WeAreTheWords srl, 70 rue aux Laines, 1000 Bruxelles
Article 1
These General Terms and Conditions apply to any provision of services and to any sale carried out by WeAreTheWords srl (hereinafter referred to as the seller). Unless the contract expressly stipulates that these general terms and conditions are derogated from, they shall always apply.
Commitments made by the seller’s representatives (délégués) only bind the seller after its written and duly signed confirmation.
Article 2
The invoice is payable within 15 calendar days of the invoice date, at the address of our registered office.
Payments made after this 15-day period shall bear, automatically and without formal notice (de plein droit et sans mise en demeure), interest of 10% on an annual basis. In addition, in the event of non-payment within the month following the due date, the client shall owe compensation (indemnité) set at 10% of the total price, again automatically and without prior formal notice (de plein droit et sans mise en demeure préalable). In the event of partial payment, the compensation (indemnité) shall remain due in full. Any partial payment shall be allocated first to accrued interest and to compensation (indemnités) due, the balance also continuing to bear interest.
Article 3
Any cancellation of an order must be made in writing. It is only valid after written acceptance by the seller. In the event of cancellation, the client shall owe compensation (indemnité) of 30% of the order, payable under the same conditions as those provided for in Article 2.
Article 4
Delivery times are given for information only and therefore do not bind the seller, unless expressly agreed otherwise. A delay in the performance of the order can never give rise to damages or to the termination (résolution) of the agreement (convention).
Article 5
The seller guarantees that the order will substantially conform to the client’s specifications described in the offer or in the specifications (cahier des charges), and that it will correct all blocking anomalies or bugs for a period of one month from the date of delivery.
This guarantee shall only cover failures of the elements supplied by the seller, and provided that the client has complied with the instructions for use supplied by the seller.
Article 6
It is the client’s responsibility to take delivery of the order and to verify its conformity immediately.
The client must invoke apparent defects (vices apparents) within 48 hours of delivery, the burden of proof resting with the client. In any event, the seller’s liability with regard to apparent defects (vices apparents) is limited to correcting them, to the exclusion of any costs or damages.
The client is required, on pain of forfeiture (sous peine de déchéance), to submit any claim for possible latent defects (vices cachés) by registered letter within the month following delivery. Any legal action based on latent defects (vices cachés) must be brought, on pain of forfeiture (sous peine de déchéance), within one month of the registered letter being sent.
Article 7
Without prejudice to payment for the services already performed, if the client refuses the order or prevents its performance, the client shall owe the seller compensation (indemnité) set at a minimum of 30% of the total amount of the order, payable under the conditions of the aforementioned Article 2.
Article 8
The delivered order remains the property of the seller until full payment of the invoice, increased where applicable by costs, compensation (indemnités) and interest.
The seller remains, in any event, the sole owner of the copyright, intellectual and industrial rights (droits d’auteurs, intellectuels et industriels) attached to the delivered order.
Article 9
The client guarantees that it holds all necessary rights and/or authorisations, and that it will hold the seller harmless (tiendra le vendeur indemne) against any claim by a third party asserting an intellectual or industrial right over any of the elements of the order, in particular all texts, images, logos, graphics, photos, audio or video films, files, software and databases that the client has instructed the seller to integrate or use, and this for all uses by the seller of these elements provided for in the specifications (cahier des charges) or described in the offer.
Article 10
The seller undertakes to perform its services within technical limits and according to its means, it being understood that the obligations contracted are obligations of means (obligations de moyens).
The buyer (acheteur) may not hold the seller liable if the performance of this agreement (convention) is delayed or prevented due to force majeure, a fortuitous event (cas fortuit) or an external cause such as, in particular: natural disasters, strikes, labour disputes, state of war, etc.
In the event of suspension of this agreement (convention) for a period of more than one month due to force majeure, this agreement shall be terminated automatically (résiliée de plein droit) and without damages.
Article 11
The seller is in no case liable, for any reason whatsoever, for its own slight fault (faute légère) or that of its servants (préposés). Except in the case of fraud (dol), its liability is in any event limited to the amount of the delivery and to direct damage. Indirect damage is not eligible for compensation.
Article 12
For the promotion of its business, the seller may mention the name of its client and the description of the engagement (mission) entrusted to it by the client.
Article 13
The possible nullity or irregularity of any of these clauses shall not entail the nullity or irregularity of this contract or of the other clauses.
Article 14
Any waiver of the right to invoke the benefit of any provision of this agreement (convention) shall not, however, constitute a waiver of the right to invoke the benefit of the other provisions of these general terms and conditions. The waiver shall only take effect if expressed in writing. It shall lapse (deviendra caduque) in the event of non-payment of the full price.
Article 15
This contract is governed by Belgian law.
Any dispute relating to the interpretation, performance or validity of this contract shall be subject to the exclusive jurisdiction of the Brussels Commercial Court (tribunal de commerce de Bruxelles).
