General terms of online business
These terms of business are concluded between, on the one hand, Dominique Thirion, established at 1030 Brussels, 13 avenue des Capucines, registered with the CBE under number BE0567276586, hereafter also referred to as the "Seller" and, on the other hand, any individual or entity wishing to make a purchase via the website "Dominique Thirion”, hereafter referred to as the "Buyer".
The aim of these business terms is to define the contractual relationship between Dominique Thirion and the Buyer and the terms and conditions applicable to any purchase made through the commercial site of Dominique Thirion, whether the Buyer is a professional or a consumer.
The acquisition of goods through this site implies unconditional acceptance by the Buyer of these business terms and of the conditions for consulting the site (disclaimer), which are concurrent with these conditions.
These business terms take precedence over any other general or specific conditions not expressly approved by Dominique Thirion.
Dominique Thirion reserves the right to modify his business terms at any time. In this case, the applicable conditions will be those in force at the date of the order made by the Buyer.
Characteristics of goods on sale
The products offered are those offered for sale on the site of Dominique Thirion.
These products and services are offered subject to availability, as it is not possible to update the site instantaneously in the event, for example, of an item being sold at the gallery.
Each object is accompanied by a description written by Dominique Thirion.
Descriptions and assessment of state of preservation are subjective and are given in a manner dictated by knowledge and conscience.
The photographs in the catalogue are as accurate as possible but cannot guarantee perfect similarity with the subject, especially with regard to colour.
The prices listed in the catalogue are final prices in euros taking into account the VAT applicable on the date of the order; any rate change may be reflected in the price of goods or services.
All goods listed on this site are subject to the profit margin taxation system.
VAT is included and not deductible.
Dominique Thirion reserves the right to change prices at any time, it being understood however that the price indicated on the site on the day of the order is the only price applicable to the Buyer.
Prices shown do not include the cost of order processing, transportation and delivery, and insurance.
Shipping and insurance
Items are sent via Fedex. The calculation of shipping and insurance costs in the basket is done automatically once the country of destination has been chosen, depending on the size, weight and value. If the basket contains several items, the rates are not necessarily cumulative, only the highest is taken into account.
Coins, whatever the number and destination, are sent by recorded delivery letter to the Post Office for a flat rate of €10 including shipping and insurance.
Buyers wishing to buy a product must:
- Place it in the "Basket", choosing where necessary the destination country to determine shipping costs and insurance, and then click on "Order".
- Provide the information requested on the "Instructions" page, confirm acceptance of the business terms and then click "Next."
- Where applicable, give a different delivery address from the residential address, then click "Next".
- Check the information provided on the "Summary" page and click "Buy".
- If the online payment method has been selected, the Buyer will be redirected to the secure page to continue with payment.
- In all cases, the Buyer will reach the order "Confirmation" page, which will include the contents of the basket and all information and instructions provided. This page can be printed and will be sent to the Buyer by e-mail.
All data provided and registered confirmation will serve as proof of the transaction. Confirmation will have the same value as signing and accepting the transactions.
The Seller will send confirmation of the order by e-mail.
It is expressly agreed that the Seller retains, even after the aforementioned order confirmation, within 48 hours of the order, the right to cancel the order at his discretion if the item is no longer available or if there is doubt as to the sincerity of the order.
In the event of distance selling the consumer has the right to inform the company that he no longer wishes to make the purchase, without incurring a penalty and without having to give a reason, within 14 calendar days as of the day following the day of delivery of the item or the conclusion of the service contract.
Individual, non-professional buyers are entitled, for their entire order, to a period of withdrawal of fourteen calendar days from delivery to return the purchased item to the seller for exchange or refund without incurring a penalty, except for the return carriage and insurance costs, on condition that they have not caused any alteration, processing or deterioration to it (cleaning, restoring, etc.). In the event of return, the shipment must be insured by the buyer for its total value. In this event, after the seller has approved the condition of the item, the price will be refunded, including any initial carriage costs which may have been paid by the buyer, by bank transfer. In the event of the collection of items purchased in person or by proxy, or of payment in person or by proxy at our premises, or in general, should the buyer visit our premises with regard to the sale in question, there will be no possibility of withdrawal or of returning the purchased items, as this does not constitute a distance sale.
Terms of payment
The total cost of purchases must be paid:
- Either online by credit card (Bancontact/Mister Cash) via a secure site.
- Or by bank or postal transfer to the account of Dominique Thirion, whose details will be sent on confirmation of the order.
- Or by (international) postal order.
- Or on collection from the gallery, by cash, bank card (Bancontact/Mister Cash/Maestro) or by credit card (Visa). Cheques are not accepted.
Deliveries - Collection
If payment was made online via the secure page, the order will be sent to the Buyer as soon as possible on coverage of the Seller’s account by the card issuer (subject however to any delays incurred in obtaining an export license).
If payment was made by other means, the order will be sent on receipt of payment (subject however to any delays incurred in obtaining an export license). Items included in this order will initially be reserved (and marked as such on the site). If payment is not received by the Seller within ten working days from the date of the order, the order will be cancelled automatically and without notice and items put back on sale.
If the Buyer decides to personally take delivery of his order, it will be available either:
- on coverage of the Seller’s account by the Buyer’s card issuer if payment was made online via the secure page.
- on receipt of his payment if it was made by other means.
- on arrival in person, if he wishes to settle there and then.
In the last two cases, items included in this order will be reserved for the Buyer (and marked as such on the site).
If payment is not received within ten working days from the date of the order, the order will be cancelled automatically and without notice and items put back on sale.
Risks are the responsibility of the Buyer from the time the items have left the premises of Dominique Thirion.
In case of damage during transport, a reasoned claim must be made to the carrier within 24 hours after delivery, with a copy of the claim sent to Dominique Thirion.
Delivery times are only indicative. If they exceed thirty days (except during holiday periods or if an export license is required or any other external cause) from the date of the order, the contract of sale may be terminated and the Buyer reimbursed.
If the Buyer opts not for delivery but for collection in person, he must take all necessary measures to ensure that the items purchased and paid for are collected within one month of purchase, during which the objects will be kept in store by the Seller at no cost. As of one month after the sale, the Seller will charge the Buyer storage fees calculated as follows: 20 euros per day to be increased by 3% of the sale value of the item per month, any month started being counted as a whole.
On expiry of the sixth month after the sale, if the items have still not been collected, it is expressly agreed between the parties that they may, at the Seller’s discretion, be put back on sale by the latter, he being responsible, in the event of sale, for transferring back to the Buyer the price the Buyer paid after the latter has indicated or confirmed to him the account to which he intends the amounts to be transferred. To this end the Buyer gives to the Seller, henceforth and irrevocably, on condition that the items have not been collected within six months of the sale, an option to purchase uncollected items remaining in store with the Seller, for the same price as that at which the items had been sold to the Buyer.
The Seller will then be at liberty to exercise at his convenience the purchase option that is granted to him. Once the option has been exercised, the sale between the Buyer-depositor and the Seller will be complete, and the Seller will pay the depositor the total amount of the price to the account indicated to him, deducting any amounts owed by the Buyer to the Seller, in particular relating to storage costs.
By granting this purchase option effective six months after the sale in the event of non-collection of items, the Buyer gives the Seller the exclusive and irrevocable right to sell the work mentioned above, in his own name and on his own behalf, he being responsible, in the event of sale, for transferring back to the depositor the total amount of the price to the account indicated to him, deducting any amounts owed by the Buyer to the Seller, in particular relating to storage costs.
In the event of such resale of the work by the Seller to a third party, the purchase option will be automatically presumed to have been previously and tacitly exercised by the Seller, without any need to justify the exercise of the option.
Delivery outside the European Union must be accompanied by an export license. The export licence is free and obtaining one normally takes between one and two weeks.
The authenticity of all items (coins) is guaranteed unconditionally.
All products supplied by the Seller are covered by the legal guarantee provided for by Articles 1641 et seq. of the Belgian Civil Code.
In the event of non-compliance of a sold product, the latter may be returned to the Seller who will take it back, exchange it or refund it.
All claims, requests for exchange or refund on the basis of non-compliance must be made by post, fax or e-mail to the address of the Seller within thirty days of delivery.
Obligations of the Buyer
The Buyer is acting on his own behalf and only becomes the owner after full payment of the invoice. He cannot claim to have acted on behalf of a third party.
The Buyer is responsible for import permits and procedures. Taxes and duties owed outside the European Union are borne by the Buyer. Dominique Thirion cannot be held liable for late delivery of goods ordered. The latter cannot cause the cancellation of the contract of sale and cannot confer the right to damages.
Any disputes related directly or indirectly to interpretation and/or performance of these conditions shall be governed by Belgian law. In case of dispute, the courts in the district of Brussels have sole jurisdiction. Only the French text is valid.
The Seller, in the process of selling online, is only bound by a best-effort obligation; he cannot be held liable for damage resulting from use of the Internet such as data loss, hacking, viruses, service interruption, or other inadvertent problems.
All elements of the site of Dominique Thirion are and remain the exclusive intellectual property of Dominique Thirion.
Noone is allowed to reproduce, use, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site, whether they are software, visual or sound elements, even if the images, editorial content or other elements are related to items that have been sold to the Buyer.
Any simple or hypertext link is strictly prohibited without the express written consent of Dominique Thirion.
Filing – Proof
Dominique Thirion shall file purchase orders and invoices on a reliable and durable medium serving as a faithful copy.
The computerised records (and paper copies) of Dominique Thirion shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Settlement of disputes
Contractual relations between Dominique Thirion and the Buyer including these online business terms and the conditions of site consultation governing them are subject to Belgian law.
In case of dispute, jurisdiction is conferred on the courts of Brussels, notwithstanding in the event of several defendants or activation of guarantees.
The English version of these conditions is given for information only. In case of dispute, only the French version shall be valid.