Terms and conditions BagsByBella

Article 1 – Definitions

In these terms and conditions, the following terms are defined as follows:

  1. Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.
  2. Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with BagsByBella.
  3. Day: A calendar day.
  4. Continuous Transaction: A distance contract related to a series of products and/or services, the delivery and/or purchase obligation of which extends over a period of time.
  5. Durable Data Carrier: Any means that enables the consumer or BagsByBella to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of Withdrawal: The right of the consumer to renounce the distance contract within the cooling-off period.
  7. Model Form: The model form for withdrawal that BagsByBella provides to the consumer, which can be filled in when the consumer wishes to exercise their right of withdrawal.
  8. Entrepreneur: BagsByBella, a natural or legal person who offers products and/or services to consumers at a distance.
  9. Distance Contract: A contract concluded between BagsByBella and the consumer under an organized system for the distance sale of products and/or services, where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication.
  10. Technology for Distance Communication: A means that can be used for concluding a contract without the consumer and BagsByBella being in the same physical space at the same time.
  11. General Terms and Conditions: These general terms and conditions of BagsByBella.

Article 2 – Identity of BagsByBella

The Headquarter of the company is based in the Netherlands and registered with the Chamber of Commerce under number: 88889203.

Name: BagsByBella – dsdbcommerce
Address: Nimrodstraat 13
Postal Code: 5042 WX
City: Tilburg
Country: Netherlands
Phone: +31 (0)13 234 0757
Email: info@bagsbybella.com

KvK (Chamber of Commerce): 88889203
VAT: NL004667068B80

Article 3 – Applicability

These general terms and conditions apply to every offer from BagsByBella and to every distance contract concluded between BagsByBella and the consumer.

Before a 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, BagsByBella will indicate how the general terms and conditions can be viewed and that they will be sent free of charge upon request by the consumer.

If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer’s request electronically or otherwise.

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply, and in the event of conflicting terms, the consumer may always invoke the provision that is most favorable to them.

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 remain in force for the rest. The provision in question will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

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

Uncertainties about the interpretation or content of one or more provisions of these terms and conditions shall be explained in accordance with the spirit of these general terms and conditions.

Article 4 – Offers

  1. Validity and Conditions: If an offer has a limited validity period or is subject to specific conditions, this will be explicitly stated in the offer itself.
  2. Non-binding Offer: Our offers are non-binding. BagsByBella reserves the right to modify and adjust offers.
  3. Detailed Product Information: Our offers include a complete and detailed description of the offered products and/or services. This description is detailed enough to enable the consumer to make a well-informed decision about the offer. If we use images, these are an accurate representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind BagsByBella.
  4. Indicative Information: All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
  5. Color Representation: Product images are as truthful as possible, but BagsByBella cannot guarantee that the displayed colors exactly match the actual colors of the products.
  6. Clear Information for the Consumer: Each offer contains clear information so that the consumer understands the rights and obligations attached to acceptance. This includes, in particular:
    • The price including taxes.
    • Any shipping costs.
    • The procedure for concluding the agreement and the steps to be taken.
    • The availability or exclusion of the right of withdrawal.
    • Payment, delivery, and execution methods of the agreement.
    • The period for accepting the offer and the guarantee of the price by BagsByBella.
    • The costs for distance communication if they deviate from the basic rate for the used communication method.
    • Information about the archiving of the agreement and how the consumer can access it.
    • The possibility for the consumer to check and correct the data provided before concluding the agreement.
    • The languages in which the agreement can be concluded, besides Dutch.
    • The codes of conduct to which BagsByBella adheres and how the consumer can consult them electronically.
    • The minimum duration of a distance contract in case of continuous transactions.
    • Optional: available sizes, colors, materials.

Article 5 – The Agreement

  1. Formation of the Agreement: The agreement is concluded at the moment the consumer accepts the offer and meets the conditions, unless otherwise stated in paragraph 4.
  2. Confirmation of Electronic Acceptance: If the consumer has accepted the offer electronically, BagsByBella will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the consumer can dissolve the agreement.
  3. Security of Electronic Transactions: If the agreement is concluded electronically, BagsByBella will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe online environment. If electronic payment is possible, appropriate security measures will be taken.
  4. Research and Special Conditions: BagsByBella may, within legal limits, investigate whether the consumer can meet their payment obligations and other factors relevant to a responsible distance contract. If BagsByBella has good reasons not to enter into the agreement, it is entitled to refuse an order or attach special conditions to the execution.
  5. Information to the Consumer:BagsByBella will provide the following information in writing or in a way that can be stored by the consumer on a durable data carrier:
    • The visit address for complaints.
    • Conditions and procedures for exercising the right of withdrawal, or a clear statement of exclusion of the right of withdrawal.
    • Warranty information and after-sales service.
    • Data as mentioned in Article 4, paragraph 3, unless already provided before the execution of the agreement.
    • Conditions for termination of the agreement in case of continuous transactions.
    • In the case of continuous transactions, the previous paragraph only applies to the first delivery.

All agreements are concluded under the condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal for Product Delivery

  1. Cooling-off Period for Products: When purchasing products, the consumer has the right to dissolve the agreement within 30 days without giving any reason. This period starts the day after the product is received by the consumer or a representative designated by the consumer and made known to BagsByBella.
  2. Care During the Cooling-off Period: During this period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, in its original condition and packaging, if reasonably possible, to BagsByBella according to the reasonable and clear instructions provided by BagsByBella.
  3. Notification and Return: The consumer must inform BagsByBella of their intention to exercise the right of withdrawal within 30 days of receiving the product. This can be done using the model form or other means of communication, such as email. After notifying BagsByBella of the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example by providing a shipping receipt.
  4. Expiry of the Cooling-off Period: If the consumer has not exercised their right of withdrawal or returned the product to BagsByBella after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

  1. Return Shipping Costs: If the consumer exercises their right of withdrawal, the return shipping costs will be borne by BagsByBella.
  2. Refund of Paid Amounts: BagsByBella will refund all amounts paid by the consumer as soon as possible, but no later than 14 days after receiving the withdrawal, provided the product has already been received by BagsByBella or the consumer can provide conclusive proof of return shipment. The refund will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
  3. Liability for Depreciation: If the product has been damaged due to the consumer’s negligence, the consumer is liable for the depreciation of the product.
  4. Information About the Right of Withdrawal: The consumer cannot be held liable for any depreciation of the product if BagsByBella has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

  1. Exclusion of the Right of Withdrawal: BagsByBella may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. This exclusion of the right of withdrawal is only valid if BagsByBella clearly stated this in the offer, and in any case before the conclusion of the agreement.
  2. Exclusion Applies to Products Such As:
    • Products manufactured according to the consumer’s specifications.
    • Products of a personal nature.
    • Products that cannot be returned for reasons of hygiene or health protection and whose seal has been broken.
    • Products that can deteriorate or age quickly.
    • Products whose price is subject to fluctuations in the financial market over which BagsByBella has no influence.
    • Loose newspapers and magazines.
    • Audio and video recordings and computer software whose seal has been broken by the consumer.
    • Hygienic products whose seal has been broken by the consumer.
  3. Exclusion Applies to Services Such As:
    • Services related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period.
    • Services whose delivery has started with the consumer’s explicit consent before the cooling-off period has expired.
    • Services related to betting and lotteries.

Article 9 – Price

  1. Price Stability: During the period of validity stated in the offer, the prices of the offered products and services will not be increased, except as a result of changes in VAT rates.
  2. Variable Prices: In some cases, we may offer products or services whose prices are subject to fluctuations in the financial market, over which we have no control. In such cases, we will clearly state that the prices are indicative and may change.
  3. Permitted Price Increases: Price increases within 3 months of concluding the agreement are only allowed if they result from legal regulations or provisions.
  4. Price Increases After 3 Months: Price increases starting from 3 months after the conclusion of the agreement are only allowed if the consumer has agreed to them, or if they result from legal regulations or provisions. In the latter case, the consumer has the right to terminate the agreement from the day the price increase takes effect.
  5. Prices Including VAT: The prices stated in our product and service offers include VAT.
  6. Printing and Typographical Errors: We strive to display accurate prices, but we are not responsible for printing and typographical errors. In the event of such errors, we are not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. Product and Service Expectations: We guarantee that our products and services comply with the agreement, the specifications stated in the offer, and the usual requirements of quality and usability. Additionally, we ensure that they meet the applicable legal provisions and government regulations at the time of the agreement. If we have agreed that a product is suitable for a specific use, we also stand behind that suitability.
  2. Legal Rights: Any guarantees provided by the manufacturer or importer of a product do not affect the legal rights and claims that the consumer can exercise against us under the agreement.
  3. Reporting Defects: Any defects or incorrectly delivered products must be reported to us in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
  4. Warranty Period: Our warranty period corresponds to the manufacturer’s warranty period. However, we are not responsible for the ultimate suitability of the products for individual applications by the consumer or for advice regarding the use of the products.
  5. Exclusion of Warranty: Our warranty does not apply in the following cases:
    • If the consumer has repaired the product themselves or had it repaired by third parties.
    • If the products have been exposed to abnormal conditions or have been handled carelessly.
    • If the defect is the result of government regulations regarding the nature or quality of the used materials.

Article 11 – Delivery and Execution

  1. Careful Execution: We will exercise the utmost care in processing orders and executing services. The delivery address is the address provided by the consumer to us.
  2. Delivery Period: We strive to execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If a delay occurs in delivery or if an order can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge, without entitlement to compensation.
  3. Indicative Delivery Periods: All stated delivery periods are indicative and cannot be considered binding. Exceeding a period does not entitle the consumer to compensation.
  4. Refund in Case of Dissolution: In case of dissolution of the agreement according to paragraph 3 of this article, we will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
  5. Substitute Items: If delivery of an ordered product proves impossible, we will make every effort to offer a substitute item. We will clearly indicate that a substitute item is being delivered before delivery. In the case of substitute items, the right of withdrawal cannot be excluded. The costs of any return shipments are at our expense.
  6. Risk and Delivery: The risk of damage or loss of products lies with us until the moment of delivery to the consumer or a designated representative, unless otherwise agreed.

Article 12 – Payment

  1. Payment Period: Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as stated in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
  2. Correct Payment Information: The consumer is obliged to immediately report any inaccuracies in the provided or stated payment information to the entrepreneur.
  3. Costs in Case of Default: In case of default by the consumer, we reserve the right to charge the reasonable costs, which were communicated to the consumer in advance, subject to legal restrictions.

Article 13 – Complaints Procedure

  1. Complaints Procedure: We have a clearly communicated complaints procedure and will handle complaints in accordance with this procedure.
  2. Submitting Complaints: Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
  3. Response to Complaints: Complaints submitted to us will be answered within 14 days of receipt. If a complaint requires more time for processing, we will send an acknowledgment of receipt within 14 days with an indication of when the consumer can expect a more detailed response.
  4. Dispute Resolution: If a complaint cannot be resolved in mutual consultation, a dispute arises that can be submitted to the dispute resolution procedure.

Article 14 – Disputes

  1. Applicable Law: The law of the Netherlands exclusively applies to agreements between us and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. Exclusion of Vienna Sales Convention: The Vienna Sales Convention does not apply.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions that disadvantage the consumer are not valid and must be recorded in writing in a manner that allows the consumer to store them on a durable data carrier.

These general terms and conditions have been drawn up on behalf of BagsByBella and come into effect on 30-10-2023.