Terms of service

Table of Contents

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Obligations of the trader in the event of withdrawal

Article 9 – Costs in the event of withdrawal and exercise of the right of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance of the contract and warranty

Article 13 – Delivery and performance

Article 14 – Long-term contract: termination and renewal

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Supplementary or deviating provisions

Article 1 – Definitions

Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;
Day: a calendar day;
Digital content: data produced and supplied in digital form;
Continuing contract: a contract providing for the regular supply of goods, services and/or digital content over a specified period;
Continuing contract: a contract with a term of at least one year, or of indefinite duration.
Durable medium: any medium – including email – which enables the consumer or trader to store information addressed personally to them in a way that allows for future reference or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: European model withdrawal form
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be physically present in the same place at the same time.

Article 2 – Identity of the trader and contact details

Bellanno Wear, trading under the name: Bellanno

Registered office address:

Mesdaglaan 14

3451 JH Vleuten

The Netherlands

Please note: We operate solely via an online shop and do not have a physical shop. The address given is our registered office address. This address also serves as the returns address.

Telephone number: 06 11163203

Email address: info@bellannowear.com

Chamber of Commerce number: 42072993

VAT registration number: NL869582884B01

We can be contacted on weekdays via the telephone number provided, from Monday to Friday between 10:00 and 18:00. We can be contacted via our email address throughout the week (Monday to Sunday). If you do not receive a response via our telephone number, please leave a voicemail message. We will call you back as soon as possible.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall, before the distance contract is concluded, indicate how the general terms and conditions may be viewed at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, by way of derogation from 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit of’ these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions contained in these general terms and conditions must be interpreted ‘in the spirit of’ these general terms and conditions.
If, at any time, one or more provisions in these general terms and conditions are wholly or partially void or are set aside, the contract and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.

Article 4 – The Offer

If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
The offer contains 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 proper assessment of the offer. Where the trader uses images, these are a true representation of the products, services and/or digital content on offer. Obvious mistakes or errors in the offer are not binding on the trader.
Every offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to the acceptance of the offer.
All images provided in the offer are for illustrative purposes only and therefore cannot give rise to a claim for compensation or the termination of the contract.
The trader cannot guarantee that the colours shown in the images correspond exactly to the actual colours of the products. Images are for illustrative purposes only; the product description provides as accurate a description of the colour as possible.
Each offer contains sufficient information to ensure that every consumer is clear about their rights and obligations upon entering into the contract. This includes:

The price, including tax;
delivery costs;
Steps required to conclude the contract;
Exercise of the right of withdrawal;
The method of payment, the method of delivery and the manner of performance of the contract;
The rate for distance communication, if the costs of using the technology are calculated on a basis other than the standard basic rate for the means of communication used;
Whether the contract is archived, and how the consumer may access it;
The manner in which the consumer, prior to concluding the contract, can check the details provided by them (in the context of the contract) and, if desired, correct them.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance of the offer by electronic means. Until the trader has confirmed receipt of this acceptance, the consumer may withdraw from the contract.
Where the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. Where the consumer is able to pay electronically, the trader shall observe appropriate security measures for this purpose.
The trader may – within the legal framework – ascertain whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract.

If, on the basis of this assessment, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating their reasons, or to attach special conditions to its performance.
No later than upon delivery of the product, service or digital content to the consumer, the trader shall provide the following information, either in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the trader’s premises where the consumer may lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on guarantees and existing after-sales service;
the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
From the moment the consumer takes possession of the product, the trader is no longer liable for what the consumer does with the product, provided that the product is not defective.

Article 6 – Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This cooling-off period commences on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader. If the consumer has ordered multiple products in a single order, the right of withdrawal applies to each product separately.
The trader may ask the consumer for the reason for withdrawal, but may not oblige the consumer to provide it.
During the cooling-off period, the consumer shall handle the product and its packaging with care. A detailed description of this obligation is set out in Article 7.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must give notice by sending an email to the address specified in Article 2. Once the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must provide evidence that the goods have been returned in good time, for example by means of proof of dispatch.
If, upon expiry of the periods referred to in sub-paragraph (a), the customer has not notified the trader of their intention to exercise their right of withdrawal, the sale is deemed to have been concluded.

In the case of the provision of services:

In the case of the provision of services, the consumer has the option to withdraw from the contract without giving any reason within at least 14 days, commencing on the day the contract is concluded.
To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, upon delivery.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to ascertain its nature, characteristics and functioning. The basic principle here is that the consumer may only handle and inspect the product in the same way as they would be permitted to do in a shop.
The consumer is only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any reduction in the value of the product if the trader has not provided the consumer with all the legally required information regarding the right of withdrawal either before or at the time of concluding the contract.

Article 8 – The trader’s obligations in the event of withdrawal

If the trader allows the consumer to give notice of withdrawal electronically, the trader shall send an acknowledgement of receipt without delay upon receipt of such notice.
The trader shall refund all payments made by the consumer, excluding any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the returned product is received by the trader. Unless the trader offers to collect the product themselves, they may delay the refund until the product has been received by the trader or until the consumer has provided evidence that they have dispatched the product.
The trader shall use the same payment method for the refund as the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer; the refund period is 14 days after the return has been processed.
If the consumer has opted for a more expensive delivery method than the cheapest (standard) method, the trader is not obliged to reimburse any additional costs.

Article 9 – Costs in the event of withdrawal and exercise of the right of withdrawal

If the consumer exercises their right of withdrawal, they shall bear no more than the costs of returning the goods. If the trader has not clearly stated that the consumer is responsible for the return postage costs, the consumer is not obliged to pay these costs.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of the complete return can be provided.

The refund will be made via the same payment method used by the consumer, unless the consumer expressly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the product’s value.
The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information regarding the right of withdrawal; this must be done before the conclusion of the sales contract.
The risk and the burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct postage costs for returning the goods. If the trader has not stated that the postage costs are to be borne by the consumer, the consumer is not obliged to bear these costs.
If the consumer exercises their right of withdrawal after having first expressly requested that the performance of the service or the supply of gas, water or electricity – which have not been prepared for sale in a limited volume or specific quantity – commence during the cooling-off period, the consumer shall owe the trader an amount proportionate to that part of the obligation which the trader has fulfilled at the time of withdrawal, compared with the full fulfilment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

The trader has not provided the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form.
The consumer has not expressly requested the commencement of the provision of the service or the supply of gas, water, electricity or district heating.

The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:

He has not expressly consented, prior to the supply thereof, to the commencement of the performance of the contract before the end of the cooling-off period;
they have not acknowledged that they would forfeit their right of withdrawal upon giving their consent; or
the trader has failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all ancillary contracts shall be terminated by operation of law.

Article 10 – Exclusion of the right of withdrawal

If the trader has explicitly stated this in the offer, the trader may exclude the following products and services from the right of withdrawal, namely:

products manufactured to the consumer’s specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person. This also applies to all bespoke pre-orders;
products which, by their nature, cannot be returned;
products which are liable to deteriorate or expire rapidly;
products whose price is subject to fluctuations in the financial market over which the trader has no influence;
contracts concluded during a public auction.
individual newspapers and magazines;
products which, by their nature, have been irrevocably mixed with other products after delivery;
package holidays as referred to in Article 7:500 of the Dutch Civil Code;
audio and video recordings and computer software where the consumer has broken the seal;
hygiene products where the consumer has broken the seal; or
service contracts where performance has commenced with the consumer’s express consent before the cooling-off period has expired, provided that the consumer has declared that the right of withdrawal is forfeited once the contract has been fully performed.

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where the prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that the prices quoted are indicative prices shall be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases taking effect 3 months or more after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.

Article 12 – Performance of the contract and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the trader, supplier, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Products must be returned in their original packaging and in the original condition in which they were delivered to the consumer.
The delivery times stated by the trader in the offer are purely indicative. Given the nature of the business, the trader may need to deviate from these indications. The stated delivery times may vary by one or two days due to circumstances beyond the trader’s control. The trader will keep the consumer informed of the actual delivery times.
The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is at no time responsible for the ultimate suitability of the products for any individual use 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 has had them repaired and/or modified by third parties;
the products supplied have been exposed to abnormal conditions or have otherwise been handled carelessly or in contravention of the trader’s instructions and/or those on the packaging;
the defect is wholly or partly the result of regulations which the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 13 – Delivery and Fulfilment

The trader shall exercise the utmost care when receiving, processing and fulfilling orders for products and when assessing requests for the provision of services.
The place of delivery shall be the address provided by the consumer when placing the order.
Subject to the provisions set out in Article 4 of these general terms and conditions, the trader shall fulfil accepted orders with due diligence, but no later than within 30 days, unless a different delivery period has been agreed. This means that the contract must be fulfilled within 30 days of the order being placed. If delivery is delayed, or cannot be carried out at all or only partially, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract free of charge and is entitled to compensation where applicable.
Following termination as referred to in the third paragraph, the trader shall refund the amount paid by the consumer without delay.
The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 14 – Long-term contracts: termination and renewal

The consumer may terminate a contract entered into for an indefinite period and which provides for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract entered into for a fixed term, which provides for the regular supply of products (including electricity) or services, at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may, in respect of the contracts referred to in the preceding paragraphs:

terminate them at any time and not be restricted to termination at a specific time or during a specific period;
terminate them at least in the same manner as they were entered into by the consumer;
always terminate them subject to the same notice period as that stipulated by the trader for itself.

A contract entered into for a fixed term and relating to the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
A contract entered into for a fixed term and relating to the regular supply of goods or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month.
If a contract has a term of more than one year, the consumer may, after six years, terminate the contract at any time with a notice period of no more than one month, unless reasons of reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise specified in the contract (or supplementary terms and conditions), the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received confirmation of the contract.
The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.
If the consumer fails to meet their payment obligation(s) on time, and after the trader has notified them of the late payment and granted them a period of 14 days to fulfil their payment obligation, the consumer shall, in the event of non-payment within this 14-day period, statutory interest shall be payable on the outstanding amount and the trader shall be entitled to charge the extrajudicial debt collection costs incurred by them. These collection costs shall not exceed: 15% on outstanding amounts up to 2,500 euros, 10% on the next 2,500 euros and 5% on the following 5,000 euros, with a minimum of 40 euros. The trader may, in the consumer’s favour, deviate from the aforementioned amounts and percentages.

Article 16 – Complaints Procedure

The trader has a complaints procedure that has been adequately publicised and handles complaints in accordance with this procedure.
Complaints regarding the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has identified the defects.
Complaints submitted to the trader shall be responded to within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of its submission, a dispute arises which is subject to the dispute resolution procedure.

Article 17 – Disputes

Dutch law applies exclusively to contracts between the trader and the consumer to which these general terms and conditions relate.

Article 18 – Supplementary or Deviating Provisions

Any provisions that are supplementary to or deviate from these general terms and conditions must not be to the detriment of the consumer and must be set out in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.