Terms and Conditions
Article 1: General Provisions
1.1 In these terms and conditions, Bellusi, with registered office Yabo BVBA, is hereinafter referred to as "Bellusi", and its customers/buyers/resellers as the "Customer".
1.2 All agreements concluded between Bellusi and the Customer are subject to the following general terms and conditions, unless expressly agreed otherwise in writing. The Customer’s own general terms and conditions shall never be taken into consideration and are therefore deemed null and void with respect to Bellusi. The Customer is deemed to have taken note of Bellusi’s general terms and conditions.
1.3 In addition to these general terms and conditions, specific supplementary conditions may be drawn up depending on the circumstances of particular transactions or services. These supplementary conditions shall form an integral part of these general terms and conditions.
1.4 Any customer purchasing goods or entering into a repair agreement with Bellusi in any manner whatsoever must accept these general terms and conditions. For each order, the terms and conditions published on the website and/or order confirmation at that time shall apply, excluding any previous or future provisions.
1.5 For every electronic order of products, the Customer expressly agrees to these terms and conditions by ticking the relevant checkbox. Anyone placing an order declares that they are aware of and accept Bellusi’s general terms and conditions. An electronic order without such acceptance is, except in cases of fraud, technically impossible, meaning these conditions are always binding upon the Customer. These sales conditions also apply whenever a reservation or order is placed through the webshop.
1.6 The Buyer expressly declares that they are of legal age. Bellusi reserves the right to cancel the sale if it appears that the Buyer is a minor. In such a case, a damage claim equal to the costs incurred by Bellusi shall be issued.
Article 2: Quotations
2.1 Quotations are always issued without obligation.
2.2 Price indications and prices displayed on websites do not constitute an offer.
Article 3: Formation of Agreements
3.1 Every agreement shall be entered into in writing and shall only become final after acceptance of these general terms and conditions, the prices, and the description of the goods or repair work to be carried out. Commencement of performance shall also constitute confirmation.
3.2 Bellusi undertakes to process orders placed on the website while stocks last and within the limitations set out in these terms and conditions.
3.3 Bellusi reserves the right to refuse orders in the event of a serious suspicion of abuse of rights, bad faith, unacceptable commercial purposes, or depletion of stock of a particular item.
Article 4: Graphic Material, Images and Content – Product Description
4.1 All images, videos, tutorials, technical specifications, descriptions, compatible articles or products, and similar information are intended solely to provide the best possible representation of the product or service and shall not give rise to any claim for compensation and/or cancellation of the purchase.
4.2 Product descriptions are provided as accurately as possible. The stated price applies exclusively to the products as literally described. Any accompanying photograph is intended for illustrative purposes and may contain elements or items not included in the price.
4.3 All information developed by Bellusi as referred to in Article 4.1 remains the property of Bellusi and may not be copied, reproduced, or used in any way without prior written permission.
4.4 In the event of a breach of the above provisions, Bellusi shall be entitled to compensation of €1,000 per day for each day that the unauthorized user continues to use such information.
Article 5: Pricing
5.1 All prices displayed on Bellusi’s websites include VAT for end users and exclude VAT for resellers. Shipping costs are not included in the displayed prices. Levies such as Recupel, Bebat, Reprobel, or Auvibel are always included.
5.2 Shipping costs of €7.99 including VAT apply to orders under €99 including VAT. Orders of €99 including VAT or more qualify for free shipping within Belgium.
5.3 Certain prices or offers may be limited in time. This will be indicated alongside the price.
5.4 Shipping costs of €13.99 including VAT apply to orders outside Belgium.
5.5 Prices remain valid while stocks last.
Article 6: Shipping
6.1 Unless otherwise agreed, Bellusi shall determine the method of shipment in accordance with the prices stated in Article 5.2.
6.2 When shipping to an address provided by the Customer, the Customer is responsible for accepting delivery. Failing this, the goods shall be stored at the carrier’s facilities or returned to Bellusi at the Customer’s risk.
OR
6.1 Orders may be shipped to a Kiala collection point. The Customer will receive an email when the shipment is handed over to bpost. Using the tracking link provided, the Customer can monitor the shipment via bpost’s tracking service. The Customer will receive an email or SMS once the shipment has arrived at the selected collection point.
6.2 A valid identity document must be presented when collecting an order from a delivery point. Without such identification, the products cannot be handed over. The parcel will remain available for approximately ten days at the selected Kiala collection point before being returned to Bellusi.
Article 7: Delivery Time
7.1 Agreed delivery times or start/end dates of work are provided for information purposes only and are not binding upon Bellusi. Delays shall never give rise to cancellation of the agreement, penalties, or compensation.
7.2 If the delivery period exceeds three months, the Customer has the right to terminate the agreement free of charge by written notice.
Article 8: Payments
8.1 Payment shall always be made electronically via PayPal, credit card, or debit card. Every order is immediately payable upon conclusion of the agreement.
8.2 Any payments made by the Customer shall first be allocated to the oldest costs, interest, and invoices, respectively, even if the Customer indicates a different invoice number in the payment reference.
8.3 If an invoice is not paid on the due date, interest of 12% per annum shall be due on the outstanding amount without prior notice of default.
8.4 In the event of late payment, compensation equal to 10% of the outstanding amount, with a minimum of €20 per invoice, shall also be payable, without prejudice to the principal amount, default interest, and all collection, reminder, and legal costs.
8.5 In the event of non-payment, Bellusi shall have the right to suspend any agreement and deliveries without prior notice, without the Customer being entitled to compensation or termination of the agreement.
8.6 Warranty repairs or commercial promotions do not entitle the Customer to defer payment or make partial payments.
8.7 If Bellusi is required to refund any amount to the Customer, the same compensation provisions referred to in Articles 8.3 and 8.4 shall apply to Bellusi.
Article 9: Retention of Title
9.1 Until full payment of an invoice has been received, the goods and services charged on that invoice shall remain the property of Bellusi. Full payment also includes any interest and costs due.
9.2 The Customer is not permitted to sell, lease, pledge, or otherwise dispose of the goods without Bellusi’s prior written consent.
9.3 Upon Bellusi’s first request, the Customer shall make the goods available to Bellusi and hereby irrevocably authorizes Bellusi or persons designated by Bellusi to enter the premises where the goods are located in order to recover them.
9.4 In accordance with Article 9.1, Bellusi shall transfer ownership of the goods to the Customer once all obligations have been fulfilled, without prejudice to any other claims Bellusi may have against the Customer. The Customer shall provide all necessary cooperation upon Bellusi’s first request, failing which a penalty of €500 per day shall apply for each day of non-compliance.
9.5 Goods or parts thereof that are under repair or warranty shall remain the property of Bellusi until all outstanding claims have been settled.
9.6 The Customer undertakes, where necessary, to inform third parties of Bellusi’s retention of title, for example any person seeking to seize goods that have not yet been fully paid for.
9.7 All risks after delivery, including but not limited to theft, moisture damage, and physical damage, shall be borne by the Buyer, even if the goods have not yet been fully paid for.
Article 10: Complaints
10.1 Non-conformity or visible defects must be reported no later than upon collection or delivery, failing which all rights shall lapse. Complaints concerning invoices must be notified by registered mail within eight days of the invoice date.
The complaint must be clearly described. After this period, Bellusi shall be deemed to have fulfilled its obligations correctly, and the Customer shall be deemed to have accepted the services and/or invoice.
10.2 Complaints shall never entitle the Customer to suspend payment of an invoice.
10.3 If Bellusi accepts a complaint as justified, Bellusi may choose one of the following remedies:
10.3.1 Revise and adjust the invoice.
10.3.2 Supply an equivalent alternative.
10.3.3 Take back the goods listed on the invoice, terminate the agreement, and issue a credit note.
10.4 In the event of a complaint, the Customer must allow Bellusi the opportunity to remedy any defects or offer an alternative solution.
10.5 Returns shall always be made at the Customer’s expense and risk. Bellusi shall only accept returns after prior written approval. Goods must be returned in their original packaging and in the same condition in which they were delivered.
10.6 Repairs cannot be returned for credit. In the event of a defect in a repair, the item must be resubmitted for repair.
Article 11: Warranty Provisions
11.1 Bellusi carefully selects its products to offer optimal quality. Should problems nevertheless arise, the following warranty conditions apply.
11.2 The statutory two-year warranty applies to the sale of goods to consumers. This warranty only covers defects in conformity that already existed at the time of delivery. During this period, Bellusi undertakes to repair or replace the defective product or component free of charge. Bellusi reserves the right to replace the product if repair costs are disproportionate or if repair is impossible. Defects that become apparent more than six months after delivery are presumed not to have existed at the time of delivery unless the Customer proves otherwise.
11.3 Errors, defects, or shortcomings attributable to Bellusi and demonstrated by the Customer shall be repaired as soon as possible at Bellusi’s expense, or, if repair is impossible, the goods shall be taken back and credited.
11.4 Consumable goods are not covered by any warranty unless otherwise agreed in writing.
11.5 Goods covered by warranty must be returned at the Customer’s own expense and risk and must always be accompanied by a copy of the purchase invoice and/or a properly completed form.
11.6 Goods under warranty shall not be credited unless they cannot be repaired or replaced.
11.7 The warranty shall be void in the following cases:
11.7.1 The product has been neglected.
11.7.2 The product has been modified by the Customer or a third party.
11.7.3 Repairs have been carried out or altered by a third party.
11.7.4 Improper or careless use, incorrect connection or installation, physical damage, moisture damage, or other external causes.
11.7.5 Incorrect or improper use of the product.
11.7.6 Use of unsuitable accessories.
11.7.7 If the Customer has used the product negligently or attempted repairs personally or through a third party.
11.7.8 Software-related issues are never covered by warranty.
11.7.9 Removal of serial numbers.
Article 12: Limitation of Liability
12.1 Neither Bellusi nor any third parties engaged by Bellusi in connection with the conclusion or performance of any agreement shall be liable for any damage, direct or indirect, suffered by the Customer or any third party involved in the execution of the agreement, regardless of the cause.
12.2 Bellusi shall never be liable for:
12.2.1 Non-delivery or late delivery.
12.2.2 Information contained in documentation, brochures, websites, quotations, etc.
12.2.3 Force majeure.
12.2.4 Repairs carried out by the Customer or a third party, or damage resulting from improper use.
12.2.5 Business losses or consequential damages.
12.2.6 Damage caused by software.
12.2.7 Any form of damage resulting from data loss.
12.3 The Customer shall indemnify Bellusi against all claims made by third parties against Bellusi.
12.4 The exclusions and limitations of liability contained herein shall not apply insofar as the damage results from intentional misconduct or gross negligence on the part of Bellusi.
Article 13: Force Majeure
13.1 If, after the agreement has been concluded, Bellusi is unable to perform its obligations due to circumstances that could not reasonably have been foreseen or known at the time of conclusion, such circumstances shall constitute force majeure.
13.2 Such circumstances include, but are not limited to, strikes, government measures, supply delays, export restrictions, riots, war, mobilization, transport disruptions, import restrictions, negligence by suppliers or manufacturers, illness of personnel, defects in equipment or means of transport, lockouts, labour disturbances, and other events that Bellusi could not reasonably insure against.
13.3 In cases of force majeure, Bellusi shall have the right to suspend its obligations. Bellusi may also terminate the agreement in whole or in part or demand that the agreement be amended to allow continued performance. Under no circumstances shall Bellusi be obliged to pay compensation or penalties. Bellusi retains the right to payment for work already performed and costs already incurred.
13.4 If performance becomes permanently impossible or temporary impossibility continues for more than six months, either party may terminate the agreement without the Customer being entitled to compensation.
Article 14: Termination of the Agreement
14.1 If the Customer fails to fulfil obligations, files for bankruptcy, is declared bankrupt, requests judicial reorganization, proposes a settlement to creditors, becomes subject to seizure of assets, sells or liquidates all or part of the business, dies, is placed under guardianship, or otherwise loses control of the business, all claims Bellusi has or acquires against the Customer shall become immediately due and payable without prior notice.
14.2 In such cases, Bellusi may suspend further performance or terminate the agreement in whole or in part by written notice, without notice of default or judicial intervention and without owing compensation.
14.3 Bellusi shall at all times be entitled to claim damages and recover delivered goods.
14.4 If the Customer wishes to terminate the agreement, the Customer must first formally notify Bellusi in writing and allow a reasonable period to remedy any deficiencies, which must be clearly specified in writing.
14.5 The Customer shall not be entitled to terminate the agreement or suspend obligations if the Customer is already in default of its own obligations.
14.6 In the event of partial termination, the Customer may not cancel services already performed by Bellusi, and Bellusi shall remain entitled to payment for such services.
Article 15: Right of Withdrawal
15.1 In accordance with Articles VI.47–52 of the Belgian Code of Economic Law, consumers have the right to withdraw from the agreement within fourteen days without giving any reason and free of charge.
15.2 This provision applies only to sales concluded through Bellusi’s website where no direct contact has taken place between the Customer and Bellusi and where the agreement qualifies as a distance contract under Article VI.45 et seq. of the Belgian Code of Economic Law.
A right of withdrawal is subject to the following conditions:
15.2.1 The purchaser is a consumer as defined by the Belgian Code of Economic Law.
15.2.2 The product is not custom-made, personalized, or specially ordered without stock being maintained.
15.2.3 The product does not consist wholly or partly of audio recordings, video recordings, or computer software.
15.2.4 The seal of software or any comparable proof of non-use has not been broken.
15.2.5 The product can be returned without rapid deterioration.
15.3 The Customer may invoke the right of withdrawal only if the following formalities are complied with:
15.3.1 The right must be exercised within fourteen calendar days. Bellusi must be notified within this period, together with any request for reimbursement and proof of payment. Reimbursement shall be made within thirty days of receiving the withdrawal notice to a bank account specified by the Customer.
15.3.2 If the product has already been delivered, it must be returned within the same fourteen-day period at the Customer’s own expense and risk.
Article 16: Liability for Website Use
16.1 Bellusi’s website is intended solely to provide general information regarding Bellusi’s products and activities. Bellusi is bound only by an obligation of best efforts concerning website access, ordering processes, delivery, and related services.
16.2 Bellusi reserves the right to suspend or discontinue the website, in whole or in part, at any time for maintenance, updates, or any other reason, without prior notice.
16.3 Bellusi shall not be liable for any inconvenience or damage resulting from internet use, system failures, unauthorized access, viruses, information posted or processed by third parties, or any event constituting force majeure.
Article 17: Privacy Protection
17.1 Bellusi reserves the right to collect customer data solely for internal use, either directly through information provided during registration and/or ordering or indirectly through cookies, newsletter subscriptions, reservation requests, or orders.
17.2 In accordance with the Belgian Privacy Act of 8 December 1992, the Customer has the right at all times to access, amend, or request deletion of personal data if they no longer wish to receive information regarding Bellusi’s activities. For this purpose, the Customer may contact Bellusi.
Article 18: Intellectual Property
18.1 All elements of Bellusi’s website, including the technology used, are the exclusive property of Bellusi and are protected by copyright.
Users who operate their own website and wish to create an automatic link, even for personal use, between their website and Bellusi’s homepage must first obtain Bellusi’s express permission.
Article 19: Disputes
19.1 All disputes shall be governed exclusively by Belgian law and fall within the exclusive jurisdiction of the courts of the judicial district where Bellusi’s registered office is located.
If any provision of these terms and conditions is found to conflict with Belgian law, the remaining provisions shall remain fully valid and enforceable. Upon request, these terms and conditions shall be provided free of charge to the Buyer and may also be consulted online under “General Terms and Conditions”.
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