Terms and Conditions
1. General Terms and Conditions
1.1 These general terms and conditions of sale apply to and form part of all sales agreements concluded by lovebellafitshop.com.
1.2 lovebellafitshop.comdoes not accept any general terms and/or conditions of the customer (hereinafter: “Customer”), unless and insofar as such conditions have been expressly accepted by lovebellafitshop.com in writing.
1.3 In the event that Bellawaist’s order confirmation contains provisions deviating from these general conditions, the provisions set forth in Bellawaist’s order confirmation shall prevail.
2. Agreement
2.1 All offers and quotations issued by lovebellafitshop.com are without obligation and remain valid for 30 days from the date of issue.
2.2 All online sales made by lovebellafitshop.com are confirmed in writing (via e-mail, digital confirmation, or regular mail) and may be finalized through a digitally confirmed sales contract.
2.3 The Customer shall be deemed to have accepted Bellawaist’s order confirmation if the Customer requests execution of the order.
2.4 Any confirmation(s) issued by the Customer that deviate from Bellawaist’s order confirmation shall only be binding if expressly accepted in writing by lovebellafitshop.com.
3. Price and Terms of Payment
3.1 The price specified in Bellawaist’s order confirmation is fixed and includes 21% Dutch VAT.
3.2 All current or future taxes, duties, or levies imposed by any governmental authority (federal, state, or local), whether directly or indirectly related to the sale or transportation of the goods, shall be borne by the Customer.
3.3 lovebellafitshop.com reserves the right to retroactively adjust the price in the event of increases in cost-determining factors, including but not limited to: production costs, raw materials, auxiliary materials, energy, third-party supplies, taxes, duties, governmental charges, freight, and insurance premiums. Customers will be notified of such changes.
3.4 Set-off or withholding of payment by the Customer is not permitted unless lovebellafitshop.com has agreed to this in writing.
3.5 The Customer shall be deemed in default, without the need for further notice, if payment is not made by the due date. Interest on overdue payments may be charged at an annual rate of 12%.
3.6 Ownership of goods remains with lovebellafitshop.com until all obligations, including full payment, have been fulfilled.
3.7 If payment and shipping arrangements are not made within ten (10) business days from receipt of goods, a storage fee of 1% of the total invoice value per week (minimum EUR 50 per week) will be charged. This fee is compounded weekly until full payment and shipping arrangements are completed.
3.8 lovebellafitshop.com is entitled to require up to 100% advance payment for online sales.
3.9 Goods purchased from lovebellafitshop.com include a twelve (12) month warranty period, commencing from the date of purchase. In the event of defects, lovebellafitshop.com reserves the right to determine whether replacement or repair is most appropriate. Additional warranties, if applicable, will be specified in the order form.
The warranty does not apply to:
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Water damage;
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Repairs made by third parties without prior written consent;
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Modifications to the goods;
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Improper maintenance;
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Use of goods for purposes other than intended;
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Extensive outdoor or wet weather use.
4. Delivery and Delays
4.1 lovebellafitshop.com may make partial shipments, each treated as a separate contract. The Customer is responsible for ensuring goods fit through entryways (doors, windows, elevators). Prices exclude postal delivery. Transit times vary per order.
4.2 lovebellafitshop.com shall not be bound to agreed delivery dates if circumstances arise that substantially impede performance, including force majeure (natural disasters, strikes, export restrictions, supply shortages, breakdowns, emergencies, etc.).
4.3 In such cases, lovebellafitshop.com may rescind the contract without liability or extend the delivery period. If delays exceed two months, the Customer may cancel the agreement. Either party may terminate if continuation becomes unreasonable.
4.4 In case of delays, lovebellafitshop.com may substitute equivalent goods from third parties.
4.5 If the Customer defaults on any obligation, lovebellafitshop.com may delay or suspend delivery. In cases of insolvency, lovebellafitshop.com may cancel deliveries without liability; losses remain the Customer’s responsibility.
4.6 In compliance with EU law, lovebellafitshop.com may request certified customs documents confirming goods have entered free circulation outside the EU.
5. Examination and Conformity
5.1 The Customer must inspect goods upon delivery for conformity.
5.2 Complaints must be submitted in writing within seven (7) days of delivery or discovery of defects. Use of the goods constitutes acceptance.
5.3 Complaints do not exempt the Customer from payment obligations. lovebellafitshop.com may suspend further deliveries pending resolution.
6. Right of Return
6.1 A 30-day cooling-off period applies, unless explicitly excluded by lovebellafitshop.com Returns are accepted if:
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Goods are undamaged and in original packaging;
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Goods are in resellable condition;
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Written cancellation is submitted;
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Refunds will be issued within 30 days of receipt of returned goods.
Excluded from return rights:
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Goods ordered for business projects;
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Customized or specially ordered goods.
7. Transfer of Risk and Property
7.1 Risk transfers to the Customer upon delivery.
7.2 If delivery is suspended due to non-payment or rejected by the Customer, goods will be stored at the Customer’s risk and expense.
7.3 Ownership remains with lovebellafitshop.com until full payment, including additional charges, has been received.
7.4 Upon termination, lovebellafitshop.com may reclaim goods under retention of title.
7.5 Until payment is complete, the Customer may only use goods in the ordinary course of business and must:
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Keep goods clearly identifiable as lovebellafitshop.com property;
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Notify lovebellafitshop.com of third-party claims;
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Adequately insure the goods.
8. Liability
8.1 lovebellafitshop.com liability is limited to foreseeable damages, capped at the purchase price. Under no circumstances shall lovebellafitshop.com be liable for indirect, incidental, or consequential damages, including loss of goodwill, business, profits, or production.
10. Waiver
10.1 Failure by lovebellafitshop.com to enforce any provision shall not constitute a waiver of its rights.
11. Limitation of Action
11.1 Customers must notify lovebellafitshop.com of claims within 30 days of discovery. Legal action must be initiated within twelve (12) months thereafter.
12. Governing Law and Jurisdiction
12.1 All disputes shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.
12.2 Dutch law exclusively governs this agreement.
12.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13. Compliance with Laws and Standards
13.1 Bellawaist.com makes no representation that goods comply with any specific laws or standards unless expressly confirmed in writing. The Customer is solely responsible for compliance and obtaining required approvals or permits.
14. Intellectual Property
14.1 The sale of goods does not grant the Customer any license or rights to intellectual property. The Customer assumes all risks of infringement related to importation, use, or combination with other materials.