Terms & Conditions

Article 1: GENERAL PROVISIONS AND APPLICABILITY

In these terms and conditions, "Contractor" means: A12 Services Group BV (trading under the brand name: indrukwerkend.eu).

In these terms and conditions, "Client" means: the natural person or legal entity that has instructed the Contractor to carry out work or supply goods. The Client may never invoke, in respect of the order, the fact that they were acting on behalf of a third party, unless they have expressly notified the Contractor of this and the Contractor has accepted the order in writing subject to that condition.

In these terms and conditions, "order" means: any request to carry out work or to supply goods or data, made in whatever form, including a quote request compiled via the shopping cart on this website from one or more products (see Article 2).

In these terms and conditions, "work" means: the designing, laying out, printing and/or delivering of graphic design (such as logos, brand identities and print design) and small and large format printing (such as business cards, flyers, brochures, stickers, site signs, banners and roll-up banners), as well as all related work, in the broadest sense of the word.

The following terms apply to all quotes issued by, all orders placed with, and all agreements concluded with the Contractor.

The Client can only invoke terms that deviate from these conditions and/or the Client's own terms or conditions if those terms or conditions have been expressly accepted by the Contractor in writing.

A Client with whom an agreement was previously concluded under these terms is deemed to have agreed to the applicability of these terms to agreements concluded with the Contractor at a later date.

Article 2: QUOTES AND SHOPPING CART

All quotes, cost estimates, offers and similar communications from the Contractor are entirely non-binding and can only be accepted without deviation, unless expressly agreed otherwise in writing beforehand. An offer is in any case deemed to have been rejected if it has not been accepted within one month.

This website allows several products (e.g. a logo design, business cards and a site sign) to be combined via a shopping cart into a single quote request, possibly spread across different page visits. The shopping cart itself is merely a practical tool for compiling a request and at no point constitutes a binding order, payment obligation or agreement — that only arises in accordance with Article 3.

Quotes from the Contractor are based on information provided by the Client, including desired quantities, sizes, materials and design preferences. The Client warrants that, to the best of their knowledge and ability, they have provided all relevant information.

The documents forming part of the quote (such as designs, digital previews, technical descriptions and the like) are as accurate as possible, but non-binding. They are and remain the (intellectual) property of the Contractor.

Article 3: FORMATION OF AGREEMENTS AND CHANGES TO ORDERS GIVEN

The agreement is only formed, and the obligations of the parties arising from it only come into existence, at the moment the Contractor has confirmed, orally or in writing, that it accepts the order given.

The Client bears the risk of the Contractor not receiving their communications, or receiving them incorrectly, late, or incompletely.

Insofar as any lack of clarity arises regarding the content of the order given and its acceptance, the work carried out by the Contractor shall be deemed to have been carried out in accordance with the content of the order.

The Contractor reserves the right to carry out more work than stated in the order or in its acceptance, and to charge the Client for this, if such work is in the interest of the Client and/or of the proper performance of the order. The Client will be informed of the performance of this additional work within a reasonable time.

The Contractor will, within reasonable limits, accept and cooperate with changes to the order, if and insofar as the content of the performance to be delivered does not materially deviate from the originally agreed performance. The (cost of the) additional work is presumed to have been accepted as soon as it is carried out.

Article 4: TERMINATION AND CANCELLATION

The parties acknowledge that the agreement is dissolved by operation of law and in whole or in part, without prior notice of default and/or judicial intervention, if the Client is declared bankrupt, or has applied for a suspension of payments, leaves due debts unpaid, enters into liquidation, or relocates their permanent residence or place of business to a location outside Belgium, before having provided security to the Contractor's satisfaction for what is already owed and will still become owed in respect of the performance of the order, or if, through seizure, being placed under guardianship or otherwise, they lose the power to dispose of their assets or part thereof, unless security deemed sufficient by the Contractor is provided for what is owed and will still become owed in respect of the performance of the order.

Payment obligations that arose before the time of dissolution remain fully in force and become immediately due and payable, without prior notice of default or judicial intervention.

The Client has the right to cancel an agreement before the Contractor has begun performing it, provided the Client compensates the Contractor for the direct and indirect damage this causes. This damage includes, among other things but not limited to, the profit lost by the Contractor, whereby the costs already incurred by the Contractor in preparation are also taken into account, including those for reserved production capacity, materials already ordered (e.g. paper, cardboard or other material cut to size), print work already started or a print run already in production, services engaged, and storage costs.

Article 5: RIGHT OF WITHDRAWAL

For distance agreements (concluded via this website, by phone or by e-mail) entered into with a consumer, the Belgian Code of Economic Law in principle provides for a 14-day right of withdrawal.

However, any product designed and/or printed by the Contractor (such as a logo, brand identity, business card, flyer, brochure, sticker, site sign or banner) is only produced after the Client has approved the design and/or proof, and from that moment is custom-made: featuring the text, logo, colours and/or dimensions chosen specifically for that Client. Such personalised goods therefore fall under the statutory exception to the right of withdrawal for goods made to the consumer's specifications or clearly personalised for a specific person (Article VI.53, 3° of the Belgian Code of Economic Law). By placing an order, the Client expressly accepts that no right of withdrawal applies.

Insofar as the Contractor, at the Client's express request, already begins performing the order before any withdrawal period has expired (e.g. for a rush order), the Client further acknowledges that they lose their right of withdrawal once the service has been fully performed (Article VI.53, 8° of the Belgian Code of Economic Law).

This article does not affect the statutory warranty as described in Article 17 (Warranty): the absence of a right of withdrawal does not mean the Client has no recourse in the event of a defect in the design or print work delivered.

Article 6: SUPPLIED FILES AND DATA; RISK

The Client shall ensure that data and files (such as logos, brand guidelines, texts, images or print-ready files) that the Contractor needs to adequately perform the order given, in the Contractor's judgement, are made available to the Contractor in good time and in the desired form.

Supplied files must comply with the file-submission specifications communicated by the Contractor (such as resolution, colour mode, file format and trim/bleed margins). If a supplied file does not comply with these, the Contractor has the right to have it adjusted at the Client's expense, or to suspend performance of the order until a suitable file has been received.

The Client must retain a copy, and where possible an original, of designs, logos, photos or other data carriers made available to the Contractor.

The Contractor has the right to suspend performance of the order until the Client has fulfilled the obligations mentioned in this article.

The risk of damage to or loss of files and/or data stored at the Contractor's premises or with third parties is expressly borne by the Client, except where the Client demonstrates intent or gross negligence on the part of the Contractor.

Article 7: LIABILITY

To the extent permitted by law, the Contractor's liability for all direct and indirect damage suffered by the Client, in any way connected with, or caused by, a failure to perform the order, or a failure to perform it on time or in full accordance with the agreement, is excluded, unless it can be shown that this failure would not have occurred under the relevant circumstances with normal professional skill, normal diligence and normal business operations. In that case, liability is limited to the amount paid out for the damage by the Contractor's (liability) insurance.

The Contractor at all times has the right, if and insofar as possible, to undo or limit the Client's damage, without the Client's prior consent.

The Client's claim against the Contractor to hold the latter liable for the damage referred to in paragraph 1 shall become time-barred one year after the damage arose.

The Contractor's liability for damage to materials supplied by the Client themselves is excluded, except if and insofar as the Contractor is insured for this, in which case liability is limited to the amount paid out for the damage by the Contractor's (liability) insurance.

The risk of damage to or loss of print work during transport or shipping is always borne by the Client, regardless of whether the transport or shipping is carried out by or on behalf of the Client, the Contractor, or third parties, except in the case of intent or gross negligence on the part of the Contractor.

The Client indemnifies the Contractor against all claims from third parties that are directly or indirectly connected with the work or deliveries arising from the order.

Article 8: MANNER OF PERFORMING THE ORDER

The Contractor will carry out the work to be performed under the order given with due care, in accordance with the requirements of good workmanship.

The Contractor determines the manner in which the order given is carried out, in the broadest sense of the word. If the Contractor itself lays out, edits or makes print-ready any images supplied by the Client, this is done with normal professional skill; the Client nevertheless remains responsible at all times for the final approval of the design before production (see Article 10).

The Contractor has no general duty to investigate the origin, quality or resolution of images supplied by the Client themselves, unless a prior written agreement (including by e-mail) states otherwise.

If, at the Client's request, the Contractor performs the order using or processing materials, designs or semi-finished products supplied by the Client, this is done entirely at the Client's risk. In particular, but not exclusively, this concerns the durability, adhesion, wear resistance, and light- and colour-fastness of items produced or processed by the Contractor in this manner.

The Contractor has a duty, upon request, to inform the Client in advance about the manner in which performance will be given shape, unless this conflicts with the nature of the order.

The Contractor has the right, without notifying the Client, to outsource the order or parts thereof to, or have it carried out by, third parties not employed by the Contractor (e.g. an external print shop for a specific finish), if in its view this promotes an effective or efficient performance of the order.

Article 9: FORCE MAJEURE

If the Contractor cannot fulfil its obligations under the agreement, or cannot fulfil them on time or in full, as a result of a cause not attributable to it, including but not limited to fire, drastic temperature fluctuations, water damage, natural disasters, government measures, strikes, transport disruption, defects in machinery (e.g. the printing press), non-delivery of necessary materials or raw materials by third parties, or disruptions in the energy supply, whether within the Contractor's own business or at engaged third parties, those obligations are suspended until the Contractor can reasonably be expected to be able to fulfil them in the agreed manner.

Should a situation as referred to in paragraph 1 occur, the Client does not have the right to dissolve the agreement in whole or in part, nor does the Contractor incur any obligation to compensate for any damage in such cases.

If a situation of force majeure continues uninterrupted for more than 5 calendar days, the Contractor has the right to consider the agreement dissolved in whole or in part, without the Client being able to claim any damages.

Article 10: DESIGNS, PROOFS AND APPROVAL

The Client is required to carefully and immediately check the designs, digital previews and (proof) prints made available by the Contractor for review, for errors and defects, and to send their assessment (approval or comments) to the Contractor.

Approval by the Client, or the absence of any objection within a short and reasonable period after receipt, counts as acknowledgement that the design is in accordance with the order and forms the basis for production/printing. Changes the Client makes after approval are considered additional work and may affect the delivery time.

For larger print runs or sizes, the Contractor may offer or require a physical proof before proceeding to production; the cost of this will be communicated in advance. An approved digital preview never provides an absolute guarantee of the exact physical print result (see Article 15).

Any design produced at the Client's request is charged in addition to the agreed price, unless it has been expressly agreed that the cost of this is included in the price.

Article 11: COPYRIGHT AND RIGHT OF USE

The Client guarantees to the Contractor that the performance of the order (including any logo, images, text or brand identity supplied by the Client) does not infringe the copyright, trademark rights or other intellectual property rights of third parties. The Client indemnifies the Contractor, both in and out of court, against all claims that third parties may assert in this respect, as well as for all costs associated with defending against such claims.

During the performance of the order, and for as long as the design has not been definitively approved and paid for in full, all copyright and other intellectual property rights to designs, concepts and interim proposals produced by the Contractor remain vested exclusively in the Contractor. This also applies to design proposals that were not selected: these may not be used, edited or transferred to third parties by the Client without the Contractor's consent.

After full payment of the agreed price, the Client obtains an exclusive, unlimited right of use to the finally approved and delivered design (e.g. a logo or brand identity), for use within their own business or activities. However, the Contractor does not thereby transfer the copyright itself, unless this has been expressly and separately agreed in writing.

The Contractor always retains the right to display completed work in its own portfolio, on this website or on social media, to promote its services, unless the Client expressly objects to this in advance and in writing (e.g. for reasons of confidentiality).

Article 12: PRICES; INVOICING AND COSTS

The Contractor does not charge for formulating proposals and producing quotes, unless specific research is required for this. In that case, an estimate will be provided in advance of the scope of the Contractor's work and the associated costs that will be charged.

Costs arising from or related to additions and changes to the order are borne by the Client. Such a price increase is presumed to have been accepted in advance by the Client, at the latest as soon as the additions and changes to the order have been carried out.

Over- or under-deliveries relative to the agreed quantity (print run) are permitted if they do not amount to more or less than ten percent. Any excess or shortfall delivered will be charged or credited accordingly.

All rates are exclusive of any tax due and other government-imposed levies such as VAT. These are stated separately on the invoice and are borne by the Client.

If, after the agreement is formed and before the agreed delivery date, the prices of materials (e.g. paper, cardboard or other print materials), wages, or any other price-determining factors have changed due to factors unknown at the time the agreement was formed, the Contractor is entitled to adjust the rates agreed for the order accordingly, subject however to a maximum increase of ten percent. This percentage will not be exceeded without further consultation with the Client.

Article 13: OWNERSHIP OF PRODUCTION MEANS AND LEFTOVER MATERIAL

All cutting templates, digital files, print-preparation files and tools produced by the Contractor in the course of performing the order remain the property of the Contractor, even if they are listed as a separate item on the quote or invoice.

The Contractor is not obliged to keep leftover material (e.g. cutting waste from paper, cardboard or vinyl) for the Client, unless otherwise agreed in writing.

Article 14: DELIVERY AND DELIVERY TIME

Unless otherwise agreed in writing, print work is delivered at the location where the Contractor operates its studio (Boom, Belgium), by post or courier, or through on-site installation if this has been agreed for the relevant product (e.g. a site sign). Digital deliveries (designs, previews, print-ready files) are made to the e-mail address provided by the Client.

A delivery time stated by the Contractor is only indicative, unless it is expressly stated in writing that it is a binding deadline. Even in the case of a binding deadline, the Contractor is only in default after the Client has given it written notice of default.

The Contractor's commitment to a binding deadline lapses if and as soon as the Client changes the order, or fails to give timely approval to a design or proof as referred to in Article 10, unless the minor significance of the change or the minor delay does not, reasonably, require the Contractor to change the originally set schedule.

Article 15: INSPECTION UPON DELIVERY; DEVIATIONS

The Client is obliged to thoroughly check, immediately upon delivery, whether the Contractor's performance is sound and in accordance with the order/the approved design. The Contractor's performance is presumed to have been carried out soundly and in accordance with the order if the delivered goods are accepted without objection.

Deviations of minor significance are acceptable and do not constitute grounds for rejection, discount, dissolution of the agreement or compensation. This includes in particular: small colour deviations between an on-screen display (RGB) and the printed end result (CMYK) — a screen and a printing press simply never reproduce colour in exactly the same way — as well as minor colour or shade differences between different print runs or batches of the same product, and minor positioning or trimming differences within the tolerance customary in the industry.

Deviations that, taking all circumstances into account, reasonably have no or only a minor effect on the (use) value of the goods delivered are always deemed to be deviations of minor significance within the meaning of this article.

Article 16: COMPLAINTS

The Client must notify the Contractor in writing of any complaint regarding the work carried out, the goods delivered, or the invoice amount, within seven days of the time of delivery or the invoice date, respectively.

After the period referred to in the first paragraph has elapsed, the right to raise complaints lapses. Any late complaint is deemed rejected.

A complaint does not, under any circumstances, suspend the Client's payment obligation.

To the extent permitted by law, in the event of a justified complaint, the Contractor has the sole choice between a price reduction, a correction, or reprinting the product concerned.

Article 17: WARRANTY

Expressly excluded from any warranty on print work delivered by the Contractor are: normal wear and tear (including gradual discolouration due to UV exposure or weather effects on large-format print work placed outdoors, such as site signs, banners or beach flags), damage caused by improper installation, mounting or handling by the Client themselves or third parties, and damage arising after changes made by the Client themselves.

The Contractor guarantees the soundness of the print work delivered for the material warranty period stated in the quote (e.g. a certain outdoor lifespan for large-format material), but never extending further than the warranty provided to the Contractor itself by its material supplier.

The warranty for goods delivered by the Contractor but manufactured by others covers only the warranty granted to the Contractor by those others.

Article 18: PAYMENT

The Contractor determines the payment terms. The Contractor is free to require an advance payment before beginning production, in particular for larger print runs or material that is specifically ordered or cut to size.

Payment of the invoice amount by the Client must be made within fourteen days of the invoice date, unless otherwise agreed. For a private Client, payment is in principle made upon delivery.

If the Client has not paid in full within the stated period, they are in default by operation of law. In such a case, the Client automatically owes interest in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions (businesses), or the statutory interest rate (consumers), as applicable, plus a fixed penalty of 15% of the principal sum with a minimum of EUR 75.00.

All judicial and extrajudicial costs relating to the collection of any claim of the Contractor against the Client are borne by the Client.

Article 19: RIGHT OF RETENTION AND RETENTION OF TITLE

The Contractor is entitled not to hand over goods belonging to the Client, or print work produced by the Contractor for the Client, that it holds, until the Client has fulfilled all of their obligations towards the Contractor (right of retention).

Full ownership of goods delivered by the Contractor remains unconditionally with the Contractor until the Client has fulfilled all of their obligations towards the Contractor arising from the order.

Article 20: MISCELLANEOUS

These terms can be consulted and downloaded at https://indrukwerkend.eu.

Belgian law exclusively applies to all quotes, offers, orders and agreements, and to any disputes arising from them. Quotes, offers, orders and agreements are deemed to have been made, given, concluded and performed in Belgium, respectively.

Only the courts and tribunals of the judicial district of Antwerp have jurisdiction to hear disputes.