Terms and Conditions
“A gift of happiness”
Terms and Conditions
version valid from January 1, 2021.
1.1 These terms and conditions apply to all offers from Bellyflowers.
The conditions are accessible to everyone and available on the website www.bellyflowers.nl
1.2 Company identity
2551 TR The Hague
Email adres: email@example.com
1.3 By placing an order you agree to the delivery and payment conditions. Bellyflowers reserves the right to change its delivery and / or payment conditions after the expiry of the terms.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Bellyflowers.
1.5 Bellyflowers guarantees that the delivered product meets the agreement and specifications as stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 In accordance with the Distance Selling Directive, Bellyflowers will in any case process orders within 30 days.
If this is not possible (because the ordered item is not or no longer available, there is a delay for other reasons or an order cannot or only partially be executed), the consumer will be notified within one month of placing the order. And in that case, the customer has the right to cancel the order free of charge.
2.3 The place of delivery is the address that the consumer makes known to the company.
2.4 The delivery obligation of Bellyflowers will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Bellyflowers have been offered to the buyer once. For home delivery, the carrier's report, including the refusal of acceptance, will serve as full proof of the offer to deliver.
2.5 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned terms.
3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer / suppliers implement interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in euros and include 21% VAT.
- View period / right of withdrawal
4.1 In the event of a consumer purchase, the buyer has the right, in accordance with the Distance Selling Directive (Article 7: 5 BW), to return (part of) the delivered goods within a period of 14 days without giving any reason. This period starts when the ordered items have been delivered. If the buyer has not returned the delivered goods to Bellyflowers after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to report this to Bellyflowers via firstname.lastname@example.org within the period of 14 days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph lapses. With due observance of the provisions of the previous sentence, Bellyflowers will ensure that the full purchase amount including the calculated shipping costs is refunded to the buyer within 14 working days after receipt of the return shipment. Returning the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
- Services for which the performance has started with the consent of the consumer during the period of seven working days.
- Goods or services whose price depends on fluctuations in the financial market over which the supplier has no influence.
- Goods that are manufactured according to the consumer's specifications, for example customization, or that have a clearly personal character.
- For goods or services that cannot be returned due to their nature, eg hygiene-sensitive items or that can spoil or age quickly.
- audio and video recordings and computer software of which the consumer has broken the seal.
4.3 If the consumer makes use of his right of withdrawal, the costs of return shipment will always be borne by the consumer.
- Data management
5.1 If you place an order with Bellyflowers, your data will be included in the Bellyflowers customer base. Bellyflowers adheres to the Personal Data Act and will not share your data with third parties.
5.2 Bellyflowers respects the privacy of the users of the website and ensures the confidentiality of your personal information.
5.3 Bellyflowers uses a mailing list in some cases.
6.1 Bellyflowers guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement and thus guarantees the manufacturer's warranty of the product delivered to you.
6.2 The warranty period used by Bellyflowers corresponds to the factory warranty period. However, Bellyflowers is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered article is not correct, incomplete or incomplete, then the customer must (before proceeding to return shipment to Bellyflowers) report these defects immediately via email@example.com. Any defects or incorrectly delivered goods can and must be within 7 days after delivery to Bellyflowers are reported via firstname.lastname@example.org The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of a defect, damage occurring after detection of a defect, objections and / or resale after detection of a defect, completely voids this right of complaint and return shipment.
6.4 If complaints from the customer are found to be justified by Bellyflowers, Bellyflowers will replace the goods delivered free of charge (in the opinion of Bellyflowers). Any liability of Bellyflowers for any other form of damage is excluded.
6.5 Bellyflowers is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply:
A) as long as the buyer is in default towards Bellyflowers.
B) if the buyer has repaired and / or modified the delivered goods himself or has them repaired and / or adjusted by third parties.
C) if the delivered goods have been exposed to abnormal circumstances or have otherwise been handled carelessly or have been treated contrary to the instructions of Bellyflowers and / or instructions on the packaging.
D) if the defect is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless stated otherwise in the offer.
7.2 Upon acceptance of an offer without obligation by the buyer, Bellyflowers reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises only bind Bellyflowers after they have been explicitly confirmed in writing.
7.4 Offers from Bellyflowers do not automatically apply to repeat orders.
7.5 Bellyflowers cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
7.6 Additions, changes and / or further agreements are only valid if they have been agreed in writing.
8.1 An agreement between Bellyflowers and a customer is concluded after an order assignment has been assessed by Bellyflowers for feasibility.
8.2 Bellyflowers reserves the right not to accept orders or assignments without giving reasons or only on the condition that the shipment takes place cash on delivery or after payment in advance.
8.3 Bellyflowers has the right to carry out a check if a customer chooses to pay afterwards or to use a credit card. Based on this check, Bellyflowers can offer an alternative payment method or cancel the order. For larger amounts, Bellyflowers can make it a condition that the order is sent cash on delivery. Bellyflowers pays the cash on delivery costs in this case.
8.4 Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after delivery of the item.
- Pictures and specifications
9.1 All images; photos, drawings, etc., information about weights, dimensions, colors, images of labels, etc. on the Bellyflowers website are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
- Force of the majority
10.1 Bellyflowers is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure is understood to mean any strange cause, as well as any circumstance that cannot reasonably be taken for the risk of running the business. Delays in or non-compliance by our suppliers, disruptions in the internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in delivery, negligence on the part of suppliers and / or manufacturers of Bellyflowers as well as auxiliary persons, illness of personnel, defects in aids or means of transport are explicitly regarded as force majeure.
10.3 Bellyflowers behoudt zich in geval van overmacht het recht voor haar verplichtingen op te schorten en is tevens gerechtigd de overeenkomst geheel of gedeeltelijk te ontbinden, dan wel te vorderen dat de inhoud van de overeenkomst zodanig wordt gewijzigd dat uitvoering mogelijk blijft. Bellyflowers is in geen geval verplicht enige boete of schadevergoeding te betalen.
10.4 If Bellyflowers has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the deliverable part and / or the deliverable part separately and the buyer is obliged to pay this. Invoice as it was a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
- Applicable law / competent court
11.1 Dutch law applies to all agreements.