General Terms and Conditions
Seller Identification:
Billards Thissen nv
Van Wesenbekestraat 53
2060 Antwerp
VAT BE
0404.668.162
IBAN: BE83
4043 0529 4115
BIC: KREDBEBB
Tel: 03/ 233 54 18
E-mail: info@thissen.be
Artikel 1.1: Algemene bepaling
Thissen.be is the e-commerce division of Billards Thissen NV. All products offered through Thissen.be are described with the utmost care and in good faith. These General Terms and Conditions apply to all items and services in our range and to any online purchase made by the customer. By placing an order, the customer accepts that only these Terms and Conditions apply, to the exclusion of any general or specific (purchase) terms of their own, even if these terms state that they are exclusively applicable.
In accordance with Article 1123 and the following articles of the Civil Code, persons who have been declared legally incompetent are not permitted to make purchases through the website. The use of the site and the services offered is the responsibility of the legal representative, who is obligated to comply with these Terms and Conditions.
An order is considered a valid agreement once Billards Thissen NV has received confirmation of it, unless prior written consent indicates otherwise. By placing an order, the customer enters into a distance contract with Billards Thissen NV.
Article 2: Prices
For all orders, the prices applicable on the day of the order are valid. Once the order has been placed, the price will not be adjusted. The listed prices of the items include all applicable taxes (such as VAT, and if applicable, Bebat and Recupel), but exclude any shipping costs. The shipping costs will always be clearly displayed to the customer before the order is confirmed. Billards Thissen NV cannot be held liable for any (printing) errors in its offers. If an incorrect price is listed on the website and Billards Thissen NV informs the customer of this, the customer has the right to cancel the order or have it processed at the correct price.
All prices are expressed in euros (€), and all orders must be paid in euros, regardless of the nature of the order. The stated price applies solely to the items as described in writing. Attached images are for illustration purposes only and may include elements that are not included in the price.
Article 3: Delivery Period
The specified delivery times are purely indicative and do not bind Billards Thissen NV. Exceeding these times, regardless of the cause, does not entitle the buyer to compensation, fines, cancellation of the order, or termination of the agreement. If certain items cannot be shipped or are delayed, Billards Thissen NV will inform the buyer. In such cases, the buyer may choose to terminate the agreement if desired. An order will only be shipped after payment has been received.
Article 4: Delivery
During the ordering process, you can choose between two options: you can pick up your order for free at our store during business hours, or you can opt for delivery of the items. All goods, including those shipped for free, travel at the buyer’s risk.
Billards Thissen NV cannot be held liable for any damage, loss, or delay during transportation. Additionally, Billards Thissen NV is not responsible for any customs fees, additional taxes, duties, or levies imposed by third parties after shipment. These costs are the sole responsibility of the buyer.
Article 5: Payment Terms for E-commerce
Thissen.be offers various payment methods: bank transfer, Bancontact/Mister Cash, KBC-Online, Visa, Mastercard, Maestro, and iDEAL.
In the case of payment via bank transfer, Billards Thissen NV reserves the right to cancel the order if the payment is not received within five working days after the order is placed, to the account number BE83 4043 0529 4115.
Article 6: Payment Terms
Each invoice must be paid within 30 days from the invoice date, unless a different term is specified on the invoice. In the event of non-payment within this period, Billards Thissen NV will collect the outstanding amount at your expense.
If payment has not been made within 30 days, a commercial interest rate of 11.5% will automatically be due, without prior notice of default, starting from the invoice's due date.
In case of non-payment, if payment is not made within 14 days after a registered reminder, a compensation fee of 15% of the outstanding amount will be charged, plus any incurred costs, with a minimum of 150 euros.
Article 7: Retention of Title
The goods remain the property of Billards Thissen NV, regardless of whether they have already been delivered, until the products are fully paid for.
Article 8: Right of Withdrawal and Return Policy
In accordance with the Belgian Law of April 6, 2010, concerning market practices and consumer protection, the consumer has the right, in the case of an online purchase, to inform the seller that they are withdrawing from the purchase, without paying a penalty and without providing a reason, within 14 calendar days from the day of delivery of the product.
We only accept returns for items purchased through the Thissen.be website and that meet the following conditions.
- The product must be unused, undamaged, and complete. If the product has been used, is damaged, or is incomplete, the right to return is void.
- The packaging and transportation costs, as well as the responsibility in case of loss, theft, or damage, are fully borne by the customer.
- The products must be returned in their original packaging (the factory packaging), which must not have been opened, unless the products are defective.
- The product must be accompanied by the original invoice.
- The product must be accompanied by a fully completed return form.
- De retour wordt binnen 14 kalenderdagen na de bestelling ontvangen in onze winkel:
Thissen Billiards nv
Attn. Returns
Van Arteveldestraat 48
2060 Antwerp
BELGIUM
If any of the above conditions are not met, we reserve the right not to issue a refund.
When purchasing in-store, a refund is possible via a gift voucher within 7 days upon presentation of the receipt, provided that all items are present and the original packaging is undamaged.
Attention! Customized products, cloths, gift vouchers, or special order items cannot be exchanged.
Artikel 1.9: Garantie
All sold items are subject to a statutory 2-year warranty, except for second-hand items, which have a 1-year warranty period. When requesting warranty service, a valid proof of purchase must be provided. The decision on whether an item is covered under warranty is always at the discretion of the manufacturer or supplier of the item. The item will be sent to the manufacturer or supplier, who will determine whether the warranty is accepted and will inform us of the reasons for their decision. We cannot be held responsible for this decision in any case.
The items must be returned according to the same conditions and procedure outlined in the return policy.(Article 8Billards Thissen NV will replace the sold items with items of the same type, in equal quantities and/or sizes, provided the buyer has allowed us to conduct a thorough investigation and it has been determined during this investigation that the items, within the applicable warranty period, did not meet the standards that can reasonably be expected.
Artikel 1.10: Intelectuele eigendom
All parts of the Thissen.be website, including visual and audio elements, as well as the technology used, are protected by copyrights, trademarks, patents, or more generally by intellectual property law. They are the exclusive property of Billards Thissen NV.
Notwithstanding the law of June 30, 1994, regarding copyright and related rights, reproduction, distribution, sale, dissemination, publication, adaptations, translations, modifications, and use for commercial purposes of all or part of this site are prohibited unless prior written consent is obtained from Billards Thissen NV.
Article 11: Applicable Law, Jurisdiction
If one or more of the provisions of these terms or any other agreement with Thissen.be are found to be in conflict with any applicable legal regulation, the relevant provision shall be rendered void and replaced by a new, legally permissible provision determined by Billards Thissen NV that is similar in nature.
Belgian law shall exclusively apply to all rights, obligations, offers, orders, and agreements to which these terms apply, as well as to these terms themselves.
For all disputes, only the courts of Antwerp shall have jurisdiction.
General Rental Terms and Conditions
Article 1: General Provisions
The application of these general terms and conditions is accepted by the renter by the mere fact of entering into an agreement with the company BILLARDS THISSEN NV (hereinafter: the lessor), with its registered office at 2060 Antwerp, Van Wesenbekestraat 53, and company number 0404.668.162. The renter's general terms and conditions are expressly excluded. The use of the renter's own order form or quote does not affect this.
Deviations from and/or additions to the agreement and/or provisions of the general terms and conditions shall only be valid if and to the extent that they are expressly agreed upon in writing and shall only apply to the specific agreement in question. If such a deviation or addition is tolerated by the lessor, it shall not set a precedent and the renter shall not derive any right from it for any future agreements.
If a situation arises between the parties that is not covered by these general terms and conditions, that situation shall be assessed in the spirit of these general terms and conditions.
Article 2: Short-term Rental
2.1 The rental commences, depending on the case:
- At the moment the tenant or their authorized representative takes possession of the rented item;
- At the moment the rented item is transferred to the tenant by the lessor.
If it has been agreed that the rented item will be delivered by the lessor, the tenant must ensure that a representative is present to receive the goods at the agreed time and place. If not, the lessor is entitled to take the rented item back and charge the transportation costs along with a cancellation fee. Additionally, if the tenant fails to pick up the rented item at the agreed time, a cancellation fee will be charged. This fee is estimated as follows:
Cancellation up to 24 hours before the scheduled departure time: €26 + VAT. Cancellation within 24 hours of the scheduled departure time: 50% of the total rental amount, including VAT.
The delivery dates and times provided by the lessor are approximate, and any delays do not constitute grounds for termination of the agreement or compensation.
2.2 The rental ends in all cases on the day the rented item is returned to the lessor's warehouses, provided this occurs during business hours and the lessor provides a return receipt. Late return of the rented equipment will be considered an extension of the rental period and will be charged accordingly.
2.3 Our goods must be handled with care and respect and returned in the condition in which they were received. Loss or irreparable damage will be fully compensated by the renter. The renter is fully responsible for any loss or damage for the entire rental period (i.e., until the rented items are returned).
2.4 Subleasing the rented items is not allowed.
2.5 The rented items are always transported at the expense and risk of the renter.
2.6 All our invoices are payable in cash upon pickup or delivery, unless a payment deferral has been explicitly and in writing approved.
Article 3: Long-term Rental – Rental Contract
The agreement has a duration of 12 months and commences at the moment the rented item is transferred by the lessor to the lessee.
It is expressly agreed that in the absence of a valid termination by the lessee, the agreement will automatically renew for an additional 12-month period under the same terms and conditions.
Artikel 2.4: Opzeg of ontbinding
4.1 A valid termination must be given at least one month prior to the expiration of each 12-month period and must be sent by registered letter. The automatic renewal cannot be invoked against the lessor.
4.2 In the event of termination of the agreement at the expense of the tenant, the lessor is entitled to a compensation which is expressly and exclusively fixed by the parties, without any later dispute, as the amount of the paid security deposit to cover incurred and future costs, plus 50% of the lessor's monthly share from the termination until the end of the current period, with the tenant acknowledging that this compensation covers the actual damages.
4.3 The lessor has the right to terminate or dissolve the agreement by operation of law and without prior notice of default, with immediate effect, in one or more of the following cases:
- When the renter fails to fulfill their payment obligations, including those related to the rent or security deposit, properly or on time, or when there are clear indications that the renter will not meet their payment obligations;
- In the event of any other serious breach by the renter, such as improper use, relocation abroad, transfer of the rented item to third parties, etc.
- In the event of bankruptcy, judicial settlement, or liquidation of the renter;
- In the event of seizure of the renter's bank accounts or other assets;
- In the event of the cancellation of the renter's bank or other credits;
- In the event of protest of the renter's commercial documents.
The lessor has the right, by operation of law and without prior notice of default, to retrieve the rented property, wherever it may be located, at the renter's expense, and to take immediate possession of it.
Unless formally and in writing agreed upon by the lessor, the tenant is expressly prohibited from transferring the current agreement to third parties, even in the case of the transfer of their business assets. For the duration of the agreement, the tenant remains personally bound to the lessor. If the lessor agrees to the transfer of the agreement, the tenant remains jointly and severally liable with the transferee for the fulfillment of the contractual obligations towards the landlord for the entire duration of the agreement, including any tacit or explicit extensions.
Artikel 2.5: Risico, gebrek en schade
5.1 The tenant is prohibited, unless with written consent from the landlord, to transfer, sublet, lend, or otherwise make the leased property available to third parties under any condition or agreement.
5.2 The tenant is required to immediately inform third-party creditors and seizure agents of the landlord's ownership rights and to promptly notify the lessor of any claims or attachments on the leased property.
5.3 The tenant has no right to compensation for any interruption in the use of the leased property and cannot use it as a basis for terminating the lease agreement.
5.4 During the entire period, the tenant bears full responsibility. The tenant or their representative agrees to inform the lessor within 24 hours of the following events:
- Loss or damage;
- Theft of the rented item;
- Damage caused by third parties;
- Judicial seizure or attachment by creditors;
- Bankruptcy or judicial settlement.
The renter is responsible for returning the rented item in its original condition.
Regardless of recourse against third parties, the renter is liable for any loss, damage, discrepancy, depreciation, etc., in the broadest sense, and cannot invoke fault or intent of third parties, chance, or force majeure against the lessor. The return of the rented item by the lessor does not signify acceptance and does not exclude a claim for damages. The lessor has a period of 14 days after the return, including Saturdays, Sundays, and public holidays, to inform the renter of any findings regarding damage.
5.6 The tenant is required to ensure, as necessary, that adequate insurance is obtained for the use of the rented property to safeguard their obligations towards the landlord and third parties. Any deductibles are the responsibility of the tenant.
5.7 The lessor has the right to continuously monitor the equipment and, if necessary, carry out required repairs and maintenance at the tenant's expense.
5.8 Any power supply and connection to the electrical grid, as well as breakdowns and damages caused by the fault of the tenant or their clientele, will be charged to the tenant.
5.9 It is expressly prohibited to install other similar equipment in the same room or even in the same building without prior written permission from the landlord, even if it is of a different size or design.
Artikel 2.6: Richtlijnen voor het gebruik
In addition to and on top of the provisions outlined in Article 5, the tenant is obliged to use the rented property as a prudent tenant. They declare that they are familiar with the equipment in question, have tested it, and have received it in perfect working condition. The tenant agrees to use the equipment at all times with care, under their full responsibility, and in a professional manner.
The tenant is required to continuously inspect the rented property to ensure its proper functioning and to perform necessary maintenance in a timely manner to preserve its good working condition. This maintenance shall be carried out at the tenant's expense unless otherwise specified in the agreement.
From the commencement of the rental period until the return of the rented property, the tenant is solely responsible for all costs and risks associated with its possession or use, such as taxes, permits, and mandatory insurance.
Article 7: Rental Price and Payment Terms
6.1 For rental agreements lasting longer than one month, the lessor reserves the right to unilaterally adjust the rental price during the contract term in accordance with new rate schedules or indexations.
6.2 The rent will be invoiced at the end of the month of delivery and at the end of each subsequent month.
6.3 Each invoice must be paid within 30 days of the invoice date unless a different term is specified on the invoice. In the event of non-payment within this period, the lessor will collect the outstanding amount at your expense. If payment is not made within 30 days, a commercial interest rate of 11.5% will automatically apply, without prior notice of default, starting from the invoice's due date.
In case of non-payment, if payment is not made within 14 days after a registered reminder, a compensation fee of 15% of the outstanding amount will be charged, plus any incurred costs, with a minimum of 150 euros.
6.4 The tenant will act as the operator of the equipment in relation to the VAT and tax administration, according to notification 6/94 and VAT authorization 27.01.97. The lessor will prepare a specific document indicating the total revenue and the lessor's share. The tenant will include the total revenue in their periodic VAT return. The lessor will issue an invoice for the services provided, which will grant the tenant the right to deduct the VAT included in the compensation.
6.5 Pursuant to the rental agreement, the revenues from the operation of the rented property will be distributed between the lessor and the tenant on a percentage basis.
Article 8: Privacy & GDPR
The (personal) data of the tenant will be automated and stored in a database as a result of the agreement.
In the context of the execution of the agreement, if personal data of employees or appointees of the landlord (name, contact details, position) are shared, the tenant agrees to process this data solely in accordance with Belgian Law of July 30, 2018, on the protection of natural persons with regard to the processing of personal data, and European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data. The tenant further agrees to strictly adhere to the provisions of the General Data Protection Regulation concerning the individuals whose personal data they provide to the landlord. The lessor processes the personal data in accordance with its privacypolicy
Article 9: Applicable Law and Jurisdiction
8.1 Belgian law shall exclusively apply to the agreement.
8.2 For all disputes arising from or in connection with the offers and/or quotations provided by the landlord and/or the rental agreement, including disputes regarding the existence and validity of the agreement and the collection of invoices, only the courts of Antwerp shall have jurisdiction.