Terms & conditions

1. These general terms and conditions form the binding contract between the parties, to the exclusion of the customer's own terms and conditions. No deviation from these general terms and conditions will be accepted without the prior written consent of Camelidae group SPRL (trade name Alpaga). The failure to enforce any provision of these terms and conditions shall not be construed as a waiver by Camelidae group SPRL of its right to do so.

2. Offers from Camelidae group SPRL are made without obligation and are exclusive of VAT and shipping costs. They are valid for 30 calendar days from the date of issue. After this period, they are null and void.

3. Camelidae group SPRL may only be contracted by a person authorized to sign on behalf of the company. Unless expressly authorized, agents and employees of Camelidae group SPRL are not authorized to bind Camelidae group SPRL.
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4. The customer, for his part, is bound as soon as he has contracted with a member of staff or representatives of Camelidae group SPRL and/or as soon as he has transmitted an order to Camelidae group SPRL.
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5. All orders will be subject to the payment of an advance deposit of 50% calculated on the amount of the offer excluding VAT. This deposit must be paid prior to any production start-up.

6. Any modification of the order occurring after it has gone into production must be transmitted in writing to Camelidae group SPRL, which, in the event of acceptance, reserves the right to modify its offer accordingly and to claim adjustment of the deposit paid.
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7. In the event of the outright cancellation of an order that has entered production, the deposit paid by theCustomer to Camelidae group SPRL may be retained by Camelidae group SPRL as a lump-sum compensation, in addition to the reimbursement to Camelidae group SPRL of all costs incurred up to the date of cancellation, and this without prejudice to the right of Camelidae group SPRL to claim more, subject to it justifying the extent thereof.
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8. The Customer is solely responsible for the files and the content thereof, models, drawings, media or any other element transmitted to Camelidae group SPRL in connection with the execution of the order. He guarantees that he is the owner and/or legally authorized to use all elements transmitted (typography, photographs, drawings, models, etc.). The Customer shall indemnify Camelidae group SPRL against all claims by third parties relating thereto, in principal, interest and costs. Camelidae group SPRL reserves the right to refuse the distribution of any file containing a political allusion of a xenophobic nature, or which would be contrary to the law or morality. In the event that the distribution/realization is prohibited by the administrative or judicial authorities for any reason whatsoever, the Customer shall remain fully liable for the price agreed in the order.

9. Camelidae group SPRL will carry out an initial proof at the Customer's request. If the Customer does not request a proof, Camelidae group SPRL is in no way responsible for the quality of the finished product. Camelidae group SPRL may, at the express request of the Customer, produce a second and, if necessary, a third proof taking into account the graphic wishes expressed by the Customer. If the Customer has not made a definitive choice from among the three proposed proofs, the production of subsequent proofs at the Customer's request will be subject to an additional invoice. This additional work will be carried out in-house at an hourly rate of €75 excluding VAT.

10. The Customer acknowledges that Camelidae group SPRL is the sole owner of all intellectual or industrial rights relating to the "work carried out" by the Customer. Unless expressly agreed otherwise in writing, the agreed price does not imply any transfer of rights whatsoever, with the exception of the right to license use. By "work produced" is understood, inter alia, source files, sketches, source codes and object codes of applications and computer programs developed by Camelidae group SPRL and, where applicable, by third-party developers who have granted a license in favor of Camelidae group SPRL, in all versions, updates or documentation of the application delivered by Camelidae group SPRL to the Customer.

11. Delivery and execution deadlines are provided for information purposes only and are not binding on Camelidae group SPRL. Under no circumstances may a delay in execution or delivery give rise to any compensation, damages or cancellation of the order.

12. The Customer shall come to the registered office of Camelidae group SPRL or to any other place indicated in the order form to receive the work carried out. Where applicable, shipment of the order to the Customer is at the Customer's risk. Acceptance of the work by Camelidae group SPRL, or its partial use, implies final approval by the Customer of what has been delivered. Complaints relating to the work delivered are only admissible insofar as they are communicated by registered letter within eight days of delivery, or of the invitation to take delivery. However, such complaints do not in any way suspend the obligation to pay on the agreed date.

13. The work carried out remains the property of Camelidae group SPRL until full payment of the relevant invoice(s). However, the risks are borne by the customer as soon as a firm and definitive order exists, as defined in article 4.

14. Invoices are payable in cash, unless expressly agreed otherwise in writing, at the registered office of Camelidae group SPRL, or at the financial institution mentioned on the invoice. Any invoice which remains unpaid on its due date will be automatically and without prior notice liable to interest of 1% per month until the day of payment, in addition to a conventional penalty clause of 15% with a minimum of €100.00. In the event of non-payment on the agreed date, Camelidae group SPRL also reserves the right to immediately suspend any further execution of assignments or deliveries, irrespective of its right to consider the order cancelled to the detriment of the Customer and to claim damages.

15. Upon completion of its work, Camelidae group SPRL is under no obligation to retain them, unless expressly requested otherwise in the order.

16. Complaints relating to delivered products are only admissible if they are communicated by registered letter with acknowledgement of receipt within seven working days (Saturdays and public holidays not included) following delivery or collection. Any complaint lodged after this period will be considered null and void. Such claims do not in any way suspend the obligation to pay on the agreed due date. The Customer acknowledges and accepts that Camelidae group SPRL has an obligation of means and not of result within the framework of its mission. Camelidae group SPRL may only be held liable in the event of gross negligence or fraud. The Customer irrevocably waives the right to hold Camelidae group SPRL liable for other damages, in particular indirect damages such as loss of profit or commercial loss. In any event, the liability of Camelidae group SPRL shall be limited to the amount paid by the Customer for the services rendered in execution of the order placed by the Customer.

17. The invalidity of any provision of these terms and conditions shall not affect the validity of the remaining provisions.

18. This agreement is governed by Belgian law and any dispute relating thereto shall be subject to the exclusive jurisdiction of the courts of the district of Mons, or the Justice de Paix of Mons, ruling in the French language.