Terms and Conditions

Enterprise data

Torhoutbaan 1, 8480 Ichtegem
051 58 29 92
Company number: VAT  BE 0444.367.490

Article 1. Definitions

In these general terms and conditions the following definitions apply: Vantyghem NV : Vantyghem NV, with registered office at 8490 Ichtegem, Torhoutbaan 1, 8480 Ichtegem and with company number 0444.367.490; The customer: the buyer of an article from Vantyghem NV, being a Consumer or a professional customer; Consumer has the meaning within the meaning of the Code of Economic Law, i.e. when the Customer purchases or uses the item that is the subject of this agreement for non-professional or non-commercial purposes

Article 2. Application

Unless otherwise agreed in writing, all agreements, quotations and orders and the resulting deliveries and sales are governed by the general terms and conditions stated below. The general terms and conditions of Vantyghem NV are accepted by the Customer by the mere fact of placing an order with Vantyghem NV.

Unless otherwise agreed in writing, the general terms and conditions below take precedence over the contract terms and conditions appearing on the co-contractor's documents, as a result of which these terms and conditions must be regarded as non-existent.

Deviations from these general terms and conditions are only valid to the extent that they are the result of mutual agreement between the Customer and Vantyghem NV that is expressly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these general terms and conditions remain fully applicable.

Vantyghem NV reserves the right to change and/or supplement the general terms and conditions at any time for future orders. A future change will of course not affect existing orders and the resulting agreement.

Article 3. Quotations, acceptance of orders

All Vantyghem NV quotes are without obligation. Vantyghem NV is only bound by an order after it has been confirmed in writing by Vantyghem NV or after its execution has started by Vantyghem NV. The information regarding the products, dimensions and pricing, as well as detailed order information, has been drawn up and communicated subject to change and correction.

Every offer on the Vantyghem website is only an invitation to the Customer to make a purchase and can therefore not be regarded as a binding offer from Vantyghem NV with regard to the Customer. Furthermore, the offer is only valid while supplies last.

An agreement is concluded when an order confirmation has been handed over to the Customer by Vantyghem NV or, in the event that the offer has been made via the website, has been sent by e-mail to the e-mail address provided by the Customer. A personalized quotation is valid for two (2) weeks, unless a different period is stated in the quotation.

In accordance with the Economic Law Code, the parties expressly acknowledge that electronic forms of communication create a valid agreement. Vantyghem NV can use all electronic files at its disposal, within the limits of the law, to prove the agreement. An ordinary, digital or electronically qualified signature is not an essential evidentiary requirement

Article 4. Price and price adjustment

All prices towards Consumers are always expressed in euros and include VAT and other taxes (if the Customer acts as a legal entity, the price may be exclusive of VAT). The costs of delivery and other additional costs are not included in the product price.

Vantyghem NV is entitled to revise the agreed price as a result of changes in wages, social security contributions, material or transport prices, based on the following formula:

P1 = P0 x (0.2 + L1/L0 x 0.4 + M1/M0 x 0.4), where:

- P1 = new price

- P0 = original price

- L1 = wage cost in a given year

- L0 = original wage cost (wage index in effect in the month prior to the quotation)

- M1 = material cost in a given year

- M0 = original material cost (prices in effect in the month prior to the quotation)

If Vantyghem NV intends a price change in the above sense, it will notify the Customer of this intention in writing or by email prior to the implementation of this price change, after which the Customer can either agree in writing within the period specified in this letter. declare the intended price change, or may terminate the agreement in writing and without additional costs. In the latter case, the amounts already paid remain acquired by Vantyghem NV.

Article 5. Shipments, transport and deliveries

The delivery of products will, as far as possible, take place within the time specified in the individual order confirmation.

The delivery times are with regard to Professional Customers purely indicative. The delivery times are therefore without any obligation on the part of Vantyghem NV. Non-compliance cannot give rise to any compensation or cancellation of the agreement by the Customer.

The final delivery period with regard to a Consumer will be communicated by Vantyghem NV at the time of ordering. If Vantyghem NV fails to deliver the products at the time agreed with the Consumer, the Customer requests delivery within an additional period that is appropriate given the circumstances. If Vantyghem NV does not deliver within the additional period, the Customer has the right to terminate the agreement. In such a case of termination, Vantyghem NV will promptly and no later than fourteen (14) days after termination of the agreement reimburse the amounts paid. Exceeding the delivery period does not give rise to any other (damage) compensation. If an order is not delivered within the specified time, an investigation will be initiated by the carrier, which may take several days. During this period, a refund or other shipment cannot be made.

Products are only delivered to the countries for which the website allows delivery. Incorrect delivery addresses provided are the responsibility of the Customer and may result in additional costs.

Unless otherwise stated, the prices do not include the transport and delivery of the goods to the Customer. These transport and delivery costs are stated separately. The products are shipped at the Customer's risk.

The delivered merchandise remains the property of Vantyghem NV as long as the full price (being principal, taxes, costs and interest) has not been paid in full. The Customer undertakes to return the goods to Vantyghem NV at the request of Vantyghem NV when these goods are unpaid. From the moment the Customer (or a third party designated by him) takes physical possession of the goods, the risk for loss or damage to these goods is transferred to the Customer.

Article 6. Force majeure - Termination of agreement

If Vantyghem NV is prevented in whole or in part from fulfilling its obligations towards the other party due to a circumstance beyond its control, this will constitute force majeure. In that case, Vantyghem NV is not obliged to fulfill its obligations towards the other party. Vantyhem NV is entitled to suspend its obligations for the duration of the force majeure.

Vantyghem NV also reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in the event of bankruptcy, apparent insolvency as well as in the event of any change to the legal situation of the Customer.

Article 7. Handmade, artisanal and natural fibers, shading

Various collections are made by hand. Therefore, the usual tolerances apply with regard to dimensions, qualities and weights of the delivered goods. Slight deviations in color or finish on all natural fiber products are inherent to the material and cannot be regarded as deviations by the Customer.

Shading (pile reversal): From the moment they are put into use, all new carpets with cut pile may be subject to a physical effect called 'shading' over time. Shading occurs as a permanent local change in the polar direction. Shading creates shadow spots in the carpet in various places. This phenomenon is not caused by a manufacturing error and is therefore not a defect that could jeopardize the liability of Vantyghem NV.

Article 8. Intellectual property

All intellectual property rights and derivative rights regarding the products and trade names are retained by Vantyghem NV. These intellectual property rights include copyright, trademark, drawing and model rights and/or other (intellectual property rights, including patentable technical and/or commercial know-how, methods and concepts). The Customer is prohibited from using and/or making changes to the intellectual property rights as described in this article, unless it concerns purely private use of the product itself.

Article 9. Offer via the website

The articles offered online are monitored with the necessary attention by Vantyghem NV. However, it may happen that the information provided is incomplete or not up to date. Obvious mistakes or errors as well as whether or not the items are in stock do not bind Vantyghem NV. Vantyghem NV is only obliged to make an obligation of means with regard to the accuracy and completeness of the information provided. Vantyghem NV is under no circumstances liable for errors, typesetting or printing errors.

Article 10. Dimensions in the physical store and via the website

Both in the physical store and on the Vantyghem NV website, some handmade or hand-knotted carpets are indicated by a most commonly used, rounded size. Fringes or other finishing are never included. All dimensions should therefore be regarded as approximate.

Article 11. Samples, samples, models and examples

If Vantyghem NV shows or provides or gives a model, sample or example to the Customer 'on sight', this is always only by way of indication; the qualities of the goods to be delivered may differ from the sample, model or example.

Carpets, decor items or other selected goods that have been given by Vantyghem NV with the Buyer 'on sight' to try out at the place of residence of that Customer, must be returned in the same pristine condition.

Article 12. Consumer's right of withdrawal in the event of sales outside the sales premises of Vantyghem NV

In the event that the Customer is a Consumer and purchases products from Vantyghem NV outside the sales premises of Vantyghem NV (for example at a trade fair), the Customer has a right of withdrawal in accordance with Articles VI.67-74 of the Code of Economic Law.

Based on the right of withdrawal, the Consumer can still cancel the purchase within fourteen (14) calendar days from the day following the delivery of the product. The Consumer is not obliged to pay any compensation or to state a motive.

If the right of withdrawal is used correctly, Vantyghem NV will reimburse the Consumer promptly, and certainly no later than fourteen (14) calendar days. Vantyghem NV will reimburse the Consumer using the same payment method with which he carried out the original transaction, unless the Consumer has expressly agreed otherwise. In any case, no costs will be charged for the refund. Attention! If the Consumer has chosen a delivery method that deviates from the cheapest standard delivery method, these additional delivery costs will not be refunded.

The Consumer has no right of withdrawal in the following cases;

- The delivery of goods manufactured according to the Consumer's specifications, or that are clearly intended for a specific person (Article VI.73.3° Code of Economic Law). This includes various design items, accessories and accessories for these aforementioned (design) items, and related ones that were put together or adjusted to size or on request (color, size, composition of separate pieces);

- The delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery (Article VI.73.5° Code of Economic Law).

The Consumer who wishes to invoke the right of withdrawal must always communicate this explicitly, unambiguously and compulsorily to Vantyghem NV in writing. The Consumer can invoke this right by sending an email to info@vantyghem.com. This notification must be made within fourteen (14) calendar days from the day of (physical) receipt of the products. In his communication, the Consumer must include the following information:

- Date of order, date of receipt and date on which the right of withdrawal is used;

- Name and address of the Consumer;

- Signature of the Consumer.

The Consumer must then quickly return the relevant products to Vantyghem NV and no later than fourteen (14) calendar days after the communication. Returns will only be made by a recognized carrier. In any case, the Consumer will bear all costs and risks of return. As long as no proof of return has been provided by the Consumer, Vantyghem NV has the right to suspend the refund.

If the products are affected by a reduction in value that is the result of handling the products that goes beyond what was necessary to determine the nature, characteristics and functioning of the products, the Consumer will be responsible for this. Vantyghem NV is entitled to charge this depreciation proportionately to the Consumer. However, this will only be done after Vantyghem NV has repaid the initial purchase amount in full to the Consumer.

If the Consumer does not meet the above conditions, there is an unlawful use of the right of withdrawal. In that case, the products will be returned to the Consumer, at the Consumer's own expense and risk. Vantyghem NV undertakes to communicate its motives clearly to the Consumer.

Article 13. Warranty

The legal warranty obligation, as determined in Article 1649quater of the Old Civil Code, fully applies to these general terms and conditions. Every Consumer enjoys a legal warranty period of two (2) years. The Consumer can rely on this legal guarantee if the delivered product does not correspond to the requested or ordered product (non-conformity), insofar as the Consumer could not determine this non-conformity upon receipt of the product.

Furthermore, Vantyghem NV must, in accordance with Articles 1641 to 1649 of the Old Civil Code, with regard to all Customers (Consumers and professional Customers) are responsible for the hidden (non-visible) defects in the products it supplies. This system applies to the Consumer after the statutory warranty period of two years has expired. The system of hidden defects does not apply if the Customer was aware of these defects at the time of purchase. Consequently, every Customer is entitled to repairs if, after delivery, he discovers a hidden defect in the delivered product, in accordance with the legal regulations.

The legal warranty as well as the warranty for hidden defects does not apply to:

- damage caused by normal wear and tear, accidental or intentional changes made by the Customer to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;

- damage caused by use in a manner not in accordance with the instructions and information provided;

Vantyghem NV cannot be held liable for defects in services provided, to the extent that these services were provided by third parties, such as cleaning or restoring carpets.

Article 14. Complaint submission

As soon as the Customer or a third party designated by the Customer receives the products, it is obliged to carefully examine the products. If a product is produced by a visible defect is affected, a complaint can be filed for this. The Customer must communicate such complaints in writing to Vantyghem NV, preferably upon signing for receipt and (i) at the latest within two (2) months after delivery to a Consumer, or (ii) within eight (8) calendar days after delivery to a professional customer.

Every Customer is obliged to send the non-conforming product to Vantyghem NV within thirty (30) calendar days after submitting the complaint for repair, replacement or refund. Otherwise, the suspension of the legal warranty period will be considered invalid. The period of thirty (30) calendar days does not apply if it is clear that the product is damaged as a result of transport. In such a case, the Customer will return the product without delay and at the latest within three (3) calendar days.

If a product is produced by a non-visible defect is affected, a complaint can also be filed for this. The Customer must communicate such complaints in writing to

Vantyghem NV, within two (2) months after discovery of the defect by a Consumer, or (ii) within eight (8) calendar days after discovery of the defect by a professional customer.

The products affected by a visible defect must be returned to Vantyghem NV, always in their original condition, including their packaging, accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any failure to meet this obligation will be reduced proportionately upon reimbursement. The products affected by a hidden defect must be returned to Vantyghem NV, in their current condition, including their accessories and documentation and always accompanied by the original invoice or a valid proof of payment. Any failure to meet this obligation will be reduced proportionately upon reimbursement.

The return of a non-conforming or defective product (both visible and hidden defects) is always at the risk of the Customer. The costs of return are borne by Vantyghem NV, insofar as the Customer meets the warranty conditions. The Customer who wrongly returns a product to Vantyghem NV will be responsible for the costs. In any case, Vantyghem NV recommends returning these products by registered post and with insurance, to avoid the risks of loss and theft.

Article 15. Restoration

If the above conditions are met, the Customer is firstly entitled to a free repair or replacement, depending on the situation. Only if the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period, the Customer is entitled to a full or partial refund. The Customer will have to substantiate this in a clear and well-founded manner.

The resulting compensation can never be greater than the amount invoiced to the Customer. If the products were wrongly returned because the above conditions were not met, Vantyghem NV will resend them to the Customer. The costs of this return are borne by the Customer. In that case, Vantyghem NV is free to store the products with third parties at the expense and risk of the Customer as long as these return costs have not been paid.

Article 16. Payment terms

Unless otherwise agreed, the Customer is obliged to pay Vantyghem NV invoices in cash within 8 calendar days after the invoice date. Late payment of an invoice will void all outstanding invoices, even if the due date of these invoices has not yet passed.

In the event of late payment of any amount due under the agreement or for any other reason, (i) Vantyghem NV is entitled to take back the delivered goods; (ii) in that case, Vantyghem NV is legally entitled to compensation of 10% of the amount due (with a minimum of EUR 125.00) as well as a conventional late payment interest at the interest rate determined in accordance with the Act of 2 August 2002 on combating of late payment in commercial transactions, also applicable if the Customer is a Consumer;

All delivered goods remain the full property of Vantyghem NV until full payment of all claims of Vantyghem NV, such as principal amount, costs and interest, on the basis of the agreement and/or previous or later agreements of the same nature, as well as any damages same Customer. Any risk of damage or loss of the goods is borne by the Customer.

Article 16. Cancellation clause

The nullity, invalidity or unenforceability of any provision of these General Terms and Conditions will nevertheless have the maximum permitted consequences and this will furthermore not have any influence on the validity of the other provisions of these General Terms and Conditions and will not lead to the nullity of these provisions. The void or unenforceable provision will be replaced by mutual agreement between the Parties, who will negotiate to the best of their ability and in good faith, by a legally valid provision with the same or similar economic scope.

Article 17. Competent court and applicable law

In the event of a dispute of any nature, only the courts in the jurisdiction to which the registered office of Vantyghem NV belongs will have jurisdiction. Furthermore, only Belgian law will apply.