Terms & Conditions
1. Definitons
1.1 In these general terms and conditions the following definitions apply:
“Customer”: the natural or legal person with whom Bellyprint enters into an Agreement for the provision of Services and the sale of Products;
“Services”: the production by Bellyprint of 3D statues and related statues, all this in the broadest sense of the word;
“Product(s)”: the goods sold by Bellyprint to the Customer;
“Agreement”: the agreement between Bellyprint and the Customer for (i) the performance of the Service or (ii) the sale and delivery of Products (in the context of the Service) by Bellyprint to the Customer;
“Bellyprint”: Bellyprint B.V., located at Willemsplein 4, 6811 AK in Arnhem, the Netherlands, registered in the trade register of the Chamber of Commerce under number: 86090720;
“Request”: a request from a Customer for the provision of Services and/or the delivery of Products.
2. Applicability
2.1 These general terms and conditions apply to all offers, legal relationships, assignments and Agreements of Bellyprint, including agreements whereby Bellyprint sells and delivers Products to the Customer directly or through or with the mediation of third parties, or any agreement for the provision of Services.
2.2 Deviations from these general terms and conditions are only valid if they have been expressly agreed in advance in writing.
2.3 These general terms and conditions also apply to additional agreements and subsequent agreements between Bellyprint and the Customer.
2.4 The applicability of any purchase or other (general) terms and conditions of the Buyer is hereby expressly rejected.
3. Realisation of the Agreement
3.1 All offers and other expressions of Bellyprint are without obligation, unless expressly stated otherwise in writing. Bellyprint is never obliged to accept and/or execute Requests.
3.2 All offers from Bellyprint are valid for 30 days, unless a quote or statement states otherwise.
3.3 An Agreement between Bellyprint and the Customer is concluded at the moment that Bellyprint accepts a Request from the Customer in writing, or has confirmed the acceptance of the quotation by the Customer in writing.
4. Pricing
4.1 The prices and discounts used by Bellyprint are the prices and discounts that are in force on the day of the conclusion of the Agreement, unless Bellyprint and the Customer have agreed otherwise in writing.
4.2 Bellyprint is authorized to adjust the prices of the Products or the Services on the website at all times.
4.3 The prices stated by Bellyprint include value added tax (VAT), excise duties, import duties, packaging costs and other levies imposed by the government. The prices include set-up, editing and shipping costs.
4.4 For making an appointment via the Bellyprint website £50 reservation costs will be charged. These costs will be deducted from the price of the Product at the time of payment.
4.5 The Products are always sent by registered and insured mail.
4.6 After three months after the Agreement has been concluded, Bellyprint has the right to increase the agreed prices for sales and delivery, whether or not on the basis of increases in purchase prices and/or freight rates of the products and/or raw materials used for production. of the Products are necessary and/or surcharges on the levies imposed by the government.
4.7 If the Customer does not wish to agree to an increase in prices and/or rates made known by Bellyprint and this increase amounts to more than 10%, the Customer is entitled to terminate the Agreement in writing within eight days after said notification from Bellyprint regarding the price change. or cancel the Request by the date specified in the notice.
4.8 The customer must legally report any cancellation at least 14 days before the appointment. For each cancellation, £12.50 administration costs will be deducted from the amount to be refunded. If the appointment is canceled within 14 days, the £50 reservation costs as referred to in Article 4.4 as a no-show rate, ie to compensate for administration costs and lost income, will not be paid to the Customer. In the event of medical force majeure, the appointment can be canceled at any time free of charge.
5. Delivery
5.1 The Products are delivered to the agreed delivery address, unless agreed otherwise. If the Customer refuses to take delivery of the Products there or fails to provide information or instructions necessary for the delivery, the costs incurred as a result, including in any case storage costs, will be borne by the Customer and the risk will nevertheless pass at that time. transferred to the Customer.
5.2 Bellyprint is at all times entitled to deliver the Products in partial deliveries, unless agreed otherwise in writing.
5.3 All (delivery) periods for Products or Services stated and/or agreed by Bellyprint have been determined to the best of its knowledge, but are never binding or strict deadlines. The mere exceeding of a specified or agreed (delivery) term does not cause Bellyprint to be in default, nor does it result in an attributable shortcoming. If any term is exceeded, Bellyprint will still deliver the Products to the Customer as soon as possible or will still perform the Services for the benefit of the Customer. Exceeding the delivery term will never result in a price reduction of the Products or the Service.
5.4 Delivery times depend on the chosen material in which the Product will be delivered. Some materials require less or more post-processing activities in Bellyprint’s own workshop and in the case of finishing the Product, this is carried out by an external service provider in the Netherlands, so that the delivery time varies between 6 and 15 weeks after the visit to a Bellyprint location for the 3d scan.
6. Right to claim
6.1 The Customer is obliged to check within 10 working days after delivery of the Products whether the delivered Products show no external defects. If the Customer has not made a written notification of external defects within two working days after the aforementioned period via the e-mail address ‘welcome@bellyprint.co.uk’, the Products will be deemed to correspond with the nature and number of the order and the Products delivered by the Customer. to be accepted unconditionally.
6.2 If the Customer is of the opinion that the Products do not have the properties that he could expect under the Agreement, the Customer must immediately inform Bellyprint of this in writing after he has established or could reasonably have established any discrepancy, with the Customer providing a detailed description of the identified discrepancy.
6.3 If the Customer reports (in good time) any discrepancy between the delivered Products and what the Customer could reasonably expect on the basis of the Agreement, Bellyprint will confirm this report to the Customer in writing. Bellyprint will enter into consultation with the Customer on this matter as soon as possible and carry out the necessary investigation, whereby the Customer must give Bellyprint the opportunity to determine (or have established) any discrepancy within twenty days after the report is known to Bellyprint.
6.4 Complaints do not entitle the Buyer to suspend its payment obligation(s).
6.5 If Bellyprint deems a complaint to be justified, Bellyprint will, at its own discretion, (1) pay compensation up to a maximum of the invoice value of the Products concerned or (2) replace the Products concerned free of charge.
7 Retention of title
7.1 All Products delivered to the Customer remain the property of Bellyprint until all amounts that the Customer owes for the Products delivered, as well as any additional costs, have been paid to Bellyprint in full.
7.2 At Bellyprint’s first request, the Customer will provide sufficient security for the full fulfilment of all its (payment) obligations towards Bellyprint.
8 Return shipments
8.1 Returning the Products is not possible given that the Products concern personalized customization and the Products have been created in accordance with the Customer’s specifications.
9 Bellyprint Service
9.1 Bellyprint has an obligation of best efforts and no obligation of result with regard to the implementation of all Agreements. With regard to the Service, it is a creative process in which Bellyprint can make creative choices.
9.2 All (delivery) periods for the provision of services stated and/or agreed by Bellyprint have been determined to the best of its knowledge, but are never binding or strict deadlines. The mere exceeding of a specified or agreed term does not cause Bellyprint to be in default, nor does it result in an attributable shortcoming. If any term is exceeded, Bellyprint will still perform the Services for the benefit of the Customer.
9.3 The Customer ensures that all data, which Bellyprint indicates are necessary or of which the Customer should reasonably understand that they are necessary for the execution of the Agreement, are provided to Bellyprint in a timely manner. If the information required for the implementation of the Agreement has not been provided to Bellyprint in time, Bellyprint has the right to suspend the implementation of the Agreement and/or to charge the additional costs resulting from the delay to the Customer in accordance with the usual rates.
10 Payment
10.1 Unless agreed otherwise, all invoices from Bellyprint must be paid within 14 days after the invoice date or as sooner as indicated by Bellyprint, in the manner stated by Bellyprint, without any right to discount and/or set-off. Bellyprint is entitled to send the Buyer an invoice for each partial delivery.
10.2 All costs related to (the execution of) the payment, including any provision of security, will be borne by the Customer.
10.3 After the term referred to in Article 10.1 has expired, the Customer will automatically be in default without notice of default being required. Bellyprint is then entitled to suspend its work for the Customer.
10.4 If the Customer continues to fail to pay the claim, Bellyprint can hand over the claim, in which case the Customer is also obliged to pay extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs determined in court, related to the collection of this claim or exercise of rights otherwise. The extrajudicial collection costs are never less than £50.00 at all times.
10.5 The customer is never entitled to set off (pretense) claim(s) against Bellyprint against debts owed to Bellyprint.
10.6 If the Customer disputes the amount of the invoice, he must notify Bellyprint of his objections in writing within 14 days of the invoice date, failing which this right will lapse.
11 Engagement of third parties
11.1 Bellyprint is always free to engage third parties for the implementation of the Agreement.
11.2 Bellyprint will always proceed with due care when engaging third parties. However, Bellyprint is not liable for damage resulting from the shortcomings of third parties.
12 Liability
12.1 Bellyprint is not liable for damage caused by the use of Products by the Customer, for example, due to incorrect assembly or incorrect use.
12.2 Bellyprint is not liable for any loss or damage arising from, through or in connection with the performance of the Services and/or the sale and/or delivery of Products to the Customer, except for intent and gross negligence on the part of Bellyprint.
12.3 Bellyprint is not liable for damage, of any nature whatsoever, caused by the fact that Bellyprint relied on incorrect and/or incomplete information provided by the Customer during the performance of the Agreement unless this inaccuracy or incompleteness was or should have been known to it.
12.4 Third parties cannot derive any rights from this Agreement.
13 Force majeur
13.1 If Bellyprint is unable to meet its obligations towards the Customer due to a non-attributable shortcoming (force majeure), those obligations will be suspended for the duration of the force majeure situation.
13.2 Force majeure on the part of Bellyprint is understood to mean any circumstance independent of the will of Bellyprint, as a result of which the fulfillment of (the relevant part of) its obligations towards the Customer is prevented, delayed or rendered economically impossible, as a result of which the fulfillment of these obligations cannot reasonably be expected from Bellyprint. are required. Force majeure also includes a shortcoming of Bellyprint’s suppliers. If a force majeure situation has lasted longer than thirty days, the parties have the right to terminate the Agreement by written dissolution. What has already been performed under the Agreement will then be settled pro rata, without the parties owing each other anything.
14 Termination & Dissolution
14.1 Each of the parties is only authorized to dissolve the Agreement if the other party, after a proper and detailed written notice of default setting a reasonable period for remedying the shortcoming, fails imputably in the fulfillment of essential obligations under the Agreement.
14.2 Bellyprint may terminate or suspend the performance of its work in whole or in part by written notification without notice of default and without judicial intervention, if the Customer fails to fulfill its (payment) obligation(s) or if circumstances have come to the knowledge of Bellyprint that give Bellyprint good grounds to fear that the Customer will not fulfill its obligations, provisionally or not, suspension of payment is granted, if bankruptcy is filed with regard to the Customer or if its company is liquidated or terminated. Bellyprint will never be obliged to pay any compensation due to this termination.
14.3 In the event of nullity of one or more provisions from a legal relationship applicable between Bellyprint and the Customer or in these general terms and conditions, the parties will enter into consultations in order to agree on new provisions to replace the null and void or nullified provisions, whereby the purpose and purport are reflected as much as possible. of the invalid or voided provision must be observed.
15 Handover
15.1 Without the prior (written) permission of Bellyprint, the Customer is not permitted to transfer its rights under its legal relationship with Bellyprint or one or more obligations arising therefrom in whole or in part to third parties, or to have them actually performed by third parties. .
16 Privacy
16.1 Bellyprint’s privacy statement applies to the Agreement. This can be viewed at this link.
16.2 Bellyprint reserves the right to unilaterally change the privacy statement from time to time.
17 Intellectual and industrial property rights
17.1 All intellectual property rights with regard to the Products and/or its Services supplied by Bellyprint are vested in Bellyprint or its licensors.
17.2 Bellyprint is authorized to place photos of Products as a result of the Service on its website and social media channels only with the prior consent of the Customer.
17.3 The Customer is expressly prohibited from using Products, but also other matters to which Bellyprint’s intellectual property rights rest, including computer programs, system designs, working methods, advice, (model) contracts and other intellectual products of Bellyprint, all this in the broadest sense of the word, even if or not to reproduce, disclose or exploit it with the involvement of third parties.
17.4 Bellyprint never provides the digital scan file that has been made in the context of the Service upon delivery of the Products. The digital scan file can be purchased at a fixed rate.
18 Applicable law and choice of forum
18.1 Dutch law applies exclusively to the legal relationships between Bellyprint and the Customer.
18.2 All disputes that may arise between Bellyprint and the Customer arising from or in connection with (the performance of) an Agreement concluded between Bellyprint and the Customer, as well as in connection with these general terms and conditions of sale, will be submitted to the competent court of the District Court of Gelderland, location Arnhem, unless otherwise stipulated by a mandatory statutory provision.
