MARBELLA
General Terms and Conditions for Belinea
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Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
1.1 Belinea: located at Schapendreef 11, 4824AM in Breda, registered with the Chamber of Commerce under number 77377559.
1.2 Customer: the natural or legal person with whom Belinea has concluded or intends to conclude an agreement.
1.3 Products: all furniture and other items that Belinea offers or delivers.
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Article 2 - Applicability
2.1 These general terms and conditions apply to all agreements between Belinea and the customer.
2.2 Deviations from these general terms and conditions are only valid if agreed upon in writing between Belinea and the customer.
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Article 3 - Offer and Price
3.1 All offers from Belinea are non-binding and subject to price changes.
3.2 Belinea reserves the right to change prices. Price changes do not affect agreements that have already been concluded.
3.3 The prices of the products include VAT unless otherwise stated.
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Article 4 - Customization
4.1 If the customer requests a custom-made product, they must provide the necessary specifications and measurements to Belinea.
4.2 Belinea will provide a quotation for the custom work. This quotation is non-binding and is valid for 30 days.
4.3 If the customer agrees to the quotation, Belinea will enter into an agreement with the customer for the custom-made product.
4.4 Belinea will make every effort to deliver the custom-made product within the agreed period. If the delivery period is exceeded, the customer does not have the right to terminate the agreement.
4.5 All products from Belinea are made specifically for the customer. Therefore, each product is considered a custom-made product. This also applies to products from the webshop. When a customer places an order, the product is made specifically for them, making returns impossible. Returns are only possible if the product is found to be damaged or defective.
4.6 All Belinea products may differ from the sample images on the website. Marble and wood are natural materials, meaning their appearance varies. No rights can be derived from the images. The customer may contact Belinea for an indication of the chosen material’s appearance. However, samples only provide an approximation and no rights can be derived from them. Natural materials look different each time.
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Article 5 - Payment
5.1 Payment must be made before production begins, unless otherwise agreed between Belinea and the customer.
5.2 If the customer fails to pay on time, they are in default by law without requiring a notice of default. From that moment, the customer owes statutory interest.
5.3 Belinea reserves the right to send a payment reminder if the payment term has expired.
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Article 6 - Verification of Specifications and Measurements
6.1 The customer must check and confirm the specifications and measurements of the custom-made product before Belinea starts production.
6.2 After the customer’s approval, the specifications and measurements can no longer be changed.
6.3 The customer is responsible for measuring the space where the product will be placed and for ensuring that the product fits through openings and doorways.
6.4 If the product does not fit or cannot pass through the openings, Belinea is not liable, and the customer must still accept the product. The product will be delivered to the customer's door if it cannot pass through the openings.
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Article 7 - Retention of Title
7.1 The products remain the property of Belinea until the customer has fully met their payment obligations.
7.2 If the customer fails to make payment, Belinea has the right to reclaim the products without judicial intervention.
7.3 The customer is required to return the products upon Belinea’s request if they fail to meet their payment obligations.
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Article 8 - Warranty
8.1 Belinea guarantees the quality of the delivered products.
8.2 The customer must report any defects or shortcomings in writing within 14 days of delivery.
8.3 Belinea will investigate the complaint and provide a solution as soon as possible.
8.4 The warranty expires if the customer makes modifications to the product or misuses the product.
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Article 9 - Liability
9.1 Belinea is not liable for any damage suffered by the customer from the use of the products unless the damage results from intent or gross negligence by Belinea.
9.2 Belinea is not liable for indirect damage, such as consequential damage, lost profits, or business interruption.
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Article 10 - Force Majeure
10.1 If Belinea is unable to fulfill its obligations due to force majeure, its obligations will be suspended for the duration of the force majeure.
10.2 If the force majeure lasts longer than two months, both parties have the right to terminate the agreement without being liable for any compensation.
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Article 11 - Dispute Resolution
11.1 Dutch law applies to all agreements between Belinea and the customer.
11.2 Disputes between Belinea and the customer will be exclusively submitted to the competent court in the Netherlands unless the parties jointly agree otherwise.
11.3 If any provision in these general terms and conditions is found to be invalid, this does not affect the validity of the remaining provisions.
11.4 Belinea reserves the right to amend or supplement these general terms and conditions.
11.5 Changes or additions to these general terms and conditions are only valid if agreed upon in writing between Belinea and the customer.
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Article 12 - Privacy and Data Protection
12.1 Belinea processes the customer's personal data in accordance with the General Data Protection Regulation (GDPR).
12.2 Personal data is treated confidentially and will not be shared with third parties without the customer’s explicit consent.
12.3 The customer has the right to access, correct, or delete their personal data.
12.4 For more information about personal data processing, Belinea refers to its privacy statement on its website.
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Article 13 - Final Provisions
13.1 These general terms and conditions come into effect on 1-3-2025.
13.2 These general terms and conditions replace all previous versions.
13.3 These general terms and conditions apply to all agreements between Belinea and the customer unless the parties expressly agree otherwise in writing.
13.4 By placing an order with Belinea, the customer agrees to these general terms and conditions.