Terms & Conditions

Versie 1.0 from 06/2026

This English translation is for information purposes only and has no legal value. The Dutch version of these terms and conditions shall prevail in case of any inconsistency or dispute

These general terms and conditions apply to all offers, quotations, agreements and deliveries of goods by NV CLICKTOUCH, with its registered office at 9890 Gavere, Legen Heirweg 37, registered in the Register of Legal Entities under number 0429.713.265 (hereinafter CLICKTOUCH) to the customer. A ‘customer’ is any natural person or legal entity acting in the course of their professional activity or business and who enters into a contract with CLICKTOUCH. By placing an order, entering into an agreement, or accepting a quotation, the customer expressly declares that they have taken note of these general terms and conditions and accept them. The customer acknowledges that, prior to the conclusion of the contract, they had a reasonable opportunity to take note of the content of these general terms and conditions .

In the event of any conflict between the provisions of special terms and conditions or an individual contract and these general terms and conditions, the provisions of the individual contract shall take precedence.

Artikel 1. Offers and conclusion of the agreement

1.1 All price calculations, offers and quotations from CLICKTOUCH are valid for 3 months from the date of the quotation, unless expressly stated otherwise in the quotation.

1.2 A contract is concluded by the customer’s written acceptance within the validity period, or by CLICKTOUCH’s written order confirmation of an order placed by the customer. If the customer accepts the quotation after the validity period has expired, CLICKTOUCH reserves the right to revise the terms and conditions.

1.3 The customer must communicate all requirements, specifications and intended uses to CLICKTOUCH in writing. The quotation applies exclusively to what is included therein. Additions, changes or unstated specifications may be subject to an additional charge and an adjusted delivery time, or may be refused by CLICKTOUCH.

1.4 Changes, additions or verbal commitments are only valid upon written confirmation by CLICKTOUCH.

Artikel 2. Framework contracts and purchase

obligations

2.1 By entering into a framework contract, the customer undertakes to purchase the agreed quantity of goods (hereinafter: “Total Contract Volume”) within the agreed contract period by means of periodic orders (“Call-offs”). The contract period commences on the date of delivery of the first call-off by the customer, unless otherwise agreed in writing between the parties.

2.2 Upon conclusion of the framework contract, the customer must submit an indicative purchase schedule setting out the expected distribution of purchases over the contract period. The first call-off must be placed within 30 calendar days of the signing of the framework contract, unless otherwise agreed in writing. If no call-off has been made by the end of this period, the date of signing of the framework contract shall be deemed the starting point of the period.

2.3 Delivery times remain indicative and are not binding. CLICKTOUCH will endeavour to deliver the goods within the specified timeframe, but cannot be held liable for delays attributable to, amongst other things, suppliers or other external factors.

2.4 If the first call-off is not placed by the customer within the agreed period, CLICKTOUCH reserves the right to:

2.5 To ensure a balanced distribution of purchases, the Customer undertakes to purchase the Total Contract Volume spread over the entire term of the Agreement, with at least 20% of the Total Contract Volume being purchased each quarter, calculated pro rata temporis in proportion to the contract duration, unless otherwise agreed in writing.

2.6 If, at the end of the contract period, the Customer has not purchased the full Total Contract Volume, CLICKTOUCH is entitled to: invoice the remaining volume at the agreed price.

2.7 All of the above applies without prejudice to the provisions regarding force majeure and unforeseeable circumstances.

Artikel 3. CE marking and intended use

3.1 All products and solutions supplied by CLICKTOUCH are intended exclusively for professional and industrial use in a B2B context. The products are not designed, tested or certified for consumer use. Unless expressly stated otherwise in the quotation or order confirmation, CLICKTOUCH’s products are supplied without CE marking. The Customer acknowledges and accepts that CLICKTOUCH is not responsible for obtaining CE marking or other product certifications, unless this has been agreed in writing.

3.2 If the Customer wishes the products to comply with specific certification requirements, including but not limited to CE marking, the Customer must expressly request this in writing prior to placing the order. CLICKTOUCH will assess the feasibility and additional costs of such certification and submit a revised quotation. All costs associated with obtaining product certifications, including but not limited to CE marking, shall be borne entirely by the Customer.

3.3 The Customer is expressly prohibited from reselling the products or making them available to consumers without the prior written consent of CLICKTOUCH. When granting such consent, CLICKTOUCH may impose additional conditions, including the obtaining of the necessary certifications at the Customer’s expense.

3.4 For the performance of the agreement, CLICKTOUCH uses standard materials available on the market that meet the usual quality requirements for the type of goods in question. Specific requirements in this regard (including but not limited to, for example, lightfastness of print colours, food compatibility, specific adhesive and cleaning properties, protection against condensation, extreme temperatures, chemical agents, UV, mechanical stress, humidity, and electromagnetic shielding) shall only be accepted following explicit written confirmation by CLICKTOUCH

Artikel 4. Prices

4.1 All prices are quoted in euros or USD and exclude VAT and other charges, unless otherwise stated.

4.2 All taxes, duties and/or levies relating to the goods supplied or their transport, including new taxes introduced after the contract has been concluded, shall be borne by the customer.

4.3 If a deposit is requested, this will be explicitly stated in the quotation. Deposits paid are non-refundable and cannot be reclaimed by the customer.

4.4 CLICKTOUCH reserves the right to adjust prices unilaterally (i) in the event of changes to the information or data provided by the customer, or if such information proves to be incorrect or incomplete, (ii) if the price of goods purchased by CLICKTOUCH from third parties is increased or such goods are (temporarily) unavailable from the usual suppliers, (iii) and/or (iii) in the event of an increase in labour costs, social security contributions, taxes, the price of raw materials, materials, transport costs or energy prices in the case of in-house production, in which case the price increase in question shall be proportionate and take account of the prevailing price increases.

4.5 CLICKTOUCH shall inform the customer in writing of any price adjustment at least 30 calendar days before it takes effect. The customer has the right to object to the price adjustment within 15 calendar days of notification. In the event of a price increase of more than 10%, the customer has the right to terminate the agreement in writing within 15 calendar days of notification of the price increase, without either party being entitled to compensation.

Artikel 5. Terms of Payment

5.1 Invoices are payable within 30 calendar days of receipt, subject to the express condition that a favourable opinion is obtained from our credit insurer, unless otherwise expressly stipulated. The date of receipt of the invoice is presumed to be the third working day following the invoice date, unless the customer provides evidence to the contrary. Any disputes regarding invoices must be reported in writing within 8 calendar days of receipt of the invoice, failing which the invoice shall be deemed to have been accepted.

5.2 All costs for tooling as referred to in Article 7 must be paid in full in advance by the customer. CLICKTOUCH is entitled to suspend the production of tooling and/or goods until full payment of the tooling costs has been received.

5.3 In the event of late payment, interest of 1% per month or part thereof shall be payable by operation of law and without prior notice of default. Furthermore, if the invoice remains wholly or partially unpaid on the due date without valid reason, CLICKTOUCH shall be entitled, without notice of default, to claim liquidated damages of 10% of the outstanding amount, subject to a minimum of EUR 250.00.

5.4 In the event of non-payment of an invoice by the due date, all other outstanding claims against the customer shall become due and payable by operation of law and without prior notice of default. In such a case, CLICKTOUCH also reserves the right to suspend the fulfilment of all current orders, without prior notice of default and without liability for damages.

5.5 If the customer is granted expressly the privilege of settling outstanding amounts in instalments, the customer shall, in the event of failure to meet a single instalment, forfeit the benefit of the instalment plan and the outstanding amount shall become immediately due and payable, including all costs, interest and penalty clauses.

5.6 The customer acknowledges that invoices to Belgian customers will be sent electronically by CLICKTOUCH via the Peppol network. The customer is responsible for their timely registration and activation on the Peppol network and for the correct provision of all required identification and routing details. Any negligence on the part of the customer in this regard does not in any way release the customer from their payment obligations.

Artikel 6. Delivery and retention of title

6.1 The delivery time communicated by CLICKTOUCH is always indicative and serves merely as a target date, unless otherwise agreed in writing between the parties. The mere exceeding of the indicative delivery time does not in itself constitute a breach of contract.

6.2 CLICKTOUCH retains title to the goods delivered and/or ordered until full and effective payment of the principal sum and any interest, costs and taxes relating thereto. The customer is not entitled to dispose of, pledge or otherwise encumber the goods as long as ownership has not been transferred. In the event of non-payment on the due date, CLICKTOUCH is entitled to take back the goods at the customer’s expense and is entitled to assert its right to compensation.

6.3 The risk of loss, theft or damage to the goods passes to the customer at the moment CLICKTOUCH makes the goods available to the standard carrier used by CLICKTOUCH at the agreed place of delivery, in accordance with the Incoterm FCA (Free Carrier). CLICKTOUCH passes on the full shipping cost to the customer. Only if the customer expressly designates their own carrier/forwarder in writing in advance will the goods be handed over to that carrier. In that case, the risk of loss or damage passes to the customer at the moment the goods are made available to that carrier.

6.4 CLICKTOUCH is entitled to deliver up to ten per cent (10%) more or less than the quantity ordered. The excess or shortfall in quantities thus delivered will be debited or credited respectively at the rate applicable to additional quantities.

Artikel 7. Toolings

7.1 Toolings, moulds and other production-specific tools developed and invoiced specifically for the customer (hereinafter: “Toolings”) shall become the property of the customer upon full payment.

7.2 CLICKTOUCH shall store the Toolings free of charge at its facilities for a period of two ( 2) years from the date of the last production order in which these Toolings were used. The Toolings shall be stored at CLICKTOUCH at the Customer’s risk. The Customer acknowledges that it cannot hold CLICKTOUCH liable for any theft, loss, damage or destruction of the Toolings during storage, except in the event of wilful damage by CLICKTOUCH.

7.3 CLICKTOUCH has the exclusive right to use the Toolings and shall use them solely for the production of goods intended for the Customer.

7.4 At the end of the two (2) year storage period, the Customer must notify CLICKTOUCH in writing, no later than 30 days before the expiry of the period, of its intention to exercise one of the following options:

7.5 If the customer fails to respond in writing at least 30 days before the end of the storage period, CLICKTOUCH shall be entitled to destroy the tooling.

7.6 CLICKTOUCH reserves a right of retention over all Toolings held in its custody. This is to secure all existing and future claims against the customer, regardless of the title under which these items remain with CLICKTOUCH.

Artikel 8. Designs, prototypes, pre-serial runs

8.1 Development and production proceed through successive approval stages: (a) design, (b) prototype(s), (c) pre-serial run and (d) series production. Each stage requires the customer’s express written approval before proceeding to the next stage or to series production.

8.2 CLICKTOUCH presents the results of each stage to the customer. The customer must, within 10 working days of receipt, approve in writing or reject with reasons, specifying concrete requests for changes. In the absence of a response within this period, the relevant stage shall be deemed approved.

8.3 Elements that have already been approved in writing cannot be disputed or altered by the customer. CLICKTOUCH shall not be liable for aspects raised by the client at a later stage if these had already been approved at an earlier stage. Requests for changes to elements that have already been approved shall only be implemented if practically and technically feasible, subject to additional costs and revised scheduling. CLICKTOUCH determines feasibility at its own discretion and is entitled to refuse such requests. All costs and delays arising from changes made after approval shall be borne entirely by the customer, regardless of the stage at which the change is requested.

8.4 If the client does not provide a (sufficiently) detailed design, technical specifications or concept at the outset, the parties agree that CLICKTOUCH will proceed with the development in accordance with the stages described in Article 8.1, whereby the prototype(s) form an essential part of the development process and the evaluation.

8.5 In such cases (and generally where additional coordination or iterations prove necessary), multiple rounds of prototyping may be required. Any additional prototype(s), modifications and related work shall be carried out subject to feasibility and scheduling, and may give rise to an adjustment of the price and/or lead time. CLICKTOUCH will, where applicable, submit a proposal or estimate for approval in advance. In the absence of timely written approval, CLICKTOUCH is entitled to suspend the work.

Artikel 9. Materials and components supplied by the

customer

9.1 If the customer supplies materials to CLICKTOUCH, the customer must deliver them in good time, in accordance with the order schedule. The materials must be packaged in a manner suitable for the type of material in question and delivered to CLICKTOUCH. The customer bears the risk and costs of transporting the materials to their destination.

9.2 The signing of the consignment notes confirms only the receipt of the goods. Unless there is wilful misconduct or gross negligence on the part of CLICKTOUCH, or its employees or representatives, the customer shall continue to bear the risk for any problems with the materials.

9.3 Problems or delays during production caused by the materials supplied shall result in an extension of the delivery time and, where applicable, the charging of any additional costs.

9.4 Unless expressly agreed otherwise, CLICKTOUCH does not carry out any incoming inspection, visual or functional tests before processing the goods. The goods are therefore presumed to be “ready for assembly”.

9.5 If an insufficient quantity is supplied, or if part of the goods supplied is unusable for any reason, CLICKTOUCH is entitled to supply goods as semi-finished products at the agreed price, or to pass on the costs incurred as a result. The practical and administrative procedure may be further explained in a document provided by CLICKTOUCH, which can be consulted in https://www.clicktouch.eu/procedure-customer-suppliedmaterials/. Such a document is of an exclusively informative and operational nature and shall not prejudice or deviate from the provisions of these general terms and conditions.

Artikel 10. Complaints and indemnities

10.1 The customer must inspect the delivered goods immediately upon receipt, before proceeding with assembly on the final carrier or incorporation into the customer’s goods. Any visible defects or non-conformities must be reported to CLICKTOUCH in writing within 3 calendar days of delivery. If the customer fails to submit a complaint within this period, they shall be deemed to have accepted the goods and any right to a warranty for visible defects shall lapse. In any event, the assembly, incorporation or installation of the goods shall invalidate any right to a warranty against visible defects.

10.2 In the event of visible defects or non-conforming delivery, the customer is entitled to repair or replacement of the goods, or to a proportionate reduction in price, at CLICKTOUCH’s discretion. The customer must arrange for the transport of the non-conforming goods to CLICKTOUCH.

10.3 CLICKTOUCH indemnifies the customer against hidden defects that render the goods unsuitable for the use for which they are intended, provided that the following conditions are met: (i) the defect was already present at the time of delivery, (ii) the defect was hidden, and (iii) the customer reports the hidden defect to CLICKTOUCH in writing within a reasonable period after discovering the defect or should have discovered it, and in any event, unless otherwise agreed in writing, within 1 year of delivery. Any deviations from the aforementioned 1-year period will always be stated in the quotation.

10.4 Notwithstanding the preceding paragraph, defects in RTC batteries are covered only for a period of 6 months following delivery.

10.5 The following items, amongst others, are not considered defects and are therefore in no way covered by the warranty against hidden defects: natural variations in materials (such as glass, metal, PET film, adhesive layers, …) that are inherent to the material; minor deviations in colour, structure, finish or dimensions that fall within the usual tolerances and do not affect functionality; damage caused by failure to follow the instructions for use, maintenance or storage; parts or components supplied by the customer themselves; defects present in the materials or parts supplied by the customer; items included in the product specifications.

10.6 If stated on the quotation , CLICKTOUCH shall make an appendix containing product specifications available to the customer (in digital form). In the aforementioned case, the customer acknowledges that they have been able to take note of this prior to the conclusion of the contract. The various product specifications can be consulted and downloaded via the following links: https://www.clicktouch.eu/glass-specifications-clicktouch-2/

10.7 CLICKTOUCH shall not be liable for defects or nonconformities resulting from improper use, normal wear and tear, or modifications or repairs carried out by the customer or third parties without CLICKTOUCH’s written consent.

Artikel 11. Liability

11.1 CLICKTOUCH’s total liability is limited to the lower of the following amounts: (i) the amount actually paid out under the applicable liability insurance, or (ii) the invoice value of the goods that gave rise to the damage, subject to an absolute maximum of EUR 100,000.00.

11.2 CLICKTOUCH shall in no event be held liable for (i) indirect, consequential or purely financial loss, including but not limited to loss of profit, loss of turnover, loss of production, loss of opportunities, damage to reputation or loss of data; (ii) damage arising from or related to incorrect, careless or improper use of the goods; (iii) damage resulting from failure to comply with the instructions for use, maintenance or storage, or resulting from normal wear and tear of the goods. Incorrect, incomplete or late provision of information by the customer.

11.3 The customer acknowledges and accepts that all deliveries are made exclusively by CLICKTOUCH. The natural persons involved in the production, packaging, delivery or installation of the goods (including directors, employees and selfemployed contractors) cannot be held personally liable for any damage arising from or related to the goods delivered, except in cases of fraud or wilful misconduct. The customer expressly waives any possible direct right of action against the natural persons referred to in this article, regardless of the legal basis on which such a claim might be founded.

11.4 Any claim against CLICKTOUCH shall lapse definitively one year after the delivery of the goods.

11.5 The Customer fully indemnifies CLICKTOUCH against all claims, damages, losses, fines and costs arising from or relating to (i) the use of the products for purposes other than those for which they were designed, or (ii) the resale to or use by consumers without the required certifications or without the prior written consent of CLICKTOUCH.

11.6 CLICKTOUCH does not guarantee that all components used in its products will remain available for the entire lifetime of the product. The Customer acknowledges that the availability of components depends on third-party manufacturers and market conditions over which CLICKTOUCH has no control.

Artikel 12. Termination

12.1 CLICKTOUCH is entitled to terminate the agreement with immediate effect and without prior judicial intervention by means of a registered letter in the following cases:

12.2 In the event of termination, all outstanding invoices shall become immediately due and payable. In such a case, the customer shall also be liable to pay lump-sum compensation amounting to 30% of the value of the order not taken, in addition to the amount already due. The customer acknowledges that the fixed compensation set out in this clause is reasonable and proportionate to compensate for the loss and to safeguard the legitimate interests of CLICKTOUCH. The retention of title remains in full force for all goods delivered and not yet paid for in full.

12.3 If a framework contract has been concluded in accordance with Article 2 of these terms and conditions, the customer shall, in the event of termination, be liable for compensation amounting to the price of the Total Contract Volume not yet taken up.

Artikel 13. Force manjeure and unforeseeble

circumstances

13.1 In the event of force majeure, which is understood to mean any circumstance beyond the reasonable control of the parties that wholly or partially prevents the fulfilment of the obligations under this agreement, including but not limited to illness or accident of the directors, natural disasters, extreme weather conditions, war, terrorism, government measures, strikes, fire, explosions, technological disasters, and pandemics, the affected party shall immediately notify the other party thereof. The performance of the relevant obligations shall be suspended for the duration of the force majeure situation without either party being entitled to claim any form of compensation.

13.2 Both parties shall make every effort to mitigate the consequences of the force majeure situation. If the force majeure situation lasts for more than 3 months, the parties may terminate the agreement by mutual consent.

13.3 In the event that, after the conclusion of this agreement, unforeseen circumstances arise that cause a fundamental change in the economic or technical conditions, rendering the fulfilment of the obligations excessively onerous for one of the parties, the parties undertake to negotiate in good faith regarding a reasonable adjustment to the agreement in order to restore the balance.

13.4 Excessively onerous circumstances shall include, inter alia: significant price increases for raw materials, components or energy (more than 15% compared to the time of conclusion of the contract), substantial changes in exchange rates (from an increase of 5%), unexpected trade barriers and tariffs, or other economic or political events that significantly affect the cost structure or supply chain.

13.5 If the parties fail to reach agreement on an amendment to the agreement within 30 days, they undertake to attempt mediation. The mediator shall be appointed by mutual agreement within 15 days of the expiry of the aforementioned 30-day period. In the absence of agreement on the choice of mediator, a panel of three mediators shall be formed, with each party appointing one mediator within 7 days, after which these two mediators shall jointly appoint a third mediator within 7 days to act as chair of the panel. The mediation attempt must commence within 15 days of the mediator’s appointment and may not last longer than 30 days, unless the parties expressly agree otherwise. The costs of the mediation shall be shared equally between the parties.

Artikel 14. intellectual property

14.1 All intellectual property rights arising from CLICKTOUCH’s creative activities remain the property of CLICKTOUCH. The transfer of these rights to the client requires an explicit written agreement.

14.2 The transfer of property rights must be in writing, explicit and include a clear description of the scope. This transfer cannot be inferred from the assignment itself or from the payment. Without an exclusivity contract, CLICKTOUCH retains the right to reuse its creations. Moral rights can never be transferred.

14.3 Unless otherwise agreed, the client shall only acquire a nonexclusive, non-transferable right of use for software.

14.4 Patent rights to inventions shall vest in CLICKTOUCH, unless otherwise agreed in writing.

14.5 The customer shall indemnify CLICKTOUCH against all claims, demands, damages, costs and expenses arising from or in connection with any (alleged) infringement of third-party intellectual property rights resulting from the performance of the agreed services by CLICKTOUCH on the basis of the products, materials, designs or logos supplied by the customer for this purpose.

14.6 CLICKTOUCH shall be entitled to affix its name, trade name, logo or other identifying features to the goods delivered. However, such marking shall not impair the functionality of the goods nor disproportionately diminish their aesthetic value.

Artikel 15. Confidentiality

15.1 The parties acknowledge that, during their collaboration, they may gain access to confidential information belonging to the other party, including but not limited to designs, drawings, technical specifications, prototypes, production methods, know-how, trade secrets, customer lists and commercial information (hereinafter: “Confidential Information”).

15.2 Each party undertakes to keep the Confidential Information strictly confidential, not to disclose it to third parties without prior written consent, to use the information exclusively for the performance of the agreement and to make it accessible only to employees who require it.

15.3 This duty of confidentiality shall remain in force for the duration of the agreement and for a period of five (5) years following its termination. The duty of confidentiality does not apply to information that is generally known or becomes so without breach of this clause, was lawfully in the possession of the receiving party prior to receipt, has been independently developed by the receiving party, or must be disclosed pursuant to a legal obligation or court order.

Artikel 16. General provisions

16.1 Invalidity. The possible invalidity or unenforceability of any provision of these general terms and conditions shall not affect the validity or enforceability of the other provisions. Any provision that is (wholly or partially) invalid or unenforceable shall be replaced by operation of law and automatically by a new, valid and enforceable provision, with retroactive effect from the date of entry into force of the contract, which approximates as closely as possible the purpose (including the economic consequences) of the cooperation and the wording of the original provision.

16.2 Balance. The parties declare and confirm that each clause of these general terms and conditions is proportionate to the entirety of the other clauses, that the rights and obligations arising from the general terms and conditions are balanced, and that the customer has had a genuine opportunity to negotiate the clauses and influence their content.

16.3 No early termination. Any claim for early termination on the grounds of non-performance is excluded.

16.4 No price reduction. In the event of a non-serious breach, the normal prices and fees shall remain in force, and the CLICKTOUCH customer shall not be entitled to claim a price reduction.

16.5 Set-off. In the event of the bankruptcy of one of the parties, mutual debts shall be set off, so that only the balance remains due.

16.6 Amendments. CLICKTOUCH reserves the right to amend these general terms and conditions unilaterally. CLICKTOUCH will notify the customer of such amendments by email or in another electronic form. Amendments shall take effect 30 calendar days after written notification to the customer, unless the customer objects in writing within this period. In the event of an objection, the original terms and conditions shall remain in force until a new agreement is reached or the collaboration is terminated. The continuation of the collaboration after the amendments come into effect shall be deemed acceptance of the new terms and conditions.

Artikel 17. Applicable law and disputes

17.1 All disputes arising from any matter covered by these general terms and conditions shall be governed by Belgian law. The application of the Vienna Sales Convention of 11 April 1980 is expressly excluded.

17.2 The parties shall endeavour to settle any dispute amicably. If no amicable settlement can be reached, the courts and tribunals of the district in which CLICKTOUCH has its registered office shall have exclusive jurisdiction to settle the dispute.