Returns are not possible for products that are custom-made or made to order.
The following colors cannot be returned: Corn, Sunshine, Clementine, Brick, Scarlet, Aubergine, Lipstick, Blush, Dusty, Lilac, Violet, Grape, Blue lagoon, Veronese, Wedgwood Green, Spring, Pistache, Deep Forest, Jade, Dark Petrol, Coffee, Maroon, Chestnut, Mahogany, Coal Mix.
Article 1 – Identity of the Entrepreneur
A. Belmouden is the owner of sole proprietorship BELM.
BELM is located in Vinkeveen.
Email address: email@example.com
Chamber of Commerce number: 67673643
VAT identification number: NL221914808B01
Article 2 – Applicability
- These general terms and conditions apply to every offer from BELM and to every distance agreement and orders concluded between the entrepreneur and the consumer.
- Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer.
- Situations not covered by these general terms and conditions should be assessed in the ‘spirit’ of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted in the ‘spirit’ of these general terms and conditions.
Article 3 – The Offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. BELM is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. Our products are 100% handmade. Therefore, it is impossible to make each product exactly the same. Each product has a slight difference. These are not significant differences. You won’t notice a significant difference. It may happen that a blanket is slightly smaller or larger than expected.
- Upon receipt of the order, the customer must report any damage or incomplete orders to the supplier on the same day, if applicable.
- All images, specifications, and information in the offer are indications and cannot be the basis for compensation or dissolution of the agreement.
- Images of products are a true representation of the offered products. However, BELM cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
– the price including taxes;
– the possible costs of shipping;
– the way in which the agreement will be concluded and what actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery, and execution of the agreement;
– the period for accepting the offer, or the period within which BELM guarantees the price;
– available sizes, colors, types of materials.
Article 4 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, BELM will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BELM, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, BELM will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, BELM will take appropriate security measures for this purpose.
- BELM can – within legal frameworks – inform 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 agreement. If BELM, on the basis of this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
- BELM will enclose the following information with the product or service for the consumer, in writing or in such a way that it can be stored in an accessible manner on a durable data carrier:
– the visit address of the BELM establishment where the consumer can contact for complaints;
– the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– information about guarantees and existing after-sales service;
Article 5 – Right of Withdrawal
For product delivery:
- Upon purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer received the product.
- During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they will return the product to BELM along with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by BELM.
- If the customer wishes to exercise their right of withdrawal, they must notify BELM within 14 days after receiving the product, using the contact form. After notifying BELM of their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
- If, after the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to BELM, the purchase is a fact.
- The right of withdrawal does not apply to all custom-made products (customized products).
For service delivery:
- For the delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day the agreement is entered into.
- To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by BELM with the offer and/or at the time of delivery.
Article 6 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the maximum cost of return will be borne by them.
- If the consumer has paid an amount, BELM will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is subject to the condition that the product has already been received by the online retailer. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
- In case the product has been damaged by careless handling by the consumer, the consumer is liable for any depreciation of the product’s value.
- The consumer cannot be held liable for any depreciation of the product’s value if BELM has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.
Article 7 – The Price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, BELM is not obligated to deliver the product at the incorrect price.
Article 8 – Conformity and Warranty
- BELM does not provide a guarantee on the delivered products unless explicitly stated on the product page of the respective product.
- The guarantee does not apply if:
- The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to BELM’s instructions and/or the packaging;
Article 9 – Delivery and Execution
- BELM will exercise the utmost care when receiving orders and when carrying out product deliveries.
- The address provided by the consumer to BELM will be considered the place of delivery.
- Subject to what is stated in paragraph 4 of this article, BELM will execute accepted orders promptly and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a term does not entitle the consumer to compensation.
- In case of loss of an order during shipping, BELM is not responsible and the order will not be replaced or financially compensated. BELM is responsible, however, if the loss is demonstrably due to BELM.
- If delivery of an ordered product proves to be impossible, BELM will make an effort to provide a replacement item.
- BELM is not responsible if the consumer has not entered the shipping details correctly. If the order has already been sent to the (incorrectly) entered address, and the consumer still wishes to receive the product, the consumer must repurchase the product.
Article 10 – Complaints Procedure
- Complaints about the performance of the agreement must be fully and clearly described within 7 days after the consumer has identified the defects.
- Complaints submitted to BELM will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, BELM will reply within 14 days with a receipt confirmation and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- For complaints, a consumer must first contact BELM. If the online store is affiliated with the WebwinkelKeur Foundation and if complaints that cannot be resolved through mutual consultation arise, the consumer should contact the WebwinkelKeur Foundation (webwinkelkeur.nl) for free mediation. If a solution is still not reached, the consumer has the option to have the dispute handled by the independent disputes committee appointed by the WebwinkelKeur Foundation. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
Article 11 – Disputes
- Dutch law exclusively applies to agreements between BELM and the consumer to which these general terms and conditions apply. This applies even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.
BELM. September 2018.