1. General Terms and Conditions

MisterU accepts requests made through its website (https://www.misteru.art) by its clients, according to the information provided by them.

When a client makes a request, MisterU remains the sole judge of the feasibility of the requested product. If MisterU deems the product to be technically unachievable, or in case of doubts on the matter, MisterU will inform the client directly. Under no circumstances can MisterU determine whether the requested product in the form required by the client is usable as intended by the client. MisterU provides the client with the manufacturing of the requested product at a fixed price. It is up to the client to either accept or reject this offer. If the offer is accepted by the client, both the client and MisterU will be bound by a contract that takes effect immediately, respectively as the principal and subcontractor.

MisterU reserves the right to have orders executed by a third party. No notice will be given to the client regarding the necessity of such outsourcing.

MisterU reminds that the manufacture of parts intended for, or that can be used in the production of weapons is in violation of regulatory prohibitions and is therefore null and void. In the event that MisterU discovers that an order involves the manufacture of such a part, all activities related to this order will be terminated immediately.

2. Payment

MisterU offers fair payment terms, based, on a case-by-case basis, on order volumes and the client's history.

Regardless of the option chosen, the client is required to pay the amount invoiced to MisterU in full, without incurring any additional charges by MisterU. If a client wishes to dispute an invoice, they must notify MisterU in writing, either by mail or by email, within a maximum of 8 days from the date of receipt of the disputed invoice.

3. Delivery

MisterU cannot be held responsible for delays in the delivery of products, or results related to contractual obligations in cases of force majeure or if these arise from circumstances making deliveries more difficult, or even impossible to carry out (including wars, states of emergency, civil unrest, social conflicts, lockouts, decrees from public authorities, shortages of raw materials, or illnesses, whether affecting MisterU or its suppliers) and even in the case of approved and binding deadlines. MisterU reserves the right to either delay its deliveries as long as these circumstances are in effect, plus a reasonable period of resumption, or to terminate all or part of the contract. These measures also apply in cases where delivery delays are solely due to MisterU's suppliers, provided that MisterU does everything in its power to ensure delivery as soon as possible.

In the event that MisterU exercises its right to terminate the contract for the reasons mentioned above, MisterU will only be obligated to refund the amounts already paid. Any other claim for compensation cannot be fulfilled.

Deliveries will be made by shipping the product(s) to the delivery address provided by the principal. MisterU's obligations are considered fulfilled once the item, properly packaged, has been handed over to the transport company. Shipping is considered as delivery and signifies the fulfillment of MisterU's contractual obligations.

4. Compensation for Defects

The principal is required to examine the delivered products as soon as possible following delivery. Any defect must be promptly reported to MisterU by the principal themselves, either in writing or by email, no later than 8 days after receipt of the products. MisterU will bear the costs of re-shipping the disqualified parts for evaluation.

If a defect is discovered, MisterU reserves the right to undertake the following actions: MisterU may attempt to correct the defect either by reworking the implicated part(s) or by replacing them. For an established defect, MisterU will be allowed three attempts to correct it. This obligation to remedy a defect becomes void if the principal has made modifications to the defective pieces or has attempted to temporarily repair them, either by their own actions or by resorting to a third party. The principal will be obliged to reimburse the costs incurred by MisterU resulting from fraudulent warranty claims.

In all cases, MisterU's obligations in the event of warranty claims are limited to the duty to remedy the defect, either at MisterU's premises or through a third-party company specifically contracted by MisterU for this task. If MisterU is unable to rework or replace the defective parts within a reasonable period, the principal shall be entitled to revoke their order or request a price reduction.

MisterU will bear the necessary costs for rework due to legitimately recognized defects, including re-shipping costs.

The principal may only assert their rights to a warranty claim within one year following the date of receipt of the ordered item(s).

5. Liabilities

MisterU cannot be held responsible for losses incurred due to the proper use of a defective product, except in cases where the defects result from either gross negligence or wrongful conduct on the part of MisterU, its employees, or its suppliers, or simply in cases of negligence in violating an essential contractual obligation.

MisterU cannot be held responsible for the use, as envisioned by the principal, of the product made according to the specifications provided by the principal to MisterU. Similarly, MisterU cannot be held responsible for losses resulting from the use, as envisioned by the principal, of the product manufactured according to the specifications provided by the principal, if such losses arise from the use of the product itself.

In the event of damages, any compensation will be limited to the amount of foreseeable and representative losses.

Any information, technical description, or recommendation from MisterU in written or image form, whether publicly accessible or personally provided, is communicated in good faith and to the best of its expertise in the matter, but does not constitute any contractual obligation. MisterU cannot be held responsible for what may result from such communications.

6. Intellectual Property Rights

MisterU retains the intellectual property rights of all parts manufactured by MisterU or on its behalf, until any claims arising from the business relationship have been settled in full. If, in the case of incorporation, amalgamation, or transformation, MisterU's intellectual property rights are combined with those of third parties, MisterU will then become a co-owner of the article into which the items provided by MisterU have been incorporated or amalgamated, or in which they have been transformed, in proportion to the value of the supplied items.

7. Publication Policy

MisterU retains the right to publish photographs and images of products manufactured and ordered by the principal, on the MisterU websites and its linked social media accounts, without seeking prior permission from the principal. This is only valid if the photographs or images do not display any trademarks (logo or name) or if the trademark in question displayed on the product is completely illegible, and the images or photographs do not present or allow inference of the product's function or application. In all other cases, MisterU is required to seek prior permission from the principal for any publication.

8. Compensations and Right of Retention

MisterU has a right of retention regarding all parts destined for the principal in the context of a specific order, for all cases where claims are made in relation to that same order.

This right of retention is also valid in the case of unresolved claims related to already completed orders.

The principal is not authorized to withhold any compensation from amounts owed to MisterU, or to assert a right of retention, unless the principal's claims are uncontested or fall within the scope of legally binding decisions.

9. Other Provisions

The city of Liège, located in Belgium, constitutes the jurisdiction for any disputes that may arise from this agreement.

This agreement is governed by Belgian law.

The principal's claims arising from this agreement cannot be transferred or assigned, unless they are uncontested, or fall within the scope of legally binding decisions.

In the event that certain specific provisions of this agreement should be invalidated, or if their validity should be annulled due to a special agreement, the validity of the remaining provisions shall remain intact. If certain specific provisions are found to be ineffective, the concerned parties shall be obliged to find an agreement on one or more clauses that correspond best to those provisions.

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