1. Area of application and general terms and conditions
The current general terms and conditions apply to all purchases of goods, including orders via the web shop [webshop.the3house.be], delivery of services and agreements, between The3House BV (‘The 3House’) with headquarters at 2930 Brasschaat – Leopoldslei 111 (company number: BE0546.658.643) – RPR Antwerp and the customer (‘The Customer’).
The current terms and conditions form an integral part of the agreement concluded between The 3House and The Customer. Departure from these terms and conditions is only possible by means of a written agreement between The 3House and The Customer, signed by all parties.
The Customer explicitly acknowledges to have been duly informed and to have received these general terms and conditions prior to the conclusion of the contract. The Customer explicitly agrees with these terms and conditions and hereby waives the application of any own terms and conditions. When placing an order via the web shop, The Customer must explicitly accept these terms and conditions by which he agrees to the applicability of these terms and conditions, to the exclusion of all other terms and conditions.
2. Price
All prices mentioned on the website are in EURO, always including VAT and all other taxes or duties which The Customer is obliged to transfer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
For purchases offline, all prices mentioned in the offer are excluding VAT, unless otherwise indicated. A fee of 0,45 euro per kilometre will be charged for travel costs from the headquarters of The 3House. An offer is valid for one month.
If the service of The 3House is hindered by circumstances beyond the responsibility or authority of The 3House, the costs will be charged separately.
If the service cannot take place on the scheduled date, for a reason that cannot be attributed to The 3House, any resulting costs will be for the account of The Customer.
The quotation relates exclusively to the articles as described verbatim. The corresponding photographs are intended for decorative purposes and may contain elements that are not included in the price.
3. Liability
Although the information by The 3House via the website, by email or by any other means is provided with the utmost care, it is possible that the information provided is incomplete, contains material errors, or is not up to date. The obligations of The 3House are obligations of means and can under no circumstances be considered as obligations of result.
For purchases via the website, the offer always applies while stocks last and can at all times be adjusted or withdrawn by The 3House. The 3House cannot be held liable for the unavailability of a product.
4. Procedure for online sales
[description order procedure]
The Customer had the choice between the following payment methods:
• by credit card
• by bank card
• by bank transfer to account number BE…
• […]
The 3House is entitled to refuse an order as a result of a serious shortcoming of The Customer with regard to orders in which The Customer is involved.
The order will be processed and shipped upon receipt of full payment.
5. Procedure for everything other than online purchases
Orders for goods or services (e.g. coaching, business games…) that are not placed on the web shop are final after explicit acceptance of the order by The 3House by email.
6. Delivery and execution of the agreement
Items ordered via the web shop will be delivered in [fill in where it can be delivered].
The delivery is executed by [specify delivery methods, delivery time and any costs involved].
Unless otherwise agreed or explicitly stipulated, the goods will be delivered to The Customer’s residence or headquarters within 30 days of receipt of the order. Delivery periods are indicative and are not binding for The 3House.
Any visible damage and/or qualitative shortcomings of an article or any other shortcoming in the delivery must be reported by The Customer to The 3House within 8 days of receipt
The risk of loss or damage is transferred to The Customer as soon as he (or a third party appointed by him, who is not the transporter) comes into physical possession of the goods. However, the risk is already transferred to The Customer upon delivery to the transporter, if the transporter of The Customer has been instructed to transport the goods and this choice was not offered by The 3House.
7. Right of withdrawal
The provisions of this article only apply if The Customer, in the capacity of consumer, has purchased articles online from The 3House.
The Customer has the right of withdrawal within a period of 14 calendar days from the day on which The Customer or a third party appointed by The Customer, other than the transporter, comes into physical possession of the article.
To exercise the right of withdrawal, The Customer must inform The 3House – Leopoldslei 111 – 2930 Brasschaat of his decision to withdraw from the contract by means of an unambiguous explanation in writing by post or by email. The Customer can use the attached model form for withdrawal, but he is not obliged to do so.
In order to observe a withdrawal period, The Customer must send his notice concerning his exercises of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to The3House – Leopoldslei 111 – 2930 Brasschaat without delay, but in any event no later than 14 calendar days after the day on which he has notified The 3House of his decision to withdraw from the contract. The Customer will be on time if he returns the goods before the period of 14 calendar days had expired.
The direct costs of returning the goods will be for the account of The Customer.
The Customer is requested to return the articles in original condition and in the original package with all accessories included and the directions for use. If the returned product has been depreciated in any way, The 3House reserves the right to hold The Customer liable and to claim compensation for any depreciation of the goods resulting from the use of the goods by The Customer that goes beyond what is necessary to determine the nature, characteristics and operation of the goods.
If The Customer withdraws from the contract, The 3House will refund all payments received from The Customer up to that moment, including the standard delivery costs, within a maximum of 14 calendar days after The 3House has been informed of The Customer’s decision to withdraw from the contract. The 3House is allowed to delay the refund until all the goods have been returned or until The Customer has proved that he has returned the goods, whichever is the earliest.
Any additional costs resulting from The Customer’s choice of a method of delivery, other than the cheapest standard delivery offered by The 3House, will not be refunded.
The 3House will refund The Customer using the same means of payment with which The Customer made the original payment, unless The Customer has explicitly agreed otherwise; in any case no costs will be charged for such a refund.
8. Invoicing and penalties for non-payment
Any complaint regarding the delivered goods or services mentioned on the invoices must be filed by registered letter within eight days of the invoice date, otherwise the invoices are considered to be accepted without reservations.
Except for online purchases, all invoices are payable at the address of the headquarters Leopoldslei 111 – 2930 Brasschaat, unless otherwise stated.
For the delivery of services, 50% will be invoiced as an advance before the start of the service. Following invoices are sent pro rata for the progress of the project.
All invoices are payable within 15 days, with the exception of purchases via the web shop, which must be paid at the time of ordering.
Without prejudice to the exercise of other rights of The 3House, in case of non-payment or late payment from the date of default of payment, The Customer will by operation of law and without proof of default owe interest of 10% per year on the unpaid amount. In addition, The Customer will by operation of law and without reminder owe a fixed compensation of 10% on the amount in question, with a minimum of 65 euros per unpaid invoice.
9. Cancellation of services
The provisions of this article only apply to The Customer who ordered services at The 3House.
Cancellations by The Customer of services ordered can be made free of charge up to four weeks prior to execution. For cancellations up to two weeks prior to execution, 50% of the price will be due. Cancellations less than two weeks prior to execution are not possible. In that case, 100% of the price will be due.
10. Non-recruitment clause
The provisions of this article only apply to The Customer who ordered services at The 3House.
The Customer is not allowed to hire an employee assigned by The 3House or to negotiate on employment with this employee or to enter into another contract with this employee that is related to the work stipulated in the agreement with The 3House, unless in mutual consultation and after written permission from The 3House.
11. Non-regression clause
If any provision of these terms and conditions is declared invalid, unlawful or null, this will in no way affect the validity, legality and applicability of the other provisions.
Failure by The 3House to enforce any of the rights listed in these terms and conditions at any time or to exercise any of these rights, can never be considered as a reneging of such a provision and will never affect the validity of these rights.
12. Evidence
The Customer accepts that electronic communication may be used as evidence.
13. Privacy statement
The 3House processes personal data in accordance with this privacy statement. For further information, questions or comments about our privacy policy, please contact Mrs Veerle Van Dyck (veerle@the3house.be).
Processing purposes
The 3House collects and processes customers’ personal data for customer and order management (including customer administration, follow-up of orders/deliveries, invoicing, solvency monitoring, profiling and sending marketing and personalised advertising).
Legal foundation(s) of the processing
Personal data are processed on the basis of article 6.1 (a) consent, (b) necessary for the execution of an agreement, (c) necessary to comply with a legal obligation, (f) necessary for the protection of our legitimate interest in managing a business, of the General Data Protection Regulation
Insofar as the processing of the personal data takes place on the basis of article 6.1 (a) consent, The Customer always has the right to revoke the consent given.
Transfer to third parties
Personal data of The Customer will only be transferred to third parties with the consent of The Customer.
Retention period
Personal data will be saved for a period of five years.
Right of access, correction, deletion, restriction, objection and portability of personal data
The Customer is at all times entitled to inspect his personal data and may correct them (or have them corrected) if they are incorrect or incomplete, have them deleted, have their processing restricted and object to the processing of personal data relating to him on the basis of article 6.1 (f) of the General Data Protection Regulation, including profiling on the basis of these provisions.
In addition, The Customer has the right to obtain a copy (in a structured, common and machine-readable form) of his personal data and to have the personal data forwarded to another trading partnership.
In order to exercise the rights mentioned above, The Customer is requested to send an email to the following email address: veerle@the3house.be
Direct marketing
The Customer has the right to object free of charge to any processing of his personal data for the purposes of direct marketing.
Complaint
The Customer has the right to file a complaint at The Commission for the Protection of Privacy (Drukpersstraat 35, 1000 Brussels – commission@privacycommission.be).
14. Intellectual property rights
The products and services offered by The 3House, including but not limited to brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual property rights and belong to The 3House.
An agreement with The 3House does not imply in any way, neither implicitly nor explicitly, any form of transfer of intellectual property rights from The 3House to The Customer or third parties. The intellectual property rights remain at all times with The 3House.
15. Applicable law – Disputes
Only Belgian law is applicable.
In case of purchases by a consumer, the courts of the consumer’s place of residence are competent.
For all other disputes, the courts of the judicial district of Antwerp are competent.
ANNEX 1: MODEL FORM FOR WITHDRAWAL
Dear Customer, you only have to fill in and return this form if you want to withdraw from the contract (the right of withdrawal only applies if you are a consumer).
To The 3House BV – Leopoldslei 111 – 2930 Brasscchaat – veerle@the3house.be
I/We hereby give notice that I/we (*) withdraw from my/our (*) contract regarding the sale of the following goods/ delivery of the following service (*)
Ordered on (*)/Received on (*):
Name(s) of consumer(s):
Address of consumer(s):
Signature of consumer(s) [only if this form is submitted on paper]:
Date:
(*) Delete where not applicable.