Terms and Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

1. Supplementary agreement: An agreement whereby the consumer acquires products, digital content, and/or services related to a distance agreement, and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between the third party and the entrepreneur.

2. Cooling-off period: The period during which the consumer can exercise their right of withdrawal.

3. Consumer: A natural person who is not acting for purposes related to their commercial, business, trade, or professional activity.

4. Day: Calendar day.

5. Digital content: Data that is produced and delivered in digital form.

6. Duration of the agreement: An agreement aimed at the regular supply of goods, services, and/or digital content over a specified period.

7. Durable medium: Any tool, including e-mail, that allows the consumer or entrepreneur to store information personally addressed to them, in a way that enables future consultation or use, for a period that is aligned with the purpose for which the information was intended, and that allows unchanged reproduction of the stored information.

8. Right of withdrawal: The consumer’s ability to cancel the distance agreement within the cooling-off period.

9. Entrepreneur: The natural or legal person offering products, (access to) digital content, and/or services remotely to consumers.

10. Distance agreement: An agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the sale of products, digital content, and/or services at a distance, using one or more distance communication techniques, up to and including the conclusion of the agreement.

11. Model withdrawal form: The European model withdrawal form included in Annex I of these Terms and Conditions. Annex I does not need to be provided if the consumer has no right of withdrawal for their order.

12. Distance communication technique: A medium that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same space.

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Article 2 – Identity of the Entrepreneur

• Company Name: BELLE NO

• Business Address: Tholenseweg, Halsteren, NL

• Email: belle-no@hotmail.com

• Chamber of Commerce Number: 86852280

• VAT Number: 004312307B77

If the entrepreneur’s activities are subject to a relevant licensing system, details about the supervising authority.

If the entrepreneur is engaged in a regulated profession:

• The professional association or organization they are affiliated with.

• The professional title, the place in the EU or European Economic Area where it was granted.

• A reference to the professional rules applicable in the Netherlands, along with directions on how these can be accessed.

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Article 3 – Applicability

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

2. Before concluding the distance agreement, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed, and that they will be provided to the consumer free of charge upon request.

3. If the distance agreement is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions may be provided electronically, in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur will indicate how the consumer can access the terms and conditions electronically and that they will be provided free of charge upon request.

4. If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs are also applicable, and in the case of conflicting terms, the consumer may rely on the provision that is most favorable to them.

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Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a well-informed decision about the offer. If the entrepreneur uses images, they are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

3. Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

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Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

1. Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and that may occur within the withdrawal period;

2. Agreements concluded during a public auction. A public auction refers to a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, led by an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;

3. Service agreements, after full performance of the service, but only if:

   a. the performance has begun with the consumer's express prior consent; and

   b. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;

4. Package tours as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;

5. Service agreements for the provision of accommodation, where a specific date or period of performance is provided in the agreement, and excluding residential purposes, goods transport, car rental services, and catering;

6. Agreements related to leisure activities if a specific date or period of performance is provided in the agreement;

7. Products made to the consumer’s specifications, which are not pre-manufactured and are made based on the consumer’s individual choice or decision, or which are clearly intended for a specific person;

8. Products that can spoil quickly or have a limited shelf life;

9. Sealed products which for reasons of health protection or hygiene are not suitable for return and whose seal has been broken after delivery;

10. Products that, by their nature, are irrevocably mixed with other products after delivery;

11. Alcoholic beverages whose price was agreed upon at the time of the conclusion of the agreement but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no control;

12. Sealed audio, video recordings, and computer software, where the seal has been broken after delivery;

13. Newspapers, magazines, or periodicals, except for subscriptions to these;

14. The delivery of digital content not supplied on a physical medium, but only if:

a. the performance has begun with the consumer's express prior consent; and

b. the consumer has declared that they lose their right of withdrawal by granting consent.

Article 11 – The Price

1. During the validity period stated 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.

2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market, over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any listed prices are indicative will be stated in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

4. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

   a. they are the result of legal regulations or provisions; or

   b. the consumer has the right to cancel the agreement from the day the price increase takes effect.

5. The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Performance of the Agreement and Additional Warranty

1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect at the time of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer may assert against the entrepreneur in case the entrepreneur fails to perform their part of the agreement.

3. An additional warranty refers to any commitment by the entrepreneur, their supplier, importer, or manufacturer, in which they grant the consumer certain rights or claims that go beyond what they are legally obligated to provide in case of failure to perform the agreement.

Article 13 – Delivery and Execution

1. The entrepreneur will take the greatest care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery will be the address the consumer has provided to the entrepreneur.

3. In accordance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will perform accepted orders with due haste but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and may claim any damages.

4. After dissolution under the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

5. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless otherwise agreed.

Article 14 – Duration of Transactions: Duration, Cancellation, and Extension

Cancellation:

1. The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, with observance of any agreed-upon termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed duration, with observance of any agreed-upon termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements mentioned in the previous paragraphs:

   • at any time, and is not limited to termination at a specific time or during a specific period;

   • at least in the same way as they entered into the agreement;

   • always with the same notice period as the entrepreneur has agreed for themselves.

Extension:

4. An agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

5. In deviation from the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily, weekly, or monthly newspapers and magazines may be extended automatically for a fixed period of no more than three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.

6. An agreement entered into for a fixed period for the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period may be up to three months if the agreement involves the regular delivery of daily, weekly, or monthly newspapers or magazines less than once a month.

7. A fixed-term agreement for the regular delivery of newspapers or magazines for introductory or trial periods (trial or introductory subscription) does not continue automatically and ends after the trial or introductory period.

Duration:

8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the agreed-upon duration ends.

Article 15 – Payment

1. Unless otherwise agreed in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period starts the day after the consumer receives the confirmation of the agreement.

2. In the sale of products to consumers, the consumer may never be obligated to make an advance payment of more than 50%. When an advance payment is required, the consumer cannot assert any rights regarding the execution of the order or service until the agreed-upon advance payment has been made.

3. The consumer has the duty to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

4. If the consumer does not fulfill their payment obligation on time, they will owe legal interest on the overdue amount after being notified by the entrepreneur, and after being given a 14-day period to fulfill the payment, the entrepreneur is entitled to charge the extrajudicial collection costs. These collection costs amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500, and 5% for the following €5,000, with a minimum of €40. The entrepreneur may deviate in favor of the consumer from these amounts and percentages.

Article 16 – Complaints Procedure

1. The entrepreneur has a properly publicized complaints procedure and handles the complaint in accordance with this procedure.

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

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

4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or Deviating Provisions

Any additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.