The right of withdrawal for the Consumer
If the Consumer is a natural person who does not act in the context of a profession or business, he or she has the right - in accordance with article VI 47 of the Belgian Code on Economic Law (“CEL”) to revoke the Contractual Relationship with Baily & Bella within a withdrawal period of 14 days starting from the day following the day on which the Consumer has received the Products and without stating reasons.
During the 14-days withdrawal period, the Consumer will handle the Products and packaging concerned with utmost care. He or she will only unpack the Product concerned to the extent necessary to assess whether he or she wishes to keep the Product. If the Consumer exercises the right of withdrawal, the Consumer will return the Products concerned with all accessories and - if reasonably possible - in its original condition and packaging to Baily & Bella, in accordance with the reasonable and clear instructions provided for by Baily & Bella. If the Products concerned are food products, only unopened and unaffected packages can be returned. The Consumer can not make use of his right of withdrawal for perishable products that have passed the expiry date.
Before the expiry of this 14-days withdrawal period, the Consumer unequivocally declares Baily & Bella to the extent of his or her decision to withdraw from the Contractual Relationship via the use of the standard form: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf (in Dutch).
In case of such a withdrawal where the Consumer wishes to return the goods for free, the Consumer has to request a free return label through our Customer Service Department (email@example.com) and has to return the products within the withdrawal period of 14 days starting from the day following the day on which the Consumer has received the Products.
If the above conditions are met, the customer is entitled to a refund of the amount paid by the Consumer for the Products. Only if Baily & Bella has made a mistake in the order, the shipping costs of the original order will be refunded. In no other case, the shipping costs of the original order will be refunded by Baily & Bella. It will be refunded from the moment that Baily & Bella has recovered all Products or earlier, if the Consumer proves that he has returned the Products (i.e. a tracking link).
If the return does not meet these conditions above, the Consumer will bear all direct costs (e.g. shipping costs) for the return of the Products. The amount paid by the Consumer for the Products can then only be refunded if a proof of return (i.e. a tracking link) can be presented. Only if Baily & Bella has made a mistake in the order, the shipping costs of the original order will be refunded. In no other case, the shipping costs of the original order will be refunded by Baily & Bella.
If the wrong products are returned (e.g. products that are not ordered through our webshop), even with a return label provided by our Customer Service Department (firstname.lastname@example.org), the direct costs for the return are for the Consumer. If only a part of the return contains wrong products and the order has been sent with a return label provided by our Customer Service Department (email@example.com), then there are no direct costs for the return for the Consumer. The costs incurred to send the wrong products back to the Consumer are at the expense of the Consumer. If the wrong products are returned, they will not be refunded by Baily & Bella.
The Consumer is liable for the depreciation of the Products resulting from the handling of the products that goes beyond what was necessary to assess the nature, the characteristics and the functioning of the goods.
Baily & Bella refunds the Consumer with the same payment method with which the Consumer has performed the original transaction, unless the Consumer and Baily & Bella has explicitly agreed otherwise.
Cancellation, suspension and dissolution
If the Consumer, after the withdrawal period, wishes to cancel an order made, and Baily & Bella agrees, 25% of the price (excluding VAT) will be charged as cancellation costs. Baily & Bella reserves the right to claim full compensation for the costs incurred.
Baily & Bella has the right to suspend their obligations if:
- the Consumer does not fully fulfill his obligations under the agreement or there is a well-founded suspicion.
- the Consumer dies, goes bankrupt, is subject to insolvency proceedings.
- the Consumer fails to pay an invoice amount or part thereof within the stipulated period.
- Baily & Bella can dissolve the Contractual Relationship if circumstances occur that are of such a nature that compliance with the Contractual Relationship is impossible or can no longer be demanded according to standards of reasonableness and fairness.