General Terms of Business
**Article 1 – Definitions**
In these terms, the following is understood by:
Withdrawal period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration contract: a distance contract concerning a series of products and/or services, where the obligation to deliver and/or receive is spread over time;
Durable data carrier: any means that allows the consumer or the entrepreneur to store information personally intended for them, in such a way as to allow future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract during the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract within a distance selling system organized by the entrepreneur, where, until the contract is concluded, use is exclusively made by one or more distance communication techniques;
Distance communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur meeting simultaneously in the same place.
General terms and conditions: these general terms and conditions of the entrepreneur.
**Article 2 – Identity of the entrepreneur**
Customer service email: info@belmorinparis.com
Store name: Belmorin Paris
Company name: B&L E-COMMERCE
Company number: NL859724554B01
Business address: Veilingstraat 7, 7545 LZ Enschede
**Article 3 – Applicability**
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded, as well as to orders between the entrepreneur and the consumer.
Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before concluding the distance contract, that the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the previous paragraph may be waived, and before concluding the distance contract, the text of these general conditions may be made available to the consumer electronically so that they can easily save them on a durable data medium. If this is not reasonably possible, it will be indicated before concluding the distance contract where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, either electronically or by other means, upon request.
In cases where, in addition to these general conditions, product- or service-specific conditions also apply, the second and third paragraphs apply by analogy, and the consumer may always invoke the applicable provision most favorable to them in case of conflicting general conditions.
If one or more provisions of these general conditions are wholly or partially null or declared null at any time, the contract and these conditions will remain in effect otherwise, and the concerned provision will be immediately replaced by a provision that comes as close as possible to the purpose of the original provision.
Situations not governed by these general conditions must be assessed "in the spirit" of these general conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general conditions.
**Article 4 – The offer**
If an offer has a limited validity period or is subject to conditions, this is clearly indicated in the offer.
The offer is non-binding. The entrepreneur has the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must faithfully represent the products and/or services offered. Obvious or manifest errors in the offer do not bind the entrepreneur.
All images, specifications, and offer data are indicative and cannot give rise to claims for damages or contract cancellation.
The product images accurately represent the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains information allowing the consumer to clearly understand the rights and obligations related to accepting the offer. This specifically concerns:
the price, excluding customs clearance fees and import VAT. These additional costs will be borne and are at the risk of the customer. The postal and/or courier service will apply a special regime for customs clearance. This regime applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service collects VAT (possibly at the same time as the customs clearance fees charged) from the recipient of the goods;
any shipping costs;
how the contract will be concluded and what actions are necessary in this regard;
the application or not of the right of withdrawal;
the method of payment, delivery, and performance of the contract;
the deadline for acceptance of the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communications if the costs of using the distance communication technique are calculated on a basis different from the regular base rate for the communication method used;
whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
how the consumer can verify and, if necessary, correct the data provided in the context of the contract before concluding the contract;
the other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, types of materials.
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**Article 5 – The contract**
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur confirms receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may inquire – within legal limits – about the consumer’s ability to fulfill their payment obligations, as well as all relevant facts and factors to responsibly conclude the distance contract. If, following this inquiry, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request with justification or to subject the execution to special conditions.
The entrepreneur must provide the consumer, with the product or service, the following information, in writing or in a way that can be stored accessibly on a durable data medium:
1. the address of the entrepreneur’s establishment where the consumer can address complaints;
2. the conditions and manner in which the consumer can exercise their right of withdrawal, or a clear notification regarding the exclusion of this right;
3. information about existing warranties and after-sales service;
4. the data mentioned in Article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided them to the consumer before the contract is executed;
5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a contract of duration, the provision of the previous paragraph applies only to the first delivery.
Each contract is concluded subject to the condition precedent of sufficient availability of the products concerned.
**Article 6 – Right of Withdrawal**
When purchasing products, the consumer has the option to cancel the contract without giving reasons within 14 days. This period starts the day after the consumer or a representative designated by the consumer and communicated to the entrepreneur receives the product.
During the withdrawal period, the consumer must handle the product and packaging with care. They should only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. This notification must be made in writing or by email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days to the original location. The consumer must prove that the goods supplied were returned within the deadlines, for example by providing proof of dispatch.
If the customer does not indicate that they wish to exercise their right of withdrawal within the deadlines mentioned in paragraphs 2 and 3 and does not return the product to the entrepreneur, the purchase is considered final.
**Article 7 – Costs in case of withdrawal**
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received by the online seller or conclusive proof of full return is provided.
**Article 8 – Exclusion of the right of withdrawal**
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly mentioned it in the offer, or at least in due time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
1. made by the entrepreneur according to the consumer's specifications;
2. which are clearly of a personal nature;
3. which, by their nature, cannot be returned;
4. that can deteriorate quickly or expire;
5. whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;
6. for newspapers and magazines;
7. for audio and video recordings and computer software whose seal the consumer has broken;
8. for hygiene products whose seal the consumer has broken.
The exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a given period;
2. for which delivery has begun with the consumer's explicit consent before the withdrawal period ends;
3. concerning bets and lotteries.
**Article 9 – The Price**
During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, except in the case of VAT changes.
Contrary to the previous paragraph, the contractor may offer products or services whose prices are linked to financial market fluctuations, over which they have no influence, at variable prices. This link to fluctuations and the fact that any prices indicated are indicative prices will be mentioned in the offer.
Price increases within 3 months following the conclusion of the contract are only permitted if they result from legal or regulatory provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has stipulated it and:
1. that they result from legal or regulatory provisions; or
2. that the consumer has the right to terminate the contract from the day the price increase takes effect.
Specific additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.
The place of delivery is in accordance with Article 5, first paragraph, of the Value Added Tax Act of 1968, in the country where the transport begins. In this case, this delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance fees from the recipient. Therefore, the contractor will not charge VAT.
All prices are subject to typographical and printing errors. The contractor is not responsible for the consequences of typographical and printing errors. In case of typographical and printing errors, the contractor is not obliged to deliver the product at the incorrect price.
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**Article 10 – Compliance and Warranty**
The contractor guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable quality and/or fitness requirements, and the legal and/or governmental regulations in force at the date of contract conclusion. If agreed, the contractor also guarantees that the product is suitable for a use other than normal.
A warranty provided by the contractor, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the contractor under the contract.
Any defect or incorrectly delivered product must be reported in writing to the entrepreneur within 14 days of delivery. The return of products must be in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have been otherwise mistreated, or in violation of the entrepreneur’s and/or packaging instructions;
- The non-compliance is wholly or partially due to government-imposed regulations regarding the nature or quality of the materials used.
**Article 11 – Delivery and execution**
The entrepreneur will exercise the utmost care when receiving and executing product orders.
The delivery address is the one the consumer has provided to the company.
Subject to what is mentioned in this regard in Article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If the delivery is delayed, or if an order can only be executed partially or not at all, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract free of charge and to request possible compensation.
In case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If the delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is provided. The right of withdrawal cannot be excluded for replacement items. Any return costs are the responsibility of the entrepreneur.
The risk of damage and/or loss of the products lies with the entrepreneur until the moment of delivery to the consumer or to a designated representative known in advance to the entrepreneur, unless otherwise explicitly agreed.
**Article 12 – Duration transactions: duration, termination, and extension**
**Termination**
The consumer may terminate a contract concluded for an indefinite term and aimed at the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a termination notice period of up to one month.
The consumer may terminate a contract concluded for a fixed term and aimed at the regular delivery of products (including electricity) or services, at any time, at the end of the fixed term, subject to the agreed termination rules and a termination notice period of up to one month.
The consumer may terminate the contracts mentioned in the previous paragraphs:
- At any time without being limited to termination at a specific time or within a specific period;
- At least in the same manner as they were concluded by them;
- Always with the same termination notice period as agreed by the entrepreneur for themselves.
**Extension**
A contract concluded for a fixed term and aimed at the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.
Unlike the previous paragraph, a contract concluded for a fixed term and aimed at the regular delivery of newspapers, periodicals, and magazines may be tacitly extended for a maximum fixed term of three months, provided that the consumer can terminate this extended contract at the end of the extension with a termination notice period of up to one month.
A contract concluded for a fixed term and aimed at the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month, and a notice period of up to three months if the contract concerns the regular delivery, but less than once a month, of newspapers, periodicals, and magazines.
A short-term contract aimed at the regular delivery on a trial basis of newspapers, periodicals, and magazines (trial or introductory subscription) does not continue tacitly and automatically ends at the expiration of the trial or introductory period.
**Duration**
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of up to one month, unless the reason and fairness oppose termination before the agreed duration ends.
**Article 13 – Payment**
Unless otherwise agreed, amounts due by the consumer must be settled within 7 days following the start of the reflection period mentioned in Article 6, paragraph 1. In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment data provided or mentioned.
In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable fees previously communicated to the consumer.
**Article 14 – Complaint Resolution**
Complaints regarding the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer expected processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of the date on which the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute that may be subject to dispute resolution arises.
A complaint does not suspend the obligations of the entrepreneur, unless otherwise indicated in writing by the entrepreneur.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.
**Article 15 – Disputes**
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
**Article 16 – CESOP**
Due to the enhanced measures introduced in 2024 regarding the "Amendment of the Value Added Tax Act 1968 (Implementation Act of the Directive on Payment Service Providers)" as well as the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may be required to record data in the European CESOP system.