Terms and Conditions
These terms and conditions govern the rights and obligations between TST Reclamewerken and its clients. They have been drawn up in accordance with the Belgian Code of Economic Law and apply to both businesses and consumers.
Scope of application
These terms and conditions apply to all quotes, orders, agreements and services of TST Reclamewerken (Koolmijnlaan 58, 3550 Heusden-Zolder, VAT BE 0847.230.662), hereinafter "TST", with its clients (hereinafter "the client").
By requesting a quote, placing an order or entering into an agreement, the client accepts these terms in full. Deviations are only valid after express written agreement from TST. The client's general or purchasing conditions do not apply, unless expressly agreed otherwise in writing.
Quotes & formation of the agreement
All TST quotes are non-binding and valid for 30 calendar days, unless stated otherwise. Prices are in euros and exclude VAT, unless expressly indicated otherwise.
An agreement is concluded when TST confirms the order or the signed quote in writing (email suffices), or when execution begins. Obvious mistakes or clerical errors in a quote do not bind TST.
For custom work TST may request a digital design preview ("proof for approval"). The client's written approval counts as final agreement on design, text, colours and dimensions. TST is not liable for errors the client did not notice during that approval.
Prices & payment
Unless agreed otherwise, invoices are payable within 14 calendar days after the invoice date. For custom or larger orders TST may request a deposit ask before starting production.
Non-payment — businesses (B2B)
In case of late payment, default interest is due by operation of law and without notice of default in accordance with the Act of 2 August 2002 on late payment in commercial transactions, plus fixed compensation of 10% on the outstanding amount (with a minimum of €50).
Non-payment — consumers (B2C)
With respect to consumers, the interest and damages clause are applied in accordance with Book XIX of the Code of Economic Law, after a free first reminder and the expiry of the legal waiting period. The compensation stays within the legally permitted maxima and applies reciprocally in favour of the consumer should TST default.
Execution, terms & delivery
TST performs the assignment to the best of its ability and according to the rules of the trade. Since our services largely custom work are concerned, stated execution and delivery times are always indicative. A project is usually completed within approximately 5 working days completed, but the actual term depends on the nature, size and complexity of the project, the timely supply of correct files and the approval of the preview.
Exceeding an indicative deadline does not entitle you to compensation or dissolution, except in case of intent or gross negligence by TST. The full arrangement regarding delivery and installation can be found in our Delivery policy.
Cancellation & right of withdrawal
Cancellation by the client
If the client cancels a confirmed order, compensation is due for the work already performed, the materials ordered and the lost profit, with a minimum of 30% of the order value.
Right of withdrawal — consumers in distance contracts
A consumer who concludes a contract remotely (e.g. by email) in principle has a legal right of withdrawal of 14 calendar days.
Retention of title & intellectual property
Eigendomsvoorbehoud: delivered goods remain the property of TST until full payment of the principal, costs and any interest. The risk does transfer to the client from delivery or installation.
Intellectual property: designs, sketches, print files and creations made by TST remain its intellectual property, unless agreed otherwise in writing. The client obtains a right of use for the agreed purpose after full payment.
The client guarantees that the logos, texts and images supplied by them are free of third-party rights and indemnifies TST against any claim in this regard.
Liability
TST is only liable for direct damage resulting from gross negligence or intent attributable to it. Except for mandatory legal provisions, TST's liability is in any case limited to the invoice amount of the assignment concerned.
TST is not liable for indirect or consequential damage (such as loss of profit or reputational damage), nor for small colour or size deviations inherent to printing and lettering processes, nor for damage due to incorrect or incomplete supply by the client. With respect to consumers, these limitations do not affect their mandatory legal rights.
Warranty & complaints
Visible defects must be reported by the client within 8 calendar days after delivery or installation, by email to info@tst-reclamewerken.be. Hidden defects must be reported within a reasonable period after discovery.
For consumers additionally applies the legal warranty of 2 years for non-conformity in accordance with the CEL. This warranty does not cover normal wear, discolouration due to prolonged exposure to sun and weather beyond the stated lifespan of the materials, nor damage due to incorrect use or insufficient maintenance.
Force majeure
TST is not bound to fulfil any obligation if prevented from doing so by force majeure, including among others: strikes, fire, machine breakdowns, shortage of raw materials, transport disruptions, pandemics and government decisions. In that case the obligations are suspended for the duration of the force majeure situation.
Applicable law & disputes
All agreements with TST are exclusively governed by Belgian law applies.
In the event of a dispute, the parties first attempt to reach an amicable solution. For consumers, the dispute can also be submitted to the Consumentenombudsdienst (www.consumentenombudsdienst.be) or the European ODR-platform. If no solution is reached, only the courts of the judicial district of Limburg, Hasselt division competent, without prejudice to the mandatory jurisdiction rules in favour of the consumer.