Terms and Conditions

These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Oh My People, with its registered office at Koning Albertlaan 31, 3320 Hoegaarden, and registered in the Crossroads Bank for Enterprises (KBO) under number 0669.807.764 (hereinafter: “Oh My People”).

Article 1 – Scope of Application

These General Terms and Conditions apply to every offer, every quotation, and every agreement entered into with respect to products and/or services offered by us.

These General Terms and Conditions apply to the exclusion of the Customer’s general terms and conditions.

Article 2 – Quotations

Our quotations are purely indicative and non-binding and expire if they are not accepted by the Customer within 30 calendar days. Quotations become legally binding only upon signature by both the Customer and us. We also reserve the right to refuse certain orders without providing a reason.

Article 3 – Price and Payment

The price for our goods/services is as stated in the quote.

All of our invoices are due within 14 days of receipt, unless the quote specifies a different due date. If we request an advance payment, we will not begin our work until we have received the advance payment.

For any delay in payment, the Customer shall owe, by operation of law and without prior notice of default, late payment interest of 1% per month or part thereof, starting from the invoice due date, with each month or part thereof counting as a full month, without prejudice to any damages and costs. Likewise, a lump-sum compensation of 10% of the invoice amount, with a minimum of 250 euros, is due by operation of law and without prior notice of default as a liquidated damage clause, in addition to the principal amount, default interest, collection costs, reminder fees, litigation costs, and expenses resulting from loss of time, as well as judicial or legal costs. This penalty clause does not affect the obligation to pay the stipulated default interest.

Disputes must be submitted to us by certified mail within five business days of the invoice’s issuance, or they will be deemed inadmissible.

Article 4 – Term of the Agreement and Termination

Our agreements may be entered into as described in our quotations. We may terminate the agreement at any time, unilaterally and without judicial intervention, if the Customer is in bankruptcy or under a judicial composition agreement, or if the Customer fails to pay its invoices.

Article 5 – Intellectual Property Rights

Our website, logos, text, photos, names, and, in general, all of our communications are protected by intellectual property rights held either by us, our suppliers, or other rights holders.

Intellectual property rights are defined as patent, copyright, trademark, and design rights, and/or other (intellectual property) rights, including technical and/or commercial know-how, methods, and concepts, whether or not they are patentable.

It is prohibited to use and/or make changes to the intellectual property rights described in this article. For example, the Customer may not copy or reproduce our drawings, photographs, names, texts, logos, color combinations, etc., without our prior and express written consent.

Article 6 – Confidentiality and Privacy

We are the data controller for your personal data and process it in accordance with the General Data Protection Regulation.

For more information about the processing of personal data, please refer to our privacy policy and cookie policy.

Article 7 – Liability

We are not liable except in cases of willful misconduct or gross negligence. Furthermore, we are not liable for any direct or indirect damages (such as, for example, consequential damages, lost profits, lost savings, or damages resulting from business interruption) for which we have not expressly stipulated our liability in these terms and conditions. Our liability shall in all cases be limited to the amount of the price stipulated for that order (excluding VAT).

We make every effort to provide access to the website 24 hours a day, 7 days a week. However, given the technical nature of the Internet and IT systems, and the need to perform periodic maintenance, updates, or upgrades, we cannot guarantee uninterrupted access or service. In the event of a reasonably acceptable interruption or disruption of access or service, we will do everything in our power to resolve the issue as quickly as possible. Such reasonably acceptable interruptions or disruptions are inherent to the provision of services via the Internet and cannot be considered defects.

Article 8 – Force Majeure

In the event of force majeure, we are not obligated to fulfill our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or terminate the agreement permanently.

Force majeure refers to any circumstance beyond our control that prevents us from fulfilling our obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, operational disruptions, power outages, disruptions in a (telecommunications) network or connection or in the communication systems used, and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other engaged third parties, and so on.

Article 9 – Nullity and Completeness

These Terms and Conditions constitute the entire agreement between the Customer and us with respect to the matters set forth herein.

If one or more provisions of these General Terms and Conditions should at any time be wholly or partially unlawful, void, or unenforceable for any other reason, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Article 10 – Jurisdiction and Governing Law

Belgian law applies to all disputes related to or arising from our offers and/or agreements. In the event of a dispute or disagreement, only the courts of the judicial district in which our registered office is located shall have jurisdiction.