Terms and Conditions

  1. Application
    The general terms and conditions apply to all services performed by BISTRONOMIE, unless explicitly deviated from in a specific and written agreement. The Customer accepts these terms without any reservations, excluding their own general terms and conditions.

  2. Subject and Duration
    The subject of this Agreement is described in the order form signed by the parties and has a duration of 1 year from the signing of the order form (or from another explicitly agreed date). Unless expressly terminated by either party 1 month before the expiration of the current duration, the Agreement will be automatically extended for a period of one year.

  3. Execution of the Order
    BISTRONOMIE will perform the Customer’s Order to the best of its ability. Any deadlines for the execution of the Agreement are for indicative purposes only. These may always change. Any delay in execution will never result in the payment of any compensation by BISTRONOMIE.

  4. Termination
    Each party has the right to withdraw from the Agreement within 15 days after signing the order form without any obligation for compensation. The Customer will, if applicable, be entitled to a refund of any paid deposit without interest. BISTRONOMIE will be entitled to claim payment for any costs already incurred. BISTRONOMIE may terminate the Agreement without notice or judicial intervention with immediate effect if the Customer fails to meet one or more of its obligations to BISTRONOMIE, eight (8) calendar days after sending a registered notice of default. BISTRONOMIE also has the right to terminate the Agreement without notice or judicial intervention with immediate effect if the Customer is declared bankrupt, has ceased payments, has requested or obtained a payment delay from one or more creditors, or has lost control over their assets. In such cases, the Customer is not entitled to compensation.

  5. Intellectual Property Rights
    Unless explicitly agreed otherwise, every photo, concept, creation, design, drawing, plan, layout, illustration, text, slogan, or logo created by BISTRONOMIE in the execution of the Agreement remains the property of BISTRONOMIE.
    Violation by or with the cooperation of the Customer of BISTRONOMIE’s intellectual property rights will result in a fixed compensation payment of 25% of the contract value, with a minimum of €2,500, in addition to BISTRONOMIE’s right to claim actual damages if they exceed the fixed compensation.
    By signing the Order Form, the Customer transfers all their transferable copyrights related to the material provided in the execution of the Agreement to BISTRONOMIE, without prejudice to the Customer’s moral rights. The transfer applies to all forms of exploitation, including publication on any medium (paper, digital, analog, etc.), digital exploitation on a network (both intranet and internet), and commercial exploitation, including merchandising.
    The transfer applies worldwide, without any territorial restrictions, and for the full duration of the Agreement’s exploitation, at least for the duration of the protection of the transferred rights under Belgian law.
    The parties agree that the compensation for the exploitation of the transferred rights is included in the price specified on the order form, so BISTRONOMIE does not owe any additional compensation for any exploitation.
    The Customer guarantees that the provided material does not infringe upon the intellectual rights of third parties and indemnifies BISTRONOMIE for all costs or penalties BISTRONOMIE may incur from third parties as a result of using material provided by the Customer. BISTRONOMIE cannot be held responsible for any damage to documents, illustration materials, props, photos, or similar items entrusted by the Customer to BISTRONOMIE.

  6. Complaints and Liability
    Any complaints regarding the execution of the Agreement must be reported to BISTRONOMIE by registered mail within seven (7) working days after becoming aware of them, on pain of forfeiture.
    BISTRONOMIE cannot be held liable for any loss or damage of any kind, whether wholly or partially, resulting from an error or negligence by BISTRONOMIE or any of its employees in the execution of the Agreement, unless caused by willful intent or gross negligence.
    BISTRONOMIE’s liability is in any case limited to the amount charged by BISTRONOMIE for the part of the services to which the alleged liability relates and can never cover indirect damage such as loss of income, claims by third parties, loss of customers, or loss of data.

  7. Prices and Payment Terms
    BISTRONOMIE’s prices are exclusive of VAT. All invoices are payable immediately upon the invoice date unless otherwise agreed in writing. The prices agreed upon in the order form will be 100% invoiced upon signing the order form.
    From the date that BISTRONOMIE receives the payment, the Customer will be “online.” Any payment costs will be borne by the Customer, so the invoice amount will always be credited net to BISTRONOMIE’s account.
    If payment is not made within the above-mentioned period, an interest of 1% per month will be charged on the outstanding amount, without the need for a reminder. In addition, the invoice amount will automatically be increased by 10% of the invoice amount, with a minimum of €100, as compensation and for additional costs, excluding any court costs. All possible court costs will also be borne by the Customer.
    Notwithstanding the above, BISTRONOMIE has the right to suspend the performance of its services if any of its invoices or statements have not been paid on time until the outstanding amounts are fully settled.

  8. Applicable Law and Competent Court
    The Agreement is subject to Belgian law. Any disputes arising from this agreement or its execution shall be exclusively settled by the competent courts of the Antwerp district.

  9. Personal Data
    Both the Customer and BISTRONOMIE commit to complying with privacy protection regulations. Unless explicitly agreed otherwise, BISTRONOMIE may store and use the data obtained during the execution of this Agreement.
    In accordance with applicable legislation regarding privacy and the processing of personal data, the Customer has the right to access, correct, or object to the data concerning their person.