TERMS OF SALES
The purpose of these general conditions is to define the contractual relations concerning the provision of services between, on the one hand, www.BYSAI.COM, managed by LINSSEN AUDREY, hereinafter called “Provider” and, on the other hand, their clients. BYSAI is registered with the ECB under the company number BE 0738.377.658
The Customer is the one who placed the order; the Service Provider is the one who agreed to execute the order or quote.
1.1 Unless otherwise stipulated, all offers, interventions and performances by the Service Provider are subject to these general conditions. These are deemed to have been accepted by the Customer as soon as the order is placed, without any restriction or reservation. The Customer therefore renounces to avail himself of any contradictory document and in particular of his own general and / or specific conditions, even if the latter provide that they apply exclusively. Any deviation from these general conditions must, to be valid, have been previously and expressly approved in writing by the Service Provider.
1.2 These general conditions specify in particular the conditions of order, payment, delivery. They can be consulted at any time by clicking on the “conditions of sale” link on the home page of the Service Provider’s website: www.bysai.com
Any order placed by a Customer with the Provider will imply the final and irrevocable agreement of the Customer on all of the general conditions of sale presented below.
2 – Offers and quotes
2.1 The Service Provider’s offers are established without any commitment on its part. They do not bind the Service Provider until they have been expressly accepted by the Customer during the period of validity indicated on each estimate, and only after written confirmation, sent by post or electronic mail, of the Customer’s order by the provider. Unless otherwise stipulated, the Provider’s offers or quotes are, in any event, valid only for a period of one month for work to be carried out within three months, from their dispatch. After this period, the Customer must request a new offer from the Service Provider.
2.2 In the absence of any contractual document, it is expressly agreed between the Customer and the Service Provider that the emails exchanged between the parties can be used to establish a commercial relationship and therefore constitute regular proof of the existence of an order and its acceptance.
2.3 full payment of the order is required at the time of the order without any justification, the balance being payable according to the methods specified below. The service begins upon receipt of the payment.
2.4 Once payment has been made, it is no longer possible to cancel the order. Production begins upon receipt of payment
2.5 Any modification to an order during execution, as well as any change in the use or distribution of the creations or materials delivered, may result in a revision of the price initially agreed, without prejudice to the right of the Service Provider to oppose the modifications which relate infringement of its intellectual property rights.
2.6 Each person or company which places an order and requests to invoice it to a third party becomes jointly and severally liable for its payment.
2.7 In the case of a call for tenders, a call for projects, a call for competitions or a call for applications, the visual and textual elements of the offer are subject to confidentiality and do not may be transmitted to third parties without the express written authorization of www.bysai.com.
3 – Delivery – Deadlines
3.1 The delivery times are given for information only and do not begin to run until the first working day of the delivery to the Service Provider of all the elements necessary for the completion of the order and upon receipt of the payment mentioned in the quote or agreed in another writing with the Client. The deadlines incumbent on the Provider are automatically extended by any event beyond its control and making it impossible or difficult to perform its services, as long as this event lasts, including technical or computer problems. These unintended delays in no way authorize the Customer to cancel his order or to claim any compensation payable by the Service Provider.
If, at the request of the Customer, the execution of the order results in additional costs due to a shorter time than the agreed or normal time, they will be charged.
4 – Price and invoicing
The prices of the Service Provider are those in force on the day of dispatch of the Quote to the Customer. Company under VAT regime (21%). If the services are provided in the form of electronic files, the price charged takes account of the costs of transmission by the network. If, on the other hand, other shipping methods are chosen by the Client, the additional costs relating thereto will be taken into account. N.B. Any order placed and delivered outside the European Union may be subject to possible taxes and customs duties which are imposed when the package reaches its destination, as mentioned in article 2.
5 – Services and fulfillment of the order
5.1 The Service Provider reserves the right to refuse any service and any work manifestly contrary to morality, of a racist and / or illegal nature.
The services ordered from the Provider by the Customer are under his sole responsibility.
5.2 Unless otherwise agreed, the services provided are in the form of electronic files and in the form of sports equipment. If the contract provides for the delivery of material supports, whether graphic or digital , the additional relative costs will be charged to the Customer.
6 – Guarantee
The Customer guarantees to the Provider that the elements which he gives him for the execution of his orders can be freely used, without any restriction, for the purposes of these, and he exempts him from any responsibility in this respect. In particular, it will guarantee the Service Provider against any recourse by a third party claiming rights to said elements.
7 – Intellectual rights
7.1 Subject to the rights which have been assigned or conceded by the Service Provider to the Customer by virtue of a specific express contractual provision, the Service Provider remains the holder of all intellectual property rights (copyright, neighboring rights, rights of designs and models, rights to databases, etc.) relating to creations and materials which have been produced in execution of the contract. It also covers preparatory design material, such as projects, sketches, sketches, etc.
7.2 The Service Provider nevertheless grants the Customer authorization to use and exploit the creations sent to the latter in accordance with their destination, in strict compliance with the limits and conditions, in particular financial, specified in the offer, the voucher. order, invoice or any other contractual document drawn up between the parties. This authorization does not however include any transfer of rights and only extends to acts of exploitation necessary for the normal use of the creations by the Customer (primary exploitation), to the exclusion of any other form of derivative exploitation ( adaptation, merchandising, etc.). In case of doubt as to the scope of the authorization and in the absence of any precision in this regard, the destination of the material delivered to the Customer is deemed to correspond strictly to the first use he makes of it. This only applies to the final equipment delivered to the Customer by the Service Provider; projects, sketches, and other preparatory work cannot be used without the prior written consent of the Service Provider, who retains ownership of them and can demand their return at any time.
The operating authorization granted by the Service Provider for the benefit of the Customer in accordance with the above is linked to the latter’s compliance with all of its obligations, including full payment of the amounts due to the Service Provider.
7.3 Unless otherwise stipulated, the Customer authorizes the Service Provider to distribute all or part of the creations delivered to the latter on its website or on other promotional media (blogs, forums dedicated to design), and to reproduce its brand or other signs distinctive appearing in the creations, and this for the sole purpose of referencing (portfolio).
8 – Payment terms
8.1 Invoices are payable upon receipt of the invoice. Payment is made by transfer to the account of the Service Provider mentioned on said invoice.
8.2 Any invoice is deemed to be accepted in the absence of a specific dispute communicated to the Service Provider by the Customer by registered mail within 8 days of receipt of the invoice. After this period, any complaints from the Customer can no longer be taken into consideration by the Service Provider.
9 – Complaints
9.1 Any complaint relating to the creations or the material delivered must be reported in writing to the Service Provider and duly motivated by the Customer. No complaint is admissible if it has not been addressed to the Service Provider within 5 days of delivery to the Customer of the equipment ordered.In any event, any omissions, errors or design flaws which would have escaped the Customer’s vigilance during the presentation of the various tests and / or at the time of final approval of the project cannot be attributed to the Service Provider who will proceed if necessary to the necessary corrections at the expense of the Customer, the latter not in any way being able to draw any argument from the discovery of these errors to postpone the payment of invoices that have come due.
9.2 The client benefits from the legal eviction guarantee and hidden defects.He must prove the hidden defect and the seller must repair the consequences.This warranty does not cover the improper use or storage of the product which would cause abnormal deterioration and signs of normal wear and tear inherent in the use of the items.
10 – Responsibilities
10.1 Unless expressly stated otherwise, the Provider is only bound by an obligation of means: the Provider therefore assumes no responsibility, in the event of force majeure, for delays, poor workmanship or other failures resulting from a foreign cause or unforeseeable events, beyond its own control, or the loss or degradation of originals or data. The Customer hereby undertakes in particular to keep all the originals of all the resources made available to the Service Provider.In addition, the Provider is in no way responsible for defects caused directly or indirectly by the fault or negligence of the Customer himself or of a person acting on his behalf and / or on his behalf or of a third party.
11 – Confidentiality clause
The Service Provider undertakes not to disclose any confidential information provided by the Client, except in the event of litigation at the express request of the judge or at the request of an administrative authority under the legislation in force.
12 – Applicable law – Disputes
Any dispute relating to the conclusion, validity, interpretation or execution of this contract and the contracts arising from it is governed by Belgian law and will fall exclusively within the jurisdiction of the courts of the judicial district of Liège. The applied language is French.