GENERAL TERMS AND CONDITIONS
1. APPLICABLE SALES CONDITIONS
These sales conditions apply to every delivery of our products, services, and any possible installation thereof by our company, regardless of any sales conditions issued by the buyer. By placing an order, the buyer accepts and acknowledges that they are contracting in accordance with these general sales conditions of THE STORY LABS (hereinafter referred to as the seller), from which deviations can only be made with the seller’s express prior written consent. Subsequent orders from the buyer are also subject to these sales conditions. Any permitted deviations are valid only for the delivery to which they relate and cannot be invoked for any future orders by the buyer. The seller reserves the right to have deliveries and/or installations carried out by third-party suppliers or subcontractors.
2. QUOTATION
Our offers are always without obligation and are valid for only one month from the date of the offer, unless expressly agreed otherwise. Every order is only final after it has been expressly accepted in writing by the seller. Such a quotation can in no way be invoked against us as an analysis of the buyer’s business circumstances prior to the sale; the buyer determines the material to be supplied and bears responsibility for their choice.
3. PRICES
Our prices are exclusive of VAT, taxes, travel, and transport costs, unless stated otherwise. Exchange rate differences are at the buyer’s expense if the contract is in foreign currency.
4. DELIVERY
The stated delivery times are approximate. The seller disclaims all responsibility for any delay. Any delay will, however, be communicated to the buyer as soon as possible. Force majeure gives the seller the right to terminate the agreement wholly or partially without being obliged to pay any compensation.
Deliveries take place at the agreed place or in the agreed manner. If no place or manner of delivery has been agreed, delivery will take place at the seller’s address, and the buyer must collect the goods or services themselves. Physical goods always travel at the buyer’s cost and risk, even in the case of free delivery.
The buyer is responsible for the designated location; they shall, at their own expense, ensure that it has access so that the work can proceed efficiently and on time. The buyer shall grant the seller free access to the installation site so that the seller has the necessary time to complete the work.
If, at the buyer’s request, changes are made to the delivery time and/or place or other circumstances, or if the buyer has provided incorrect information, the seller has the right to charge additional costs.
Sold goods and services are not returnable. In case of cancellation by the buyer before delivery or execution, they shall pay fixed damages amounting to 15% of the normally payable price.
The seller can in no case be held liable for any loss of the buyer’s data resulting from the installation of software and/or repair work carried out by the seller. The buyer undertakes to make the necessary backups in time.
5. COMPLAINTS
Defects existing at the time of delivery and which the buyer could reasonably detect on inspection are deemed to be immediately accepted unless a protest is made in writing by registered mail within three working days after receipt of the goods and/or installation.
Complaints regarding invoices will only be accepted if made by registered mail within eight working days from the invoice date. In both cases, in the absence of written objection within the above deadlines, the deliveries or invoices are deemed to be accepted without reservation.
6. WARRANTIES
Delivered software is only guaranteed for the period granted by the manufacturer or supplier of the seller, starting from the invoice date, with the understanding that the scope of any warranty is limited solely to that provided by the manufacturer or supplier of the seller. The seller has the right to charge the buyer packaging costs for physical goods if the products for repair or replacement are not returned in their original packaging.
7. PROHIBITION OF COPYING
The buyer is prohibited from reproducing, disclosing, or making available the purchased services, documents, or software, or parts thereof, on other equipment or to third parties without the seller’s prior written consent. If this provision is violated, the seller is entitled to claim damages, fixed at an amount equal to the purchase price paid by the buyer for the software.
8. PAYMENT
Invoices are payable at the seller’s registered office on the due date indicated, to the bank account numbers stated on the invoice. The seller reserves the right to execute an order by cash on delivery or prepayment. Any other payment method accepted by the seller can never constitute novation or cause any change or cancellation of the general terms and conditions. Cheques and bills of exchange are only considered payment after collection. Drawing and/or accepting bills of exchange or other negotiable documents does not constitute debt renewal and does not derogate from our payment terms.
9. NON-PAYMENT
If the buyer fails to pay the invoice within 15 days after the due date, default interest of 1% per month will be charged on the outstanding amounts from the invoice date, by operation of law and without prior notice of default, without prejudice to all other rights and/or damages to which the seller is entitled. The seller reserves the right to suspend the execution of all current orders until full payment is made. All outstanding invoices become immediately due in the event of non-payment. Furthermore, as a penalty clause, if payment is not made within 5 days after a registered reminder, the outstanding balance will be increased by 15% with a minimum of €125, to compensate the seller for all extrajudicial costs, time lost, administrative expenses, and fees. The reminder is validly made to the address the buyer provided when ordering, unless the buyer proves they have notified the seller of a later address change.
The application for judicial reorganization, cessation of payment—even if not officially recorded—or any other fact indicating the buyer’s insolvency will result in all invoices relating to the delivery of goods becoming immediately due. The seller also reserves the right to cancel orders already placed by registered letter within 8 days after becoming aware of such an application or fact, without being liable for any compensation.
10. RETENTION OF TITLE
The sold goods and services remain the property of the seller until full payment of the price, notwithstanding Article 1583 of the Belgian Civil Code. From the moment of delivery and acceptance, the buyer bears the risk of damage, destruction, and loss. The buyer undertakes to retain the goods and services until full payment. If this obligation is not respected, fixed damages amounting to 50% of the sale price will be due by the buyer. If the goods and services are nevertheless sold, the right to the resulting sale price replaces the delivered goods and services.
11. DISPUTES
In case of disputes relating to the deliveries made, invoiced goods, services, installations, or invoices, only the courts of the Ghent district have jurisdiction. Belgian law applies.