TERMS AND CONDITIONS
Thee.be BV
These Terms and Conditions apply to any use of the website www.thee.be, to all goods and services available on the site, to all goods and services provided by Thee.be BV, and to any and all offers, orders, and agreements associated therewith.
ARTICLE 1 – DEFINITIONS
In these general terms, the following is understood: 1.1 Thee.be BV: Thee.be BV, a company under Belgian law, with its registered office at Boomsesteenweg 10, 2627 Schelle, BE 0747.842.581, and all companies directly or indirectly affiliated with it; 1.2 Customer: the counterparty to Thee.be BV in an Agreement or other legal relationship; 1.3 Agreement: any agreement between Thee.be BV and the Customer and any amendment or supplement thereto; 1.4 Goods: all tangible items to be delivered to the Customer in execution of an Agreement; 1.5 Services: all services to be provided by Thee.be BV to the Customer, including but not limited to providing advice; 1.6 Damage: all direct financial damage suffered by the Customer, excluding lost revenue, profit, and/or other consequential damage, but including reasonable costs incurred for accountants, legal advisors, and tax specialists to determine damage and liability; 1.7 Force Majeure: any shortcoming not attributable to Thee.be BV, because it is not due to its fault nor for its account by law, legal act, or generally accepted views; 1.8 Terms and Conditions: these general terms of sale and delivery.
ARTICLE 2 – GENERAL
2.1 By using the website and/or the goods and services delivered by Thee.be BV, the Customer confirms and guarantees that they are 18 years or older and are acting on behalf of a company. The Customer undertakes to properly follow all instructions from Thee.be BV, including providing accurate, up-to-date, and complete personal data.
2.2 The Customer is obliged to update personal data within ten (10) days if any changes occur.
ARTICLE 3 – NO ILLEGAL OR PROHIBITED USE
3.1 The Customer undertakes not to use the goods and services for illegal purposes or in violation of these Terms and Conditions or any other applicable provisions.
ARTICLE 4 – RESTRICTION / TERMINATION
4.1 Thee.be BV reserves the right, at its sole discretion, to terminate the Customer’s access to all or part of the services at any time, for any reason, without prior notice or liability. Reasons for such termination include but are not limited to (a) violation of these Terms, (b) requests by police or judicial authorities, (c) unforeseen technical or security issues, and (d) prolonged inactivity.
ARTICLE 5 – ACCOUNT
5.1 After completing the registration form on the website, the Customer will receive a password and an assigned account.
5.2 The Customer is responsible for maintaining the confidentiality of their password and account and bears full responsibility for all activities occurring under their password or account.
5.3 The Customer agrees to (a) immediately notify Thee.be BV of any unauthorized use of their password or account or any other security breach and (b) log out of their account after each session. Thee.be BV accepts no liability for any loss or damage resulting from the Customer’s failure to comply with this provision.
5.4 The Customer agrees to indemnify and hold Thee.be BV harmless from any claims resulting from the use or misuse of their password or account by any unauthorized person.
ARTICLE 6 – OFFERS / AGREEMENT
6.1 All offers from Thee.be BV are only binding after the Customer has received a confirmation of receipt from Thee.be BV affirming the agreement and/or confirming the order.
ARTICLE 7 – DELIVERY AND SHIPPING INFORMATION
7.1 Delivery times provided by Thee.be BV are indicative only.
7.2 Exceeding any delivery time does not entitle the Customer to damages, nor to cancel the order or dissolve the agreement, unless the delay is such that it would be unreasonable to expect the Customer to maintain the agreement. In such a case, the Customer may cancel the order in writing. Thee.be BV will then refund the payments made within thirty days, without further liability.
ARTICLE 8 – RISK DURING TRANSPORT
8.1 Delivery occurs when the goods leave the Thee.be BV warehouse. At that moment, the risk of damage, theft, or loss passes to the Customer.
8.2 If Thee.be BV arranges transport, this does not affect the provisions of clause 8.1.
8.3 The Customer must accept and unload the goods immediately upon delivery at the agreed location.
8.4 Upon delivery, the Customer must check whether the goods conform to the agreement. Complaints must be reported in writing within two (2) working days for visible defects, and within two (2) days of discovery (or within thirty (30) days after delivery at the latest) for hidden defects.
ARTICLE 9 – COOLING-OFF PERIOD
For all products purchased on Thee.be’s webshop, the consumer has a 14-day cooling-off period starting from the delivery date. The right of withdrawal does not apply to customized products or for business customers.
The consumer must handle the goods and packaging with care during this period and may only unpack or use them as necessary to determine the nature, characteristics, and functioning of the goods. If the consumer exercises the right of withdrawal, goods must be returned at the consumer’s expense, undamaged, and in original packaging within 14 calendar days.
Withdrawal must be communicated via a clear statement to the physical or electronic address provided. Refunds are processed within 14 days after receipt of the goods.
Goods must be returned to:
Thee.be BV, Boomsesteenweg 10, 2627 Schelle, BELGIUM
or via email: support@thee.be.
Return shipping costs are at the consumer’s expense unless otherwise indicated.
ARTICLE 10 – WARRANTY
10.1 Complaints regarding delivered products must be made within 5 working days after delivery, accompanied by a detailed description.
10.2 If Thee.be BV considers a complaint justified, replacement goods or a voucher will be offered. No other damages or shipping costs will be reimbursed unless it falls under warranty.
10.3 Warranty does not apply in cases of misuse, negligent use, or unauthorized modifications.
ARTICLE 11 – LIABILITY
11.1 Thee.be BV’s liability is limited to the warranty provided under Article 10.
11.2 Liability for defective products is limited to direct damage and the product’s purchase price. Indirect damage is excluded except in cases of intent or gross negligence.
11.3 Thee.be BV is not liable for defects caused by incorrect or negligent use.
11.4 The Customer agrees to indemnify Thee.be BV against third-party claims resulting from the use of goods and services.
ARTICLE 12 – EVIDENCE
12.1 The records of Thee.be BV serve as conclusive evidence unless proven otherwise.
12.2 Electronic communications are admissible as evidence.
ARTICLE 13 – CUSTOMS
13.1 Thee.be BV cannot guarantee that customs authorities will not seize the goods. No refunds will be made in such cases.
ARTICLE 14 – PRICES, PAYMENT, AND SET-OFF
14.1 Prices are listed in euros, excluding VAT, handling, and shipping costs unless stated otherwise.
14.2 All invoices are payable immediately unless stated otherwise.
14.3 Thee.be BV may set off receivables against debts owed to the Customer.
14.4 In case of late payment, the invoice amount is increased by 10% with a minimum of €100 and subject to interest of the legal Belgian rate plus 2% (minimum 8%).
ARTICLE 15 – RETENTION OF TITLE
15.1 Goods remain the property of Thee.be BV until full payment, including costs and interest, has been received. Risk passes to the Customer upon delivery.
ARTICLE 16 – FORCE MAJEURE
16.1 In case of force majeure, Thee.be BV may suspend or dissolve the agreement without compensation.
ARTICLE 17 – COMPLAINTS PROCEDURE
17.1 Thee.be BV has a complaints procedure and handles complaints accordingly.
17.2 Complaints must be submitted within 7 days after defects are found.
17.3 Complaints are answered within 14 days.
17.4 If complaints cannot be resolved, a dispute arises subject to the dispute settlement procedure.
17.5 Consumers can contact WebwinkelKeur for mediation and subsequently submit disputes to an independent arbitration committee. Complaints can also be submitted via the European ODR platform.
17.6 Complaints do not suspend the Customer’s obligations.
17.7 If a complaint is justified, Thee.be BV will either replace or repair the products at no cost.
ARTICLE 18 – MISCELLANEOUS
18.1 Thee.be BV may amend these Terms and Conditions at any time.
18.2 Allowing deviations from the Terms does not waive rights to strict compliance.
18.3 These Terms constitute the entire agreement.
18.4 If any provision is invalid, it does not affect the validity of the other provisions.
18.5 These Terms are governed by Belgian law. The courts of the district of Antwerp have exclusive jurisdiction.