• GENERAL TERMS & CONDITIONS of Frederik Delbart Design Studio (Belgium)

    1. Scope and Applicability

    1.1. These General Terms & Conditions (“Terms”) apply to all offers, quotations, agreements, projects, services, consultancy, licensing, and sales of objects (“Products”) provided by Frederik Delbart Design Studio, a company registered in Belgium (“Studio”).
    1.2. Any deviation from these Terms is only valid if expressly accepted in writing by the Studio.
    1.3. Client’s purchase conditions do not apply, even if the Studio does not expressly reject them.

    2. Offers and Quotations

    2.1. All quotations are non-binding unless explicitly stated otherwise.
    2.2. Prices are exclusive of VAT and other applicable taxes, unless stated otherwise.
    2.3. Quotations remain valid for 30 days, unless stated otherwise.

    3. Services

    3.1. The Studio provides:

    • Design and creative services

    • Consultancy, strategy, and advisory services

    • Development and prototyping

    • Sales of Products

    3.2. Services are delivered on a best-efforts basis and do not guarantee specific outcomes unless explicitly agreed in writing.
    3.3. The Client shall provide all necessary information, materials, and access in a timely manner. Delays caused by the Client may result in adjusted timelines or additional fees.

    4. Intellectual Property Rights

    4.1. All intellectual property rights (copyright, design rights, drawings, concepts, sketches, 3D models, research, consultancy materials, reports, etc.) created by the Studio remain the sole property of the Studio, unless explicitly transferred in writing.
    4.2. Upon full payment, the Client receives a non-exclusive, non-transferable license to use the delivered material for the purposes agreed in the contract.
    4.3. Any other use—including manufacturing, reproduction, sublicensing, modification, or resale—requires prior written permission and may be subject to additional licensing fees.
    4.4. If a full IP transfer is agreed, such transfer only takes effect after full payment of all fees and a separate written assignment.
    4.5. The Client may not claim authorship or remove Studio signatures or credits without permission.

    5. Moral Rights

    5.1. The Studio retains all moral rights under Belgian intellectual property law, including the right to be credited and the right to object to modifications that harm the integrity of the work.

    6. Third-Party Production & Manufacturing

    6.1. If the Client manufactures products based on the Studio’s design, the Client bears all responsibility for:

    • Production quality

    • Safety and regulatory compliance

    • Distribution and sales

    • Warranties and after-sales obligations

    6.2. The Studio cannot be held liable for any issue arising from third-party manufacturing, production flaws, commercialization, or misuse of the design.

    6.3. The Client shall indemnify the Studio against any claim related to production, sales, or product liability.

    7. Consultancy Deliverables

    7.1. Consultancy advice is based on professional expertise but does not guarantee commercial results.
    7.2. The Studio is not liable for decisions made by the Client based on such advice.

    8. Prices and Payment

    8.1. Invoices must be paid within 30 days of invoice date unless agreed otherwise.
    8.2. In case of late payment:

    • Interest applies at the rate defined by the Belgian Law of 2 August 2002 on combating late payment in commercial transactions.

    • A fixed administrative fee of €50 is charged automatically.

    8.3. Delivered work remains property of the Studio until full payment is received (retention of title).

    8.4. The Studio may suspend services or delivery in case of late payment.

    9. Changes, Additional Work & Delays

    9.1. Any request by the Client to alter the scope, brief, or deliverables is considered additional work and may incur additional fees.
    9.2. If the Studio is unable to perform due to force majeure (illness, technical failures, supplier issues, strikes, etc.), deadlines may be extended.

    10. Cancellation

    10.1. If the Client cancels a project after confirmation:

    • Work already performed is invoiced.

    • The Studio may charge a cancellation fee of up to 30% of the outstanding contract value.

    10.2. Custom or made-to-order Products cannot be cancelled once production has started.

    11. Delivery of Products

    11.1. Delivery times are indicative.
    11.2. Risk transfers upon delivery to the carrier or Client.
    11.3. Complaints regarding visible defects must be reported within 7 days of receipt.
    11.4. Warranty is limited to:

    • manufacturing defects for 2 years, B2C

    • manufacturing defects for 1 year, B2B

    11.5. Warranty does not cover misuse, improper installation, wear and tear, or modifications by third parties.

    12. Portfolio Rights

    12.1. The Studio may use the work, visuals, prototypes, and final results for self-promotion (website, social media, portfolio, exhibitions, lectures), unless the Client objects in writing for confidentiality reasons.
    12.2. The Studio shall not disclose commercially sensitive information without permission.

    13. Confidentiality

    13.1. Both parties agree to treat confidential information as strictly confidential.
    13.2. Confidentiality does not apply to publicly known information or independently developed work.

    14. Liability

    14.1. The Studio’s liability is limited to the invoice value of the service giving rise to the claim.
    14.2. The Studio is not liable for indirect damages (loss of profit, opportunity, reputation, delays, etc.).
    14.3. For product sales, liability is limited to the extent permitted by Belgian law.

    15. Use of Delivered Material

    15.1. Delivered files or prototypes may not be reused for other projects or products without written permission.
    15.2. The Studio may retain and reuse design approaches or methodologies that do not identify the Client.

    16. Governing Law and Dispute Resolution

    16.1. These Terms are governed by Belgian law.
    16.2. Disputes shall be submitted exclusively to the competent courts of Antwerp, Belgium.
    16.3. Parties will attempt to resolve disputes amicably before legal action.

    17. Miscellaneous

    17.1. If any clause is invalid, the remainder of the Terms remains in effect.
    17.2. The Studio may update these Terms from time to time; the version applicable is the one in effect at the time of the agreement.