Terms & Conditions

Radiant Street BV is the creative entity which Thomas De Ben uses for both commercial and personal projects. The privacy policy relate to both creative paths. Radiant Street BV is used for creative labels PLUS-ONE Projects and A.P./Studio.

General provisions

Sales conditions are binding. The client is deemed to have taken note of this and to fully agree to it. The client is who placed the order, the supplier is who accepted the order. Any deviation from these terms and conditions of sale can only be made in writing and with the approval of both parties.

The adjustment or addition of conditions is done in consultation between both parties. When drawing up the agreement or the order form, the buyer cannot invoke writing or calculation errors in the unit price or the total amount. All prices indicated in proposals or the webshop are exclusive of VAT, unless they are expressly indicated as including.

Prices on the webshop do not displayed include shipping costs. Shipping costs are calculated during checkout.

Property

Unless otherwise agreed, delivered designs or artwork, in whatever form, remain the intellectual property of Radiant Street BV, hereby represented by Thomas De Ben, and may not be reused, adapted, reworked or distributed in any way without prior written permission by Thomas De Ben. If this does happen, one is legally guilty of unfair competition or an act of counterfeiting. Unless otherwise agreed, the client may not demand delivery of the work before or after delivery.

Ownership: Context and reuse

When creations are made within a specific project or campaign, they may not be used in a completely new campaign without prior permission. The context/campaign within which reuse would be made must first be presented to the makers. In such situations, it can be considered whether it is interesting for the rights to the work to be transferred or sold in full to the client.

The client is not allowed to resell the creations made by Radiant Street BV after the collaboration has ended, without prior written permission. In such situations, too, it can be considered whether it is interesting for the rights to the work to be transferred or sold in full to the client.

Ownership note: In all cases of reuse, the client or former customer should first submit the idea to Radiant Street BV to avoid possible disputes or misunderstandings in the future, in order to maintain the good relationship. Also because we as makers, with a certain pride about our work, like to know in which context our creations circulate and end up.

All personal artwork can’t be used for commercial use without written permission. In all cases, the buyer or new owner should first submit the idea to Thomas De Ben to avoid possible disputes or misunderstandings in the future, in order to maintain the good relationship. Also because we as makers, with a certain pride about our work, like to know in which context our creations circulate and end up.

Corrections

Commercial projects: In each design, two correction rounds are provided as standard. Extra correction rounds are carried out at an hourly rate, on top of the quotation. Author corrections are always carried out at an hourly rate, on top of the quotation. Oral or telephone corrections are at the risk of the client. Delays in the agreed terms incurred as a result of additional correction rounds are under no circumstances the responsibility of the supplier.

Personal work do not include corrections.

Proofs and good for printing

Commercial projects: Proofs not provided for in the quotation will be charged. Changes must be communicated in writing. The supplier undertakes to perform these correctly and to submit a new proof for approval. Delays resulting from changes to the initial order are under no circumstances the responsibility of the supplier. After submitting a good for printing, the supplier is relieved of all responsibility during or after printing. The good for printing remains the property of the supplier and can serve as evidence in the event of a dispute. The different printing processes imply a difference in the reproduction of colours. The supplier guarantees the most faithful reproduction possible within the technical possibilities. Testing and proofing to see the result on the final support or other types of color proofing will be charged extra.

Personal work: When a buyer buys a work (original, print, reproduction, series or of any kind of work in any kind of media) the buyer agrees to know what he/she/them is buying. A purchase is binding and cannot be disputed in any way.

Risks and insurance

Both commercial and personal work rule: When Radiant Street BV, and its employees, have to move for a specific assignment for a (live) execution and for this it is forced to use scaffolding, loaders, aerial platforms or other constructions that are necessary for a successful execution, the client is held responsible. for any damage or accidents. The client is deemed to have sufficiently informed himself about legislation and also takes the necessary steps to comply with the law. Any fines or delays incurred by Radiant Street BV because the client has not informed himself sufficiently in advance or due to negligence in arranging the necessary documents rests entirely on the client's responsibility.

Data

Radiant Street BV cannot be held responsible for inaccuracies or shortcomings in the data as stated on the websites developed by Radiant Street BV This applies to information placed on the site by Radiant Street BV itself, as well as to information provided by the users. Radiant Street BV undertakes to treat your data confidentially, and that it will not be used for any purposes other than those of Radiant Street BV. When registering domain names, Radiant Street BV is obliged to pass on the name, company name, address, e-mail address, telephone number of the registration and the associated name server information to the organisation that manages the domain extension. This information is publicly available. The public nature of this information is inherent to the functioning of the domain name procedures and is completely outside the competence of Radiant Street BV with regard to the possible use by these organisations or third parties of this information.

Terms

Commercial work and designs are saved as standard up to 1 year after completion of the assignment. This period can only be extended at the written request of the client. The costs of this will be charged. The delivery period does not start until the supplier has all the necessary pieces in his possession. The days lost due to the lack of approvals from the client are added to the delivery period. In case of force majeure, the supplier bears no responsibility and can partially or completely cancel the order without financial consequences.

Quotations remain valid for 1 month. After 1 month the quotation will expire and must be adjusted to the current prices.

Complaints and liability

Any complaint or protest must be sent in writing and by registered post within eight days of delivery. Even if the delivery note is not signed by the customer, this period of eight days starts immediately after delivery. Partial use of the articles also results in the start of the term. Delivered and entrusted materials of any kind remain under the responsibility of the client. The supplier cannot be held liable for loss or damage to these goods.

In case of force majeure, the supplier bears no responsibility and can partially or completely cancel the order without financial consequences.

If, after approval of the quotation, the client decides to cancel the assignment, he is obliged to reimburse the working hours already performed, with a minimum of 30% of the total amount of the quotation. Only the courts of Antwerp (Belgium) are competent for any disputes.

Invoices and payment

Any shipping costs or transport and accommodation expenses are always at the expense of the client unless agreed otherwise. All invoices must be paid at the latest 30 days after receipt of the invoice. In case of commercial or project based commissioned work orders above EUR 2,500.00, an advance of 1/3 of the total invoice amount must be paid into our account clearly stating our reference number.

In the event of non-payment on the due date, the customer owes an interest of 10% on an annual basis by operation of law and without further notice of default. In addition, in the event of non-payment within one month after the due date, the customer owes compensation of 10% of the total price. All this again by operation of law and without a notice of default being required. In case of partial payment, the full compensation remains due.

Radiant Street BV, and therefore Thomas De Ben, endorses the Creative Fair Play manifesto of Flanders CD and Creative Network.
NL: https://creativefairplay.com/nl or ENG: https://creativefairplay.com

Contact

If you have any questions about this Terms and conditions,
You can contact Thomas De Ben by email: info@thomasdeben.com