Terms and conditions

Article 1 - Definitions

The following definitions apply in these Terms and Conditions:

  • Withdrawal period: The period during which the consumer may exercise the right of withdrawal;
  • Consumer: The natural person who, outside the scope of a profession or business activity, enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Term agreement: A distance contract relating to a series of products and/or services for which the obligation of delivery and/or purchase is spread over a specified period;
  • Durable medium: Any tool that allows the consumer or the entrepreneur to store information addressed to them in a way that allows future consultation and reproduction without alteration;
  • Right of withdrawal: The consumer’s option to terminate the distance contract within the withdrawal period;
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely;
  • Distance contract: A contract concluded within the framework of an organized system set up by the entrepreneur for the remote sale of goods and/or services, using exclusively one or more techniques for distance communication until the conclusion of the contract;
  • Technique for distance communication: Tools that can be used to conclude a contract without the consumer and entrepreneur being in the same place simultaneously;
  • General Terms and Conditions: These General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the Entrepreneur

  • Company name: Bebos
  • Chamber of Commerce registration number: 93193785
  • Trade name: Bevy-fashion
  • VAT identification number: 866307825B01
  • Customer service email: info@novaandchic.com

Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, prior to concluding the distance contract, that the General Terms and Conditions are available for review at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, by way of derogation from the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer in electronic format, enabling the consumer to easily store it on a durable medium. 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 to the consumer upon request, either electronically or otherwise.

In the event that specific conditions apply to certain products or services, paragraphs 2 and 3 apply accordingly, and in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are null or voidable at any time, in whole or in part, the agreement and these General Terms and Conditions will remain in force for the rest, and the voided provision will be replaced immediately by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations not covered by these General Terms and Conditions will be judged "in the spirit" of these General Terms and Conditions.

Any ambiguities in the interpretation or content of one or more provisions of these General Terms and Conditions will be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The Offer

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

The offer is subject to change. The entrepreneur reserves the right to modify and adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a well-informed decision about the offer. If the entrepreneur uses images, they will be a faithful representation of the products and/or services offered. Obvious or evident errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.

The images associated with the products are a faithful representation of the offered items. However, the entrepreneur cannot guarantee that the colors displayed will perfectly match the actual colors of the products.

Each offer contains information sufficient to make the consumer aware of the rights and obligations associated with accepting the offer. This specifically includes:

  • The price, excluding customs duties and import VAT. These additional costs are the responsibility of the customer and are collected by the postal or courier service according to the special scheme for such services when importing goods into the EU destination country.
  • Any shipping costs.
  • The method of contract conclusion and the steps necessary to achieve it.
  • Whether the right of withdrawal applies.
  • The terms of payment, delivery, and contract execution.
  • The validity period of the offer or the duration within which the entrepreneur guarantees the price.
  • The cost of communication for distance contracts, if different from the regular base rate for the chosen means of communication.
  • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.
  • How the consumer can verify and, if necessary, correct the information they provided before concluding the contract.
  • Any other languages in which the contract may be concluded, aside from Dutch.
  • Codes of conduct the entrepreneur has adhered to and how the consumer can electronically access them.
  • The minimum duration of a distance contract in the case of recurring transactions.

Article 5 - The Contract

Except as provided in paragraph 4, the contract is concluded when the consumer accepts the offer and complies with the stipulated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of this acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within the legal framework, ascertain whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has valid grounds for not entering into the contract based on this investigation, they are entitled to refuse an order or request or to attach special conditions to its execution, providing a justification.

The entrepreneur will provide the consumer with the following information, in writing or on a durable medium accessible to the consumer, along with the product or service:

  • The business address for submitting complaints.
  • The terms and procedures for exercising the right of withdrawal or a clear statement about the exclusion of the right of withdrawal.
  • Information about existing warranties and customer service.
  • The data specified in Article 4(3), unless already provided to the consumer before concluding the contract.
  • The conditions for terminating the contract if its duration exceeds one year or is indefinite.

In the case of recurring transactions, the provisions of the preceding paragraph apply only to the first delivery.

All contracts are concluded under the condition of sufficient product availability.

Article 6 - Right of Withdrawal

When purchasing products, the consumer may dissolve the contract without providing reasons within 30 days. This reflection period begins the day after the consumer or a designated representative receives the product.

During the reflection period, the consumer will handle the product and packaging carefully. They will only unpack or use the product as necessary to determine whether they wish to keep it. If the right of withdrawal is exercised, the product must be returned with all delivered accessories and—if reasonably possible—in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.

The consumer must notify the entrepreneur in writing (via message/email) within 30 days of receiving the product if they wish to exercise their right of withdrawal. After notifying their intention to withdraw, the consumer must return the product within 30 days and provide proof of return, such as a shipping receipt.

If the consumer does not notify their intent to withdraw or returns the product after the deadline, they must prove that the product was returned within the specified period.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur will refund it as soon as possible but no later than 14 days after withdrawal, provided the product has been returned or proof of return is supplied.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. This exclusion applies only if it was clearly stated in the offer and before concluding the contract.

Exclusion of the right of withdrawal is possible for:

  • Products made to the consumer's specifications.
  • Products that are clearly personal.
  • Products that cannot be returned due to their nature.
  • Products that may deteriorate or expire quickly.
  • Products subject to market fluctuations beyond the entrepreneur's control.
  • Individual newspapers or magazines.
  • Sealed audio, video, and software products, where the seal has been broken by the consumer.
  • Hygiene products, where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is possible for services related to:

  • Accommodation, transportation, restaurant visits, or recreational activities on a specific date or during a specific period.
  • Services that commenced with the consumer's explicit consent before the reflection period ended.
  • Gambling and lotteries.

Article 9 - The Price

During the validity period indicated in the offer, product and service prices will not increase, except for VAT rate changes.

Contrary to the above, the entrepreneur may offer products or services with variable prices subject to market fluctuations outside their control. This dependency and the indicative nature of prices will be stated in the offer.

Price increases within three months of contract conclusion are allowed only if due to legal or regulatory changes.

Price increases after three months of contract conclusion are allowed only if agreed upon by the entrepreneur and:

  • Result from legal or regulatory changes, or
  • The consumer has the right to terminate the contract from the day the price increase takes effect.

According to Article 5(1) of the VAT Act of 1968, the place of supply is the country where transport begins. In this case, the supply occurs outside the EU, and the postal or courier service will collect import VAT or handling fees from the customer. Therefore, no VAT is charged by the entrepreneur.

All prices are subject to typographical and compositional errors. No liability is accepted for the consequences of such errors. In the event of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of suitability and/or usability, and the legal and/or regulatory provisions in effect at the time the contract is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than the normal ones.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application 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 had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions, mishandled, or used contrary to the entrepreneur's and/or packaging instructions;
  • The defect is entirely or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when accepting and executing orders for products.

The delivery address is the address provided by the consumer to the company.

Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as soon as possible but no later than 30 days unless the consumer has agreed to a longer delivery period. In case of a delivery delay or if an order cannot be executed or can only be partially executed, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to terminate the contract at no cost and is entitled to compensation for any damages.

In the event of termination under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to deliver a replacement item. At the time of delivery, it will be clearly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any return costs will be borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur unless explicitly agreed otherwise.

Article 12 - Fixed-term Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an open-ended contract for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and with no more than one month’s notice.

The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at the end of the term. The agreed termination rules apply, with no more than one month’s notice.

For the above agreements, the consumer may:

  • Terminate at any time without being limited to termination at a specific time or period;
  • Terminate in the same way the agreement was concluded;
  • Terminate with the same notice period the entrepreneur has for themselves.

Extension

A fixed-term contract for the regular supply of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.

Contrary to the above, a fixed-term contract for the regular supply of daily or weekly newspapers or magazines may be automatically extended for a fixed period of no more than three months, provided the consumer can terminate the renewed contract at the end of the extension with no more than one month’s notice.

A fixed-term contract for the regular supply of products or services may be automatically extended for an indefinite period only if the consumer can terminate it at any time with no more than one month’s notice or, if it involves less frequent deliveries of daily or weekly newspapers or magazines, with no more than three months’ notice.

A fixed-term contract for the supply of daily or weekly newspapers or magazines as part of an introductory subscription (trial or introductory offer) will not be automatically renewed and will terminate automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with no more than one month’s notice, unless reasonableness and fairness prevent termination before the agreed term ends.