Refund policy

General terms and conditions for orders on www.tomvanderborght.com

 

Last update: September 2025

 

Hi! Thank you for showing interest in our products.

Before we proceed to placing your order, we would like to inform you on the terms and conditions applicable to your purchase. You must accept these terms and conditions prior to your order as they form an integral part of the agreement between us (T.VDB BV, registered with the Crossroads Bank for Enterprises with number BE0799.468.654) and you. Please read them with care.

 

1.          LANGUAGE

1.1. These terms and conditions are drawn up in English. By accepting our terms and conditions, you explicitly acknowledge that you understand your rights and responsibilities, as explained below, resulting from our agreement.

1.2. Deze algemene voorwaarden zijn opgesteld in het Engels. Door onze algemene voorwaarden te aanvaarden, erkent u uitdrukkelijk dat u uw rechten en verantwoordelijkheden met betrekking tot onze overeenkomst, zoals hieronder uiteengezet, begrijpt.

1.3. Ces termes et conditions sont rédigés en anglais. En acceptant nos termes et conditions, vous reconnaissez explicitement que vous avez compris vos droits et responsabilités, comme expliqué ci-dessous, dans le cadre de notre accord.

 

Section A

2.          PLACING ORDERS AND CONCLUDING OUR AGREEMENT

2.1. If and when you purchase products for commercial or professional purposes (f.e. by filling out your VAT number), please refer to Section B of these terms and conditions.

2.2. The offers on the website www.tomvanderborght.com are intended exclusively for consumers who make the purchase for a purpose that cannot be attributed to their commercial or professional activities. By submitting your order, you declare that you are acting for private purposes only.

2.3. To purchase an item, you have to fill in the required buyer details and shipping method. By clicking on "order", you are placing a binding order for the items in your shopping cart and you are committing to paying for them. Once you have placed your order, we will send you confirmation of your order by e-mail as soon as possible. Once you have received the confirmation of your order by us, this agreement is binding.

2.4. Please note that our commitment to deliver your order may be exceptionally suspended in the event of a force majeure situation that rests with us.

2.5. If products are out of stock, we will promptly refund any payment you have made. Please be advised that we cannot be obligated to purchase the ordered items elsewhere nor shall we be obligated to reproduce such products. Any possible liability for unavailable articles will in any case be limited to the amount paid by you for the unavailable articles that we will refund to you without delay.  

2.6. We reserve the right not to accept an order or to cancel the order if such product is out of stock or if it has been placed using software, a robot, crawler, spider or automated system or scripted behaviour and the use of external services to place an order on your behalf.

2.7. Time periods for deliveries are expressed in working days, working days mean all days from Monday to Friday, excluding public holidays in Belgium.

 

3.          PRICES, SHIPPING COSTS, EXPRESS DELIVERY AND TRANSFER OF OWNERSHIP

3.1. The prices indicated on the date of the order apply. The prices mentioned are final and total prices, VAT included.

3.2. The articles remain our property until full payment of the purchase price and the shipping costs. In the event an incomplete payment is made, we reserve the right to not process your order and terminate this agreement by sending an e-mail to the e-mail address you provided. In the event of a cancellation, we will refund the amounts paid within 14 days following such termination.

3.3. Shipping costs are not included in our prices and will be charged in accordance with the destination.

3.4. We offer worldwide shipping. Keep in mind that countries outside of the European Union might be subject to custom taxes, import duties and VAT. We do not cover the cost of these taxes, import duties and VAT. We recommend you to check the website of your local customs office or contact them regarding these costs before placing your order.

3.5. Shipping inside and outside of Belgium is offered through the services of the (shipping) service provider indicated by us.

 

4.          PAYMENT

4.1. We accept payment by bancontact or credit card. We reserve the right not to accept certain payment methods for a specific order and to refer to other payment methods. Charges associated with the payment transaction shall be borne by you.

4.2. In the case of purchases by credit card, your credit card will be charged automatically at checkout.

4.3. Non-payment or incomplete payment of the amount due on the due date means that you have not fulfilled your obligation to pay. We therefore reserve the right to suspend or cancel your order and immediately terminate this agreement by written notice.

 

5.          COUPONS AND REDEMPTION

5.1. Coupons are discount vouchers which cannot be purchased but are issued during promotional campaigns; their validity period is limited in time.

5.2. Coupons can only be redeemed once in the context of an order and only within the specified period. Coupons may not be used to purchase gift vouchers. Please note that a minimum purchase value may be required for the use of coupons.

5.3. The value of the items must be equal to or exceed the value of the coupon. If the coupon is insufficient for the value of the products, the difference will have to be paid by one of the accepted payment methods. The value of coupons will not be paid out in cash, nor will they attract interest. Coupons will not be refunded if all or some of the items are returned.

5.4. Coupons can only be redeemed before you complete the order. If you wish to redeem a coupon, you will need to enter the code indicated on said coupon during the ordering process, and more specifically when choosing your payment method, before proceeding to payment. After payment, it will not be possible to redeem the coupon retroactively. Coupons may not be passed on to third parties. Unless otherwise agreed upon or specifically indicated on a coupon, it is not possible to accumulate multiple coupons.

5.5. If you have used a coupon which is exclusively applicable to the purchase of multiple items and as a result of the withdrawal by you, one or several items of said purchase are returned, we reserve the right to charge you the original and full price for the articles that you keep.

 

6.          GIFT VOUCHERS AND REDEMPTION

6.1. Gift vouchers are vouchers that can be purchased if offered on our website. Gift vouchers can only be redeemed to purchase products offered on www.tomvanderborght.com. Gift vouchers cannot be used to purchase other or more gift vouchers. If the value of the voucher is insufficient for the value of the order, the outstanding amount shall be paid by one of the accepted payment methods.

6.2. Gift vouchers can only be used before you complete your order by entering the applicable gift voucher code when completing your customer details. After payment it is not possible to use vouchers on placed orders.

6.3. The value of gift vouchers will not be paid out in cash, and will not generate interest, even if you exercise your right of withdrawal.

6.4. Gift vouchers can only be redeemed within the timeframe in relation to said voucher.

 

7.          RETURNS
If a product does not fit you or does not work for you, you can return the product(s) to us. Please take into account the following rules which apply to your return.

7.1. You have the right to withdraw from our agreement within a period of 14 days from the moment you or a third party appointed by you takes physical possession or the product(s). Although this would help us a lot, you are not obligated to give any reason for your withdrawal nor will we charge you a penalty for such withdrawal (except for the costs referred to in article 7.6).

7.2. You will not have the right to withdraw from our agreement in the event a product is made to your specifications or if it is personalised. Any order of products which are not in a size, shape, or material(s) as offered on our Website, will be regarded as an order made to your specifications.

7.3. To exercise the right of withdrawal, you must inform us (by mail: info@tomvanderborght.com) of your decision to withdraw from the agreement by means of an unequivocal statement. For this purpose, you may use the attached model withdrawal form attached to these terms and conditions, but you are not obliged to do so. It is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

7.4. As we cannot offer exchanges on a product, you will be refunded for the products returned, including the costs of delivery  (with the exception of any supplementary costs resulting from your choosing a method of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw.

7.5. All refunds will happen with the same means of payment as you used for the original transaction, unless you have explicitly agreed otherwise. If you paid by credit card, the refund will be made to your credit card account. If you used a gift certificate for your purchase, we will credit the amount to your gift certificate account.

7.6. You must return or hand over the products to us (T.VDB BV, Schuurstraat 74a bus 002, 9040 Gent, BELGIUM) without delay, but in any event no later than 14 days after the day on which you communicate your decision to return such product(s).

7.7. Return costs shall be borne by you.

7.8. We reserve the right to withhold the refund of the purchase until we have duly received and inspected the returned products.

7.9. You are only liable for any diminution in the value of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. You will be liable for any damage to returned products as a consequence of defect or improper packaging. Items which are returned in a non-sellable condition will not be refunded and will be sent back to you.

7.10.   Please keep in mind the following criteria to return any products to us:

-       Make sure the product is in perfect condition: no defects, no stains and in the event of fabrics: unwashed;

-       Please return the products in the official T.VDB packaging;

-       Please return fabrics in a waterproof bag or cardboard box closed with tape;

-       Please return fragile products in a firm cardboard box filled and make sure the product cannot move around in the box;

-       You are responsible for the return shipment until the goods reach us. We therefore recommend using a shipping method with tracking and insurance, i.e. via registered mail. Please keep the receipt of your return to make sure you can provide proof of your return in case a shipment gets lost.

7.11. We reserve the right to refuse any returns that do not match the conditions as laid down in article 7.10.

 

8.     CUSTOMER SERVICE

Should you have any other questions, please feel free to reach out by sending an e-mail to info@tomvanderborght.com.

 

9.     MISCELLANEOUS

9.1. These general terms and conditions constitute the entire agreement between, on the one hand, you and, on the other hand, T.VDB BV regarding the orders via the Website. The failure of T.VDB BV to exercise or enforce any right or provision contained in these general terms and conditions shall not operate as a waiver of such right or provision.

9.2. The European Commission offers consumers a platform for alternative dispute resolution. Consumers can settle their dispute regarding an online order without going to court. You can access the online dispute resolution platform via this url link: http://ec.europa.eu/odr/.

9.3. The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is explicitly excluded.

9.4. These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms are considered or determined to be unlawful, void or unenforceable, such provision is deemed severable from these Terms, which does not affect the validity and enforceability of any remaining provisions.

 

 

Section B

2.     PLACING ORDERS AND CONCLUDING OUR AGREEMENT

 

2.1  The buyer accepts and acknowledges that the following articles from Section A will not apply to the agreement between the buyer and T.VDB BV: 2.2, 3.2, 7 and 9.2, all other articles from Section A will apply.

 

3.     PRICES, SHIPPING COSTS, EXPRESS DELIVERY AND TRANSFER OF OWNERSHIP

 

3.1  The articles remain our property until full payment of the purchase price and, if applicable, the shipping costs. In the event an incomplete payment is made, we reserve the right to not process your order and terminate this agreement by sending an e-mail to the email address you provided.

3.2   In the event of a cancellation by the buyer, we will be entitled to withhold or charge a cancellation fee of 10% of the total value of the order with a minimum of 150 EUR. We will refund any outstanding amounts paid within 14 days following such cancellation.

3.3  All shipments are made EX WORKS (EXW) from the atelier of T.VDB BV or any other locations used by T.VDB BV.

                                                                                     

4.     PAYMENTS

 

4.1  Non-payment or incomplete payment of the amount due on the due date means that you have not fulfilled your obligation to pay. We therefore reserve the right to suspend or cancel your order and immediately terminate this agreement by written notice. In the event of cancellation, article 3.2 from Section B will apply.

4.2  In the event of delay in payment, T.VDB shall be entitled, ipso iure and without prior notice of default, (i) to payment of then current default interest as provided for in the Wet betreffende de bestrijding betalingsachterstand op handelstransacties of 2 August 2002 (Act on combating late payment in commercial transactions) plus 3 percentage points, from the due date of each invoice until the date of payment in full and (ii) to the payment of a lump sum compensation of 10% of the outstanding amount, with a minimum of 250 EUR, - and this without prejudice to the T.VDB’s right to reimbursement of legal costs (including procedural compensation) in the event that legal recovery proceedings have to be carried out, and without prejudice to the T.VDB’s right to claim higher compensation in the event that the damage for T.VDB be greater.

 

5.     RETURNS

 

5.1  The buyer will inspect the products within 5 calendar days upon delivery. In the absence of a return request made in accordance with article 5.3 of Section B within the aforementioned time period, the products shall be deemed to have been accepted by the buyer.

5.2  The buyer is only entitled to refuse a product if such product is defective or damaged.

5.3  The buyer shall provide T.VDB BV a written request for the return of such products stating:

i)               The reason(s) for refusal;

ii)              The number of products affected by such deficiency; and

iii)             Supporting pictures for each product and each invoked deficiency.

5.4  If T.VDB BV accepts the return, the buyer will ship the aforementioned products within 10 working days following such acceptance. If the buyer fails to ship such products within the aforementioned timeframe, the buyer will no longer be entitled to return such products or to claim any damages in this extent.

5.5  All shipments in accordance with article 5.4 of Section B are made DAP.

5.6  Return costs shall be borne by you.

5.7  We reserve the right to withhold the refund of the purchase until we have duly received and inspected the returned products.

5.8  You are only liable for any diminution in the value of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. You will be liable for any damage to returned products as a consequence of defect or improper packaging. Items which are returned in a non-sellable condition will not be refunded and will be sent back to you.

5.9  Please keep in mind the following criteria to return any products to us:

-       Make sure the product is in perfect condition: no defects, no stains and in the event of fabrics: unwashed;

-       Please return the products in the official T.VDB packaging;

-       Please return fabrics in a waterproof bag or cardboard box closed with tape;

-       Please return fragile products in a firm cardboard box filled and make sure the product cannot move around in the box;

-       You are responsible for the return shipment until the goods reach us. We therefore require you to use a shipping method with tracking and insurance, i.e. via registered mail. Please keep the receipt of your return to make sure you can provide proof of your return in case a shipment gets lost.

 

5.10   We reserve the right to refuse any returns that do not match the conditions as laid down in article 5.9.

 

6.     MISCELLANEOUS

 

6.1. These general terms and conditions constitute the entire agreement between, on the one hand, you and, on the other hand, T.VDB BV regarding the orders via the Website. The failure of T.VDB BV to exercise or enforce any right or provision contained in these general terms and conditions shall not operate as a waiver of such right or provision.

 

6.2. The application of the Vienna Convention on Contracts for the International Sale of Goods (1980) is explicitly excluded.

 

6.3. These terms and conditions operate to the fullest extent permissible by law. If any provision of these Terms are considered or determined to be unlawful, void or unenforceable, such provision is deemed severable from these Terms, which does not affect the validity and enforceability of any remaining provisions.

 

6.4. This Agreement is governed by Belgian law. Any dispute with regard to the execution, performance, validity or interpretation of this agreement shall be submitted to competent courts of Ghent, section Ghent.

 

MODEL WITHDRAWAL FORM

 

This model withdrawal form applies only to the buyers as defined above in Section A of  these terms and conditions.

 

If you wish to return one or more products, please complete and return this form to us:

 

To:

T.VDB BV (0799.468.654)

Schuurstraat 74a bus 002, 9040 Gent, BELGIUM

e-mail: info@tomvanderborght.com and eva@tomvanderborght.com

 

I, [name and surname] hereby inform you that I will return the following products:

 

 - ordered on [date] / received on [date] -

 

It would help us a lot if you could indicate your reason for this return:

□   Too small

□   Too large

□   Colours look different on the website

□   Don’t like the product

 

-  ordered on [date]  / received on [date] -

 

 

Your name(s):

Your address:

Date:

Your signature