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Terms & Conditions | Privacy Policy

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession and enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any tool – including email – that enables the consumer or trader to store information addressed personally to them, in a way that allows future reference and unaltered reproduction of the stored information;

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the scope of a system organised by the trader for the remote sale of products and/or services, where up to and including the conclusion of the contract, only one or more means of distance communication are used;

Means of distance communication: any method that can be used to conclude a contract without the consumer and the trader being in the same location at the same time;

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Business name: Terlemez Business
Business address: Queenstraat 14, 6663 HC Lent, The Netherlands
Email: support@belari.nl
Chamber of Commerce number: Available upon request
VAT identification number: Available upon request

Article 3 – Scope of Application

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

Before the 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, the trader shall indicate, prior to the conclusion of the distance contract, how the General Terms and Conditions can be consulted at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph and prior to the conclusion of the distance contract, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier.

If this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, where the General Terms and Conditions can be consulted electronically and that they will be provided to the consumer free of charge, either electronically or by other means, upon request.

If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or declared invalid, the remaining provisions of the agreement and these terms shall remain in full force. The void or invalid provision shall be replaced by a provision that reflects the original intent as closely as possible, in mutual consultation.

Any situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these terms.

Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer is subject to a limited period of validity or specific conditions, this shall be clearly stated in the offer.

The offer is non-binding. The trader reserves the right to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, they are a true representation of the products and/or services being offered. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications, and information in the offer are indicative and do not give grounds for compensation or cancellation of the contract.

Images accompanying the products are intended to provide an accurate representation. However, the trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer includes information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

  • The price, excluding customs clearance fees and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will apply the special scheme for postal and courier services with respect to import. This scheme applies when goods are imported into the destination EU country, as is the case here. The postal or courier service will collect the VAT (possibly along with any customs clearance fees) from the recipient of the goods;

  • Any applicable shipping costs;

  • The method by which the contract will be concluded and which steps are required to complete it;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and fulfilment of the agreement;

  • The period during which the offer may be accepted, or the period for which the trader guarantees the price;

  • The rate for distance communication, if the cost of using the communication technology differs from the standard base rate;

  • Whether the contract will be archived after it is concluded, and, if so, how it can be accessed by the consumer;

  • The way in which the consumer can check and, if desired, correct the information they have provided before finalising the contract;

  • The languages, besides Dutch, in which the agreement can be concluded;

  • The codes of conduct to which the trader has subscribed and how the consumer can access these codes electronically;

  • The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance by electronic means. As long as the trader has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures for that payment process.

Within the boundaries of the law, the trader may assess whether the consumer is able to meet their payment obligations, as well as any other facts and factors relevant to responsibly concluding a distance contract. If the trader has valid grounds based on this investigation to not enter into the agreement, they are entitled to refuse an order or application, or to attach special conditions to its execution, provided they give reasons for doing so.

The trader shall provide the following information to the consumer, either in writing or in a way that allows the consumer to store it accessibly on a durable data carrier, at the latest upon delivery of the product or service:

  • the physical business address of the trader’s establishment where the consumer can address any complaints;

  • the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information about warranties and existing after-sales service;

  • the data referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the execution of the agreement;

  • the conditions for terminating the contract if it is of more than one year's duration or of indefinite duration.

In the case of a long-term transaction, the provision above applies only to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product, including all supplied accessories and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product, by written message or email. After notifying the trader, the consumer must return the product within another 14 days. The consumer must be able to prove that the goods were returned in time, for example with a proof of shipment.

If the consumer has not notified the trader of their intention to withdraw within the periods stated in paragraphs 2 and 3, or has not returned the product within the required time, the purchase is considered final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has already made a payment, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is subject to the condition that the trader has received the returned product, or that the consumer provides conclusive proof that the item has been returned in full.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the trader clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that are made to the consumer’s specifications;

  • that are clearly of a personal nature;

  • that, by their nature, cannot be returned;

  • that are liable to deteriorate or expire rapidly;

  • whose price is subject to fluctuations in the financial market beyond the trader’s control;

  • that are individual newspapers or magazines;

  • that consist of audio or video recordings or computer software, where the consumer has broken the seal;

  • that are hygiene-sensitive products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • related to accommodation, transport, catering or leisure activities, if a specific date or period of performance is provided;

  • that have begun with the explicit consent of the consumer before the cooling-off period has ended;

  • that relate to betting and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the trader has no influence. This dependency on market fluctuations, and the fact that any listed prices are guide prices, shall be clearly stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from legal provisions or regulations.

Price increases after three months following the conclusion of the agreement are only allowed if the trader has stipulated this and:

  • the price increase results from statutory provisions or regulations; or

  • the consumer has the right to cancel the agreement as of the day the price increase takes effect.

According to Article 5(1) of the Dutch VAT Act 1968, the place of delivery is the country in which transport originates. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance fees will be charged to the buyer by the postal or courier service. The trader will therefore not charge VAT on the invoice.

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

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the applicable legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than its normal intended purpose.

Any warranty issued by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in unused, like-new condition.

The trader’s warranty period corresponds to that of the manufacturer’s warranty. However, the trader is never responsible for the product’s suitability for any particular purpose intended by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply in the following cases:

  • The consumer has repaired and/or altered the product themselves, or has had it repaired and/or altered by third parties;

  • The products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the trader’s instructions or those stated on the packaging;

  • The defect is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.

Optionally: available sizes, colours, types of materials.

Article 11 – Delivery and Performance

The trader shall exercise the utmost care when receiving and fulfilling orders for products.

The delivery address shall be the address provided by the consumer to the trader.

Subject to the provisions of Article 4 of these General Terms and Conditions, the trader shall process accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled, or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and may be entitled to compensation.

In the event of termination under the previous paragraph, the trader shall refund any amounts paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of a product proves to be impossible, the trader shall make every effort to offer a suitable replacement. Upon delivery, the consumer will be clearly and understandably informed if a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. Any costs for returning such items shall be borne by the trader.

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

Article 12 – Long-Term Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate a contract of indefinite duration that involves the regular delivery of products (including electricity) or services at any time, subject to the applicable termination rules and with a notice period of no more than one month.

The consumer may terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services at the end of the agreed period, subject to the applicable termination rules and with a notice period of no more than one month.

In the cases mentioned above, the consumer has the right to:

  • terminate the contract at any time, without being restricted to termination at a specific time or during a specific period;

  • terminate the contract using the same method as was used to enter into it;

  • always terminate the contract with a notice period that is no longer than the notice period applied by the trader.

Renewal

A fixed-term contract that involves the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

By way of exception, a fixed-term contract involving the regular delivery of daily, news, or weekly newspapers or magazines may be automatically renewed for a maximum period of three months, provided the consumer can cancel the renewed contract at any time with a notice period of no more than one month.

A fixed-term contract that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months in the case of regular but less-than-monthly deliveries of daily, news, or weekly publications.

A fixed-term contract for the trial or introductory delivery of daily, news, or weekly publications (a trial subscription) shall not be automatically extended and will end automatically after the trial or introductory period.

Duration

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

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service contract, this period begins once the consumer has received confirmation of the agreement.

The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the trader.

In the event of non-payment by the consumer, the trader is entitled—subject to legal limitations—to charge the consumer any reasonable costs that were communicated in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the trader within 7 days after the consumer has identified the defect, and must be described clearly and in full.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the applicable dispute resolution procedure.

Submitting a complaint does not suspend the trader’s obligations under the agreement, unless the trader confirms otherwise in writing.

If a complaint is found to be valid by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.

Article 16 – CESOP

Due to the measures introduced and reinforced as of 2024 under the "Act amending the Dutch VAT Act 1968 (Act implementing the Payment Services Directive)", and in connection with the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register payment data in the European CESOP system.

Privacy Policy – Peak & Shine

Version 0.1
Last updated: 12 October 2024

We understand that you place your trust in us, and we consider it our responsibility to protect your privacy. On this page, we explain what data we collect when you use our website, why we collect it, and how it improves your experience. This way, you know exactly how we operate.

This privacy policy applies to the services of Peak & Shine. Please be aware that Peak & Shine is not responsible for the privacy policies of other websites or sources. By using this website, you indicate that you accept this privacy policy.
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In some cases, your data may be shared internally. Our employees are required to respect the confidentiality of your information.

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