General Terms & Conditions of Sale
01. Scope of Application
1.1 Unless otherwise agreed in writing, these general terms and conditions apply to all agreements between Thibault Van Renne BV and the buyer, regarding the sale and delivery of rugs and related products.
1.2 These terms exclude any general or special conditions of the buyer, unless Thibault Van Renne BV has expressly agreed to them in writing and in advance.
1.3 The invalidity of any single provision shall not affect the validity of the remaining terms.
02. Order Form, Deposit Invoice & Formation of Contract
2.1 The signature and — including electronic — return of the order form and/or deposit invoice by the buyer constitutes full and unconditional acceptance of these terms and conditions.
2.2 Transport of goods to and from the buyer is never included in the price unless explicitly agreed otherwise.
2.3 At any time, Thibault Van Renne BV reserves the right to request appropriate guarantees from the buyer for the proper performance of the agreement, even after partial payment.
03. Right of Withdrawal & Custom-Made Goods
3.1 All rugs and carpets by Thibault Van Renne are hand-knotted to the buyer's specific requirements: dimensions, colour, design and material. These rugs are therefore custom-made articles.
3.2 Pursuant to Article 16(c) of EU Consumer Rights Directive 2011/83/EU — transposed into Belgian law via Book VI of the Code of Economic Law (CEL) — the statutory 14-day right of withdrawal does NOT apply to goods that are clearly made to the consumer's specifications.
3.3 Once the buyer has signed the order form or paid the deposit invoice, and production has commenced, the order cannot be cancelled. Any cancellation does not entitle the buyer to a refund of the deposit paid.
3.4 The buyer explicitly acknowledges at the time of ordering that the product is custom-made and that the right of withdrawal therefore does not apply.
04. Delivery & Lead Time
4.1 Delivery times are given for information purposes only, given the nature of the goods (hand-knotted rugs), and are not binding on Thibault Van Renne BV.
4.2 Delays in delivery cannot constitute grounds for termination or dissolution of the agreement, nor entitle the buyer to compensation, unless force majeure is invoked.
4.3 Thibault Van Renne BV reserves the right to invoice goods upon delivery, even if later than initially indicated, including when delivery takes place in instalments.
4.4 All shipments, including those sent carriage paid, travel at the buyer's risk (B2B). For distance sales to consumers, risk transfers to the buyer only upon physical receipt of the goods, in accordance with EU Directive 2011/83/EU and Art. VI.47 of the Belgian Code of Economic Law.
05. Payment
5.1 The amounts stated on the order form/deposit invoice or final invoice are payable in cash in Evergem, unless otherwise agreed.
5.2 Upon ordering, a deposit invoice of 50% of the total amount is issued. The remaining balance of 50% is payable upon delivery.
5.3 All levies, import duties and taxes arising from shipment, as well as PayPal transaction fees when paying via PayPal, are borne by the buyer. Note: payment surcharges (e.g. PayPal fees) may only be charged to professional/B2B buyers and never to consumers, in accordance with EU Payment Services Directive (PSD2).
5.4 In the event of non-payment of the deposit and subsequent dissolution of the agreement, the full deposit amount is due as fixed compensation, without prejudice to Thibault Van Renne BV's right to claim higher compensation if actual damages exceed this amount.
5.5 In the event of late or incomplete payment, annual default interest of 10% shall be due automatically and without prior notice, plus a fixed penalty of 10% with a minimum of €150.00. This clause applies to B2B buyers only. For consumers, statutory interest rates under Belgian law apply.
5.6 Any unpaid (deposit) invoice automatically renders any other outstanding invoice immediately due and payable.
06. Complaints & Quality Tolerances
6.1 Goods are hand-knotted to the buyer's specifications. Minor variations in size (±2%), colour, shade and/or design are inherent to the handmade production process and cannot constitute grounds for a complaint or compensation.
6.2 All complaints regarding orders, invoices or delivered goods are only admissible if submitted in writing within 8 days of the invoice date or delivery, by registered mail, clearly stating the nature and grounds of the complaint. This 8-day window applies to B2B buyers only. Consumers benefit from the mandatory 2-year legal guarantee under EU Sales Directive 2019/771 and Book VI of the Belgian Code of Economic Law.
6.3 Complaints received after this period are deemed null and void.
6.4 Filing a complaint does not release the buyer from the obligation to pay the invoice.
07. Retention of Title & Right of Retention
7.1 Goods remain the property of Thibault Van Renne BV at all times until full payment of the agreed total price. All risks are transferred to the buyer upon delivery.
7.2 Thibault Van Renne BV reserves the right to block delivery of previously ordered goods and exercise a right of retention on goods in its possession in the event of non-payment of a (deposit) invoice.
7.3 Thibault Van Renne BV reserves the right to retain deposits to cover any losses arising from the sale.
08. Disputes, Governing Law & Jurisdiction
8.1 All agreements and deliveries of goods or services, including those of an international nature, are governed by Belgian law.
8.2 Payments are always recoverable in Evergem, regardless of the agreed payment method.
8.3 In case of dispute, only the courts of Ghent (Belgium) have territorial jurisdiction.
09. Consumer Rights
9.1 Legal Guarantee: Consumers benefit from a mandatory legal guarantee of at least 2 years from the date of delivery for any lack of conformity existing at the time of delivery, in accordance with Book VI of the Belgian Code of Economic Law and EU Directive 2019/771 on contracts for the sale of goods. Thibault Van Renne BV undertakes to repair or replace defective goods free of charge within a reasonable period.
9.2 Online Dispute Resolution (ODR): In accordance with EU Regulation No. 524/2013, consumers may resolve disputes arising from online purchases through the European Commission's ODR platform: https://ec.europa.eu/consumers/odr. The email address of Thibault Van Renne BV is: info@thibaultvanrenne.com
9.3 Alternative Dispute Resolution (ADR): Consumers may also submit a complaint to the Consumer Mediation Service (www.consumentenombudsman.be), the competent out-of-court dispute resolution body for consumer disputes in Belgium.
Thibault Van Renne BV · Noorwegenstraat 51 · 9940 Evergem, Belgium · info@thibaultvanrenne.com · +32 9 281 00 38 · www.thibaultvanrenne.com