Terms and Conditions

This website is owned by STEVEN VAN HASTEN

Headquarters: Hundelgemsesteenweg 213, 9050 Ledeberg, Belgium
Telephone: +32 (0) 499 47 20 58
E-mail: steven@vanhasten.be
VAT number: BE 0642 403 581

By accessing and using the website, you expressly agree to the following general terms and conditions, applicable since January 2020.

1.
General

1.1.
These conditions apply to all sales via vanhasten.be and exclude the application of any deviating general or specific terms and conditions or conditions of the buyer. No disclaimer, additions or modifications of these sales conditions are binding on vanhasten.be, unless approved in writing by STEVEN VAN HASTEN.

STEVEN VAN HASTEN composes the website with the greatest care. Nevertheless, it is possible that the information provided contains errors or is not up to date. The colors of the images may differ slightly from the actual colors of the products. Colors also depend on the color settings of the user’s monitor. If you have any questions about size, materials, color or delivery options, please feel free to contact STEVEN VAN HASTEN..

1.2.
STEVEN VAN HASTEN is specialised in illustrating projects in which a story tailored to the target audience is realized in collaboration with the client. The orders or assignments placed by the customer can consist of the digital delivery of illustrations, as well as the delivery of physical goods by STEVEN VAN HASTEN or a combination of both. More information about the various activities of STEVEN VAN HASTEN can be found on this Website.

1.3.
Unless explicitly agreed otherwise, STEVEN VAN HASTEN retains the copyrights and all Intellectual property rights to the drawings and illustrations, regardless of whether costs were charged to the customer for this. The customer receives a non-exclusive and non-transferable right of use on the drawings and illustrations provided to him by STEVEN VAN HASTEN.

The customer guarantees that the information provided by him does not infringe the intellectual property rights of third parties and indemnifies STEVEN VAN HASTEN against all claims from third parties in this regard.

Any violation of this article gives rise to payment of a fixed compensation to STEVEN VAN HASTEN equal to 40% of the price of the project, without prejudice to the right to higher proven damage. In no case will STEVEN VAN HASTEN be liable to any third party or for any damage that arises if the customer does not comply with this article.

By placing an order with STEVEN VAN HASTEN, the customer acknowledges that he has read and accepted these general terms and conditions.

1.4.
The client is obliged to cooperate smoothly and to provide the necessary support in the preparation and implementation of the project by STEVEN VAN HASTEN. This includes (but is not limited to):
– Providing all necessary data, documents and input.
– Providing the necessary specifications and instructions regarding the implementation of the project.

1.5.
STEVEN VAN HASTEN is not obliged to check the accuracy of the information provided by the customer and is therefore entitled to rely on this without further ado. The customer is at all times responsible for the correctness and completeness thereof and indemnifies STEVEN VAN HASTEN against claims in this regard.

1.6.
STEVEN VAN HASTEN provides the services on an independent basis. This independent collaboration between STEVEN VAN HASTEN and the customer does not entail any bond of subordination.

1.7.
The customer acknowledges that STEVEN VAN HASTEN, unless expressly agreed in writing and subject to additional invoicing – is not obliged to keep delivered files and / or documents related to the project for longer than 1 year.

2.
Financial

2.1.
A price agreement is only valid for the specific project to which it relates and therefore does not automatically apply to subsequent projects. The change of the project by the customer will, unless agreed in writing, result in the cancellation or adjustment of the price agreement.

2.2.
A price agreement is only valid for the duration stated on it or for a duration of 30 calendar days.

2.3.
The price estimate as shown in the agreement is only valid on the condition that the customer has communicated all data and instructions, necessary or useful for the execution of the project, to STEVEN VAN HASTEN.

2.4.
In case of written cancellation of the agreement by registered letter by the customer, STEVEN VAN HASTEN is entitled to charge all costs for already delivered performances or goods to the customer. Undelivered performances or goods of which the execution by STEVEN VAN HASTEN has not yet commenced will not be charged.

2.5.
In the event of cancellation of the agreement by STEVEN VAN HASTEN, monies already paid for services or goods delivered will remain due by the Client to STEVEN VAN HASTEN and will not be refunded. STEVEN VAN HASTEN is in any case entitled – without any right to compensation on the part of the customer – to cancel the order / assignment if it is based on incorrect information from the customer.

2.6.
All prices on this site are in Euro and are shown including VAT. Shipment or other costs can be found during the check out or can be requested by e-mail or telephone. The indicated prices refer to the product as described in the accompanying text. The photos are decorative and may contain decorative elements that are not included in the price.

2.7.
The shipping costs depend on the chosen products and the delivery address (national or international).

If the delivery address is outside the European Union, keep in mind that shipments can be increased with an incoming tax. Unfortunately, STEVEN VAN HASTEN cannot calculate the exact amount of this tax, because it differs per country. You can request the tax amount from your country’s customs office.

Special offers are only valid during the period as stated on the website in relation to this special offer.

2.8.
Changes and / or additions to a project – as a result of instruction (s) from the customer or unforeseen circumstances are only possible by mutual written agreement between STEVEN VAN HASTEN and the customer. STEVEN VAN HASTEN will always be flexible as far as possible and try to accept these changes / additions where possible, but can under no circumstances be obliged to implement them effectively if he has not expressly confirmed this. Such changes will be settled by STEVEN VAN HASTEN on the basis of the usual execution prices. STEVEN VAN HASTEN and the customer will confirm their agreement in this regard in writing. The necessary transparency will always be applied in this regard.

2.9.
Offers and invoices are always delivered electronically, unless otherwise agreed.

2.10.
Unless explicitly agreed otherwise, the invoices of STEVEN VAN HASTEN are payable in full by the customer within 30 calendar days following the invoice date and without discount on the invoice date.

2.11.
Invoices can only be validly protested by the customer by registered letter within 8 calendar days following the invoice date and stating the invoice date, number and a detailed motivation.

2.12.
The unconditional payment of part of an invoice amount counts as express acceptance of the corresponding part of the invoice. Such a protest does not release the customer from his payment obligations under any circumstances.

2.13.
In the event of non- or late payment of (whether or not part of) the invoice by the Client on the due date:
– A default interest of 1% per overdue month will be charged by operation of law, without prior notice of default, whereby each started month is considered to have expired. In addition, the amount due will be increased by all of STEVEN VAN HASTEN’s collection costs associated with the collection of the debt, as well as by 10% of the price (excluding VAT) by way of fixed compensation, without prejudice to the right to compensation for higher proven damage.
– STEVEN VAN HASTEN reserves the right to immediately stop any further performance and to consider other projects as suspended or canceled without any notice of default.

The same applies in the event of imminent bankruptcy, judicial or amicable dissolution, suspension of payments, as well as any other fact indicating the customer’s insolvency.

2.14.
STEVEN VAN HASTEN is only bound to the execution of the project or delivery of the goods as specifically agreed. All services and / or goods that were not explicitly foreseen will be regarded as additional work.

2.15.
STEVEN VAN HASTEN will always exercise due care and good faith and will always carry out the project to the best of his knowledge and ability.

3.
Delivery

3.1.
The way in which the transport takes place and who it uses for this is determined by STEVEN VAN HASTEN himself.

3.2.
The customer expressly acknowledges that no all-risk transport insurance is taken out in its favor, but that the transport is only covered by the standard transport insurance of the carrier. If desired, the customer can take out additional transport insurance for which the additional costs will be charged separately.

3.3.
In cases where the customer requests delivery of a project within a certain period or by a certain date or when STEVEN VAN HASTEN himself indicates a delivery period or date, STEVEN VAN HASTEN endeavors at all times to comply with the agreed delivery periods, including deadlines. . In any case, STEVEN VAN HASTEN undertakes to notify the customer immediately if a delivery period will be exceeded. Unless explicitly agreed otherwise, these terms are however purely indicative and always approximate.

3.4.
The exceeding of the foreseen term or date cannot give rise to breaking, cancellation or termination of the agreement at the expense of STEVEN VAN HASTEN or any fine or compensation of any kind. Exceeding the delivery term or date does not release the Customer from its obligations.

3.5.
The delivery terms lapse automatically if STEVEN VAN HASTEN does not have all the necessary data, specifications and / or instructions from the customer on time or in the event of a change to the project by the Customer.

3.6.
The parties are not liable for a shortcoming in the fulfillment of their obligations caused by force majeure. Are conventionally regarded as cases of force majeure: all circumstances that were reasonably unforeseeable and unavoidable at the time of the conclusion of the agreement, and which create the impossibility on the part of STEVEN VAN HASTEN to execute the agreement (such as but not limited to war, nature conditions, fire, seizure, general scarcity of raw materials or goods, strike, lock-down, pandemics, business organizational conditions and threats and acts of terrorism).

3.7.
The aforementioned situations give STEVEN VAN HASTEN the right to request the revision and / or suspension of the agreement by simple written service on the customer, without being or being able to owe any compensation. If the situation of force majeure continues for more than 3 months, the parties have the right to terminate the agreement without owing any compensation.

4.
Complaints

4.1.
Disputes are the exclusive competence of the courts of the judicial district of Ghent.

4.2.
Belgian law applies.

4.3.
Complaints with regard to the performance of services must be reported by the customer to STEVEN VAN HASTEN in writing or electronically no later than 8 calendar days after the full performance of the service.

4.4.
Complaints regarding products will only be taken into account if the customer has stated them on the signed delivery note or, in the absence of a delivery note, sends them in writing or electronically to Steven Van Hasten within 24 hours after the goods have been collected / delivered, with identification of the product and a detailed motivation of the complaint. In the absence of a timely written complaint, the customer is deemed to irrevocably accept the delivered products.

4.5.
The customer is obliged to reimburse the costs incurred as a result of unjustified complaints.

4.6.
In the event of a timely and valid complaint, STEVEN VAN HASTEN undertakes the necessary actions to resolve the complaint in a timely manner. The liability of STEVEN VAN HASTEN is in any case limited to the (re) delivery of the missing or visibly defective goods.

4.7.
STEVEN VAN HASTEN’s liability is limited to the liability that is mandatory by law.

4.8.
Steven Van Hasten will under no circumstances be liable for:
– Direct or indirect damage;
– Additional damage caused by further use after the defect has been determined;
– Damage caused by non-compliance with STEVEN VAN HASTEN’s instructions (eg via the user manual);
– Damage caused by improper use and / or processing (incl. Non-compliance with the user manual) of the products;
– Damage and / or defects caused directly or indirectly by an act of the customer or of a third party, regardless of whether these are caused by an error or negligence
– Normal wear and tear, improper handling, extraordinary stress, external influences;
– Damage caused by any use of the products by the customer or a third party appointed by him for a purpose other than the purpose for which they were developed or intended;
– Deficiencies based on subjective data, such as personal taste or preferences;
– Damage caused by force majeure.

4.9.
The liability of STEVEN VAN HASTEN can only be retained by the direct customer of STEVEN VAN HASTEN and not by third parties.