Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or performance obligations of which are spread over time;
Durable medium: any tool that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded as part of an organized system for distance selling of products and/or services between the entrepreneur and consumer, without the simultaneous physical presence of the entrepreneur and consumer;
Technique for communication at a distance: means that can be used for concluding a contract, without the consumer and entrepreneur being physically present in the same location.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur Belladio
Korhoenderveld 91, 5431HC, Cuijk
The Netherlands
Email address: info@homezie.co
Chamber of Commerce number: 83576533
VAT identification number: NL003842901B90

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between entrepreneur and 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 distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted by electronic means and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

In cases where alongside these general terms and conditions there are also specific product or service conditions applicable, paragraphs two and three shall apply mutatis mutandis, and the consumer may always invoke the most favorable applicable provision in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the agreement and these conditions shall remain in force and the relevant provision shall be replaced in consultation with the parties as soon as possible by a provision that approximates the purport of the original provision as closely as possible.

Matters not regulated in these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services.

Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the contract will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for communication at a distance if the costs of using the communication technique at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
whether the contract will be archived after its conclusion, and if so, how it will be accessible to the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, restore it;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set for this purpose.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the framework of the law, the entrepreneur may inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its implementation.

The entrepreneur shall provide the consumer with the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the establishment of the entrepreneur where the consumer can address complaints;
the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.

Every agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 30 days. This cooling-off period starts the day after the consumer receives the product or a pre-designated representative known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging carefully. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days, after receipt of the product, by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods delivered have been returned in a timely manner, for example by means of proof of shipment.

If the customer has not indicated within the periods referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer makes use of his 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 30 days after withdrawal, provided that the product has already been returned to the online retailer or conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of right of withdrawal (continued)

which cannot be returned due to their nature;
which spoil or age quickly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Article 9 – The price

During the validity period mentioned 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any indicated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of 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:

these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices mentioned in the offer of products or services do not include VAT**.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer makes known to the company.

Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any further costs and is entitled to any compensation.

In the case of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after termination.

If delivery of an ordered product appears to be impossible, the entrepreneur will endeavor to make available a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal cannot be ruled out. The cost of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests upon the entrepreneur until the moment of delivery to the consumer or a pre-designated and an-nounced representative to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension Termination

The consumer can terminate an agreement that has been entered into for an indefinite period and that aims to regularly deliver products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at the end of the definite duration, subject to agreed termination rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and shall not be limited to termination at a specific time or within a specific period;
terminate at least in the same manner as they were entered into by him;
always terminate with the same notice period as agreed by the entrepreneur for himself.

Extension

An agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services may not be tacitly extended or renewed for a definite duration.

Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that aims to regularly deliver daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.

An agreement that has been entered into for a definite period and that aims to regularly deliver products or services may only be tacitly extended for an indefinite duration 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 in the event that the agreement aims to regularly deliver daily, news, and weekly newspapers and magazines, but less than once a month.

An agreement with a limited duration for the purpose of introducing daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end after the trial or introductory period expires.

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 up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in article 6(1). In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to promptly report to the entrepreneur any inaccuracies in provided or stated payment details.

In case of default by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs notified to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be 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 the period of 30 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.