TERMS AND CONDITIONS OF SALE FOR SHAVED MONKEY BVBA
1. Unless otherwise agreed, all acts, services and agreements by or with SHAVED MONKEY BVBA (registered under Belgian law, with registered offices at Waversebaan 32, 3001 Heverlee, registered under the enterprise number 0689.691.774) are subject to these general terms and conditions. The customer confirms by means of his order that he has taken cognisance of and accepts these terms and conditions. The customer waives the application of his own general terms and conditions of purchase.
An agreement is not concluded until confirmed in writing by Shaved Monkey BVBA. Commencement of execution of an order constitutes confirmation, unless made under reservations.
2. All orders must be sent in writing, either by post or by e-mail. Offers are non-binding. Orders are to be confirmed by the customer in writing. Unless otherwise agreed in writing, an order is only accepted and Shaved Monkey BVBA will only commence execution thereof subject to full prior payment of the value of the order.
3. Orders can only be cancelled in writing. Cancellation is only valid after Shaved Monkey BVBA has confirmed this in writing. In that case, the customer shall be liable to pay compensation fixed at 20% of the value of the order, subject to a minimum of € 1,500.00, notwithstanding Shaved Monkey BVBA’s right to demand higher compensation for actual damage incurred.
4. Delivery dates are only provided for information purposes and are not binding unless expressly agreed otherwise. Delays in execution of the order will never result in any compensation for damages or termination of the agreement or cancellation of the order. If the customer does not collect the products at the agreed time, then he cannot invoke any possible promised delivery dates. Shaved Monkey BVBA reserves the right in the event that the customer does not collect the products within 15 days following the agreed delivery date to deem the agreement as cancelled or terminated, without prior notice of default. Shaved Monkey BVBA reserves the right to demand compensation in case of failure to collect products or failure to collect on time.
5. The risk and costs of transport of products and any insurance costs are always at the customer’s expense, unless expressly agreed otherwise or except in case of carelessness or gross negligence on behalf of Shaved Monkey BVBA.
6. The customer shall take receipt of and inspect designs, works and/or products immediately. Complaints are only valid if made in writing within eight days of delivery and in any event before use, on pain of nullity of the complaint.
7. Any information made available by Shaved Monkey BVBA regarding a work or design is always subject to reservation of mistakes, errors or incorrect information on the part of the supplier or the customer. Photographs on the website of Shaved Monkey BVBA are provided purely for information purposes and are never binding.
8. Shaved Monkey BVBA is only liable for direct damage which is the direct and necessary consequence of its gross negligence, serious error or deliberate intent in the context of the execution of the order. It is never possible to make a claim against Shaved Monkey BVBA for compensation of indirect damage such as loss of profits, lost clientele, any form of interest, collection costs, etc. Shaved Monkey BVBA’s liability is always limited to the total value of the order or, failing such a specified value, shall never exceed an amount of € 30,000.00.
9. The intellectual property rights regarding the provisional or definitive work, based on a design by Shaved Monkey BVBA vest exclusively with Shaved Monkey BVBA, unless agreed otherwise in writing. Shaved Monkey BVBA can dispose of the work and is entitled at all times to sign its work and/or to mention its name on the design or the product or in the colophon in a publication or in an announcement. Unless otherwise agreed, Shaved Monkey BVBA is entitled to commercialise the work itself or have it commercialised by third parties and also to use the work for its own promotional purposes. The customer is not permitted to exploit, publicise or reproduce the work or the design without the prior written permission of Shaved Monkey BVBA.
10. Title to products of Shaved Monkey BVBA is only transferred following full payment of the agreed price. As long as full payment has not been made the customer is not entitled to dispose of the products, to relinquish material possession thereof, to pledge the products or to use them as security in the widest sense of the word.
11. The agreement can be suspended or unilaterally terminated without payment of a penalty or compensation as a result of force majeure, such as strikes by third parties, transport shortages, fire and mechanical breakdown, war, etc.
Shaved Monkey BVBA also reserves the right to cancel the agreement automatically and without prior formal notification if the customer is bankrupt or insolvent.
12. Our invoices are payable in cash at our registered office, unless otherwise agreed to in writing. Objections to invoices must be delivered in writing by registered letter within eight days of the invoice date to Shaved Monkey BVBA. If the invoice is not paid on the due date it shall be - by operation of law and without any need for formal notification of default – increased by a fixed penalty clause of 10% of the total invoice amount with a minimum of € 50.00 and late payment interest of 12% per annum until the time of actual payment.
13. The courts of the judicial district of Leuven shall have exclusive jurisdiction to hear any disputes. Belgian law applies exclusively to any disputes.