General terms and conditions

Studio Zosara – version 2025/2 – 01/2025

1. General

1) These general terms and conditions apply to any performance, quotation, agreement, invoice, order from, to or with Studio Zosara on behalf of a client/buyer, regardless of the client/buyer’s place of residence or registered office and regardless of where the delivery is to be carried out, unless a written agreement between Studio Zosara and the client/buyer states otherwise, in which case the present general terms and conditions will apply only insofar as they do not deviate from what is stipulated in that agreement.

2) These general terms and conditions shall have the force of law in the relationship between Studio Zosara and the client/buyer and shall be deemed to have been accepted by the client/buyer if the latter has not expressed an objection within a reasonable period of time after receiving them. Acceptance of these general terms and conditions may be inferred, among other things but not exclusively, from the normal continuation of performance by Studio Zosara without objection by the client within a reasonable period or by the payment of the order by the buyer.

3) The execution of the given assignment (i.e. illustration as custom work) or order (i.e. delivery of illustrations from stock) is done exclusively for the benefit of the client/buyer. Third parties cannot derive any rights from the work performed and its results.

 

2. Design/commission

By design/commission is meant any illustration, drawing, photograph, text or representation through which Studio Zosara gives form to an idea and this both as a preliminary and final design.

 

3. Quotations

1) All quotations, oral or written, are without obligation. The prices mentioned on the quotations are prices exclusive of VAT, packaging and shipping costs, unless otherwise stated.

2) Agreements between Studio Zosara and the client/buyer are only binding after written confirmation by the client/buyer.

 

4. Obligations of the client/buyer

The client/buyer is deemed to have the (intellectual) right to commission a design. The client/purchaser shall bear sole responsibility for the orders approved by him with respect to third parties. Possible claims of third parties against the client/buyer do not in any way affect the right of payment by the client/buyer to Studio Zosara for the services rendered. In case of printed matter, the client/buyer accepts a maximum permissible deviation of 10% for both print run and color, size, weight.

 

5. Limitation of liability

Studio Zosara cannot be held liable in case of non-execution or late execution of an order due to any form of force majeure. In case of force majeure, the client/buyer cannot dissolve the agreement or claim damages. Should the design be defective, the client/buyer cannot use these defects as a reason not to settle an outstanding invoice. Any liability of Studio Zosara is limited to a maximum of half of the value of the product cited by the client/buyer as being defective.

6. Delivery

The agreed delivery terms are not binding but will be respected to the extent possible. Studio Zosara cannot be held liable for exceeding the delivery period. The agreement cannot be dissolved and the order cannot be cancelled due to an exceeding of the delivery term.

 

7. Ownership, preservation, reproduction

All designs remain the property of Studio Zosara. Only the reproduction right is ceded within the legal limits. The same applies to all work and documents prepared by Studio Zosara in preparation of the design. If the designs are signed with the logo of Studio Zosara, this logo may not be altered or removed without the prior written consent of Studio Zosara. Manual reproduction of the design must always include the statement “© Studio Zosara”.

 

8. Payment of invoice

1) Studio Zosara charges its design services according to fixed prices (according to type of design) or according to hourly rates. The rate may vary according to the complexity and urgency of the assignment.

2) Unless expressly provided otherwise, the invoices and costs due by the client/buyer shall be paid in cash.

3) If Studio Zosara begins work on a design but has to stop it for any reason due to missing information to be provided by the client, the client shall owe an advance payment proportional to the services already rendered and expenses incurred.

4) If the client refuses a preliminary or final design without giving Studio Zosara the opportunity to change the design, as well as when the (preliminary) design may not be executed definitively, the performances already delivered and expenses incurred will be charged to the client. In this case, the preliminary or final design at that time must be returned to Studio Zosara.

 

9. Acceptance of the invoice & payment

1) Every invoice – in the absence of protest via registered mail within eight days from the invoice date – is considered accepted. All invoices of Studio Zosara are payable in cash, without discount and in Euros within 10 (ten) days from invoice date, unless otherwise agreed upon in writing. All possible payment costs shall be borne by the client/buyer.

2) In case of full or partial non-payment on the due date, Studio Zosara will send a first free payment reminder. If the outstanding balance has still not been paid 14 days after this first reminder, a subsequent payment reminder will be sent stating the additional late payment interest and lump sum compensation according to the current legal provisions.

 

10. Expenses and additional fees

Additional expenses incurred during the execution of the order (e.g. photographs, travel expenses, etc.) will be borne by the client. Additional work such as checking printed matter, meetings, preparation of a file with all necessary data, necessary preliminary research, can be charged to the client/purchaser at an hourly rate as additional compensation.

 

11. Complaints

Complaints regarding the order or execution of a design must be communicated by the client/buyer to Studio Zosara within three days after delivery. Late complaints will be inadmissible. In case of a complaint, the client/buyer remains in any case obliged to pay the received invoices on the agreed date. The client/purchaser cannot refuse further performance of the contract for those designs that are not part of the complaint, regardless of whether the complaint is justified or unfounded.

 

12. Applicable law and competent authorities

1) These general terms and conditions and the agreements between Studio Zosara and the client/buyer are governed by Belgian law.

2) Any possible disputes related to the agreements between Studio Zosara and the client/buyer or to these general terms and conditions will be exclusively settled before the courts of the judicial district of Kortrijk.

 

13. Independence of clauses – Dutch text

The possible nullity of one or more provisions of these general terms and conditions does not affect the applicability of all other clauses. In the event of a dispute regarding the interpretation of these terms and conditions, the Dutch text shall always prevail.

 

FR372725_01RRSL
DE4594024093972