Terms and conditions

1. Identification of FreVyDesigns

These general terms and conditions apply to all quotes, orders, assignments and agreements of:

FreVyDesigns
Frederic Vyncke
Sijslostraat 125
8020 Ruddervoorde
Belgium
Company number: 0800.513.878
VAT number: BE 0800.513.878
E-mail: frevydesigns@gmail.com
Phone: +32 485 02 75 91
Website: www.frevydesigns.com

Hereinafter, the business is referred to as “FreVyDesigns”.

In these terms and conditions, the client is referred to as “the client”.

2. Activities

FreVyDesigns specialises in designing, customising, airbrushing, painting and finishing helmets and related products.

The services may include, among other things:

• custom helmet design;
• hand-painted helmets;
• airbrush and paintwork;
• personalised designs;
• design and application of custom graphics;
• applying logos, names, numbers and other personalisations;
• restoring or adapting existing designs, if agreed in advance;
• other creative services relating to helmets and related products.

The exact work is determined per assignment and may be described in a quote, order confirmation, design proposal or written agreement.

3. Acceptance of the terms and conditions

By accepting a quote, placing an order, confirming an assignment in writing or paying a deposit, the client declares to have read these terms and conditions and to agree to them.

These terms and conditions form an integral part of every agreement between FreVyDesigns and the client, unless otherwise agreed in writing.

Any terms and conditions of the client do not apply, unless FreVyDesigns has expressly accepted them in writing.

4. Quotes and price estimates

Every quote is drawn up on the basis of the information and wishes that the client provides to FreVyDesigns at that time.

A quote may take into account, among other things:

• the type and condition of the helmet;
• the desired design;
• the complexity of the design;
• the amount of detail work;
• the number of colours;
• special paint or finishing methods;
• preparatory work;
• any repairs or preparations;
• material and product costs;
• shipping or transport costs.

Unless stated otherwise, quotes are valid for 30 days.

An assignment is concluded once the client has accepted the quote and FreVyDesigns has confirmed the assignment.

Additional work that is not included in the original quote may be charged separately.

5. Personalised designs

Every custom helmet is in principle designed and made specifically according to the client’s wishes.

The client is responsible for correctly providing:

• names;
• numbers;
• logos;
• colours;
• sponsors;
• images;
• texts;
• reference material;
• other specific wishes.

FreVyDesigns is not responsible for errors resulting from incorrect or incomplete information supplied by the client.

When a client approves a design or design proposal, this approval counts as confirmation that the client agrees with the elements shown.

Changes after approval may be charged as additional work.

6. Design and creative freedom

The client may make his or her preferences and wishes known. However, FreVyDesigns retains reasonable creative freedom in carrying out the design, unless expressly agreed otherwise in advance.

A digital representation, mock-up or design drawing is mainly intended as an illustration. The final painted result may differ from the digital representation on certain points.

Small differences in colour, scale, position, brush strokes, texture or finish do not in themselves constitute a defect, provided that the final result reasonably corresponds to the approved design.

7. Colour differences

Colours may differ between a digital screen and the final physical result.

How colours appear depends on, among other things:

• the screen on which the design is viewed;
• brightness and colour settings;
• the type of paint used;
• the base surface of the helmet;
• the clear coat used;
• the incidence of light.

A slight difference between a digital design and the final result therefore does not automatically entitle the client to a repair, discount or refund.

8. Helmets supplied by the client

When the client supplies a helmet, the client remains the owner of the helmet.

The client declares that he or she is entitled to have the helmet treated by FreVyDesigns.

The client must supply the helmet in the best possible condition and inform FreVyDesigns in advance of any existing damage, repairs, defects or previous treatments.

FreVyDesigns may refuse an assignment if, in its reasonable opinion, the condition of the helmet is not suitable for the desired work.

9. Inspection of the supplied helmet

On receipt, FreVyDesigns may inspect the helmet for visible damage or defects.

Where possible, existing damage is recorded in advance in writing or with photographs.

FreVyDesigns is not liable for existing damage or defects that were present before the assignment was carried out.

If hidden damage, material problems, earlier repairs or other circumstances that may affect the work are found during the preparatory work, FreVyDesigns will inform the client of this where reasonably possible.

Any additional work that was not originally agreed can only be carried out with the client’s agreement.

10. Safety of the helmet

FreVyDesigns only carries out cosmetic and decorative work, unless otherwise agreed in writing.

Painting, airbrushing, lacquering or customising a helmet is not a safety inspection or safety repair.

FreVyDesigns does not guarantee that a helmet meets specific safety standards, quality marks or homologation requirements after the work has been carried out, unless this has been expressly agreed in writing.

The client remains responsible for using the helmet in accordance with the applicable safety regulations and the manufacturer’s instructions.

FreVyDesigns may not make structural modifications that could affect the safety or construction of a helmet, unless express written agreements have been made about this in advance.

11. Responsibility for supplied material

When the client supplies a helmet or other object, FreVyDesigns takes care of it during the period in which the object is in its possession for the purpose of carrying out the assignment.

However, FreVyDesigns is not liable for damage resulting from a hidden defect, material defect, earlier damage, faulty construction or any other cause that could not reasonably be established in advance.

12. Payment

The payment terms are stated in the quote or invoice.

For custom assignments, FreVyDesigns may ask for a deposit before the work begins.

For bespoke work, the deposit may be used in whole or in part to purchase materials and reserve capacity.

The remaining amount must be paid before or on delivery, unless otherwise agreed in writing.

The helmet or the final result can only be released once the amount due has been paid in full, insofar as the law permits.

13. Cancellation

Because custom helmets are designed and made specifically for the client, cancellation after the work has started may have financial consequences.

In the event of cancellation by the client, FreVyDesigns may charge for the work already carried out, the materials used and the costs already incurred, insofar as the law permits.

If the client’s helmet has already been prepared, painted or otherwise worked on, it may not be possible to restore it fully to its original condition.

14. Right of withdrawal

For consumers who conclude an agreement at a distance, a statutory withdrawal period of 14 calendar days applies in principle, subject to statutory exceptions.

For goods that are personalised or made to the client’s specifications, the statutory right of withdrawal may be excluded. This is relevant for custom helmets that are designed and painted specifically according to the client’s wishes.

Where a statutory exception to the right of withdrawal applies, FreVyDesigns will inform the client of this before the agreement is concluded.

A standard, already finished helmet that was not personalised specifically for the client may be subject to different rules.

15. Approval of the design

If FreVyDesigns presents a design, mock-up or sketch to the client in advance, the client is given the opportunity to check this design.

After approval, the design is considered the basis for the work.

Changes that the client requests after the design has been approved may lead to additional costs and a longer lead time.

16. Ownership and copyright of designs

All designs, sketches, digital drawings, concepts, illustrations and other creative works made by FreVyDesigns remain the property of FreVyDesigns until otherwise agreed in writing.

Payment for a custom assignment does not automatically imply a transfer of all copyrights.

After full payment, the client obtains the use of the final physical result for personal use, unless otherwise agreed.

It is not permitted to reproduce, sell, modify or commercially use designs by FreVyDesigns without permission.

17. Supplied logos and images

When the client supplies logos, photos, drawings, images, trademarks or other materials, the client guarantees that he or she holds the necessary rights to have these materials used.

Insofar as the law permits, the client indemnifies FreVyDesigns against claims by third parties arising from the use of material supplied by the client.

18. Trademarks, logos and sponsors

When the client asks for an existing brand, team logo, sponsor logo, character or other protected mark to be applied to a helmet, the client is responsible for obtaining the necessary permission where this is required.

FreVyDesigns reserves the right to refuse an assignment if the requested design may infringe the intellectual property rights of third parties.

19. Delivery and shipping

If the helmet has to be sent to FreVyDesigns, the client is responsible for proper packaging, unless otherwise agreed in writing.

The client bears the risk during shipping to FreVyDesigns.

When the finished helmet is sent to the client, the helmet is packed carefully.

The risk during shipping is governed by the applicable statutory provisions.

20. Lead time

The expected lead time is communicated per assignment.

The lead time may depend on:

• timely payment;
• timely approval of the design;
• availability of materials;
• availability of the client;
• drying and curing times;
• additional work;
• delivery or shipping of the helmet;
• circumstances beyond the control of FreVyDesigns.

A stated lead time is not an absolute guarantee, unless expressly agreed otherwise in writing.

21. Quality and use

A custom-painted helmet requires normal and careful use.

The client must follow the instructions of FreVyDesigns regarding maintenance, cleaning and use.

Among other things, the client should avoid:

• aggressive cleaning agents;
• solvents;
• abrasive materials;
• unsuitable polishes;
• prolonged exposure to conditions for which the materials used are not intended.

Damage caused by incorrect use, careless maintenance, falls, collisions, scratches, chemicals or other external circumstances is not automatically covered by any warranty.

22. Warranty and conformity

The statutory rights of consumers with regard to conformity and the legal guarantee remain fully applicable.

FreVyDesigns cannot give any warranty for normal signs of use or for damage arising after delivery from incorrect use, accidents, impact, wear or insufficient maintenance.

The legal guarantee cannot be excluded by contract.

23. Complaints

Complaints about an order or a visible problem with the final result must be reported as soon as possible after they are noticed, via:

E-mail: frevydesigns@gmail.com

The client is asked to include photos and a clear description of the problem where possible.

FreVyDesigns will assess the complaint and, if there is a problem for which FreVyDesigns is responsible, will look for an appropriate solution in accordance with the applicable legislation.

24. Photography and portfolio

FreVyDesigns may take photos of finished projects.

Unless the client objects in writing in advance, FreVyDesigns may use photos of finished helmets for:

• the website;
• portfolio;
• social media;
• advertisements;
• marketing;
• printed matter and other promotional purposes.

If the helmet contains recognisable personal data, confidential information or other elements that should not be published, the client can report this in advance.

25. Liability

FreVyDesigns carries out its work with the necessary care and expertise.

FreVyDesigns is not liable for damage resulting from:

• information provided incorrectly or incompletely by the client;
• existing or hidden defects of the helmet;
• normal wear and tear;
• incorrect use;
• improper maintenance;
• damage after delivery;
• accidents or impact;
• work or modifications by third parties;
• force majeure.

No provision of these terms and conditions is intended to exclude the statutory liability of FreVyDesigns or the rights of consumers where such an exclusion is not permitted by law.

26. Force majeure

FreVyDesigns cannot be held liable for delay or non-performance resulting from circumstances beyond its reasonable control.

These may include, among other things:

• illness;
• technical problems;
• problems with suppliers;
• delays by carriers;
• material shortages;
• government measures;
• fire;
• natural disasters;
• power failures;
• other unforeseen circumstances.

Where possible, FreVyDesigns will inform the client of the consequences of this for the lead time.

27. Privacy

FreVyDesigns processes personal data in accordance with the applicable privacy legislation, including the General Data Protection Regulation (GDPR).

More information can be found in the privacy policy of FreVyDesigns.

28. Cookies

The website www.frevydesigns.com may use cookies and similar technologies.

More information about the use of cookies can be found in the cookie policy of FreVyDesigns.

29. Changes to these terms and conditions

FreVyDesigns may change these terms and conditions when necessary, for example because of changes in its services or in the applicable legislation.

The terms that apply to an existing agreement are those that applied at the time the agreement was concluded, unless the law provides otherwise or the parties agree otherwise.

30. Applicable law

These terms and conditions and the agreements between FreVyDesigns and the client are governed by Belgian law.

For consumers, the mandatory statutory provisions remain applicable.

Disputes are dealt with by the competent courts in accordance with the applicable Belgian legislation.

31. Contact

For questions, comments or complaints, the client can contact:

FreVyDesigns
Frederic Vyncke
Sijslostraat 125
8020 Ruddervoorde
Belgium
Company number: 0800.513.878
VAT number: BE 0800.513.878
E-mail: frevydesigns@gmail.com
Phone: +32 485 02 75 91
Website: www.frevydesigns.com