General terms and conditions

Article 1 - Definitions


In these terms and conditions, the following definitions shall apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is 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 unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.


Article 2 - Identity of the entrepreneur


Company name: Believe
Chamber of Commerce number: 1014137176
Trade name: Believe
VAT number: BE1014137176
Customer service mail:
Company Address: Pastorijstraat 3300 Tienen

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer at any time.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and details mentioned in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
Product images are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer includes such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

  • The price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services concerning imports. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs) from the recipient of the goods;
  • Any additional shipping costs;
  • The manner in which the agreement will be concluded and what actions are necessary for this;
  • Whether or not the right of withdrawal is applicable;
  • The method of payment, delivery, and execution of the agreement;
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The amount of the rate for remote communication if the cost of using the remote communication technology is calculated on a different basis than the regular base rate for the used means of communication;
  • Whether the agreement, after being concluded, will be archived, and if so, how it can be accessed by the consumer;
  • The way in which the consumer can check and, if necessary, rectify the information provided by them in the context of the agreement before concluding it;
  • Any other languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically; and
  • The minimum duration of the remote agreement in case of a continuous transaction.

Optional: Available sizes, colors, types of materials.

 

Article 5 – The Agreement

The agreement is established at the moment of acceptance by the consumer of the offer and compliance with the stated conditions, subject to the provisions in paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur may—within legal frameworks—verify whether the consumer can meet their payment obligations, as well as other facts and factors relevant to responsibly concluding the remote agreement. If the entrepreneur has legitimate grounds based on this investigation to not enter into the agreement, they are entitled to refuse a request or order with justification or to attach special conditions to its execution.
The entrepreneur will include the following information with the product or service, either in writing or in a manner that can be stored by the consumer in an accessible way on a durable medium:

  • The physical address of the entrepreneur's establishment where the consumer can lodge complaints;
  • The conditions and the manner in which the consumer can exercise the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
  • Information on warranties and existing after-sales services;
  • The data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if the agreement is of more than one year or indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after the consumer, or a previously designated representative of the consumer, receives the product.
During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product via a written message or email. After this notification, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
If the consumer has not notified the entrepreneur of their wish to exercise the right of withdrawal or has not returned the product within the stated periods, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs 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 the withdrawal, provided that the product has already been received by the entrepreneur or conclusive proof of the complete return can be submitted.

 

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

  • That have been created according to the consumer’s specifications;
  • That are clearly personal in nature;
  • That, by their nature, cannot be returned;
  • That can spoil or age quickly;
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • For single issues of newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygienic products where the seal has been broken.

Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specified period;
  • Whose delivery has begun with the express consent of the consumer before the reflection period has expired;
  • Concerning betting and lotteries.

 

Article 9 – The Price

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.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
    The place of delivery is based on Article 5, paragraph 1 of the VAT Act 1968, in the country where transport starts. In this case, delivery takes place outside the EU. Consequently, import VAT or customs clearance costs will be charged by the postal or courier service to the recipient. Therefore, no VAT will be charged by the entrepreneur.
    All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned products must be in their 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 ultimate suitability of the products for each individual application by the consumer, nor for any 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 otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
  • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

 

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
In accordance with what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with reasonable speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be carried out or only partially carried out, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and a right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may, with respect to the agreements mentioned in the previous paragraphs:

  • Terminate at any time and not be limited to termination at a specific time or during a specific period;
  • At least terminate in the same manner as they were entered into by the consumer;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.
In deviation from the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly renewed for a definite period of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular but less than once-a-month delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has a duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

 

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