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Terms and conditions

1. SCOPE

1.1. Unless stated otherwise in writing, the present general conditions apply to all agreements between THIBAULT VAN RENNE BVBA and the buyer and all the goods supplied by THIBAULT VAN RENNE BVBA to the latter.

1.2. These general and special terms and conditions exclude all of the buyer’s own general and special conditions, unless THIBAULT VAN RENNE BVBA expressly agrees with the application of these conditions in writing. The simple signature of the buyer’s contingent order by THIBAULT VAN RENNE BVBA cannot be considered as such express consent.

1.3. The structure and titles of the present General Conditions have no legal significance. The invalidity of one of the conditions does not affect the validity of the remaining terms and conditions.
 

2. ORDER AND/OR DOWN PAYMENT INVOICE

2.1. The signing and sending – also performed digitally – of the order form and/or advance payment invoice by the buyer to THIBAULT VAN RENNE BVBA within the stipulated deadline, implies a confirmation and acceptance by the byer of the above-mentioned general conditions.

2.2. Transport of goods to and from the buyer is never included in the price, unless agreed otherwise.

2.3. THIBAULT VAN RENNE BVBA reserves the right, even after partial payment of the goods, to ask the byer at any time for the guarantees necessary for the proper execution of the commitments made.
 

3. DELIVERY

3.1. Delivery times are only provided as an indication and are in no way binding, although they are respected as much as possible.

3.2. Delayed delivery cannot justify the termination or dissolution of the contract and does not constitute a ground for the buyer to claim any damages.

3.3. Any purchase order duly accepted by the Client, either by email or by returning the purchase order duly dated and signed to THIBAULT VAN RENNE BVBA, is firm and definite.

3.4. THIBAULT VAN RENNE BVBA reserves the right to charge the goods as a function of their delivery, even when the delivery is scheduled at a later date than expected.

3.5. All contingent shipments, even those that are free, are at the buyer’s risk.
 

4. PAYMENT

4.1. The amounts mentioned on the order form, advance payment invoice or final invoice are payable in cash in Ghent, unless otherwise stated on the front of the document, in which case the amounts are payable to the account Fortis BE80 001-5652967-77 of THIBAULT VAN RENNE BVBA within the agreed deadline.

4.2. Upon request by the buyer, THIBAULT VAN RENNE BVBA can establish an order form / advance payment invoice for a percentage of the total to be determined.

4.3. Upon delivery, the buyer must pay the unpaid balance of the agreed total price.

4.4. The sale price shall not be modified.

4.5. In case of non-payment, late and/ or incomplete payment of the order form, advance payment invoice or final invoice, an annual 10% interest on arrears on the outstanding invoice amount is due by the buyer from the due date until full payment, by law and without prior notice to pay. Likewise, by law and without prior notice, a flat-rate compensation is due for additional inconveniences, administrative and other expenses, equal to 10% of the unpaid invoice amount, with a minimum of 150,00 euros as a penalty, without prejudice to THIBAULT VAN RENNE BVBA’s right to claim higher compensation providing that there is evidence of higher actual damage. All this, independently from the possible legal expenses, collection costs, and expenses related to unpaid checks, which are not included in the above-mentioned compensations and are charged separately to the buyer.

4.6. Each unpaid (advance payment) invoice results in the fact that any other non-overdue invoice automatically become due, immediately and without further notice.

4.7. In case of non-payment of an (advance payment) invoice, THIBAULT VAN RENNE BVBA reserves the right to block previously ordered orders for delivery and exert a lien on the goods. This lien counts as formal notice. The buyer has no right to appeal this lien. The goods will remain the property of THIBAULT VAN RENNE BVBA at all times, until the goods have been paid in full. All risks are borne by the buyer.

THIBAULT VAN RENNE BVBA reserves the right to withhold advance payments to cover possible losses incurred in the context of the sale.
 

5. COMPLAINTS

5.1. The goods (carpets) are hand-knotted and custom-made according to the buyer's wishes. Small deviations in size and/or colour are inherent to hand-knotted carpets and do not constitute grounds for the buyer to claim damages.

5.2. All complaints and comments regarding the order, the purchase, the (advance payment) invoices and goods are only admissible if they are submitted in writing by the buyer within 8 days after the delivery date of the (advance payment) invoice or delivery, unless the order or purchase was made in the Mageleinstraat 46, 9000 Ghent store, in which case the contract is directly binding. Any complaint must be made by registered mail and must accurately state the nature and grounds of the complaint.

5.3. All complaints or comments received by THIBAULT VAN RENNE BVBA after the above-mentioned binding deadline will be considered as void and invoices as well as the present conditions will be considered as final and unconditionally accepted.

5.4. Filing a complaint does not release the buyer from his/her obligation to pay the (advance payment) invoice on time. Filing a complaint is not necessarily equal to protesting the bill.
 

6. DISPUTES: APPLICABLE LAW - COMPETENT COURT

6.1. Any agreement and any supply of goods or services, even at international level, is subject to Belgian law. The entire relationship between THIBAULT VAN RENNE BVBA and the buyer in all its aspects and for all transactions is subject to the Belgian legislation.

6.2. Payments are always due in Ghent, whatever the agreed or required payment method. In case of litigation and disputes, only the courts of the Ghent territorial jurisdiction are competent.