Terms of service | Belicons

Terms of service

Terms of service

Since Terms of services are often difficult to understand, starting from subject 3 I have given summaries at each subject. Note: the full version is the official version, the summery is merely to help you understand it. Do you want more explanation or do you have other questions, then you can always email me or call me at +31 (0)6-25562795.

These terms of service has been edited at December 18 2018 and that means that the previous terms of service have been expired.

 

1. Company information

Below you'll find the company data of Belicons.

Company name: Belicons
Owner: Mariska Bosschaert
Business Address: Duivenkamp 425, 3607 BE Maarssenbroek
Phone number: +31 (0)6-25562795. I cannot always answer the phone, but just leave a message and I'll cal you back as soon a possible.
Email address: info@belicons.nl
Chamber of commercer: 61989738
VAT number: NL176494595B01

 

2. Used definitions

All definitions that are used on this terms of service are explained below.

Definitions

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
  2. Reflection period: the period during which the Consumer may use her right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to her commercial, trade, craft or professional activities;
  4. Day: calendar day;
  5. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
  6. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
  7. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
  8. Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
  9. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
  10. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

 

3. Applicability of the terms of service

These terms of service apply to all agreements between me and the consumer. So whether the purchase is being done my means of the add to cart or via email, the terms of service do apply. For that reason I have the duty to enable all people who buy something on Belicons to see these terms of service.

And nice to know: if there is something in these terms of service that contradicts each other, then what fits you best will apply.

Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer ́s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to her.

 

 

4. A clear offer

It is of course important that when you buy something, you haev a clear image of what you buy. So the descriptions of the products, the pictures and other information about the products and about the purchase shouldn't lead to unexpected surprises. All prices include VAT.

The offer

 

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

 

 

 

5. The agreement

As soon as you press 'order' and you have received an confirmation email that contains information about your order, then your order is valid. As long as the order has not been confirmed, you can still cancel it.

If you pay online, I need to make sure that you can do this safely. This is safely, since you don't pay on Belicons itself, but via other payment services; Mollie and PayPal. You can also choose to transfer the money yourself.

I'm allowed to check whether the one who is ordering is able to pay. When I suspect that something is not right, then I can refuse an order or add additional terms.

I'll make sure that the following information is easily accessible to you:

  • The visiting address were you can complaint;
  • What you should and can do if you want to return a product;
  • Guarantees and service after the purchase;
  • The price incl. VAT and delivery costs;
  • The way an order had been paid;
  • The delivery address you filled out.

The agreement

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil her payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, she is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
    1. the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints;
    2. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about her being exempted from the right of withdrawal;
    3. the information corresponding to existing after-sales services and guarantees;
    4. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
    5. The requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time;
    6. the standard form for withdrawal if the Consumer has the right of withdrawal.
       

 

 

6. Right of withdrawal

When you receive your order (or someone receives it on behalf of you),, then you have 14 days to reflect on whether you want to keep it. If you return your product, I'll ask you why, but you don't need to answer that question.

When not all products from the same order arrive at the same time, then the period of reflection starts when you (or someone on behalf of you) received the last product.

Right of withdrawal

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force her to state her reason(s).
  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by her in advance and who is not the carrier, or:
    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by her received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that she clearly informs the Consumer prior to the order process;
    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by her received the last batch or the last part;
    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by her received the first product.

 

7. What is expected from you during your period of reflection?

During your period of reflection, you need to treat the products and their packaging well. You can try them out and look at them in the same way you would in a physical store.. If you don't, then I can charge you for the damage.

Consumer’s obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided her with all legal information about the right of withdrawal before concluding the Agreement.

 

 

8. What do you do if you want to return a product and what does it cost?

When you return a product, do this by filling out the withdrawal form. Select the right form on the contact page and fill it out. Subsequently, you send the product back the day after you reported that you want to return the product. All parts of the product should be returned and it should be returned in its original packaging.

When the product arrives too late, then you should prove that you have sent it in time.

You pay the delivery costs for returning the products.

Exercising the Consumer’s right of withdrawal and the costs

  1. If the Consumer exercises her right of withdrawal she shall notify the Entrepreneur unambiguously with the withdrawal form within the period of reflection.
  2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product herself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
  5. The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that she will bear the costs herself, the Consumer need not pay the cost of returning the product.
  6. If the Consumer exercises her right of withdrawal, all additional agreements end by operation of law.

 

 

9. What is expected from me if you want to return a product?

As soon as I have received a filled out form from you in which it says that you want to return the product, I will confirm this to you as soon as possible. I'll return the money that you paid to Belicons not more than 14 days after you have reported me that you want to return the product and when I have received the product.

I'll return the money in the same way that you paid to Belcons, unless you agree that I do this in another way. There are no additional costs for you for returning this money. If you have asked me to deliver the product in a more expensive way then I normally would, then I can charge you for those additional costs.

Entrepreneur’s obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, she shall promptly send a return receipt.
  2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified her of the withdrawal. Unless the Entrepreneur offers to collect the product herself,  she can wait with paying back until having received the product or until the Consumer proved that she returned the product, whichever occurs first.
  3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
  4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

 

 

10. When can I refuse to take a product back?

It says in the law that there is no period of reflection on some products, like products that can spoil or products that have been recreated especially for this purchase. But I don't sell products like that. If there will ever be an exception to that, then I'll let you know before sending the product to you.

Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
  2. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
  3. Perishable products or products with a limited durability;
  4. Products which for their nature are irreversibly mixed with other products.

 

 

11. The price of products

As soon as you have confirmed your order, I cannot increase the price any more. Even when the VAT rate would change, then the VAT rate that was valid at the moment you confirmed your order will be valid for this order.

The price

  1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
  2. Contrary to 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, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
    1. they are the result of legal regulations or stipulations, or
    2. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
  5. All prices indicated in the provision of products or services are including VAT.

 

 

12. Delivery costs

The products are being send with PostNL. The price depends on the size and destination of the order. You can see at the product display whether it fits in a letter or package.

Orders over € 20,- within The Netherlands are free.

Delivery costs
The delivery costs depend on the shipping method and the destination. You can see the shipping method at each product display. Below you can see how much it cost to send an order at which shipping method to what destination.

Orders over € 20,- within The Netherlands are free.
 

Destination: Within The Netherlands

Shipping method Price
Letter € 2,95
Package € 6,95

Destination: Europe 1

This includes: Belgium, Denmark, Germany, France, Italy, Luxembourg, Austria, Spain, United Kingdom en Sweden.

Shipping method Price
Letter € 4,95
Package € 8,95

Destination: Europe 2

This includes: Bulgaria, Estonia, Finland, Hungary, Ireland, Croatia, Latvia, Lithuania, Poland, Portugal, Rumanian, Slovenia, the Slovak Republic en Czech Republic.

Shipping method Price
Letter € 4,95
Package € 10,95

Destination: Europe 3

This includes: Cyprus, Griekenland en, Malta.

Shipping method Price
Letter € 4,95
Package € 11,95

 

 

13. Observing the agreement

I'll do my best to send good products to you. If there is something wrong with the product anyway, then you can drop your complaint with me and I won't send you to my supplier or someone else.

Performance of an agreement and extra Guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee offered by the Entrepreneur, her Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of her part of the agreement.
     
  3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, her Supplier, Importer or Manufacturer in whom she assigns certain rights or claims to the Consumer that go further than she is legally required in case she fails in the compliance with her part of the agreement.

 

 

14. Execution of the purchase

I'll do my best to execute your order as good as possible. I'll have the products send by PostNL on the address that you have filled out on the checkout form as 'delivery address'. Within The Netherlands you can expect the products within 2-4 days on the delivery address. Outside of The Netherlands it may cost more time.

If it takes more time than expected, then I'll let you know as soon as possible. You then have the right to decide to cancel your order and to have a restitution. I'm responsible for the product until you, or the person you asked me to sent it to, have received it

 

Delivery and execution

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is at the address given by the Consumer to the Entrepreneur.
  3. The term of delivery at Belicons within The Netherlands is 2 to 4 days. Shipping to other countries can take more time.
  4. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
  5. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
  6. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise. When you have received a damaged product you can report this via the I have received a damaged product form within three days. Select the right form on the contact page and fill it out.

 

 

15. Payment

The total amount should have been transferred to Belicons within 14 days after the reflection period is over. I cannot obligate you to pay more than 50% in advance. The amount that is being paid in advance should be on the account of Belicons before I send you the product.

If you gave me false information about the payment, then you should let me know as soon as possible. If you haven't paid within 14 days after your period of reflection, then I can charge a collection fee. This is a maximum of € 40,-.

Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
  2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
  3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
     
  4. In case the Consumer has not complied with her payment obligation(s) in time, and the Entrepreneur has pointed out to her that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
  5.  

 

 

16. Complaints

If you have complaints then you can fill out the Complaint form. Select the right form on the contact page and fill it out.

If you aren't satisfied with the way I executed your order, then it is important that you don't wait too long to complaint. You can complaint within 7 days and describe clearly what didn't go well, according to you. I'll send a response to you within a few days.

If we cannot work this out, then Stichting WebwinkelKeur  can intermediate. You can also report your complaint at the European ODR platform.

Complaints procedure

  1. The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.
  3. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
     
  4. If the dispute cannot be settled between the entrepreneur and Consumer then the dispute is prone to the dispute committee.
  5. A complaint about the Entrepreneur’s product, service or after-sales service can also be submitted to Stichting WebwinkelKeur (https://www.webwinkelkeur.nl/) The complaint will then be sent to the Entrepreneur in question and to Stichting Webwinkelkeur. Check whether the entrepreneur is a member of Stichting Webwinkelkeur.

    If the complaint cannot be solved in joint consultation, then the consumer has the right to report her complaint to the independent dispute committee of Stichting WebwinkelKeur. Their decision is binding and both the entrepreneur and the consumer will agree with this decision. The consumer will pay the costs for this dispute committee to this committee. It is also possible to report complaints at the European ODR platform (http://ec.europa.eu/odr).

  6. A complaint does not change the obligations of the entrepreneur, unless the entrepreneur reports differently in writing.
  7. If a complaint is regarded as valid by the entrepreneur, then the entrepreneur will choose to eitherreplace or repair the products without any charges.

 

 

17. What do we do if we disagree?

if we do not agree about the execution of an order and we cannot solve this together, then we can reply on the Dutch law.

Disputes

Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

 

 

18. Voorwaarden die niet in deze Algemene voorwaarden staan

If I have other terms in other places then these shouldn't be at your disadvantage. I have ti make sure that you can easily access these terms and download and save them.

Additional provisions or derogations

Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

 

 

19. Changes in these terms of service

These terms can be edited, so take a look at them regularly.