Terms & Conditions
VERSION 1.0 · EFFECTIVE 12 AUGUST 2026
Article 1. Identity of the company
Birdie & Branding is a trade name of Kemphaan Consulting BV.
- Registered office: Spoorweglei 52, 2560 Nijlen, Belgium
- Company and VAT number: BE 1017.706.578
- Email: info@birdiebranding.eu
- Website: birdiebranding.eu
Referred to below as "we", "us" or "Birdie & Branding".
Article 2. Scope
2.1. These terms apply to every offer, quotation, order and agreement between Birdie & Branding and the customer, to the exclusion of the customer's own terms.
2.2. By placing an order or accepting a quotation, the customer confirms having read these terms and accepting them in full.
2.3. Deviations are valid only where expressly confirmed by us in writing, and apply solely to the agreement for which they were granted.
2.4. We may amend these terms. Each agreement is governed by the version in force at the time it was concluded.
Article 3. Definitions
- Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
- Business customer: any customer who is not a consumer, including golf clubs, pro shops, associations and companies.
- Personalized product: any product made to the customer's specifications or clearly intended for a specific person or group, including products bearing a name, nickname, logo, crest or other design supplied or approved by the customer.
- Supplied material: any file, logo, crest, image, text or design the customer provides to us for reproduction.
- Proof: the digital representation of the product to be produced, submitted to the customer for approval.
Article 4. Offers and pricing
4.1. All prices are expressed in euro.
4.2. Prices quoted to consumers include VAT. Prices quoted to business customers exclude VAT unless expressly stated otherwise.
4.3. Shipping costs, any set-up charges and surcharges for additional options are stated separately before the customer confirms the order.
4.4. The offer on the website is indicative and does not constitute a binding offer. We are not bound by manifest material errors or typographical mistakes in prices or product descriptions.
4.5. We reserve the right to change our prices. Price changes do not affect orders already confirmed.
Article 5. Quotations
5.1. Quotations are valid for thirty calendar days from the date of issue unless another period is stated.
5.2. A quotation does not automatically apply to future orders and is based on the information supplied by the customer at that time. If that information proves inaccurate or incomplete, we may revise the quotation.
5.3. Composite quotations do not oblige us to deliver part of the order for a corresponding part of the price.
Article 6. Formation of the agreement
6.1. The agreement is formed at the moment we confirm the customer's order in writing or by email.
6.2. We reserve the right to refuse an order or make it subject to additional conditions, including where the supplied material cannot be produced technically, where it conflicts with article 7, where the customer has an outstanding debt, or where the quantity requested exceeds our production capacity.
6.3. A refusal does not give rise to compensation. Any payments already received are refunded.
Article 7. Supplied material and intellectual property
7.1. The customer warrants that they hold all rights necessary to have the supplied material reproduced, including copyright, trademark rights and image rights.
7.2. The customer fully indemnifies Birdie & Branding against any third party claim relating to the supplied material, including reasonable legal costs.
7.3. Use of a club logo, association crest or other protected sign requires the rights holder's permission. We may request written evidence of that permission and suspend the order until it is provided.
7.4. We refuse work that infringes third party rights or contains content that is racist, discriminatory, hateful, threatening, obscene or otherwise unlawful.
7.5. Designs created by us on the customer's instruction remain our intellectual property until payment in full. On payment in full the customer obtains a non-exclusive right of use for the agreed purpose. Transfer of copyright requires a separate written agreement.
7.6. We may use images of delivered products for our own promotion unless the customer objects in advance and in writing. Personal data and confidential club information are not shown.
Article 8. Proof and approval
8.1. For every personalized order the customer receives a digital proof for approval.
8.2. The customer is responsible for checking the proof, in particular spelling, names, numbers, colours and placement.
8.3. Once the proof is approved in writing or electronically, the order is final. Changes after approval are possible only if production has not started and may incur additional costs.
8.4. Errors present in the approved proof are not our responsibility and give no right to replacement, refund or compensation.
8.5. If the customer does not approve or comment on the proof within fourteen calendar days, we may suspend or cancel the order.
Article 9. Personalized goods and right of withdrawal
9.1. Under article VI.53, 3° of the Belgian Code of Economic Law, the consumer has no right of withdrawal for the supply of goods made to the consumer's specifications or clearly personalized.
9.2. All personalized products fall under this exception. The consumer expressly acknowledges this on approving the proof and loses the right of withdrawal at that moment.
9.3. For non-personalized products the consumer has fourteen calendar days from the day of receipt to withdraw from the agreement without giving reasons.
9.4. The consumer notifies withdrawal by email to info@birdiebranding.eu, quoting the order number. The consumer may use the model withdrawal form, which we provide on request.
9.5. The consumer returns the product within fourteen calendar days of notification, unused, undamaged and in its original packaging. The direct cost of return is borne by the consumer unless the product was faulty or non-conforming.
9.6. We refund the amounts received within fourteen calendar days of receiving the returned product or proof of dispatch, using the same means of payment as the original transaction.
9.7. The right of withdrawal does not apply to business customers.
Article 10. Sample programme
10.1. We offer interested parties the opportunity to submit a design that we may use to test new products and production techniques.
10.2. By submitting a design, the participant grants us permission to reproduce that design on test products. Article 7 applies in full to submitted material.
10.3. Participation confers no right to production. We decide freely whether, when and on which product a submitted design is tested.
10.4. If we do use a submitted design for a test, we provide the resulting item to the participant free of charge. Shipping within Belgium is included; shipping outside Belgium may be charged.
10.5. Test products are by definition trial pieces. They are supplied as they are and fall outside article 14, without prejudice to the consumer's mandatory rights.
10.6. We may amend or end the sample programme at any time. Commitments already made remain valid.
Article 11. Delivery
11.1. Deliveries are made to the address supplied by the customer, who is responsible for its accuracy and completeness.
11.2. Any delivery period we communicate is an estimate and not a binding deadline. Periods begin after proof approval and, where applicable, after receipt of payment.
11.3. Turnaround depends in part on material availability from our suppliers. We inform the customer as soon as we become aware of any significant delay.
11.4. Exceeding an estimated period gives no right to compensation or termination unless the delay is unreasonable and the customer has given us written notice of default with a reasonable additional period.
11.5. For consumers we deliver within thirty calendar days of the agreement being concluded, unless another period has been expressly agreed.
11.6. Risk of loss or damage passes to the customer when they take physical possession of the goods. For business customers, risk passes on handover to the carrier.
11.7. We may make partial deliveries and invoice them separately.
Article 12. Payment
12.1. Consumers pay in full when ordering, unless otherwise agreed.
12.2. Business customers and clubs may, by express agreement, pay within thirty calendar days of the invoice date. We may request a deposit for a first order or for larger orders.
12.3. On late payment, interest is due by operation of law and without notice of default. For business customers the rate is that set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus fixed recovery costs of 40 euro.
12.4. For consumers, statutory interest and a penalty clause apply on late payment in accordance with Book XIX of the Belgian Code of Economic Law, following a free first reminder and expiry of the period stated in it.
12.5. In the event of non-payment we may suspend ongoing orders until payment in full.
12.6. Delivered goods remain our property until payment in full of principal, costs and interest.
Article 13. Colours, materials and tolerances
13.1. Colours shown on a screen or in a digital proof may differ from the final result on leather, synthetic leather, metal, wood, glass or plastic.
13.2. Limited variation in colour, positioning, size or material texture is inherent to the production process and does not constitute a defect. A positional tolerance of two millimetres applies as a guide.
13.3. Natural materials such as leather show variation in grain and structure. Such variation is not a defect.
13.4. Repeat orders may show slight colour variation compared with an earlier run.
Article 14. Statutory guarantee and conformity
14.1. Consumers benefit from the statutory two year guarantee for lack of conformity existing at delivery and becoming apparent within that period, in accordance with Book VI of the Belgian Code of Economic Law.
14.2. The consumer notifies us within two months of discovering the defect.
14.3. Where there is a lack of conformity, the consumer is entitled to repair or replacement and, failing that, to an appropriate price reduction or termination of the agreement.
14.4. The guarantee does not cover normal wear, damage from incorrect use, unsuitable care, exposure to extreme conditions, or alterations made by the customer or third parties.
14.5. For business customers our guarantee is limited to six months from delivery and to repair or replacement at our option.
Article 15. Complaints
15.1. Visible defects and non-conforming deliveries must be reported by email within seven calendar days of receipt, with a clear description and photographs.
15.2. Hidden defects must be reported within seven calendar days of discovery.
15.3. Using, processing or reselling a product after a defect has been identified constitutes acceptance.
15.4. A complaint does not suspend the obligation to pay.
15.5. We seek in the first instance to remedy the defect by repair or replacement.
Article 16. Cancellation
16.1. Cancellation by the customer is possible only with our written consent.
16.2. On cancellation before proof approval, design and preparation costs incurred up to that point are charged, with a minimum of fifty euro.
16.3. On cancellation after proof approval but before production starts, a fixed fee of thirty percent of the order value is due.
16.4. Once production of personalized products has started, cancellation is no longer possible and the full order value remains due.
Article 17. Liability
17.1. Our liability is limited to the invoiced amount of the order concerned.
17.2. We are not liable for indirect loss, including lost profit, loss of turnover, reputational harm, missed savings, or loss arising from delay at an event or tournament.
17.3. These limitations do not apply in cases of fraud, intent or gross negligence, in the event of harm to a person's life or health, or where mandatory law provides otherwise.
17.4. We are not liable for the consequences of inaccurate, incomplete or late information supplied by the customer.
Article 18. Force majeure
18.1. We are not liable for failure to perform our obligations as a result of force majeure.
18.2. Force majeure includes interruptions in supply, breakdown or failure of production equipment, fire, flood, power or network outage, strike, transport disruption, government measures and epidemics.
18.3. In the event of force majeure our obligations are suspended for the duration of the situation. If it lasts longer than sixty calendar days, either party may terminate the agreement at no cost.
Article 19. Processing of personal data
Personal data is processed in accordance with our privacy policy and the General Data Protection Regulation.
Article 20. Severability and entire agreement
20.1. If any provision of these terms is found to be wholly or partly void, invalid or unenforceable, the remainder of the terms remains in full force.
20.2. The invalid provision is replaced by a valid provision that comes as close as possible to the parties' original intention.
20.3. Failure to exercise a right under these terms does not constitute a waiver of that right.
Article 21. Governing law and disputes
21.1. All agreements are governed exclusively by Belgian law.
21.2. Disputes fall within the exclusive jurisdiction of the courts of the judicial district of Antwerp, Mechelen division. In relation to consumers, this provision applies only to the extent compatible with mandatory rules on jurisdiction.
21.3. Consumers may contact the Belgian Consumer Ombudsman Service free of charge at Koning Albert II-laan 8 box 1, 1000 Brussels, or the European online dispute resolution platform at ec.europa.eu/consumers/odr.