TERMS AND CONDITIONS OF SALE FOR SHAVED MONKEY BV
1. Unless otherwise agreed, all acts, services and agreements by or with SHAVED MONKEY BV (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. By means of his order, the customer confirms 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 BV. 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.
3. Orders can only be cancelled in writing. Cancellation is only valid after Shaved Monkey BV has confirmed this in writing. In that case, the customer shall be liable to pay a compensation fixed at 20% of the value of the order, subject to a minimum of € 1,500.00, notwithstanding Shaved Monkey BV’s right to demand higher compensation for actual damage incurred.
4. Delivery dates are provided for information purposes only 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 BV reserves the right to deem the agreement as cancelled or terminated, without prior notice of default if the customer does not collect the products within 15 days following the agreed delivery date. Shaved Monkey BV 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 BV.
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 BV regarding a work or design is always subject to reservation regarding mistakes, errors, or incorrect information on the part of the supplier or the customer. Photographs on the website of Shaved Monkey BV are provided purely for information purposes and are never binding.
8. Shaved Monkey BV 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 BV for compensation of indirect damage such as loss of profits, lost clientele, any form of interest, collection costs, etc. Shaved Monkey BV’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. On the condition of full payment of the corresponding invoices, including any default interests and compensations, Shaved Monkey BV grants the customer an exclusive and transferable right of use on the final result of the services delivered to the customer, within the limits determined hereafter (hereafter: the "Licence"). The Licence is valid worldwide and for the duration of these rights, from the delivery date onwards. The right of communication is limited to non-commercial channels where no media budget is spent by the customer. Such use is understood to mean use here as online (corporate or instructional) video on the customer's own website, social media, or customer’s live events. Unless otherwise agreed, the Licence does not include communication to the public as an advertising spot on the Internet, radio, or television, or through other communication channels offered for payment.
10. The Licence only applies to the final result of the project as a whole, and not to the individual parts of the services, nor to pre-designs, rushes, assembly timeline, drafts, sketches and other unfinished or not finally delivered elements. Unless otherwise agreed upon in writing, the Customer shall not unilaterally alter, translate, or otherwise modify the results of the services provided. Unless explicitly agreed otherwise, Shaved Monkey BV does not guarantee that the Licence is exclusive with regard to the different elements (music, photos, drawings, graphics...) incorporated in the delivered services.
11. Where necessary, Shaved Monkey BV obtains the licence (for the entire duration of the existence of the rights) to use the services as reference or promotional material, for example on its own website or social media. Shaved Monkey BV is allowed to mention the name of the Customer. The Customer is not permitted to remove or modify any copyright notices, such as the name or logo of Shaved Monkey BV or any other author, without the prior written consent of Shaved Monkey BV.
12. Based on the specific use of the services provided, made by the customer, additional fees may be payable within the framework of the statutory licences and/or statutory mandatory collective management. The Customer shall be solely responsible for the necessary declarations, payments, and any other obligations in this respect.
14. The agreement can be suspended or unilaterally terminated without payment of a penalty or compensation as a result of force majeure, such as pandemic, strikes by third parties, transport shortages, fire and mechanical breakdown, war, etc.
Shaved Monkey BV also reserves the right to cancel the agreement automatically and without prior formal notification if the Customer is bankrupt or insolvent.
15. Our invoices are payable in cash at our registered office, unless otherwise agreed upon in writing. Objections to invoices must be notified in writing by registered letter within eight days of invoice date to Shaved Monkey BV. 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.
16. The courts of the judicial district of Leuven shall have exclusive jurisdiction to hear any disputes. Belgian law applies exclusively to any disputes.