Terms and Conditions
Article 1 - Definitions
In these terms and conditions the following definitions apply:
Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in a commercial context and concludes a distance contract with a trader;
Day: calendar day;
Continuous transaction: a distance contract for a series of products and/or services where the delivery and/or collection obligations are spread over time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the contract during the withdrawal period;
Trader: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract in which, within the framework of a system organized by the trader for the distance sale of products and/or services, until the conclusion of the contract, one or more means of distance communication are used exclusively;
Technique for distance communication: means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
General Terms and Conditions: these general terms and conditions of the Trader.
Article 2 - Identity of the trader
Brand name: Bellavie
Trade name: Bellavie Group
ul. Veliko Turnovo 35, Plovdiv
4000, Plovdiv (note: no visiting address!)
Number: 207890332
Article 3 - Application
These general terms and conditions apply to any offer from a trader and to any concluded distance agreement and orders between a trader and a consumer.
Before the distance agreement is entered into, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is entered into, it will be indicated that the general terms and conditions can be viewed at the trader and, at the consumer's request, will be sent as soon as possible and at no cost.
If the distance agreement is concluded electronically, in deviation from the previous section and before the distance agreement is concluded, the text of these general terms can be made available to the consumer electronically in a way that allows the consumer to save it on a durable data carrier. If this is not reasonably possible, before the distance agreement is entered into, it will be indicated where the general terms and conditions can be viewed electronically and that, at the consumer's request, they will be sent electronically or in some other way at no cost.
If, in addition to these general conditions, specific product or service conditions also apply, the second and third points apply accordingly, and the consumer can always invoke the applicable provision that is most advantageous to him in the event of conflicting general conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or destroyed, the agreement and these terms remain in force in the rest, and the provision in question is immediately replaced by mutual understanding by a provision that is as close as possible the original intention.
Situations that are not regulated in these general conditions must be assessed 'in the spirit' of these general conditions.
Ambiguities about the interpretation or content of one or more provisions in our terms must be interpreted 'in the spirit' of these general terms.
Article 4 - Offer
If an offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. Business operators have the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to evaluate the offer correctly. If traders use images, these are a fair representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to accepting the offer.
This concerns in particular:
the price including taxes;
the possible costs of delivery;
the manner in which the agreement will be entered into and the actions required for this;
whether the right of withdrawal applies;
the method of payment, execution and fulfillment of the agreement;
the deadline for acceptance of the offer or the period within which the trader guarantees the price;
the level of tariffs for remote communication, if the costs of using the technology for remote communication are calculated on a basis other than the normal basis for the chosen means of communication;
whether, after the conclusion, the agreement will be archived and, if so, how it can be consulted by the consumer;
the way in which, before entering into the agreement, the consumer can check the information he has provided in connection with the agreement and, if necessary, correct it;
any other language in which the agreement may be concluded, other than Dutch;
the code of conduct to which traders are subject and the way in which the consumer can consult the code of conduct electronically; and
the minimum duration of the long-distance agreement in the case of an ongoing transaction.
Article 5 - Agreement
The agreement is concluded, subject to what is stipulated in point 4, at the time when the consumer accepts the offer and the conditions stipulated thereby are fulfilled.
If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance offer electronically. As long as the trader has not confirmed the acceptance offer, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
Business operators can - within the framework of the law - find out whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance agreement at a distance. If, based on this investigation, the trader has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or reject special conditions.
Business operators will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that the consumer can save it in an accessible way on a durable data carrier:
the visitor address to the files with available information about the consumer according to point 3 of these general conditions;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal;
information on existing post-purchase service and warranty;
information mentioned in article 4, point 3 of these general conditions, unless the trader has already provided this information to the consumer before the execution of the agreement in question;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
If the trader undertakes to deliver a number of products or services, the provision in the previous section only applies to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement within 30 days without giving a reason. The cancellation period begins the day after the consumer has received the product, or a representative that the consumer has previously indicated and made known to traders.
During the withdrawal period, the consumer must handle the product and packaging carefully. He may only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he must return the product with all accompanying accessories and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he must do so within 30 days of receiving the product, and this must be communicated to the trader. The consumer must communicate this by sending a written message/e-mail. After the consumer has communicated his decision to exercise the right of withdrawal, he must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, e.g. using a proof of shipment.
If the customer has not communicated his decision to exercise the right of withdrawal within the deadlines mentioned in points 2 and 3, or if the product has not been returned to the trader, the purchase is binding.
Article 7 - Costs in case of cancellation
If the consumer makes use of his right of withdrawal, the costs of returning the products are charged to the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after cancellation. However, this requires that the product has already been received by the online retailer, or that satisfactory proof of a complete return can be provided.
Article 8 - Exemption from right of withdrawal
Business operators can exclude the consumer's right of withdrawal for products as described in points 2 and 3. The exception from the right of withdrawal only applies if the business operator has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exemption from the right of withdrawal is only possible for products:
that is manufactured by the trader in accordance with the consumer's specifications;
that are clearly of a personal nature;
which by their nature cannot be returned;
that can quickly deteriorate or become obsolete;
if the price is linked to fluctuations in the financial markets over which traders have no influence;
for loose newspapers and periodicals;
for audio and video recordings and computer programs where the consumer has broken the seal.
for hygienic products where the consumer has broken the seal.
Exemption from the right of withdrawal is only possible for services:
that relate to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
if delivery has begun with the express consent of the consumer before the cooling-off period has expired;
regarding betting and lotteries.
Article 9 - Price
During the validity period stated in the offer, the prices of the offered products and/or services will not increase, unless price changes are due to changes in VAT charges.
In deviation from this, traders may offer products or services whose prices are linked to fluctuations in the financial markets and are beyond the trader's control, at variable prices. This commitment to fluctuations and the fact that any prices indicated are indicative prices are stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are due to legislative rules or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has agreed this, and:
they result from legislative rules or regulations; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.
The place of delivery takes place in accordance with Article 5, subsection 1, of the Sales Tax Act of 1968 in the country where the transport begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT or customs clearance costs to the buyer. Therefore, traders will not charge VAT.
All prices are subject to typographical and spelling errors. No responsibility is assumed for the consequences of printing and spelling errors. In the event of printing and spelling errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 - Compliance and Warranty
Business operators guarantee that products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements for orderliness and/or usability as well as the applicable legislative provisions and/or authority regulations on the date of conclusion of the agreement. If it has been agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee issued by the trader, the manufacturer or the importer does not affect the legal rights and claims that the consumer can assert under the agreement.
Any errors or wrongly delivered products must be reported in writing to the trader within 30 days of delivery. Products must be returned in original packaging and in new condition.
The trader's warranty period corresponds to the factory warranty period. However, the trader is never responsible for the final suitability of the products for individual use by the consumer or for any advice on use or application of the products.
The guarantee does not apply if:
The consumer himself has repaired or processed the delivered products or has had them repaired or processed by a third party;
The delivered products are exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the trader's instructions and/or are treated on the packaging;
The error is wholly or partly due to rules that the authority has laid down or will lay down regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
Business operators will exercise the greatest possible care when receiving and carrying out orders for products.
The place of delivery is the address that the consumer has provided to the company.
Taking into account what is stated in article 4 of these general conditions, the company will accept orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled in whole or in part, the consumer receives notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible compensation for damage.
In the event of dissolution in accordance with the previous point, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered item proves impossible, the trader will endeavor to deliver an alternative product. Upon delivery, it will be clearly and comprehensibly announced that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of a possible return are for the trader's account.
The risk of damage and/or loss of products lies with the trader until delivery to the consumer or a representative recognized in advance and known to the trader, unless otherwise expressly agreed.
Article 12 – Duration Transactions: Duration, Termination and Extension
Termination
The consumer may at any time terminate an agreement that has been concluded for an indefinite period and includes regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
The consumer can at any time terminate an agreement that has been entered into for a specific period and includes regular delivery of products (including electricity) or services, at the latest at the end of the agreed duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the preceding paragraphs:
at any time and is not limited to termination at a particular time or for a particular period;
at least in the same manner as they were entered into;
always with the same notice period as the one the entrepreneur has set for himself.
Extension
An agreement entered into for a specific period and involving regular supply of products (including electricity) or services may not be automatically extended or renewed for a specific duration.
In deviation from the previous point, an agreement that has been entered into for a specific period and includes regular delivery of daily, news and weekly newspapers as well as periodicals can be automatically extended for a specific period of a maximum of three months, if the consumer can terminate this extended agreement by the expiry of the extension with a notice period of no more than one month.
An agreement that is concluded for a specific period and includes regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement includes regular, but less than once a month, delivery of daily, news and weekly newspapers and periodicals.
An agreement with a limited duration for regular delivery of daily, news and weekly newspapers and periodicals (trial or introductory subscription) is not automatically extended and ends automatically after the end of the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time with a notice period of no more than one month after one year, unless reasonableness and cheap considerations speak against termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts that the consumer is obliged to pay must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately notify the entrepreneur of errors in the provided or specified payment information.
In the event of the consumer's default, the entrepreneur has the right, unless there are legal restrictions, to collect the reasonable costs announced in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has ascertained the deficiencies.
Complaints submitted to the entrepreneur are answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 days with a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution scheme.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
Version: 7-1-2024