Terms and conditions

This is a courtesy translation. In case of any difference, the Dutch version prevails.

I. General

1.1 These terms apply to every agreement between the principal (hereinafter: the client) and Yannic Fréson, trading as Yannic Fréson 3D, with registered office at Tangeweg 2, 1800 Vilvoorde, Belgium, company number BE 0804.626.876, email contact@yannicfreson.be, telephone +32 470 66 32 65 (hereinafter: Yannic Fréson). This is the agreement under which Yannic Fréson undertakes to 3D print one or more items, to carry out design work, or both. The registered office is not a visiting address.

1.2 A consumer is a client who orders for private use. A business client is a client who orders for a company, an association or a profession. Where a provision applies to only one of the two, it says so. No provision of these terms limits the rights that the law mandatorily grants to a consumer.

1.3 Yannic Fréson is only bound to perform what is specified in the accepted quotation. Any additional work will be charged at the rates in force at the time of the work, which are available on request.

1.4 The client's own terms do not apply, unless Yannic Fréson has accepted them in writing.

1.5 The Dutch text of these terms is the binding version. The English version is a translation for information.

II. The quotation and the order

2.1 Quotations remain valid for 30 days after the quotation date. They are non-binding until the client accepts them. The order is final once the client accepts the quotation in writing or by email.

2.2 The quotation states the type of print (standard print or draft prototype), the material, the colour, the quantity, the price, the lead time and the delivery method. It is based on the file and the information supplied by the client. If the file, the quantity or the material changes, a new quotation is required.

2.3 Prices on the website are indicative. Only the price in the quotation is binding. The minimum order value is €10 for a standard print and €8 for a draft prototype.

2.4 Yannic Fréson may ask for a deposit or for full payment in advance. In that case the work starts once the payment has been received.

2.5 After accepting the quotation the client can no longer cancel or change the order, except in the cases provided by law or by these terms. If the client cancels nevertheless, the deposit will be retained and the work already carried out remains due.

2.6 Yannic Fréson reserves the right to cancel the order if the client does not supply the requested information or files, or if the job falls under article 4.6. The deposit will then be refunded, less the work already carried out.

III. Prices

3.1 All prices are final: small enterprise under the VAT exemption scheme, VAT not applicable. No VAT is charged and no VAT appears on the invoice.

3.2 Shipping and delivery costs are stated separately in the quotation.

3.3 Design work costs €60 per hour and is charged per 15 minutes, with a minimum of 30 minutes. The number of hours in the quotation is an estimate. The hours actually worked are charged. If the work is likely to exceed the estimate, Yannic Fréson first asks for the client's agreement.

IV. Performance

4.1 Yannic Fréson independently decides how the agreement is carried out. He has the right to carry out anything not expressly described when the quotation was accepted, such as the print orientation, the infill, the support material and the position of the seam, according to his own technical and creative judgement.

4.2 For design work and advice Yannic Fréson is bound only by an obligation of means, expressly excluding any obligation of result. If the client approves a design, they accept its shape and dimensions.

4.3 Yannic Fréson is entirely free to choose the third parties he works with to carry out the agreement, such as material suppliers and carriers, unless expressly agreed otherwise.

4.4 Yannic Fréson prints with the FDM technique, in which molten plastic is built up layer by layer, with 0.2 mm layers as standard. The following characteristics are part of the technique and of the agreed product. They are not a defect:

• layer lines that can be seen and felt, especially on sloped and curved surfaces;
• a seam where a layer starts and ends, and a rougher surface where support material was removed;
• differences in appearance between the bottom, the top and the sides;
• dimensional deviations of a few tenths of a millimetre, and holes that come out slightly smaller than drawn. A specific tolerance applies only if it is stated in the quotation;
• colour deviations compared with a screen or a render, and between two spools of filament of the same colour;
• strength that depends on the print orientation and the design. Prints are not tested or certified for a given load;
• deformation by heat. PLA softens from about 55 to 60 °C;
• a print is not watertight, unless that was agreed in the quotation.

4.5 The following are not a defect either:

• an item that matches the file, the dimensions and the material the client chose, even if as a result it does not fit, does not work or turns out to be unsuitable for the use the client had in mind. The client is responsible for the dimensions, fit and function of their own design and for the accuracy of the dimensions they supply;
• unsuitability for a particular use that the client did not communicate beforehand and that Yannic Fréson did not accept in the quotation;
• the consequences of use outside what was agreed, of misuse, of a fall, of a modification or post-processing by the client or by third parties, and of exposure to heat, moisture or load beyond what the material can take.

4.6 Yannic Fréson may refuse any job, without giving a reason. The following are never printed or designed: weapons, weapon parts and imitation weapons; items intended to hurt someone or to do something unlawful; items that clearly infringe third-party rights; keys and access-control parts where the client does not show their entitlement; safety-critical parts, including for vehicles, climbing gear, lifting gear and personal protective equipment; medical devices; toys and childcare articles; items that come into contact with food.

4.7 The prints are decorative or functional objects. They are not toys, are not intended for children under 14 and may contain small parts. They are not suitable for contact with food. They are not tested or certified for a given load, for electrical safety or for medical use. If the client builds a print into their own product or resells it, the client is responsible for the safety and compliance of that end product.

V. Draft prototype

5.1 A draft prototype is a second type of print next to the standard print. Its purpose is to check shape and fit. It is printed on the printer's faster speed profile and delivered without finishing: the support material is removed and nothing else.

5.2 The agreed quality of a draft prototype is expressly lower than that of a standard print. Visible ringing in the surface, rougher faces, and seams and overhangs as they come off the printer are part of this product and are not a defect. A draft prototype is not intended for parts that must look finished, be watertight or carry load.

5.3 The quotation states expressly that it concerns a draft prototype and lists the characteristics in article 5.2. By accepting that quotation, the client confirms expressly and separately that they know and accept these characteristics.

5.4 The target lead time is 1 to 2 working days after the quotation is accepted, for a part or a small set that prints within one day. For larger jobs the date is in the quotation. A draft prototype cannot be combined with the rush surcharge.

5.5 If a draft prototype fails during printing, it is printed once more at no extra cost. If that second attempt also fails, there is no delivery, the agreement ends for that item and the price paid for it is refunded. No other compensation is due.

5.6 This chapter does not limit the consumer's legal rights. The legal guarantee in chapter VIII also applies to a delivered draft prototype and is assessed against what was agreed for this product. The characteristics in article 5.2 are therefore not a lack of conformity. An item that fails to match the quotation in another respect, such as a different material, a different model or an incomplete part, is.

VI. Delivery and risk

6.1 The lead time for a standard print is 3 to 5 working days after the quotation is accepted, or after payment has been received if payment in advance was requested. This is a target. A fixed date applies only if it is stated in the quotation.

6.2 For consumers the statutory maximum of 30 days applies, unless another period was agreed. If that period is not met, the consumer may allow an additional, appropriate period. If there is still no delivery, the consumer may end the agreement and the amount paid is refunded.

6.3 For business clients, exceeding the lead time gives no right to compensation or cancellation, unless a fixed date is stated in the quotation.

6.4 Delivery takes place in the way stated in the quotation: personal delivery to the address given by the client, on an agreed day, or shipping by carrier.

6.5 When shipping to a consumer, the risk of loss or damage passes, as the law provides, when the consumer or a person designated by them receives the parcel. When shipping to a business client, the risk passes on handover to the carrier.

6.6 If the client is not present at the agreed delivery time, or a parcel comes back as undeliverable because of an incorrect address or because it was not accepted, a new delivery or shipment is arranged and the price remains due. For business clients the costs of that new delivery or shipment are borne by the client. A consumer is charged only the actual costs of the new delivery or shipment, and only if the failed delivery is attributable to them.

6.7 An item or sample that the client makes available for measuring is sent by the client or fetched by Yannic Fréson at the client's address. Shipment to Yannic Fréson is at the client's cost and risk. The item is returned with the delivery, unless agreed otherwise. Yannic Fréson is not liable for wear or damage inherent in measuring or dismantling the item.

VII. Right of withdrawal

7.1 Every print is made to order, from the client's file or to the client's wishes. For goods made to the consumer's specifications, the law provides no right of withdrawal (article VI.53, 3° of the Belgian Code of Economic Law). The consumer therefore cannot return or cancel an ordered print within 14 days. By accepting the quotation, the consumer confirms that they know this. This does not affect the legal guarantee in chapter VIII.

7.2 If a consumer orders design work at a distance as a separate service, they have a right of withdrawal of 14 days from acceptance of the quotation. They exercise it by an unambiguous statement to contact@yannicfreson.be. They may use the statutory model withdrawal form for this (annex 2 to Book VI of the Belgian Code of Economic Law), but are not obliged to.

7.3 Yannic Fréson only starts the design within those 14 days at the consumer's express request. If the consumer then withdraws, they pay for the part of the work already carried out. The right of withdrawal ends once the design has been fully carried out, if the consumer expressly agreed beforehand to the start and acknowledged that they would then lose their right of withdrawal. After a valid withdrawal the amount due is refunded within 14 days, using the same means of payment.

7.4 If a consumer orders at a distance an item that is not made to their specifications, the statutory 14-day right of withdrawal applies. The quotation then says so expressly.

VIII. Legal guarantee and complaints

8.1 Yannic Fréson gives no commercial guarantee. The client has only the rights the law grants, which are set out in this chapter.

8.2 The consumer has the legal guarantee of two years from delivery (articles 1649bis to 1649octies of the former Belgian Civil Code). It covers any lack of conformity that exists at delivery and becomes apparent within those two years. What is in conformity with the agreement and what is not a defect is set out in articles 4.4, 4.5 and 5.2.

8.3 In the event of a lack of conformity the consumer is entitled to repair or replacement free of charge, at their choice, unless the chosen remedy is impossible or would involve disproportionate costs. For a print, replacement consists of a new print. In the cases the law provides, the consumer is entitled to a price reduction or to termination of the agreement with a refund. Termination is not available for a minor defect.

8.4 The consumer reports a lack of conformity in writing within two months of noticing it, to contact@yannicfreson.be.

8.5 The following applies to business clients. Yannic Fréson does not warrant that an item is fit for any particular purpose or use. Complaints about the delivery must be submitted to Yannic Fréson in writing no later than seven days after delivery. Complaints after this period will no longer be accepted. A hidden defect must be reported in writing no later than seven days after it is discovered and no later than six months after delivery. If a complaint is justified and on time, Yannic Fréson reprints the item or refunds the print price of that item, at his choice. A complaint does not suspend the obligation to pay.

IX. Liability

9.1 Yannic Fréson is not liable for damage resulting from an error in the client's file or design, from incorrect dimensions or information supplied by the client, from the client's choice of material, or from use the item was not intended or agreed for.

9.2 Business clients only: the total liability of Yannic Fréson, on whatever ground, is limited to the print price of the item concerned. Yannic Fréson is not liable for indirect damage, such as lost profit, downtime, costs of fitting or removal, damage to other goods or consequential damage.

9.3 No provision limits the liability of Yannic Fréson for intent, for gross fault or for physical injury caused by his act or omission, nor any liability towards consumers that the law does not allow to be excluded.

9.4 In a case of force majeure, such as a broken printer, a supply problem at a supplier, unavailability or illness, or a carrier delay, delivery is postponed for as long as the force majeure lasts. If it lasts longer than 30 days, either party may end the agreement and the client is refunded what they paid for what was not delivered. No other compensation is due.

X. Payment and invoicing

10.1 No later than seven days after delivery, Yannic Fréson will send the client an invoice. If work was carried out that was not included in the quotation, Yannic Fréson will send the client the final settlement via the invoice. Disputes about the invoice by a business client must be submitted to Yannic Fréson in writing no later than seven days after receipt of the invoice. Disputes after this period will no longer be accepted.

10.2 The client must pay the invoice no later than 30 days after receipt if they are a business client, and no later than 14 days after receipt if they are a consumer. The actual payment term is stated on the invoice.

10.3 Business clients only: if the invoice has not been paid in full within this period, late-payment interest of 1% of the outstanding amount will be charged monthly, without any notice of default, until payment has been received in full. To cover the administrative, financial and organisational costs caused by late payment, the client will owe a surcharge of 10% of the total invoice amount, with a minimum of 50 euros. Yannic Fréson must first substantiate these additional costs.

10.4 Consumers only: in the event of late payment Yannic Fréson first sends a reminder free of charge. Interest and compensation can then only be charged under the conditions and within the limits of Book XIX of the Belgian Code of Economic Law.

10.5 Delivered items remain the property of Yannic Fréson until payment in full.

XI. Files and intellectual property

11.1 The client confirms that they made the design they supply themselves, or that they have the right to have it printed, and that the print does not infringe third-party rights. Yannic Fréson is not responsible for obtaining any permission for it. Any claim by a third party, including a claim based on intellectual property rights, GDPR or privacy, is the responsibility of the client.

11.2 Yannic Fréson is not obliged to check a client's file for errors, dimensions or suitability, nor to improve it. Changes to a file are design work and are charged in accordance with article 3.3.

11.3 The client's design remains the client's. Yannic Fréson uses the file only to make the quotation and carry out the order. An item made to a client's design is only shown as an example with the client's prior permission.

11.4 The files of a completed order are kept in the digital archive for 1 year before being deleted. After that, they can no longer be requested.

11.5 Designs made by Yannic Fréson are protected by copyright and always remain his intellectual property. Once payment has been made in full, the client may use the design and have it printed for personal purposes. If the client uses the design for commercial purposes, they must obtain a licence. A licence can be obtained on request, for an appropriate fee. The 3D file is only handed over if that was agreed in the quotation.

11.6 Images of work made for a client are only published on Yannic Fréson's website and social media, as examples or to promote his own services, when the client has agreed to this in advance.

11.7 In the event of infringement, legal action may be taken.

XII. Personal data

12.1 The processing of personal data and of files is described in the privacy policy.

XIII. Applicable law and competent court

13.1 Belgian law applies to these terms and to every agreement. A consumer who lives in another Member State of the European Union keeps the protection of the mandatory provisions of the law of their place of residence.

13.2 All disputes arising from the performance of the agreement and all disputes about the interpretation of the agreement shall be submitted to the court of the judicial district of Leuven. A consumer may also bring a dispute before the court of their own place of residence.

13.3 If a provision of these terms is invalid, the remaining provisions continue to apply.