GENERAL TERMS & CONDITIONS PETERVAN STUDIOS COMMV
These are the general terms and conditions of Petervan Studios CommV, with registered seat in Aalst, Belgium, registered in the Belgian Crossroads Bank for Enterprises under n° 0769 401 426, (RPR Gent), hereafter ‘Petervan Studios CommV’, ‘We’ or ‘Us’.
Petervan Studios CommV only provides its services to businesses or professionals and not to consumers. Customer represents and warrants that in doing business with Petervan Studios CommV he is not acting as a consumer, and he is either (i) acting on behalf of a legal person or (ii) as a natural person strictly acting for trade, company or other strictly professional purposes. All customers should be registered as a company and provide their company registration and VAT n°.
All Our offers and quotations are noncommittal and remain valid for no more than 30 days from the date of offer. After this term, We are entitled to change offered prices and/or conditions of the offer, or refuse the order. All prices are VAT excluded, unless expressly stated otherwise. Bank and other charges resulting from international transfers or exchange rate fluctuations are entirely at customer’s expense.
All complaints regarding Our services or objections regarding Our invoices must be made by registered letter within eight days from receipt of the invoice. Failing this, Our invoices shall be considered accepted without any reservation. A complaint can under no circumstances justify suspension of payment.
Our invoices are payable within 30 days from invoice date, unless a different due date has been agreed upon in writing. For tailormade programs (such as Interventions or The Scaffold engagements), 50% of the price shall be invoiced at confirmation by the customer, the remaining 50 % shall be invoiced at the start of the engagement unless different due dates have been agreed upon in writing. For Art Sales 100% of the price shall be invoiced at confirmation. Any amount that remains unpaid on the due date shall automatically and without prior notice be subject to interests, at a rate of 1% per month. In case the customer does not pay the invoice in full by its due date, the customer shall be liable to pay damages equal to 10% of the invoice amount, with a minimum of 65 EUR. Interests and damages are due without prior warning or formal notice. As for the interests, every started month is counted as an entire month.
Cancellations of orders or program registrations are valid only if they have been made in writing and are possible only in the following circumstances and in accordance with the following conditions.
Artworks – Once an offer or quotation for an Artwork has been confirmed, unfortunately, you can no longer cancel the sale. We do not have an obligation to refund paid amounts and any outstanding deposit invoices will remain due. If an Artwork cannot be delivered or accepted due to compelling unforeseen circumstances, We are open to discussing alternative arrangements and trying to find a solution.
Interventions – Once an offer or quotation for an Intervention has been confirmed, it can be canceled free of charge up to 4 months before the start of the Intervention. In case of cancellation of an Intervention registration between 4 months and 8 weeks before the start of the Intervention, a cancellation fee of 50 percent of the total price for the Intervention shall be due by the customer. In case of cancellation of an Intervention less than 8 weeks before the start of the Intervention, 100 % of the total price for the Intervention shall be due by the customer.
The Scaffold engagements – The Scaffold engagements can be canceled free of charge up to 4 months before the start of the program. In case of cancellation of The Scaffold engagement between 4 months and 8 weeks before the start of the engagement, a cancellation fee of 50 percent of the total price for the engagement shall be due by the customer. In case of cancellation of The Scaffold engagement less than 8 weeks before the start of the engagement, 100 % of the total price for the engagement shall be due by the customer. The Scaffold registrations are strictly personal and are valid only for the person mentioned at registration. As an exception, up to 4 weeks before the start of an engagement, it is allowed to send another person to take the place of the initial registrant, if he or she is prevented to participate due to any professional or personal circumstances.
To the fullest extent permitted by law, We can never be held liable for any damage, except in case of wilful misconduct or fraud. In any case, Our liability can never exceed the total value or the amount of the agreement in relation to which Our liability arises. Insofar We are dependent on third parties (such as suppliers or subcontractors) in the provision of services to the customer, we shall not be liable for any damage resulting from such third party’s default, including wilful misconduct, gross negligence or fraud of said third party. Under no circumstance, Petervan Studios CommV can be held liable for any indirect damages such as financial loss, commercial loss, loss of revenue or profit, or loss of information.
Petervan Studios CommV retains all intellectual property rights (including copyright) on all material and/or immaterial elements created or used in executing and delivering Customers’ order (e.g. video footage, slides, handouts, presentations, leaflets, documentation, etc.).
Under Force majeure (or unforeseen circumstances) shall be understood: any situation which is independent of the will Petervan Studios CommV which prevents the normal performance of its services or which entails that the normal performance of services can no longer be expected of Petervan Studios CommV. Force majeure events include, but are not limited to: natural disasters (such as floods, storms, snow, pandemics), social disturbance (such as strikes or lock-outs), fire, crime (such as theft or terrorism), embargo, aircraft carrier and transport/traffic problems, illness or medical leave of our contributors. In case the delivery of services by Petervan Studios CommV has become impossible, in whole or in part, Petervan Studios CommV shall have the right to terminate the agreement with the customer, without owing any form of compensation to the customer.
The invalidity or nullity of a provision, or part of a provision of these Terms and Conditions, will have no impact on the validity of the remaining provisions or parts thereof. This shall also apply when a provision should be regarded as non-existent. The parts of the provisions that are declared null or invalid will remain binding for the part thereof that is permitted by law.
These terms and conditions and all agreements made with Petervan Studios CommV shall be governed exclusively by Belgian law. Any dispute or claim arising from or related to these general terms and conditions or agreements made with Petervan Studios CommV shall be submitted to the exclusive jurisdiction of the Company Courts of the district of Ghent.
We reserve the right to unilaterally modify our General Terms and Conditions from time to time.