Applicability
The signing of the quotation by the customer implies the customer’s express and unreserved acceptance of these terms and conditions of sale, notwithstanding any stipulations to the contrary appearing in any document or correspondence from the customer, unless formally accepted in writing by Raging Palette Studio, a sub-section of Fool and Full Art asbl (hereinafter “the asbl”) or one of its authorized representatives.
Prices
The prices quoted at the time of the estimate and project study are established on the basis of the present offer of collaboration and are binding on the asbl.
Prices are quoted exclusive of VAT and will not be definitively fixed until the quotation has been signed by the customer.
We reserve the right to adjust the prices of our articles in line with changes in the production cost of materials, energy costs or manufacturing costs, or in response to an additional request from the customer when production has already begun. A new price list automatically cancels all previous prices.
Deadlines
Unless a specific deadline has been agreed, work starts no later than 4 to 5 days after receipt of the deposit. Whatever the project or its urgency, receipt of the deposit guarantees acceptance of the job and must be completed as soon as possible, but no later than 54 days before delivery. Once this deadline has passed, we can no longer guarantee that the project will be carried out in the best possible conditions, nor can we guarantee the quality of the finish or the deadline.
Other circumstances, such as natural or civil disasters and/or injunctions from a higher authority, or even bad weather, may also affect the smooth running of the project, for which we cannot be held responsible.
Shipping
Shipping costs are at the customer’s expense. It is possible to collect the order(s) on site.
Exchanges
Custom-made items cannot be returned or exchanged, and will be invoiced automatically.
Warranty
The warranty covers material and finish only. It does not cover problems arising from normal use and/or normal wear and tear in appropriate storage. If the item is proven to be defective, it will be replaced or reimbursed. We will replace or repair damaged parts if the claim is justified. If anyone outside Raging Palette Studio intervenes, modifies, repairs, repaints or alters the item in question, the warranty is forfeited with immediate effect. The warranty does not exceed the legal period of 1 year from the date of delivery.
Invoicing-Payment-Delay of payment
Invoices will be issued electronically. If the customer does not wish to receive the invoice electronically, please inform Raging Palette Studio at the time of signing the quotation or within 10 days of receipt of the electronic invoice. Raging Palette Studio reserves the right to refuse to send invoices by post if it considers that the reasons given by the customer for refusing to send invoices electronically are not justified.
A deposit is required to validate the project and put it into production. This amount must be paid within 15 days by bank transfer to the IBAN account BE63 7320 5788 5308 of Fool and Full Art asbl, quoting the wording and reference of the signed quotation. An interim invoice will be sent to you at the time of production.
The balance must be paid once the piece has been completed.
In the event of non-payment on the due date, invoices will be automatically and without formal notice increased by 15% as a fixed indemnity + a percentage of 2% per month on the total amount of the invoice. The indemnity will never be less than €50.00.
Non-payment or late payment of all or part of an invoice will automatically and without formal notice result in all other invoices due and payable.
Claims
Any claim or dispute concerning invoices must reach Raging Palette Studio, under penalty of forfeiture, within 8 days of the invoice date at the latest, by registered letter stating the reasons.
Illustration and concept
Designs and concepts are the property of Raging Palette Studio, a subdivision of Fool & Full Art asbl, and may not be used by anyone else for any other purpose without the consent of Raging Palette Studio. They represent the spirit of the realization and are not contractual. Study sketches, stage design ideas, etc. remain the property of Raging Palette Studio until the production estimate has been signed. Raging Palette Studio retains intellectual property rights unless they are clearly sold during the project. These represent the spirit of the realization and are not contractual.
Place of jurisdiction and applicable law
The contractual relations between the parties to which these general terms and conditions apply are governed exclusively by Belgian law.
In the event of a dispute concerning the application or interpretation of these terms and conditions, and in the event of failure to reach an amicable settlement, the Courts of Nivelles shall have sole jurisdiction, unless the asbl, acting as plaintiff, prefers to bring the action before any other competent court.