General conditions

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Bye: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of Withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the entrepreneur that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Remote Agreement: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Dennis Rammelaere | Managing director Biljarts 't Clubke BV

Oostendestraat 368 8820 Torhout - Belgium

0477/95 49 75 (reachable every weekday from 8 a.m. - 6 p.m.)

Email address: info@biljarts-clubke.com

VAT identification number: BE 0769 450 025

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
5. If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
6. Situations not covered by these general terms and conditions should be judged "in the spirit" of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted "in the spirit" of these general terms and conditions.

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in the
   particular:
   • the price including taxes;
   • the cost of shipping, if any;
   • The manner in which the agreement will be established and what actions are necessary to do so;
   • Whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the agreement;
   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   • Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
   • the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
   • any other languages in which, in addition to Dutch, the agreement may be concluded;
   • the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of an endurance transaction.
   • Optional: available sizes, colors, type of materials.

1. The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
6. the visiting address of the trader's branch where the consumer can address complaints;
7. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
8. the information on warranties and existing after-purchase service;
9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
12. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. This reflection period should allow the customer to evaluate the purchased product - whether he wishes to keep the product - such as viewing a product in a showroom or store window. Used, damaged or incomplete products will not be taken back. Products must be returned to us in the manufacturer's original condition and packaging that has not been opened accompanied by proof of purchase. We only accept returns and refunds for items purchased through the biljarts-clubke.com webshop.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
4. If the customer has not made known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

When providing services:

1. With the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products that have been custom-made. All billiard tables, pool tables, tap billiards... that you buy through this web store are custom made according to the specification you entered. The right of withdrawal is therefore not applicable here. The sale is thus final after successful payment.
3. that have been created by the entrepreneur in accordance with consumer specifications;
4. that are clearly personal in nature;
5. which by their nature cannot be returned;

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:
   • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
   • The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
   • The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.
5. All of our tables are custom made. We work with durable materials, the tables are always made from solid oak, so you can enjoy your custom made table for a lifetime. Solid oak is a natural product that 'lives' where it is perfectly normal for natural lines, cracks or knots to show or form. This is the natural charm of the product and is never covered under warranty.
   We deliver the tables as they should be with no damage or defects. If the table shows damage due to moving, relocation, third-party processing, exposure to extreme conditions or, in the case of optional heating, improper heating of the table, it is never covered under warranty. 
   Sheet wear is perfectly normal. Damage to a sheet never comes naturally. If holes have been played in or the sheet has been exposed to extreme conditions, this is never covered under warranty. Any damage can always be repaired by us.

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Delivery deadlines are given by way of indication only. The fact that this deadline is exceeded, whatever the cause, does not give the buyer any right to compensation, penalty, cancellation of the order or breach of contract. 
4. Custom work is carried out as stated on the quotation or as entered on the webshop. The consumer is expected to check these carefully for any errors or incompleteness. After approval of the quotation or placing an order on the webshop, it will be executed with the utmost care. An approved quotation/order is binding for execution, any errors or incompleteness that were not noticed by the consumer cannot be recovered from us and we are not responsible for it. The consumer has no right to compensation.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
7. Delivery of equipment upstairs: because of the weight of the tables (pool table, billiard table, carom three-band, air field hockey, soccer table,...), it is not easy to install them upstairs. To keep this physically feasible and affordable, we ask the customer to provide on-site assistance of at least 4 people. If a forklift or furniture elevator is needed for a delivery, this will be provided by the customer at a local company.
8. We make your billiard table completely customized, so order early. This unique craft is done with heart and soul, which translates into a certain delivery time. We always make an estimate for the delivery time, because we have to take into account many variables. All billiards are custom made to order for each customer. Depending on which model and the chosen options, the delivery time is at least 12 weeks. Depending on the period of the year, the production and delivery time may vary.

Termination

1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
3. The consumer may enter into the agreements mentioned in the previous paragraphs:

• cancel at any time and not be limited to cancellation at a particular time or period;
• terminate at least in the same manner as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

7. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

1. All invoices are payable within 30 days of invoice date, unless otherwise stated. Protests against the invoice must be sent by registered mail to Biljarts 't Clubke BV within a period of no more than fourteen days after the invoice has been sent, failing which the invoice is deemed to have been accepted and the customer loses all right to contest.
2. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
3. Our invoices are sent via email or by mail. In case of a first reminder, the invoice is sent both via email and by post and no extra costs are charged. In case of non-payment after the first reminder, a reminder fee will be charged.
4. For an invoice with a balance due less than or equal to 150 euros, a reminder fee of 20 euros will be charged. For an invoice with a balance due between 150 and 500 euros, a reminder fee of 30 euros will be charged. For a balance due greater than 500 euros, a reminder fee of 65 euros will be charged.
5. Any amount remaining unpaid on its due date shall automatically and without notice of default yield interest calculated on the basis of the Belgian legal interest rate plus 2%, with a minimum interest rate of 12%. In case of non-payment on the due date, we reserve the right to increase the amount of the invoice by 10%, with a minimum of €25.00. Any non-payment automatically entails the expiry of deadlines such that the entire claim becomes payable at once. The buyer cannot invoke a dispute to refuse or suspend payment.
6. General payment terms: 40% advance payment after approved quotation, balance upon delivery of goods.
7. An advance payment is required when ordering custom work. The remaining balance is due upon delivery of the table. 
8. When renting pub games, a deposit is required to confirm the reservation.
9. All goods remain the property of Biljarts 't Clubke until paid for in full.
10. Gift certificates, vouchers or the like cannot be exchanged for cash.
11. The agreement is subject to Belgian law. In case of any dispute between the parties, the dispute shall be brought before the competent court of the district of Ghent being, as the case may be, the Commercial Court of Ostend or the Vredegerecht of Torhout.

1. The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution process.
5. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

1. On contracts between the entrepreneur and the consumer to which these general conditions relate, only Belgian law applies. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.