3D visualizations of interiors and architecture
Interior architecture.
Project management and guidance.
Additional Services.
Changes and extensions to the services.
These general terms and conditions also apply to all offers relating to the supply of goods by the company to the client, including, but not limited to, the following services:
Promotional material.
Presentation material.
- Corporate gifts.
These terms and conditions apply to orders placed through direct agreements as well as to all written or electronic communications between the client and the company relating to the aforementioned services.
Intellectual property
Ownership of the Work
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All intellectual property rights relating to the 3D visualizations, interior designs, sketches, drawings, concepts, and other creative works produced by the Company shall remain the property of the Company at all times unless otherwise agreed in writing.
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The client acknowledges that the company retains exclusive rights to the designs and visualizations, including but not limited to copyrights, trademark and design rights, and other applicable rights relating to the work.
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Source files such as 3D models remain the property of the company unless otherwise agreed in writing.
License to Use
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Upon full payment of the agreed price, the company grants the client a non-exclusive, non-transferable license to use the 3D visualizations, interior designs and other finished works for the purpose for which they were delivered. This may include use for presentation, marketing or the actual execution of the interior design.
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The license is limited to the agreed use and may not be modified or passed on to third parties without the company's prior written consent.
Restrictions on Use
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The client may not (re)sell, reproduce, edit, adapt, publish, or in any other way commercially exploit the completed works without the express written consent of the company.
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The client is not allowed to use the 3D visualizations, interior designs or other creations in any other project or context without the company's written permission, unless explicitly permitted in the agreement.
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The information, logos, drawings, brands, models, slogans, the corporate identity, etc. accessible through the service provider's website or catalog are protected by intellectual property rights.
Copyright
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The company retains all copyrights to the designs and visualizations. This means that the company has the right to use the works for its own promotional purposes, such as on the company's website, social media, or portfolio, unless otherwise agreed in writing.
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The client is obliged to name the company as the creator of the designs or visualizations when publishing or using the work in external publications, exhibitions, or other media.
Use of Source Materials
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The client is responsible for providing correct and legally permitted source materials (such as photos, logos, floor plans, and other documentation) for the project. The company is not liable for violating third-party rights as a result of incorrectly supplied materials by the client.
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If the company uses stock images or license-sensitive materials (such as certain software or graphics) for the client, the company will provide the necessary licenses and rights for the use of these materials in the project.
Transfer of Property and Rights.
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Unless otherwise agreed, the intellectual property rights are not transferred to the client, but the company remains the owner of the work.
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If the client wishes to transfer full ownership of the design or visualization, this must be expressly agreed in writing, and an additional fee for the transfer of rights will be determined.
Loss of Rights due to Non-payment.
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If the client fails to fulfill the payment obligations as described in the agreement, the company reserves the right to revoke the license to use the completed works. This may result in the irrevocable loss of the right to use the designs or visualizations.
Liability for Infringement of Intellectual Property
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The client indemnifies the company from liability in the event of infringement of third-party intellectual property rights arising from the use of materials provided by the client, or unauthorized use of the completed works.
Agreement and formation
Tenders and Offers
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The company sends the client a quote regarding its services, and requests an agreement on it.
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The exact payment terms vary with each project and will always be clearly stated on the quote.
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The quotation will contain a statement reminding the client of the application of the present general conditions, as well as of the existence of the consumer's right of withdrawal.
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All quotations and offers of the company are without obligation, unless otherwise indicated in writing. They are valid for a period of 30 days, unless otherwise stated.
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Quotations are based on the information provided by the client. If there are changes or additions to the client's request, the company may revise the offer.
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The quote in a quotation is based on the expected amount of work, time and materials required. Changes in the project may result in a revision of the price and/or schedule.
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The service provider always retains the right to determine whether requested services are within the deliverable capabilities of its organization. The service provider reserves the right to offer these services or not. The customer will always be informed after placing his request.
Content of the offer
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The quotation will always include a detailed overview of the services to be provided, such as the 3D visualizations, interior designs, consulting services and the associated costs.
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Any additional costs such as software license fees, travel and material costs, will be listed separately.
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The company reserves the right to make price adjustments after the signing of the agreement if the scope of the assignment changes or additional work is required.
Establishment of the Agreement
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It is up to the client to check the accuracy of the order and report any errors to the service provider immediately.
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An agreement is established when the client accepts the quotation in writing or electronically, or when the client places an order for services such as creating 3D visualizations or performing interior design services. This can be done through a signed order confirmation, an e-mail, or other written confirmation.
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An agreement is also established after payment into the account of the company's registered office of the advance amount stated on the quote applicable to it.
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If the client accepts the quotation, these general terms and conditions become part of the agreement. The client is deemed to have read, understood and agreed to these terms and conditions.
Ordering and Delivery
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The client places an order by confirming the order, for example, through a signed agreement or providing detailed data for the services to be provided, such as floor plans, style preferences, or specific requirements for 3D visualization or interior design.
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The company will send a confirmation upon receipt of the order, specifying an estimate of actual delivery date, price, and other terms. It is the client's responsibility to ensure that all data supplied is correct and complete, to avoid delays or errors in the work.
Changes in Order
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If the client wishes to make changes to the order after the order has been placed, such as adding additional visualizations, adjustments to the design, or new materials, the company will make a change proposal. The change will be effective only after written confirmation is received from both parties.
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Changes resulting in additional costs or delays will be discussed in advance and documented in writing.
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Modifications on orders that include personalized physical goods are not possible from the moment their production has started.
Responsibility of the Customer
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The client is responsible for timely delivery of all necessary information and materials required by the company to fulfill the order, such as construction plans, dimensions, photographs, or style instructions. Failure to provide this information in a timely manner may result in delays in the execution of the order.
Price and payment
Price quote
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All prices in quotes and orders are exclusive of VAT, unless otherwise stated. Prices depend on the scope and complexity of the services and may vary depending on the client's specific needs. Prices are shown in euros.
VAT provision
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The price of the products and/or services is shown in euros, excluding taxes.
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The company falls under the special VAT exemption for small businesses and will therefore not charge VAT to consumers or customers.
Payment
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Payment must be made in accordance with the payment terms included in the agreement or quotation. Terms and conditions relating to the project are always stated in the quotation and must be approved by the client.
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If payment is not made on time, the company reserves the right to postpone or suspend delivery of services until full payment is received. This may cause delivery delays, for which the client is responsible.
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Invoices are payable, in the currency of the invoice, at the company's registered office no later than the due date of the invoice.
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Any dispute regarding an invoice must be submitted by ordinary and registered letter.
must be sent to the company's registered office within eight days of receipt of the invoice. Failing this, the client can no longer dispute the invoice. Failure to pay an invoice by the due date results in the full outstanding amount becoming immediately due and payable. -
Any invoice that remains unpaid on the due date will automatically and without prior notice of default incur a late payment interest of 8% per year in respect of the customer.
to raise. The Act of 2 August 2002 applies to consumers. -
Any invoice that remains unpaid on the due date will also be increased, by operation of law and without prior notice of default, by a fixed compensation amounting to 15% of the unpaid amount, by way of compensation and interest.
Delivery and handover
Delivery time
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The delivery period for the agreed services will be determined based on the size and complexity of the project as well as the time available to the company during that period.
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Delivery deadlines are not agreed upon in writing unless requested by the client.
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The execution deadlines indicated by the service provider are provided for indicative purposes only and do not bind the service provider.
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The company will endeavor to deliver the delivered services within one acceptable or if applicable agreed upon in writing. If the delivery period is not met due to causes beyond the company's control, such as delays in the delivery of necessary data by the client or unforeseen circumstances, the delivery period will be extended accordingly.
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Unless otherwise expressly accepted in writing by the client, the delivery and/or performance deadlines mentioned in the general terms and conditions are not expiry dates. The company cannot be held liable unless it is a significant delay attributable to the company's gross negligence.
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The client cannot invoke the delivery and execution deadlines for breach of contract, cannot claim damages or interest, and cannot assert any other claim, unless otherwise expressly accepted in writing by the service provider.
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Delivery terms of physical products shall be agreed in writing between the company and the client after ordering.
Completion
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The delivery of the services, including 3D visualizations and interior designs, will take place on the date agreed upon in the agreement, or as soon as the work is considered completed by the company.
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The client will approve the completed work within 7 calendar days of receipt, unless otherwise agreed. If the work has been performed satisfactorily, it shall be considered completed.
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If the client does not provide approval or comments within this period, the work will be considered approved and the payment period will begin.
Final Completion
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Final completion of services is considered completion of the job after the client's approval of the design or visualization. The client shall confirm in writing that the work has been satisfactorily completed and that no further adjustments are required.
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If the client does not provide approval, the company will make the necessary adjustments or improvements within a reasonable time, subject to the agreed terms and conditions.
Delivery of Files and Rights.
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Upon delivery of the 3D visualizations or interior designs, the client will receive the agreed files in the agreed format (e.g. .jpg, .png, .dwg, .pdf, .max, .fbx, etc.).
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The rights to the completed files are transferred in accordance with the intellectual property provisions of these terms and conditions. This means that the client is granted a non-exclusive license to use the completed designs, as described in the intellectual property section.
Delays and Force Majeure
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If the delivery deadline cannot be met due to force majeure, such as natural disasters, technical failures, employee illness, or supplier delays, the company will inform the client as soon as possible and propose a new delivery deadline.
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In case of force majeure, the client cannot cancel the contract free of charge. The company will look for a solution in consultation with the client.
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In case of delays in delivery of more than thirty working days, the client will have to send a notice of default by registered mail to the service provider, which will then allow the latter 50% of the prescribed period to perform the service(s) ordered.
Loss of Data
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The company will exercise reasonable care in storing and managing the client's data and work. However, the company will not be liable for loss or damage to files or data that are beyond the company's control (for example, due to failures in the client's software or hardware).
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The client is responsible for making its own backups of files and drafts received.
Delivery of Interim Results
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The company may, if agreed, provide interim results or concepts during the process, for example, preliminary designs or renders of 3D visualizations. These interim results are for the client's approval and may serve as a basis for further adjustments or final approval.
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Interim deliveries are subject to further adjustments and therefore cannot be considered final delivery.
Good Cooperation for Timely Completion
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The client undertakes to provide the company with all necessary information and materials (such as floor plans, drawings, instructions, etc.) in a timely manner so that the delivery and completion of the services can take place according to the agreed deadline. If the client fails to fulfill this obligation, the delivery may be delayed and additional charges may be charged for the delay.
Revisions and changes
Number of Inclusive Revisions
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The company offers the client the opportunity to request two revisions of the completed designs or visualizations free of charge. These revisions involve adjustments resulting from the original job, such as minor changes in color, choice of materials, furniture, layout, or visual elements.
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Revisions must be requested within 7 calendar days of the initial completion of the work. Revisions requested after this period may incur additional charges.
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The company is not responsible for delays due to late feedback following a requested revision by the client.
Determination of Revisions
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A revision is defined as a reasonable change to the design or visualization that relates to the original brief and does not materially alter the nature or purpose of the project.
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Revisions may include adjusting colors, changing furniture or accessories, or refining details within the design, but are not intended to revise the entire design or visual style.
Additional Revisions and Costs
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After the second revision, or when a revision is requested that significantly changes the original assignment, additional fees will be charged. These charges will be calculated based on the number of hours, or number of square meters to be visualized, required to perform the revisions, and the rate agreed upon in the agreement.
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The company will inform the client in advance of the expected cost of additional revisions before they are performed.
Changes to the Original Assignment
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If the client wishes to make changes that substantially alter the original order (for example, changing the style or design concept, adding new visualizations, adjusting the room layout, or changing the materials used), these changes may be considered a new order.
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In this case, a new proposal and an adjusted quotation will be made, and the delivery date may be adjusted based on the changes. For this, the client will receive a written confirmation of the new terms, including price, delivery time and the services to be provided.
Interim Changes
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Any mid-term changes that occur during the execution of the project and do not correspond to the original order will always be recorded in writing and discussed between the company and the client. Changes that occur after approval of the first phase of the design may result in delays and/or additional costs.
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The company is not obligated to make changes beyond the original scope of the project unless otherwise agreed upon.
Approval and Approval of Revisions
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The client must approve the revisions within 7 calendar days of receiving the modified work. If no approval or comments are provided within this period, the work is deemed approved.
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If the client does not approve, a new deadline for approval will be set. In some cases, the company may decide to charge an additional revision fee for the additional time required to make changes after repeated rounds of approval.
Impact of Changes on the Completion Date.
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Changes or revisions requested after the start of the project may affect the original completion date. The company will inform the client of anticipated delays and propose a new completion date if necessary.
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In some cases, rescheduling may be necessary depending on the scope and complexity of the requested changes.
Limitations of Revisions
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The company is under no obligation to make revisions or changes that compromise the integrity of the design or the quality of the work. All revisions must be within the technical and creative capabilities of the design, as well as the agreements made at the time the contract was made.
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The company reserves the right to refuse revisions that, in its judgment, are unreasonable or unrealistic.
Liability
Limitations of Liability
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The company shall not be liable for any damages, losses or costs arising from errors, delays, or use of the delivered designs, 3D visualizations or interior concepts, unless such damages are the result of intent or gross negligence of the company.
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The company's liability in all cases is limited to 75% excluding VAT of the amount paid by the client for the order in question, up to a maximum of the total invoice amount of the order.
Errors and Omissions
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The company will use reasonable care in providing services, but is not responsible for errors, omissions, or incomplete information in the client's submitted work, such as but not limited to inaccurate or incomplete data, floor plans, or materials.
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It is the responsibility of the client to ensure that all information provided is accurate, complete, and timely, and the company is not liable for the consequences of incorrect or incomplete information provided by the client.
Liability for Third Parties
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The company shall not be liable for any damage resulting from the use of the completed designs or visualizations by third parties, such as contractors, suppliers or other external parties, unless it results from an error or negligence on the part of the company.
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If the client engages third parties to execute or use the designs or visualizations, the client is responsible for ensuring the quality and suitability of the execution.
Liability for Loss of Data
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Company shall not be liable for loss of data lost due to technical failure or unforeseen circumstances, such as loss of delivered digital files. However, the company will make reasonable efforts to store the data securely and provide recovery files if necessary and if possible.
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The client is responsible for backing up files and designs received.
Liability for Delays
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The Company shall not be liable for delays in the completion of the work resulting from circumstances beyond the Company's control, such as client delays, force majeure, or outside suppliers.
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The company will inform the client as soon as possible in case of delays, but is not obliged to pay compensation for delays unless otherwise agreed in writing.
Liability for Incorrect Representation of Design.
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The company is not liable for the visual or aesthetic representation of the design or 3D visualization when it differs from the actual execution or final result of the project, unless the client has explicitly stated that the visualization should be performed according to a strictly defined design.
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3D visualizations are representations of a design, and minor differences may occur in the actual execution of the design depending on variables such as materials, lighting, or technical constraints.
Responsibility of the Principal
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The client remains at all times responsible for compliance with laws and regulations applicable to the execution of the design, such as building and safety regulations. The company is not responsible for compliance with these regulations unless otherwise agreed in writing.
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The client shall ensure that the execution of the design complies with all relevant permits and approvals required for the execution of the work.
Exclusion of Indirect Damages.
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The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of customers, loss of data, or damage to reputation, arising out of or in connection with the performance of the engagement, whether or not the Company was aware of the possibility of such damages.
Loss or Damage of Property.
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The company is not liable for loss or damage to property of the client or third parties while performing the project, unless such damage is the direct result of the company's intentional or gross negligence.
Warranty and complaints
Quality assurance
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The company guarantees that the 3D visualizations and interior designs delivered will meet the specifications as described in the agreement and by example as simply shown on the website and will be executed with the care and craftsmanship expected of a professional company.
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The warranty applies to the original delivered designs and visualizations and does not include any warranties regarding the execution or actual implementation of the design by third parties, such as contractors, suppliers or other parties.
Complaints about Work Delivered
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The client must notify the company in writing of complaints about the services provided within 7 calendar days of delivery or after the fact giving rise to the complaint has occurred. This can be done by e-mail or any other agreed means of communication. Complaints received after this period will not be considered.
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Complaints must be specific and relate to shortcomings in the delivered 3D visualizations or interior designs that deviate from the agreed assignment.
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If the complaint is justified, the company will make the necessary corrections at no additional cost to the client, provided the complaint is related to a shortcoming of the company in the execution of the order.
Treatment of Complaints
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Upon receipt of the complaint, the company will respond within 14 calendar days with a proposal for resolving the complaint, such as modifying the visualizations, providing a revised design or implementing other corrective measures.
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The company is entitled to first investigate the complaint and determine whether the complaint is the result of an error by the company or the result of a misunderstanding between the client and the company. In case of a justified complaint, the company will make the necessary corrections.
Revisions to Delivered Work.
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If a complaint concerns the design or visualization, the company will conduct a review as soon as possible. The revision will be made within a reasonable time, depending on the nature of the complaint. The client will be given an opportunity to approve the revised work.
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The number of revisions or revisions covered by the warranty is limited to two revisions per completed visualization or design. Further revisions may be made at additional cost as described in the Revisions and Changes section.
Exclusions from the Warranty
The warranty does not apply to:
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Changes to the design or visualization made by the client after completion.
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Errors or damage caused by the use of incorrect, incomplete, or unspecified data supplied by the client.
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Changes in the design influenced by external factors, such as work performed by third parties, changes in regulations, or changes in the execution of the design by other parties (such as contractors).
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Complaints related to aesthetic preferences of the client or visual differences between the 3D visualization and the final execution of the project.
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No Warranty on Third Parties
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The company does not guarantee the execution of the design by third parties, such as contractors, suppliers or other parties involved in the execution of the design. Any complaints regarding the execution of the work by third parties should be addressed directly to them.
Solution for Irresolvable Complaints
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In cases where the company cannot resolve a complaint to the client's satisfaction, the client may have the right to terminate the project. However, this will be by mutual agreement only, and the client remains obligated to pay for the services and work hours already rendered.
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If a complaint is not resolved and the client terminates the project, the company will only be responsible for the services already rendered, and not for further damages or costs resulting from the termination.
Limitations of Liability
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The Company's liability with respect to complaints shall in all cases be limited to the obligation to redo the work, as described in this section, and is excluded for any damages or other obligations.
Application of the Guarantee
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The warranty applies only to the services provided by the company and cannot be transferred to other parties unless explicitly agreed in writing.
Force majeur
Announcement of Force Majeure
In the event of force majeure, the company will inform the client of the situation as soon as possible and indicate which services or parts of the agreement cannot be performed temporarily, as well as an indication of the expected delay or change in the delivery period.
The company will work with the client to find a suitable solution and, if possible, adjust the progress of the assignment to limit further disruption.
Consequences of Force Majeure
In the event of force majeure, the company's obligation to provide the agreed services is suspended for as long as the force majeure situation persists. The company will make every effort to resolve the situation as quickly as possible, but is not liable for delays or damages resulting from the force majeure.
If the force majeure situation lasts longer than 30 calendar days, both parties have the right to terminate the agreement without compensation. However, the client is obligated to pay for services already provided up to the time of the force majeure. The client will be informed of these amounts by the company.
Limitations of Liability in Case of Force Majeure
The company is not liable for any damages or costs resulting from force majeure. This includes, but is not limited to, losses incurred by the client due to delays in work execution or failure to deliver services within the agreed timeframe.
The client is not entitled to compensation from the company for any damage resulting directly or indirectly from the force majeure situation.
Resumption of Services
Once the force majeure situation has been lifted or resolved, the company will resume performing the services according to a revised schedule, completing the remaining work as soon as possible. This will not include any termination of services already provided.
Termination of the agreement
Termination by the Client
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In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders remote services from the company has a period of 14 calendar days from the day of conclusion of the contract, i.e., the day on which the consumer gave his written or electronic agreement or made the payment of the applicable advance to the account of the company's registered office. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
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The consumer may express his will to withdraw from the purchase by means of a withdrawal form available online on the website of the Federal Public Service Economy, SMEs, Self-Employed and Energy: economie.fgov.be, or by means of a declaration stating his will to withdraw from the contract in an incontestable manner.
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The client may terminate the contract in writing at any time, provided that this is communicated in writing to the company.
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If the client terminates the agreement before the services have been fully provided, the client is obliged to reimburse the services already provided and costs incurred. The compensation shall be calculated based on the work already performed up to the time of termination.
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In case of termination by the client, the client will not be entitled to a refund of any amounts already paid, unless otherwise agreed in the agreement. The company will not be liable for any damages resulting from the termination of the agreement by the client.
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In the event of cancellation of the order by the client, for whatever reason and barring force majeure, after it has been accepted by The Company, a sum equal to 30% of the price of the order will be acquired by The Company by way of compensation and interest and invoiced to the client. This price includes any advances already paid. This price is not a maximum amount, if the advance amount is higher, the highest amount to be paid or paid will count as compensation.
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The consumer who expressly accepts that the service ordered is already performed before the expiry of the 14-day period and who recognizes that this performance results in the loss of this right of withdrawal, will no longer be able to exercise this right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law.
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The consumer will also not be able to exercise his right of withdrawal if he finds himself in one of the other exceptions envisaged by Article VI.53 of the Economic Code.
Termination by the Company
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The company reserves the right to suspend, cancel or refuse the client's order, in particular if the data communicated by the client proves to be manifestly wrong or incomplete or if a dispute exists regarding the payment of a previous order.
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The company may immediately terminate the contract without any obligation to pay damages if the client:
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Defaults in meeting payment obligations within the agreed period.
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Acts contrary to the provisions of these general conditions or the contents of the agreement.
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Fails to provide the necessary information, materials or approvals essential for the progress of the work.
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Is declared insolvent, applies for suspension of payments or goes into liquidation.
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Upon termination by the Company, the Company retains the right to payment for all services already rendered and costs incurred, including (but not limited to) labor, materials, and costs resulting from work already performed.
Termination by Force Majeure
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If a force majeure situation lasts longer than 30 calendar days, both parties have the right to terminate the contract without compensation.
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In this case, the client is obliged to reimburse the services provided up to the time of the force majeure. The company will notify the client of the termination and the status of the project up to that point.
Termination on the Basis of Mutual Agreement.
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The contract can be terminated at any time by mutual agreement of the client and the company. This must be done in writing, and both parties must sign the termination to make it legally valid.
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If the agreement is terminated by mutual agreement, the company will inform the client of the expenses already incurred and the fee for services already rendered up to the time of termination.
Consequences of Termination
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Upon termination of the agreement, regardless of the reason, all outstanding payments become due immediately. The client is obliged to pay all outstanding amounts due for services already rendered or products delivered up to the time of termination.
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Upon termination of the agreement, the client's right to use the design, visualizations or other documents provided by the company may be terminated, depending on the agreements made. The right to use these materials may be reviewed or revoked as described in the Intellectual Property section.
Refunds and Compensation
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In the event of termination of the agreement by the client, the company will not refund any amounts already paid, unless otherwise agreed in the agreement.
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If the termination is initiated by the company, the company reserves the right to charge for services already provided and costs already incurred, even if the client decides to terminate the agreement.
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If the client is entitled to this, the company will refund the amount paid by the client, or this amount minus any costs, to the latter as soon as possible, and no later than within 14 days.
Termination and Confidentiality
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After termination of the agreement, the obligations regarding confidentiality and the protection of personal data remain in force, as described in the Privacy and Data Processing section.
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The company remains obliged to maintain the confidentiality of all confidential information of the client, even after termination of the agreement.
Using visualizations in marketing
Ownership of the Visualizations
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All 3D visualizations, designs, drawings, floor plans, and other related materials created by the company remain the property of the company, unless otherwise agreed in writing in the agreement. The company reserves the right to use the visualizations for marketing purposes, unless the client objects to this.
Permission for Use by the Company
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The company has the right to use the delivered 3D visualizations for its own promotional, commercial, and marketing purposes.
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The company may use the visualizations in publications, both online and offline, to showcase its work and promote its services, unless expressly agreed otherwise with the client.
Restrictions on Use by the Client
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The client is entitled to use the delivered 3D visualizations for the purposes agreed upon in the assignment, such as use in their own project presentations, internal documents, or for sales purposes of the final project.
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The use of the visualizations by the client for commercial purposes, such as in advertisements, publications, or as marketing material for third parties, is expressly prohibited unless written permission has been obtained from the company.
Credits
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The company reserves the right to use the visualizations, mentioning the name of the company as the creator of the visualization, unless otherwise agreed.
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The client may request that the company name not be mentioned when publishing the visualizations. The company will comply with this request, if reasonably possible, but reserves the right to use the visualizations without attribution for portfolio and marketing purposes.
Rights of the Client
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The client is granted the right to use the visualizations for the intended project, as specified in the agreement. This use is non-exclusive, which means that the company may use the same visualizations for other projects or reuse them for promotional purposes.
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The client does not have the right to sell the visualizations, pass them on to third parties, or use them for purposes other than those specifically agreed upon in the assignment without the prior written consent of the company.
Transfer of Rights
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In the event of a specific transfer of intellectual property rights to the visualizations to the client, this must be expressly recorded in writing. The client only acquires full ownership and rights to the visualizations after the full amount for the services provided has been paid.
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Until payment has been made in full, the company remains the owner of the visualizations and the intellectual property rights, with the exception of the right of use granted to the client in accordance with these terms and conditions.
Loss or Loss of Data
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The company is not responsible for loss or damage to the visualizations resulting from incorrect storage or use by the client, or caused by third parties (such as printers or other suppliers).
Request for Use of Visualizations by Third Parties
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If the client wishes to grant a third party (e.g. a real estate agent, developer or advertising agency) permission to use the visualisations, the client must approve this in writing. The company reserves the right to refuse third parties permission to use the visualisations without written consent.
Internet and new technologies
Limitations and risks
The customer acknowledges the limitations and risks associated with the use of the Internet or
any other means by which the website will be made available now or in the future
The customer also acknowledges the risks associated with the digital or electronic storage and transfer of data.
In view of the aforementioned risks, the customer accepts that the service provider cannot be held liable
be held liable for any damage caused by the use of the website (as well as by
any applications) of the service provider or through the Internet.
The customer accepts, among other things, that the electronic communications exchanged and the
service provider's backups can serve as evidence.
Member portal
Access to the member portal is free, but registration is required. The company will always determine who is granted access to the portal.
The member is responsible for keeping login details secret.
It is not permitted to copy, distribute or make public content from the member portal without permission.
The company reserves the right to delete accounts for abuse or inappropriate behavior.
The company is not liable for any damages resulting from the use of the member portal or its temporary unavailability.
Applicable law and disputes
Applicable Law
All agreements between the company and the client are governed exclusively by Belgian law. This applies to the formation, execution, and termination of the agreement, as well as to all other legal relationships arising from this agreement.
Dispute resolution
In the event of disputes arising from or related to the agreement, the parties will first attempt to reach a mutually agreed-upon resolution. This may be done through mediation, led by an independent mediator, if both parties agree.
In the event of a dispute concerning the validity, interpretation, performance, or provision of the services, the parties agree to initiate a mediation procedure before resorting to any other means of dispute resolution. Where appropriate, the parties will appoint, by mutual agreement, a certified mediator from the Federal Mediation Commission (Simon Bolivarlaan 30 (WTC III), 1000 Brussels -
https://www.fbc-cfm.be/nl) or have a third party appoint this certified mediator. Once a mediator has been appointed, the parties will determine the terms of the mediation together with the mediator. Either party may terminate the mediation procedure at any time, without prejudice to any other rights. If the mediation procedure fails, the courts of the following judicial district will have jurisdiction: East Flanders.
Competent Court
If a dispute cannot be resolved through mediation, the dispute will be submitted to the competent court in Belgium, with the exception of the possible application of mandatory legal rules.
The competent courts for the settlement of disputes are those of the defendant's place of residence or the place of performance of the contract, unless the law provides otherwise.
Possibility of Arbitration
If both parties cannot reach a solution through mediation, they may mutually decide to submit the dispute to an arbitration panel, in accordance with the rules of Belgian Arbitration Law.
Arbitration shall take place in Belgium, and the award of the arbitrator(s) shall be binding on both parties.
Language of the Procedure
All dispute proceedings will be conducted in Dutch, unless both parties agree otherwise in writing.
Changes to general terms and conditions
Right to Change
The company reserves the right to change, modify, or revise these terms and conditions at any time, without prior consent from the client, provided that these changes are displayed on the company website. The change will take effect when the amended terms and conditions are made available, unless otherwise indicated. These changes will apply to orders for services placed afterward.
Notification of Changes
Changes to the terms and conditions will be communicated to the client in writing or by email if they apply to ongoing projects. The client is expected to be aware of the amended terms and conditions as soon as they are sent.
The client has the right to terminate the agreement to which the amended terms and conditions apply within 14 days of receiving notice of the amended terms and conditions if the amended terms and conditions are deemed unacceptable. In that case, the client is not obligated to continue the agreement, but is obligated to pay for services already provided up to the time of termination.
Applicability of Changes
The amended terms and conditions apply to all new assignments. The terms and conditions applicable at the time of agreement apply to ongoing assignments, unless expressly agreed otherwise. If the amendment occurs during the execution of an ongoing agreement, the amended terms and conditions will only take effect after the end of the ongoing project, unless otherwise agreed.
Enforceability of Changes
If a change to the general terms and conditions is accepted by the client, this change will take effect immediately and the client will be bound by the new terms and conditions for all future work and obligations.
Exceptions
Changes affecting the existing price or payment structure will only apply to future orders, unless otherwise agreed in writing between the parties.