Terms & Conditions.
TERMS & CONDITIONS – Products & Custom-Made Items
Definitions
Company: Els Desmet, based in Brussels, Belgium.
Customer: Any individual or legal entity placing an order.
Custom-made products: All products made to order according to the customer’s specifications or measurements.
Agreement: Any order confirmed in writing or digitally by the Company.
- Scope
These terms and conditions apply to all quotations, orders, deliveries, and agreements between the Company and the Customer, unless otherwise agreed in writing. They apply to both services and the sale of goods.
- Quotations and prices
Quotations are valid for 30 days unless stated otherwise.
Prices are exclusive of shipping costs, taxes, or additional services.
Price adjustments due to material cost increases or external circumstances may be charged, provided the Customer is informed in advance.
- Orders and deposit
An order becomes binding only after written confirmation by the Company.
A deposit of 50% of the total amount is required before production begins.
Production will not start until the deposit has been received.
- Custom-made products and changes
Custom-made products cannot be cancelled once production has started.
Minor variations in colour, shape, material, or finish are inherent to the custom-making process.
Changes requested after production has started may result in additional costs.
The Customer is responsible for providing correct measurements, specifications, and instructions.
- Payment
The remaining balance must be paid at the latest upon delivery or according to the invoice terms.
In case of non-payment, the Company reserves the right to withhold delivery.
If payment is not made in full within 14 calendar days (+ three working days if not sent electronically) after the first payment reminder, the Customer is legally liable, without prior notice, to pay a fixed compensation of:
€20 if the outstanding amount is ≤ €150
€30 + 10% of the amount above €150
€65 + 5% of the amount above €500, with a maximum of €2,000
In addition, statutory interest for late payment in commercial transactions (Law of 2 August 2002) and an administrative fee of €40 may be charged.
- Delivery
Delivery times are indicative and not binding.
Delays due to force majeure do not entitle the Customer to compensation.
The risk of loss or damage transfers to the Customer upon delivery or shipment.
- Retention of ownership
Custom-made products remain the property of the Company until full payment has been received.
All risks related to the goods transfer to the Customer at the time of delivery.
- Intellectual property
All designs, sketches, patterns, 3D models, prototypes, and creative elements remain the property of the Company unless otherwise agreed.
They may not be copied, shared, or used commercially without written permission.
- Warranty and complaints
Complaints must be submitted in writing within 7 days of delivery.
As the products are custom-made, returns are not accepted, except in the case of a proven production or material defect.
The warranty does not apply in cases of misuse, normal wear, damage caused by the Customer, or incorrect measurements supplied by the Customer.
- Force majeure
In the event of force majeure (including but not limited to illness, material shortages, transport issues, or technical failures), the Company may suspend or terminate the agreement without compensation.
- Cancellation
Once production has started, cancellation by the Customer is no longer possible.
If cancelled before production begins, the deposit will not be refunded.
- Applicable law
Belgian law applies to these terms and conditions.
Any disputes fall under the jurisdiction of the courts of the district where the Company is established.
- Stock products (non-custom items)
For products that are in stock and not custom-made, the following conditions apply:
These products can be shipped to the address provided by the Customer.
Delivery times are indicative and depend on availability and transport.
The Customer has the right to withdraw from the purchase within 14 calendar days after receipt, in accordance with Belgian and European consumer law.
Returned products must be unused, undamaged, and preferably in their original packaging.
Personalised or modified items are considered custom-made and are excluded from the right of withdrawal.
Return shipping costs are borne by the Customer, unless otherwise agreed.
Contact
Els Desmet
info@elsdesmet.com
Brussels, Belgium