Terms and Conditions

Terms and Conditions

Table of Contents:

  • Article 1 – Definitions

  • Article 2 – Identity of Belavie

  • Article 3 – Applicability

  • Article 4 – The Offer

  • Article 5 – The Agreement

  • Article 6 – Right of Withdrawal

  • Article 7 – Obligations of the Consumer During the Withdrawal Period

  • Article 8 – Exercising the Right of Withdrawal by the Consumer and Costs Thereof

  • Article 9 – Obligations of Belavie in Case of Withdrawal

  • Article 10 – Exclusion of the Right of Withdrawal

  • Article 11 – The Price

  • Article 12 – Performance and Additional Warranty

  • Article 13 – Delivery and Execution

  • Article 14 – Duration Transactions: Duration, Termination, and Renewal

  • Article 15 – Payment

  • Article 16 – Complaints Procedure

  • Article 17 – Disputes

  • Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Additional Agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance agreement, and these items, digital content, and/or services are delivered by Belavie or by a third party based on an arrangement between that third party and Belavie.

  2. Reflection Period: the period during which the consumer can exercise the right of withdrawal.

  3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.

  4. Day: calendar day.

  5. Digital Content: data produced and delivered in digital form.

  6. Duration Agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period.

  7. Durable Medium: any means—including email—that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use over a period aligned with the purpose of the information, and allows unaltered reproduction of the stored information.

  8. Right of Withdrawal: the consumer’s ability to withdraw from the distance agreement within the reflection period.

  9. Distance Agreement: an agreement concluded between Belavie and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, using exclusively or partly one or more techniques for remote communication up to and including the conclusion of the agreement.

  10. Model Withdrawal Form: the European model withdrawal form included in Annex I of these terms and conditions.

  11. Belavie: the legal entity as defined in Article 2, offering products, (access to) digital content, and/or services to consumers remotely as described in these general terms and conditions.

  12. Technique for Remote Communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same location.

Article 2 – Identity of Belavie

  • Entrepreneur Name: Simon

  • Registered Address: On request

  • Email Address: info@belavieofficial.com

  • Chamber of Commerce Number: 97723967

  • VAT Identification Number: NL005284802B29

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by Belavie and to every distance agreement concluded between the entrepreneur and the consumer.

  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Belavie will indicate how the terms and conditions can be inspected and will send them to the consumer free of charge upon request.

  3. If the distance agreement is concluded electronically, the text of these terms and conditions can be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, Belavie will indicate where the terms and conditions can be viewed electronically and that they will be sent free of charge upon request.

  4. In the event that, in addition to these general terms and conditions, specific product or service terms also apply, paragraphs 2 and 3 apply accordingly. In case of conflicting terms, the consumer may always invoke the provision most favorable to them.

Article 4 – The Offer

  1. Limited offers: If a product is available for a limited time or under specific conditions, this must be clearly stated in the offer.

  2. Product information: The offer must contain a complete and accurate description of the product, service, or digital content. Images must be truthful. Obvious errors in the offer do not bind the company.

  3. Rights and obligations: The offer must clearly inform the consumer about their rights and obligations upon accepting the offer.

Article 5 – The Agreement

  1. Formation: An agreement is concluded as soon as the consumer accepts the offer and meets the stated conditions (e.g., payment).

  2. Confirmation: For online acceptances, the company immediately confirms receipt electronically. Until this confirmation, the consumer can cancel the agreement. After confirmation, the consumer can only rely on the right of withdrawal.

  3. Security: For electronic agreements, the company ensures secure data transmission and safe payment methods.

  4. Payment assessment: The company may check whether the consumer can meet payment obligations. If there are reasonable doubts, the company may refuse the order or attach special conditions.

  5. Information upon delivery: The company must provide the consumer with the following, in writing or in a durable format:

    • The business address for complaints

    • Terms and procedure for exercising the right of withdrawal, or a clear note if withdrawal is excluded

    • Information on warranties and after-sales service

    • Price including taxes, delivery costs if applicable, and payment/delivery methods

    • Termination requirements for agreements longer than one year or of indefinite duration

    • Withdrawal model form (if applicable)

  6. Ongoing transactions: For repeated deliveries, the information obligation only applies to the first delivery.

Article 6 – Right of Withdrawal

  1. General right: The consumer may cancel a purchase of a product, service, or digital content without giving reasons within a minimum of 14 days.

  2. Start of the withdrawal period:

    • Products: from the day the consumer (or a designated third party, not the carrier) receives the product or, in case of multiple products, the last product.

    • Services/digital content without a physical medium: from the day after the agreement is concluded.

  3. Extended withdrawal period: If the company fails to provide the legally required withdrawal information, the withdrawal period extends up to 12 months.

Article 7 – Consumer obligations during the withdrawal period

  1. Careful use: The consumer must handle the product carefully and may only unpack or use it to the extent necessary to assess its nature, characteristics, and functioning, as they would in a store.

  2. Liability: The consumer is only liable for any loss of value caused by improper use beyond what is allowed.

  3. Exception: If the company fails to provide the required withdrawal information, the consumer is not liable for any loss of value.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs

  1. If the consumer exercises the right of withdrawal, they must notify Belavie within the reflection period using the model withdrawal form or in another unequivocal manner.

  2. The consumer must return the product as soon as possible, but no later than 14 days after the day following the notification referred to in paragraph 1, or hand it over to Belavie (or an authorized representative). This is not required if Belavie offers to collect the product themselves. The consumer meets the return period if the product is sent back before the reflection period expires.

  3. The consumer must return the product with all supplied accessories, reasonably in its original condition and packaging, and in accordance with Belavie’s reasonable and clear instructions.

  4. The risk and burden of proof for proper and timely exercise of the right of withdrawal lies with the consumer.

  5. The consumer bears the direct costs of returning the product. If Belavie has not indicated that the consumer must bear these costs, or if Belavie states it will bear them, the consumer is not liable for return costs.

  6. The consumer does not bear costs for full or partial delivery of digital content not supplied on a tangible medium if:

    1. They did not explicitly consent before delivery to begin performance before the reflection period ended;

    2. They did not acknowledge losing the right of withdrawal upon giving consent; or

    3. Belavie failed to confirm the consumer’s statement.

  7. If the consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Article 9 – Obligations of Belavie upon Withdrawal

  1. If Belavie allows electronic notification of withdrawal, it sends an acknowledgment of receipt without delay.

  2. Belavie reimburses all payments made by the consumer, including delivery costs charged for the returned product, without delay but within 14 days after the consumer notifies them of the withdrawal. Belavie may wait to reimburse until the product has been received or the consumer demonstrates it has been sent, whichever is earlier.

  3. Reimbursement is made using the same payment method the consumer used, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.

  4. If the consumer chose a more expensive delivery method than the standard cheapest method, Belavie is not required to reimburse the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

Belavie may exclude the following products and services from the right of withdrawal if clearly stated in the offer or prior to concluding the agreement:

  1. Products/services with prices linked to financial market fluctuations beyond Belavie’s control;

  2. Agreements concluded during a public auction;

  3. Service agreements fully performed after the consumer’s explicit prior consent and acknowledgment that the right of withdrawal is lost upon full performance;

  4. Accommodation services with a specific date/period (excluding residential purposes, goods transport, car rental, and catering);

  5. Agreements related to leisure activities with a specific date/period;

  6. Customized products made according to consumer specifications or clearly intended for a specific person;

  7. Perishable products or those with limited shelf life;

  8. Sealed products not suitable for return for health/hygiene reasons once unsealed;

  9. Products irrevocably mixed with other items after delivery;

  10. Alcoholic beverages whose delivery is after 30 days and whose value depends on market fluctuations;

  11. Sealed audio, video, or software products once unsealed;

  12. Newspapers, magazines, except subscriptions;

  13. Digital content not on a tangible medium, if the consumer explicitly consented to immediate performance and acknowledged losing the right of withdrawal.

Article 11 – Price

  1. Prices of offered products/services will not be increased during the stated validity period, except for changes due to VAT rates.

  2. Belavie may offer products/services with prices linked to financial market fluctuations with variable prices. This link and the fact that listed prices are indicative must be stated in the offer.

  3. Price increases within 3 months after agreement conclusion are only allowed if due to legal provisions.

  4. Price increases after 3 months are allowed if agreed and:

    1. Due to legal provisions; or

    2. The consumer may terminate the agreement from the day the increase applies.

  5. Prices mentioned in the offer include VAT.

Article 12 – Performance of the Agreement and Additional Warranty

  1. Belavie guarantees that products/services comply with the agreement, the specifications in the offer, reasonable requirements of durability/usability, and legal/government regulations. If agreed, Belavie also guarantees suitability for non-normal use.

  2. Any additional warranty provided by Belavie, its supplier, manufacturer, or importer does not limit the consumer’s statutory rights if Belavie fails to meet its contractual obligations.

  3. An additional warranty is any commitment granting the consumer rights beyond those legally required in case of Belavie’s non-performance.

Article 13 – Delivery and Execution

  1. Belavie will exercise the greatest care in receiving and executing product orders and evaluating service requests.

  2. Delivery location is the address provided by the consumer.

  3. Accepted orders will be executed promptly, but no later than 30 days unless another term is agreed. If delivery is delayed or cannot be fully executed, the consumer will be informed no later than 30 days after ordering and may dissolve the agreement without cost and claim damages.

  4. After dissolution, Belavie will promptly refund the consumer.

  5. The risk of damage or loss remains with Belavie until delivery to the consumer or an authorized representative, unless otherwise agreed.


Article 14 – Duration Transactions: Term, Termination, and Renewal

Termination:

  1. The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products or services, at any time, in accordance with the agreed termination rules and with a notice period of no more than one month.

  2. The consumer may terminate an agreement concluded for a fixed period, which involves the regular delivery of products or services, at any time at the end of the agreed term, in accordance with the agreed termination rules and with a notice period of no more than one month.

  3. The consumer may, with respect to the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be restricted to terminating at a specific time or during a certain period;

  • terminate at least in the same manner as the agreements were concluded by the consumer;

  • always terminate with the same notice period as Belavie has set for itself.

Renewal:

  1. An agreement concluded for a fixed period, involving the regular delivery of products or services, may not be tacitly extended or renewed for a fixed term.

  2. Notwithstanding the previous paragraph, an agreement concluded for a fixed period may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

  3. An agreement concluded for a fixed period, involving the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month.

Term:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed end date.

Article 15 – Payment

  1. Unless otherwise stated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 (fourteen) days after the cooling-off period begins, or if there is no cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts the day after the consumer receives confirmation of the agreement.

  2. In the sale of products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If advance payment is agreed upon, the consumer may not assert any rights regarding the execution of the respective order or services before the agreed advance payment has been made.

  3. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment information to Belavie.

  4. If the consumer fails to meet their payment obligations on time, they are, after being notified by Belavie of late payment and given a period of 14 (fourteen) days to fulfill their obligations, liable for statutory interest on the outstanding amount if payment is still not made within this 14-day period. Belavie is also entitled to charge the extrajudicial collection costs incurred. These costs amount to a maximum of 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Belavie may deviate from these amounts and percentages to the consumer’s benefit.

Article 16 – Complaints Procedure

  1. Belavie has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

  2. Complaints regarding the execution of the agreement must be submitted to Belavie fully and clearly described within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to Belavie will be answered within 14 (fourteen) days from the date of receipt. If a complaint requires a longer processing time, Belavie will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 17 – Disputes

  1. Agreements between Belavie and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes arising from the agreement and/or these general terms and conditions shall be submitted to the competent court in the district where Belavie has its office.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.