Terms and Conditions – portraits

Version: OPPG-2022

1.                    Definition of terms

Ookami: trade name of Soren Cardon, established at 8800 Roeselare, O.-L.-Vrouwestraat 10/210 and registered in the KBO under number BE081.0881.792. The customer: the natural or legal person who has commissioned Ookami to perform work and provide services. The order or the agreement: the agreement between the client and Ookami with regard to the services offered by Ookami in the broadest sense.

2.                   Applicability

These general terms and conditions apply to all quotations, agreements, commissions, and invoices, etc. between Ookami and the customer. Before the distance contract is concluded, the general terms and conditions are made available to the customer both on paper and electronically.

The agreement between Ookami and the customer may contain special conditions depending on the assignment. These special conditions are in addition to the general conditions. If there are contradictions between the general terms and conditions and the special terms and conditions, the special terms and conditions will take precedence.

Ookami reserves the right to supplement or change the general terms and conditions, but these new terms and conditions will only be applied to future assignments.

3.                   The quote

Every offer is without obligation. The quotation contains a complete and accurate description of the assignment to be performed. The description contains sufficient information about the assignment to enable a proper assessment of the quotation by the customer.

By signing the offer, placing an order, or placing an order, the customer expressly and without reservation accepts these general terms and conditions. The customer waives the application of his own general (purchase) conditions.

All prices are always and inclusive of VAT unless otherwise indicated.

4.                   The agreement

All orders must be signed in writing, either by post or electronically, by Ookami and by the customer. If the acceptance deviates from the offer included in the quotation, Ookami is not bound by it.

All quotations are based on the information that the customer provides to Ookami. Ookami may assume that the information and data provided by the customer are correct and complete. If the data and information are incomplete or incorrect before, during, or after the execution of the assignment, additional costs will be charged if this leads to incorrect execution. The costs are passed on to the customer regardless of the price agreed in the quotation between Ookami and the customer.

5.                   The execution

Unless expressly stated otherwise, the execution of the agreement will only be started by Ookami subject to full advance payment of 20% of the value of the order.

Ookami will carry out the assignment to the best of their knowledge, expertise, and ability. The customer agrees that Ookami will carry out the assignment with their own creative interpretation.

A maximum of two corrections are included in the price. Additional adjustment of the designs, works, and/or products in response to the customer’s comments may result in extra time expenditure and additional costs and compensation for Ookami.

Ookami will inform the customer in good time or before the start of the extra time expenditure and the incurring of additional costs. The customer decides accordingly whether the requested processing of the designs, works; and/or products will be carried out at the agreed additional price.

6.                   Delivery

The date of delivery is given as an indication and does not bind Ookami. The duration of the assignment depends on the complexity. Factors such as corrections can extend the duration of the project. Delays in customer response for feedback may also contribute to extending the duration.

The customer is not entitled to compensation or price reduction or to dissolve the agreement if there is a delay in delivery. If a binding delivery term has been agreed by both parties, agreements about (interim) deadlines are agreed in advance in writing in the agreement under special conditions. This term is extended if the customer fails to provide information, documents, originals, images in a timely manner, or if the customer places additional orders.

7.                   Duration and cancellation

The duration of the agreement is the duration necessary to perform and deliver the services discussed. Unless otherwise agreed in writing, the duration of the agreement is indefinite. The customer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (both digital or analog) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.

The customer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (both digital or analog) or services, with due observance of the agreed cancellation rules and a notice period of at most one month. An agreement for a definite period, and which extends to the delivery of products (either digital or analog) or services, may not be tacitly extended or renewed for a specified period.

An agreement can only be canceled in writing. The cancellation is only valid with written acceptance by Ookami. In that case, the customer owes at least a fixed compensation of 25% of the value of the order with a minimum of the amount of the advance, except for the possibility of claiming a higher compensation for the actual damage suffered. In the event of cancellation or postponement by the customer of a (full or partial) order less than 24 hours before the date on which its delivery is planned, a compensation of 70% of the amount of the order will be invoiced by Ookami.

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

8.                   Billing and payment

Insofar as nothing else is stipulated in the agreement or special conditions, all invoices must be paid within 14 days after the conclusion of the agreement. The customer has the obligation to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

An administrative fee of EUR 25.00 will be charged for each reminder letter that is sent.

In the event of late or partial payment of an invoice due, default interest of 10% will be owed by operation of law and without notice of default. A fixed fee of 10% with a minimum of EUR 125.00 will also be charged to compensate the extrajudicial collection costs resulting from non-payment within 15 days.

9.                   Liability

The goods or services supplied by Ookami meet the standards and practices of care, skill and diligence usually applied by similar companies under similar circumstances at the time of the order and meet the agreed specifications and requirements stated in the order. Ookami is not liable for indirect damage such as commercial or financial losses, loss of clients, etc. Ookami cannot be held liable for defective execution if the customer has provided incorrect and/or incomplete information.

10.                Complaints and disputes

Ookami has the following complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 24 hours after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.

Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

11.                 Confidentiality and Privacy

All information (including documents, files, images, presentation decks or methodologies, creative content and ideas, software, financial information, customer information…), of whatever nature, in any way made available to one of the parties, is and remains the property of the party that originally possessed the information; will be treated confidentially by the other party and will not be communicated or disclosed in any way to any third party without the prior written consent of the owner; will only be used for the purpose for which it was made available and will be returned at the owner’s first request.

12.                Intellectual property rights

At all times and notwithstanding payment of the agreed fee, Ookami remains the owner of all intellectual and other property rights, as described in, among other things, book XI of the Economic Law Code, Belgium, on all works realized by Ookami.

Reproduction, exploitation, publication, and/or making changes is prohibited without express permission from Ookami. All products and services provided by Ookami may not be edited or incorporated into other (online) printed matter, websites… than the (online) printed matter, website… for which the products and services were originally provided without the express permission of Ookami.

The client who acquires the works undertakes to mention Ookami’s name in any form of non-commercial reproduction.

13.                Additional or special provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

14.                Returns

Due to the nature of the product tailored to the wishes of the client, we cannot accept returns.