Terms and Conditions

General provisions

1. The House is a public limited company under Belgian law, with its registered office at 1000 Brussels, Koloniënstraat 11, and company number 0477.922.166 (Brussels Trade Register, Dutch-language section) (hereinafter “The House”). Email: info@the-house.be – Website: www.the-house.be.
2. These general terms and conditions apply to all offers, orders and contracts (in-store and via the online shop), and to the resulting deliveries and services of any kind between The House and the customer. The customer receives these terms and conditions upon placing an order, entering into a contract and upon receipt of invoices. By signing the order or the contract, or by accepting the invoice, the customer acknowledges that they have read and agree to these general terms and conditions.
3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

No right of withdrawal

1. The consumer cannot exercise the right of withdrawal provided for in Article IV.47, as the price is subject to fluctuations in the financial market over which The House has no influence and which may occur within the withdrawal period (Article VI.53(2) of the WER).

Payments

1. Unless otherwise stated on the invoice, all invoices are payable immediately. The House NV reserves the right, in the event of non-payment, to demand performance of the contract or to terminate it at the customer’s expense. In the event of non-payment by the customer within 7 days, following one unsuccessful notice to pay the purchase price within 7 days, the contract may be terminated at the customer’s expense and Article 3.6 shall apply in full.
2. Unless expressly agreed otherwise, all orders are payable by bank transfer or any electronic means of payment. Cash payments are only possible in one of the shops if this has been agreed in advance and up to a maximum of 3,000.00 euros (regardless of the invoice amount).
    
3. Debts of a business. In the event of non-payment or late payment, even in the event of termination of the contract, default interest shall be payable by operation of law and without notice of default at the interest rate provided for in the Act of 2 August 2002 on combating late payment in commercial transactions. Furthermore, the customer is obliged to pay a fixed compensation of 10 per cent on any outstanding invoice amount, also by operation of law and without notice of default, with a minimum of 250.00 euros and a maximum of 2,500 euros, without prejudice to The House’s right to prove further damage and loss.
    
4. Without prejudice to The House NV’s right under the Consumer
   Debts Act (Book XIX of the WER) in the event of non-payment or late payment, statutory default interest shall be payable. Furthermore, the customer is obliged to pay a fixed compensation on any outstanding invoice amount if payment is not made within fourteen (14) days of the dispatch of an initial reminder, without prejudice to The House’s right to prove further damages and losses. The amount of the fixed compensation is equal to:
   
   − 20 euros if the outstanding balance is less than or equal to 150 euros;
   − 30 euros plus 10 per cent of the amount due on the portion between 150.01 and 500 euros if the outstanding balance is between 150.01 and 500 euros;
   − 65 euros plus 5 per cent of the amount due on the portion exceeding 500 euros, up to a maximum of 2,000 euros, if the
   outstanding balance exceeds 500 euros. The
   
   same late payment interest and penalty clause apply in the event of late repayment by The House in accordance with clause 2.3.
    
5. To be valid, any objection to an invoice must be received by The House in writing within 8 days of the invoice date.
6. In the event of cancellation of the transaction by the customer, the following charges will be applied:
   
   − cancellation fee: 100 euros
   − administrative fee: 50 euros
   − compensation equal to the difference between the selling price of The House NV at the time of purchase and the selling price of The House NV on the day of cancellation by the customer.  
   
   

Retention of title

1. All goods delivered remain, even if processed, mixed or incorporated, the exclusive property of The House until full payment of the principal sum, interest and costs has been made.
    

Obligation to provide identification

In order to comply with legal obligations and to ensure security and transparency, The House reserves the right to verify the identity of its customers. The House only enters into contracts with customers who are of legal age.

For private customers
Private customers are obliged to provide proof of identity upon first request by means of a valid and official identity document (such as an identity card or passport). The House may retain a copy or record of this document, in accordance with applicable data protection legislation.

For business customers
Companies and other legal entities are obliged, prior to entering into a contract or upon The House’s first request, to provide the following documents:

- A recent and valid UBO (Ultimate Beneficial Owner) document showing the ultimate beneficial owners;

- A copy of a valid identity document for the director(s) and/or ultimate beneficial owner(s).

If the required identification details are not provided, or are incomplete or incorrect, The House reserves the right to refuse, suspend or terminate the provision of services without any form of compensation.

All personal data provided will be processed in accordance with the applicable data protection regulations.

Liability

1. The House is not bound by incorrect price quotations where there is a manifest error.

Force majeure

1. In the event of force majeure, the parties cannot be held liable for fulfilling their obligations towards one another and are entitled to suspend their obligations for the duration of the force majeure. The party wishing to invoke a case of force majeure must notify the other party in writing within 24 hours. If the performance of the agreement becomes impossible as a result of the force majeure, either party may terminate the agreement without this giving rise to any liability for damages. Changes in the price of gold, the euro or other exchange rates do not constitute force majeure.

Privacy

1. The processing of personal data is governed by The House’s privacy policy, which the customer declares to have read and to accept. The House’s privacy policy may be consulted at any time at www.the-house.be.

Applicable law and competent courts

1. Belgian law applies exclusively.
2. Any disputes arising from the contract fall within the exclusive jurisdiction of the courts of the judicial district of Kortrijk (Dutch-speaking). The application of the Vienna Sales Convention is expressly excluded.

Miscellaneous provisions

1. The parties accept electronic communication (e.g. email) as evidence.
2. The invalidity of any one clause of these general terms and conditions shall not render the entire set of these general terms and conditions invalid.