General terms and conditions

Article 1. General/Definitions

In these general terms and conditions the following terms are understood to mean:

1. Belieff: registered with the Chamber of Commerce under number 95143823, located in Groningen, at Peizerweg 97 B3, 9727AJ, hereinafter referred to as: “Belieff BV”.

2. Purchaser: the person who enters into an agreement with Belieff BV for the delivery or provision of products and/or goods, in the broadest sense of the word.

3. Product: any item or good that has been delivered by Belieff BV to the Customer and/or is accepted/offered as a pilot.

4. General terms and conditions: these general terms and conditions.

5. Agreement: any agreement concerning the purchase of products in accordance with the provisions of the agreement between Belieff BV and the Purchaser.

6. Website: the website www.www.belieff.com

Article 2. Applicability

1. These terms and conditions apply to all offers, sales and deliveries made by Belieff to the Customer, whether or not via the website.

2. Deviations from these general terms and conditions are only valid if expressly agreed upon in writing. Any general terms and conditions or other terms and conditions of the Purchaser are not valid. Belieff BV expressly rejects their applicability.

3. If any provision of these terms and conditions is void or annulled, the remaining provisions of these terms and conditions will remain in full force and effect, and Belieff BV and the Customer will consult with each other to agree on new provisions to replace the void or annulled provisions, whereby the purpose and intent of the void or annulled provision will be taken into account as much as possible. In the event of ambiguity regarding the interpretation or content of one or more provisions of these terms and conditions, they should be interpreted "in the spirit" of these terms and conditions. Situations not covered by these terms and conditions should be assessed "in the spirit" of these terms and conditions.

4. If Belieff BV does not always require strict compliance with these general terms and conditions, this does not mean that the provisions of these general terms and conditions do not apply, or that Belieff in any way loses the right to demand strict compliance with the provisions of these general terms and conditions in other cases.

5. Belieff BV reserves the right to amend or supplement these terms and conditions. Minor changes may be implemented at any time. Major substantive changes will be discussed with the Purchaser (in advance).

6. If Belieff BV has already provided these general terms and conditions to the Customer multiple times, a continuing business relationship exists. Belieff BV is not required to provide the general terms and conditions again to apply them to subsequent agreements.

Article 3. Activities

1. The activities of Belieff BV consist of the production and sale of blankets, ponchos and heating products.

Article 4. Quotation

1. A quote sent is valid for 30 days after the date of issue, unless Belieff BV indicates otherwise.

2. If no acceptance period has been specified, no rights whatsoever can be derived from the quotation.

3. If the Customer accepts a quotation, Belieff BV reserves the right to revoke the offer within 2 working days after acceptance.

4. Belieff BV cannot be held to its quotations if the Purchaser could reasonably understand that the quotation, or a part thereof, contains an obvious error or typographical error.

5. A composite quotation does not oblige Belieff to perform part of the agreement for a corresponding part of the quoted price.

6. If the acceptance of the offer deviates, Belieff BV is not bound by it. The agreement will not be concluded in accordance with this deviating acceptance, unless Belieff indicates otherwise.

7. Quotations made are in principle price indications and do not automatically apply to future orders.

Article 5. Conclusion of the agreement

1. The agreement is concluded as soon as Belieff BV accepts the offer. By accepting the offer, the Customer agrees to the applicability of these general terms and conditions and, if necessary, waives the right to apply its own general terms and conditions.

2. If reservations or changes are made in the acceptance with respect to the quotation, then, in deviation from the provisions of the previous paragraph, the agreement will only be concluded if Belieff BV has informed the Purchaser that it agrees to these deviations from the quotation.

3. Agreements between Belieff BV and the Customer are ultimately recorded via an order confirmation.

4. The agreement must be terminated in writing by registered letter.

5. The notice period for the client is ten days.

6. If a delivery period has been agreed upon or specified for certain products, this is never a strict deadline. If a delivery period is exceeded, the Purchaser must notify Belieff in writing of the default. Belieff must be given a reasonable period to fulfill the agreement.

7. If the Purchaser terminates the agreement without valid reasons, he is liable for damages in accordance with these general terms and conditions.

8. Belieff is not bound by verbal agreements unless they have been confirmed in writing by Belieff.

Article 6. Amendment of the agreement

1. If during the performance of the agreement it appears necessary to amend or supplement the agreement, the parties will amend the agreement in a timely manner and in mutual consultation.

2. Without being in default, Belieff BV may refuse a request to amend, supplement or withdraw the agreement if this could have consequences in terms of quality and/or quantity, for example for the products to be delivered in that context.

3. If the agreement is amended or supplemented, the completion date may be affected. Belieff BV will notify the Customer of this as soon as possible.

4. If the change or addition to the agreement has financial and/or qualitative consequences, Belieff BV will inform the Purchaser about this in advance.

5. If the amendment or addition to the agreement is the result of circumstances attributable to Belieff BV, Belieff BV will not charge any additional costs. If the amendment or addition to the agreement is the result of circumstances attributable to the Customer, Belieff BV will charge additional costs.

Article 7. Cancellation or interim termination of the agreement

1. If the Customer cancels or terminates the agreement prematurely, Belieff will charge the Customer for all costs incurred, including hours spent, plus twenty-five percent. Article 8. Execution and delivery 1. The Customer bears the risk of selecting the purchased products. Belieff does not guarantee that the products are suitable for the Customer’s intended use, unless the intended uses are clearly and unconditionally specified in the agreement between the parties.

2. Delivery of the products will take place at the agreed location for the agreed purchase price. Unless expressly agreed otherwise, the purchase price of the products does not include the costs of transport, insurance, hoisting and lifting, rental of temporary facilities, etc.

3. The risk of loss, theft, and damage to the products passes to the Purchaser upon delivery to the Purchaser. However, if a carrier is used for delivery, whether or not at the Purchaser's request or instruction, the risk of loss, theft, and damage to the products passes to the Purchaser at the moment the products are delivered to the carrier.

Article 9. Suspension and termination

1. At the time when the Purchaser is declared bankrupt, applies for a provisional suspension of payments, or loses the power to dispose of its assets or parts thereof through seizure, placement under guardianship or otherwise, or if the Purchaser clearly becomes unable to meet its financial obligations, Belieff BV has the right to declare any agreement with the Purchaser dissolved without judicial intervention.

2. Each party is also entitled to terminate the agreement without judicial intervention with immediate effect if the other party dies.

3. By the dissolution, the claims existing between the parties become immediately due and payable.

4. If Belieff BV has reasonable doubts about the Purchaser's ability to pay, Belieff BV is entitled to postpone performance of the agreement until the Purchaser has provided security for payment.

Article 10. Payment and collection costs

1. The person entering into the agreement undertakes to pay all costs arising from the agreement.

2. Purchaser pays 50% of the total invoice in advance and 50% after delivery but within 15 calendar days.

3. Payment must be made by invoice, which will be sent to you. The payment term is fifteen calendar days.

4. If an invoice is reversed or for any other reason not paid, the Purchaser must ensure that the invoice amount is paid within seven days of the invoice date.

5. The Customer is in default from the moment the payment date expires. After that date, Belieff BV will send a reminder and give the Customer the opportunity to pay within seven calendar days of receipt of this reminder. If payment has not been made after this period and the Customer cannot invoke force majeure, Belieff BV is entitled to charge interest from the moment the payment date expires. This interest is equal to the statutory interest plus 3% per annum on the amount owed.

6. If the Customer fails to pay the amount due after sending the reminder, Belieff is also entitled to increase the amount stated in paragraph 5 with collection costs. These extrajudicial costs amount to 15% of the amount due, with a minimum of €50.00, plus the actual (extra)judicial costs incurred.

Article 11. Retention of title

1. All products delivered by Belieff remain the property of Belieff BV until the Purchaser has fulfilled his/her (payment) obligations towards Belieff BV.

2. It is strictly forbidden to copy any model from Belieff BV unless express written permission has been given.

Article 12. Complaints procedure

1. Complaints about the products must be submitted to Belieff, with reasons, within 14 days after the complaint arose, or within 14 days after delivery of the products. After the aforementioned periods have expired, the Customer is deemed to have accepted the delivered products. 2. Complaints can be submitted by telephone, e-mail or post. Telephone: +315 07001550 . E-mail: info@www.belieff.com . Address: Peizerweg 97 b3, 9727AJ, Groningen.

3. If a complaint is justified, Belieff has the option to investigate and repair the defect in the products. If this proves impossible, Belieff must adjust the invoice amount in proportion to the complaint.

Article 13. Force Majeure

1. Belieff BV is not obliged to fulfil any obligation towards the Purchaser if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and for which it is not responsible under the law, a legal act, or due to generally accepted views.

2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Belieff BV has no influence, but which prevent Belieff BV from fulfilling its obligations.

3. In the event of force majeure, Belieff BV will immediately notify the Purchaser in writing, stating the cause of the force majeure.

4. Belieff has the right to invoke force majeure if the circumstances that prevent (further) fulfillment of the agreement occur after Belieff BV should have fulfilled its obligation.

5. Belieff BV has the right to suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than one month, both the Purchaser and Belieff are entitled to terminate the agreement without any obligation to compensate the other party for any damages suffered. If the aforementioned situation occurs when the agreement has been partially performed, Belieff has the right to invoice the part already performed separately. The Purchaser is then obligated to pay this invoice as if it were a separate agreement.

6. After notification that force majeure exists on the part of Belieff BV, the Purchaser has the right to cancel the order in writing.

7. Belieff is not responsible for force majeure situations such as strikes in the postal or telephone service or power outages.

Article 14. Liability

1. Belieff BV's liability is limited to damages that can be considered an immediate and clear consequence of the non-compliance or defective performance, limited to the amount covered by Belieff BV's insurance. If the insurance does not pay out in any case or the damage is not covered by the insurance, liability will be limited to one time the invoice amount.

2. Belieff BV is never liable for indirect damages. Indirect damages include: consequential damages; lost profits; lost savings; and damages due to business or other stagnation.

3. The Purchaser's conclusions based on the agreement are subject to interpretation and may differ from those of others. Belieff is in no way liable for this.

4. The limitations of liability contained in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Belieff BV and/or its subordinates.

5. Belieff BV is in no way liable for the costs of claims, lawsuits (including legal advisors and attorney fees), and arbitration fees incurred by the Purchaser arising from the agreement. Furthermore, Belieff BV stipulates all legal and contractual defenses it may invoke to ward off its own liability and/or that of its subordinates against the Purchaser.

Article 15. Applicable law

1. Unless expressly agreed otherwise, disputes arising from the agreement are subject to Dutch law. 2. Without prejudice to Belieff BV's right to submit a dispute to the legally competent court, disputes between the parties will initially be submitted to the competent court in Belieff BV's place of business, unless the law prescribes otherwise.

Right of withdrawal

Upon delivery of products:

1. When purchasing products, consumers have the right to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and notified to the company, receives the product.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. They will 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 will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made using the standard form or another means of communication, such as email. After the consumer has indicated their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
4. If the customer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 have expired, or has not returned the product to the entrepreneur, the purchase is final.

When providing services:

1. When providing services, the consumer has the option to cancel the contract without giving any reason for at least 14 days, starting on the day the contract is concluded.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Costs in case of revocation

1. The consumer shall bear the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be provided before concluding the purchase agreement.

Exclusion of right of withdrawal

1. 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 only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • which have been created by the entrepreneur in accordance with the consumer's specifications;
   • that are clearly personal in nature;
   • which by their nature cannot be returned;
   • that can spoil or become outdated quickly;
   • the price of which is subject to 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;
   • for hygiene products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
   • the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
   • concerning betting and lotteries.

If the product is damaged or the packaging is damaged beyond what's necessary to try it out, we may charge you for the reduction in value. Therefore, please handle the product with care and ensure it is properly packaged when returning it.

In the event of a complaint, a consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved amicably, the consumer should contact WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this online store has a current membership via https://www.webwinkelkeur.nl/leden/ . If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the relevant committee.