Article 1 – Thoné Pigeons BV
Registered office: Kruisstraat 14, 3668 As, Belgium.
VAT ID - BE0467.009.072
Article 2 – Definitions
In these General Terms and Conditions, the terms below are defined as follows:
Operator: the natural or legal person that provides distance marketing services of consumer products and/or services (in this case Thoné Pigeons)
Consumer: the natural person not acting in the exercise of profession or business, and who enters into a distance contract with the operator;
Means of distance communication: a medium that can be used to enter into a contract, without physical proximity of the consumer and the operator, including, but not limited to, fax, telephone and the internet;
Distance contract: a contract in which one or more means of distance communication in the system organised by the vendor or service provider (operator) for distance selling of products and/or services is used exclusively until the contract is concluded;
Right of withdrawal: the option for consumers to withdraw from the distance contract within the cooling-off period;
Cooling-off period: the period during which the consumer may use their right of withdrawal;
Day: calendar day;
Long-term transaction: a distance contract for a number of products and/or services, in which the offer and/or purchasing obligation is spread over a longer period;
Long-term, data-storage media: any medium that allows the consumer or operator to store all information directed to them personally, so that it allows for future consultation and unaltered reproduction of that information.
Article 3 – Applicability
These general terms and conditions apply to any distance contract entered into by the operator and the consumer, and to any offer from the operator.
Before concluding a distance contract, the operator provides the text of these general terms and conditions to the consumer. If it is impossible to provide the general terms and conditions in advance, the operator must indicate before concluding the distance contract that the consumer may consult the general terms and conditions and that these will be sent free of charge to the consumer as quickly as possible on request. The text of these general terms and conditions may also be provided to the consumer electronically, so that the consumer can easily store it on a durable data-storage medium. If this is not possible, before concluding the distance contract, the operator must specify where the general terms and conditions can be viewed electronically and confirm they will be delivered at the consumer’s request, electronically or otherwise.
If certain product or service conditions apply in addition to these general terms and conditions, the second paragraph will apply by analogy. If there is any contradiction with the general conditions, the consumer may always appeal to the applicable provision most favourable to them.
Article 4 – Contract
The contract becomes valid once the consumer accepts the offer and meets the conditions, subject to paragraph 6 of this article.
If the consumer accepts the offer electronically, the operator will immediately acknowledge receipt of the acceptance of the offer electronically. The consumer may decide not to proceed with the contract any time until the operator acknowledges receipt of the acceptance.
If the consumer has accepted the offer electronically, the operator must adopt appropriate technical and organisational security measures for the electronic data transfer. The operator must adopt appropriate security measures if the consumer has been given the option to pay electronically. In this context, the operator must ensure a secure web environment.
The operator must send the following information along with the product or service, in writing or so that it can be stored on a sustainable data storage medium by the consumer in an accessible manner:
- the physical address of the operator’s business establishment where the consumer may go with any complaints;
- the conditions for terminating the contract if its term is longer than one year or is indefinite;
- the information as stated in Article 5, paragraph 3, unless the operator has already provided the consumer with this information before concluding the contract;
- the information corresponding to guarantees for consumer goods and after-sales service;
- the conditions under which, and the manner in which, the consumer may use the right of withdrawal, or clear notification on exclusion from the right of withdrawal.
If the operator has undertaken to deliver a series of products or services, the stipulation in paragraph 4 applies to the first delivery only.
The operator may gather information within the limits of the law about the consumer’s ability to fulfil their commitments, as well as all facts and factors relevant to a distance contract. If the operator, acting on the results of this investigation, has sound reasons not to enter into the contract, it is lawfully entitled to refuse an order or request, or to include special terms for its performance.
Since a pigeon offered for sale on the Thoné Pigeons website is definitively purchased only once the consumer has actually paid, no credit check will be performed on this consumer and other rules will apply.
Article 5 – Offer
The operator must explicitly state whether an offer is of limited duration, or if certain conditions apply.
The offer must contain a complete, accurate and detailed description of the products and/or services provided, so that the consumer is able to judge the product/service adequately. If pictures are used with the offer, they must be real pictures of the products and/or services provided. Obvious mistakes or errors in the offer, which may be immediately clear to the consumer are mistakes or errors, are not binding on the operator.
In its offer, the operator clearly sets out the consumer’s rights and obligations on accepting the offer. These include:
- the price including taxes;
- if applicable, the delivery costs;
- the negotiation procedure of the contract and how the consumer may enter into these negotiations;
- delivery, payment or performance provisions of the contract;
- the manner in which the consumer may seek information about actions they do not require before concluding the contract, as well as how they may correct these actions before concluding the contract;
- the languages, including Dutch, in which the contract will be concluded;
- the codes of conduct to which the operator has submitted and the manner in which the consumer can consult the codes of conduct electronically, and
- the minimum duration of the distance contract if a long-term contract or a contract for the continuous or periodical delivery of products or services;
- whether or not the right of withdrawal applies;
- if the contract is filed after conclusion, how the consumer can consult it;
- the price of distance communication if the costs for using distance communication technology are calculated on a basis other than a service-charge basis;
- acceptance period of the offer, or the period for which the price will be honoured.
Article 5 – A - Offer to sell a pigeon
The operator who offers the pigeon for sale is the owner of this pigeon and responsible for the accuracy of the identification data (ring number), pedigree and appearance of it as shown on the published photograph.
However, the operator cannot be held responsible for the sex of a pigeon younger than one year old.
The operator must make every effort to correctly display the external characteristics of the pigeon offered for sale.
However, the operator cannot be held responsible for any interpretation or dispute about the external qualities of the pigeon, unless the description proves to be entirely incorrect.
The consumer may make an appointment with Thoné Pigeons to inspect the pigeon being offered for sale at the operator’s premises before purchasing it.
Article 6 – Price
All prices of the offered products or services include VAT. If additional costs apply, these must be clearly specified in the offer. Delivery charges are never included in the offer. Thoné Pigeons is not a shipping company and its customers are always responsible for the transport of purchased pigeons at their own expense. However, Thoné Pigeons will always provide the necessary information and guidance for transporting pigeons.
The prices of the products and/or services provided cannot be raised during the validity period stated in the offer, unless the change in price is caused by a change in the VAT rate.
Notwithstanding the previous paragraph, the operator may offer variable pricing for products or services whose prices are subject to fluctuations in the financial market beyond the operator’s control, provided the operator clearly indicates in the offer that prices may vary and that the specified prices are target prices.
Price increases within three months of concluding the contract are not permitted unless they are the result of statutory schemes or provisions.
Price increases more than three months after concluding the contract are not permitted unless the operator has negotiated this, they are the result of statutory schemes or provisions, or the consumer has the option to terminate the contract because of a price increase.
Price of the pigeon offered for sale:
All pigeons for sale on the Thoné Pigeons website are offered at a fixed price, without the right to sell to the highest bidder but also without the possibility to negotiate a lower price.
Article 7 – Payment
Unless agreed otherwise, the amounts owed by the consumer for one or more pigeons must be paid before they are transported. This means full payment before the pigeon leaves the premises of Thoné Pigeons or the property of its resellers. Unless agreed otherwise, Thoné Pigeons will request a deposit if pigeons are to be shipped more than 30 days after the invoice date. Thoné Pigeons may cancel any contract if the customer fails to pay an invoice on time.
If the consumer fails to pay, the operator may, unless lawful restrictions apply, charge any reasonable costs it has incurred to the consumer, provided that the consumer has been informed of these costs beforehand.
The consumer must inform the operator immediately of any inaccuracies in the payment details.
When selling products to consumers, an advance payment of more than 50% cannot be stipulated in the general terms and conditions. However, an advance payment of more than 50% can be negotiated. If an advance payment has been agreed, the consumer may not assert any rights regarding the order or service before the agreed advance payment has been made.
Article 7 A
Payments of pigeons offered for sale:
A pigeon offered for sale on the site at a fixed price can be acquired only by payment of the full purchase price into an account of Thoné Pigeons.
No advance payments will be accepted for the purchase of a pigeon. Such a payment creates no rights for the party making payment.
The pigeon only becomes the property of the first person to deposit the full purchase price into Thoné Pigeon’s account.
The purchase of a pigeon offered for sale is regarded as finalised only once the consumer has paid the full purchase price including VAT. If two or more people have accepted the offer, the purchase will be valid only in respect of the first person to pay.
As soon as the operator has received payment, ownership of the pigeon with all the associated rights and obligations passes to the consumer.
The consumer must collect the pigeon within one month of purchase. The operator must take professional care of the pigeon in the interim. The pigeon must be delivered in optimal health.
Article 8 – Right of withdrawal on delivery of products
When purchasing products, the consumer may withdraw from the contract without specifying reasons for at least 14 days as from the date of receipt of the product purchased by them or on their behalf. This does not apply to pigeons. (See Article 11 A)
Article 9 – Right of withdrawal on provision of services
If services are provided, the consumer may withdraw from the contract without specifying reasons for at least 14 days as from the contract start date.
The consumer must follow the reasonable and clear instructions for using their right of withdrawal, as provided to them by the operator with the offer and/or upon delivery at the latest.
Article 10 – Costs relating to withdrawal
If the consumer uses their right of withdrawal, the maximum they can be charged is the costs of returning the product or service.
If the consumer has made payment, the operator must return this amount as quickly as possible, no later than 30 days after the return or withdrawal.
Article 11 – Exclusion from the right of withdrawal
The operator may exclude the right of withdrawal only if it has clearly indicated this in the offer and in good time before commencing the contract.
Exclusion of the right of withdrawal is only possible for products:
- that spoil or age quickly;
- that cannot be returned due to their nature;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for copies of newspapers and magazines;
- that the operator made in accordance with the consumer’s specifications;
- whose prices are subject to fluctuations in the financial market beyond the operator’s control;
- that are obviously of a personal nature;
Exclusion of the right of withdrawal for services is possible:
- with betting and lotteries;
- with services whose delivery started, with the consumer’s explicit consent, before the cooling-off period expired;
- if the services relate to transport, the restaurant business, accommodation or leisure activities, to be performed on a certain date or during a certain period.
Article 11 A - No right of withdrawal, only a right to terminate when purchasing pigeons
By paying for the pigeon, the consumer confirms that they have entered into the definitive purchase contract, acquired the right of ownership of the pigeon, and cannot revoke the purchase.
However, the consumer does retain the right to terminate the purchase contract if the pigeon received does not correspond to the pigeon offered for sale on the site, with reference to its identification data (ring number) and pedigree after DNA testing.
The consumer must give Thoné Pigeons notice that they are contesting the sale because of inaccurate identification data by email or registered post within 48 hours of receiving the pigeon.
If the consumer wishes to have a DNA test done to check the pedigree of the pigeon offered for sale, they must notify Thoné Pigeons within three working days, but always before the delivery or transport.
The party requesting the DNA test must pay the related costs. If the DNA test does not confirm the alleged pedigree, the consumer may reclaim the full purchase price, the costs of transporting the pigeon, and the general costs of the DNA test from the operator.
Article 12 – Long-term transactions
If the parties enter into an open-ended contract, the consumer may terminate the contract at any time, subject to the conditions for terminating the contract, and a maximum one-month notice period.
The maximum term for a fixed-term contract is two years. If it has been agreed that the distance contract will be extended if the consumer gives tacit consent, the contract will then be continued as an open-ended contract, and the notice period after its continuation will be no more than one month.
Article 13 – Delivery and performance
When receiving and executing product orders, and assessing requests to provide services, the operator must act with due diligence.
The operator acknowledges electronic communication and cannot deny its validity or legal effects for the sole reason that the communication happens electronically.
If delivery of an ordered product turns out to be permanently impossible, the operator must try to offer an equivalent replacement product. The operator must give the consumer clear and comprehensible notice stating that a replacement product will be delivered and by which date. The right of withdrawal cannot be excluded for replacement products and the consumer may terminate the contract. In this case, the operator must pay any costs of returning the products.
Unless explicitly agreed otherwise, the risk of loss and/or damage to products remains with the operator until they are delivered to the consumer.
The address provided by the consumer to the operator is the place of delivery.
Subject to Article 5, the operator must execute accepted orders with due speed, i.e. within 30 days, unless a longer delivery period has been agreed. If a delivery is delayed, or if an order cannot be delivered or can only be partially executed, the consumer must be informed of this within one month of ordering. In such cases, the consumer may terminate the contract free of charge and may be entitled to compensation.
If termination occurs under the preceding paragraph, the operator must refund the consumer as quickly as possible, no later than 30 days after termination.
Article 13 A - Other rules for transporting purchased pigeons:
As soon as the operator has received payment, ownership of the pigeon with all the associated rights and obligations passes to the consumer.
However, the operator undertakes to look after the pigeon for up to one month with due care and diligence.
The consumer must ensure the transport of the pigeon without involving the operator. The operator must provide information about transport options to the consumer. The transport will be handled by a third party with whom the consumer negotiates the transport conditions and risks.
Arrangements for transport (including collection) must always be made with Thoné Pigeons. The operator cannot be obliged to be available 24/7 for collection.
The operator may always refuse a transport company if safe collection cannot be guaranteed and the pigeon cannot be transported optimally in the interests of its health.
The consumer is not automatically entitled to collect a purchased pigeon personally from the operator. Collection of pigeons can be arranged only subject to Thoné Pigeons’ availability and by appointment.
Article 14 – Warranty
A warranty arrangement provided by the operator, manufacturer or importer cannot limit or set aside the consumer’s rights and claims by law or under the distance contract relating to any failure of the operator to fulfil its obligations toward the consumer.
Other specific conditions apply to the delivery of pigeons (see Article...)
The operator warrants the accuracy of the identification data (ring number), pedigree and appearance of the pigeon as shown on the published photograph. If the pigeon does not conform to the information and data provided with the offer for sale on the website, the consumer may terminate the purchase contract, subject to the conditions set out in Article 11 A of these terms and conditions and claim a refund of the purchase price and the transport costs from the operator.
Article 15 – Conformity
The operator warrants that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of usability and/or reliability, and the existing provisions of the law and/or government regulations on the date the contract was concluded.
Other specific conditions apply to the delivery of pigeons (see Article 11 A).
Article 16 – Settling complaints
The operator must have a sufficiently advertised complaints procedure and deal with complaints in accordance with this complaints procedure.
The consumer must fully and clearly describe any complaints about the performance of the contract and submit these to the operator within a reasonable period after establishing the defects.
The operator must attend to and address the submitted complaints as quickly as possible, but no later than 14 days from the date of their receipt. If a complaint is expected to take longer to process, the operator must answer within the 14-day period with an acknowledgement of receipt and indicating when the consumer can expect a more comprehensive response.
Article 17 – Additional conditions or deviations
Additional conditions or deviations from these general terms and conditions may not adversely affect the consumer and must be put in writing or be recorded so the consumer can store them in an accessible manner on a durable data-storage medium.
Article 18 – Governing law
Contracts between the operator and the consumer, to which these general terms and conditions apply, are governed exclusively by Belgian law.
The contract is concluded in As (Belgium), the place of the operator’s registered office, the place where payment is deemed to be made, and the place from where the operator’s obligation to provide services and deliver products arises.
The courts of Limburg (Belgium) have jurisdiction.