Terms of service

Terms & conditions

1. Terms and Conditions regarding our products
2.    Scope of the Terms and Conditions

The present terms and conditions (the “Terms and Conditions”) apply to all contractual relationships entered into between the public limited company Gansevoort BV with registered office at Jenny Tanghestraat 4/401 9050 Ghent Belgium and registered in the Crossroad Bank for Enterprises under the number 0754.682.863 (including its affiliated companies and subsidiaries hereafter referred to as “Baily & Bella”), on the one hand, and the consuming entities (the “Consumer”), on the other hand, irrespective of its legal nature (i.e. natural person, legal entity, grouping of persons) and regardless of their geographical location, and this with respect to the Products of Baily & Bella. Any reference to Products (or Product) is a reference to the pet products and accessories as displayed on the Website.

The Consumer who has ordered the Products of Baily & Bella through the website: www.bailyandbella.com (the “Website”) or has used the Website in a way that would be compatible with the scope of this Terms and Conditions, has deemed to have read, received and accepted these Terms and Conditions. These Terms and Conditions constitute the contractual framework and therefore form part of the Contractual Relationship between Baily & Bella and its Consumer (“the Contractual Relationship”). Without prejudice to the Terms and Conditions and other stipulations set out on the Website that refer to the mere use of the Website, the Contractual Relationship shall normally start the moment Baily & Bella has agreed on the shipment of an order of Products made by a Consumer.

The Consumer receives, after an order being made through the Website, a confirmation of the order by e-mail. This confirmation is not an acceptance of the order, but merely informative for the Consumer and only applies as confirmation of the receipt of the order by Baily & Bella. 

Baily & Bella has the right to put any user account(s) on the Website of any Consumer on hold and prevent outgoing deliveries where Baily & Bella become aware or has strong reasons to believe any abuse or unfair treatment of any Consumer in the use of the Website.

Baily & Bella reserves the right to refuse orders at its own discretion. Baily & Bella has the right, if it considers this necessary or desirable, to engage third parties for the correct execution of any Contractual Relationship with agreement and to pass on the costs of such engagement to the Consumer.

Baily & Bella reserves the right to adjust its Terms and Conditions. If a provision of these Terms and Conditions would be unenforceable or contrary to a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these Terms and Conditions. In such a situation, the unenforceable or conflicting provision will be replaced by an enforceable and legally valid provision that is as close as possible to the economic purpose of the original provision.

The Consumer declares to have explicitly taken note of the Terms and Conditions stated below and to accept the contents thereof in full and without reservation. The mere use of the Website or the placing of an order leads to the acceptance of the general conditions described below.

Unless expressly agreed otherwise, in the event of any conflict between the text of these Terms and Conditions and the text of the Consumer terms and conditions (if there would be any), these Terms and Conditions shall always prevail over any Consumer’s terms and conditions (regardless of the form in which they were provided to Baily & Bella). Any agreements between the Consumer and Baily & Bella that deviate from one or more stipulations of these Terms and Conditions will only replace the stipulation or the stipulations from which they deviate, so that the other stipulations remain fully applicable. The English version of this text of these Terms and Conditions will always prevail over this and other translations of these Terms and Conditions.

 

1.    Pricing

All prices mentioned on the Website include VAT. The prices remain fixed and unchanged during the period of validity stated in the acceptance of the order. The prices are subject to fluctuations resulting from circumstances beyond Baily & Bella’s control (for example such as fluctuations in the VAT rate, specific tax-adjustments).

 

1.    Introductory Packages

Baily & Bella sometimes provides introductory packages to new Consumer (such as trial boxes for cats and dogs) in case they are new users of the Website with no previous order history. Consumers that are previously registered users do not qualify for such an additional introductory package, unless expressly agreed otherwise. The wording "Previously registered” refers to any combination of: (i) a Consumer with a user account at the Website, (ii) a credit- or debit card, a credit or debit card holder, (iii) a delivery address, (iv) a cardholder address, or (v) a household, who has previously made use of the Website. Such introductory packages are limited to one individual dog and/or one individual cat, unless agreed otherwise. Baily & Bella has the right to refuse or grant such introductory packages to Consumers at its own discretion.

 

1.    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 (help@bailyandbella.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 (help@bailyandbella.com), 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 (help@bailyandbella.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.

 

1.    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.

 

1.    Conformity, warranty and indemnity

Baily & Bella strives to deliver the best Products as indicated in the order made by the Consumer, which corresponds to a reasonable usability / soundness and all legal / regulatory provisions.

Except in case of intent or serious misconduct or negligence on the part of Baily & Bella, all liability of Baily & Bella for any breach of contract is explicitly excluded. In no event shall Baily & Bella be held liable for indirect losses (such as loss of income, opportunities, …). The overall liability is financially limited to the total amount mentioned on the invoices related to the Products concerned. Baily & Bella does not guarantee the quality of Products that have been damaged deliberately or through negligence of the Consumer, or have not been used in accordance with its instructions. The Consumer is obliged to indemnify Baily & Bella against all third-party claims (including government) and is liable for all costs arising from its negligence.

 

1.    Delivery

The Consumer will clearly announce his place of delivery or that of his representative beforehand and in accordance with the instructions as provided for on the Website. The Consumer is obliged to take delivery of the delivered products at the moment that they are delivered at the delivery location communicated by him or at the moment at which the Products are made available to him in accordance with the Contractual Relationship. All information provided by the Consumer to Baily & Bella, such as the information accompanying the order, is binding.

Delivery of Products takes place as long as stocks last. If the stock is exhausted, Baily & Bella will inform the Consumer. No form of compensation is due for depleted inventory. Baily & Bella will always mention an indicative delivery time taking into account known circumstances. Exceeding this delivery time gives in no case rise to any compensation, penalty or cancellation of the order or the Contractual Relationship.

Unless otherwise agreed, the risk of delivery for complete or partial damage and/or full or partial loss lies with Baily & Bella only until the moment of receipt by the Consumer or his representative. In the event of delivery of incorrect Products, Baily & Bella will bear the Product and transport costs if these incorrect products are returned by the Consumer within the 14-days withdrawal period and are received by Baily & Bella.

 

1.     The payment

Unless agreed otherwise, all payments must be made before the Products are sent out to the Consumer. After prepayment, the Consumer can only invoke his rights. The Consumer has an obligation to immediately notify Baily & Bella when incorrect payment details have been communicated.

Late payment of an invoice will result in all claims of Baily & Bella on the Consumer being immediately due and payable. Any overdue invoice will be automatically and without prior notice of default increased by an interest of 8 per year as well as a flat-rate compensation of 10% of the invoice price with a minimum of EUR 15,00 without excluding the option for Baily & Bella to prove and claim higher damages.

Baily & Bella has a retention of title up to the moment of payment by the Consumer of all Products, deliveries, services or activities to be performed under the Contractual Relationship (including all interests and costs).

The Consumer is obliged to provide full cooperation in order to give Baily & Bella the opportunity to return the products to him and to keep the products carefully and sufficiently recognizable as the property of Baily & Bella.

 

1.    Privacy and data protection

By creating a user account, personal data of the Consumer are collected in the customer database of Gansevoort. The received personal data are only used for internal customer management such as the execution of order. These are not passed on to other organizations for commercial purposes.

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC is observed by Gansevoort Consumers are entitled to information, deletion, correction, opposition and access to their personal data.

 

1.       Applicable law and dispute resolution

The Contractual Relationship is governed by Belgian Law.

Immediately after receipt, the Consumer is obliged to carefully check the Products. A complaint due to defective product must first be communicated to Baily & Bella in a clear, written and clear manner via e-mail (with acknowledgment of receipt) or registered letter. Baily & Bella tries to provide an answer within a period of fifteen working days, counting from the date of receipt of such complaint. If a longer period is required, Baily & Bella will notify the Consumer of a later date. If the Consumer and Gansevoort do not reach an amicable solution, in case of further dispute, only then the Courts of Ghent (Belgium) will, unless a mandatory statutory provision expressly designates another, considered to have full competence.

 

1. Specific Terms and Conditions of Loyalty Program. Last updated: April 2022
2. Acceptance of Our Terms

By visiting the website and the web shop on that website “www.bailyandbella.com” (the web shop and the website hereafter commonly referred to as the “Website”), and by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this Website, you agree to be bound by the following terms and conditions of related to the use of the Website (the “Terms”). If you do not want to be bound by our Terms, you should not visit, view or otherwise use the services of the Website. The Terms constitute a legally binding agreement between you, any user of the Website, on the one hand, and Baily & Bella on the other hand. Your use of this Website shall constitute your consent with these Terms. Baily & Bella may modify these Terms or other policies set forth on the Website from time to time. When we modify these Terms, we will update the “Last Updated” line above, indicating the month and the year of the applicable Terms. The current version of the Terms, being the version of April 2022, is the first version and shall apply until a newer version is released.

 

1. How the program works, Membership & Eligibility

Via the loyalty program Baily & Bella rewards the customers’ loyalty for purchasing Baily & Bella’s products by initiating all kind of related commercial actions (the “Program”). For a purchase to qualify under the Program, the customer must be enrolled in the Program and be signed his or her online account at the time of a certain purchase via the Website. The customer enrolled in the Program is able to earn points and to reach certain Program levels by making eligible purchases and/or taking certain other Program actions such as clearly indicated on the Website. Once a customer reaches a certain level in the Program and/or earns a certain number of points, the customer may be eligible for certain benefits and rewards applicable to such level of the Program. Baily & Bella is free to change the precise benefits of the Program from time to time and all rewards are offered on a limited basis as stated in the details of the Program and cannot be accumulated with other promotions or actions. Eligible purchases and other opportunities to reach certain Program levels or earn points will be published on the Website or may be published through other media (e.g. in marketing communications, social media, etc.). The specifics to each purchase eligible under the Program shall be published on the Website and these specifics shall supplement these Terms. More information on the certain levels under the Program can be found under the FAQs help.bailyandbella.com

 

2.1. Eligible customers may only enroll in the Program by visiting the Website and after creating an online Baily & Bella account (the “Account”) as specified on the Website. Each customer must be 18 years or older to become eligible for the Program and to subscribe to an Baily & Bella Account. All customers with an Account are automatically enrolled in the Program.

 

2.2. The customer is required to provide his or hers email address and to create a password in order to enroll. The customer may also have the opportunity to provide us with his or her name, mailing address, birth date and mobile phone number, but such information is optional and such information can be used for promotional purposes and mailings. The customer is entitled to update his or her personal information on the Website and in the Account and has the right to delete or/and modify his personal information. By creating an Account on the Website, the customer agrees with these Terms”. Unless otherwise provided for, no actual purchase is required to be enrolled in the Program. A customer holding an Account is referred to as a “Member”.

 

2.3. Each Account made up in the Program could only be associated with one single email address and one individual customer. In the event of a dispute over ownership of the Account, the customer will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Membership in the Program does not confer any rights or benefits in the program of any other Edgard and Cooper reseller. Our Program only applies to customers of the Edgard and Cooper Website and are no part of any other contractual relationship or does not constitute any other contractual benefits. Rewards in the form of a discount code can therefore only be used on the Website.

 

1. Discounts

Rewards in the form of a Discount are redeemable on your next online purchase with Baily & Bella via the Website. You are required to redeem a discount during checkout of a specified order. Discounts are not valid for cash or cash equivalent and cannot be accumulated with other promotions or other contractual benefits offered, unless expressly stated otherwise. No adjustments can be made on previous purchases. A reward in the form of a Discount is non-transferable. Offer subject to change, alteration, or termination by Baily & Bella in its sole discretion at any time. Members are able to redeem no more than one Discount per purchase/order. A Discount may be linked to a minimum and/or maximum order value. The order value is the sum of all product values excluding the shipping costs.

 

1. Changes, Termination And/Or Removal from the Program

Baily & Bella may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers c.q. Members under the Program at any time to another person or entity, without recourse) or may terminate the Program at any time and at its sole discretion, by posting any such changes on the Baily & Bella Website or by communicating any changes via the contact details as provided for by the Member via hers or his Account.

Baily & Bella reserves the right to exclude individuals, customers from the Program without any motivation. Any abuse of the Program, failure to follow any terms of the Program (including the Terms), Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Baily & Bella could result in to a ban from the Program or could affect eligibility for any further participation in the Program. Membership and Accounts are non-transferable and Membership purchases must be made on behalf of the Member. If Membership is revoked or otherwise cancelled, any points in your account will automatically become void and of no further value.

 

1. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is property of Baily & Bella and falls under the copyright of Baily & Bella. The compilation of all Program content is the exclusive property of Baily & Bella and protected by international copyright laws. Any use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Baily & Bella is strictly prohibited.

 

1. Term Termination

The contractual relationship between Baily & Bella and a customer, any user of the Website, a Member or any other individual contractual party to these Terms may be terminated by Baily & Bella without any prior notice at any time, for any reason. These provisions relating to copyrights, trademark, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination of the contractual relationship. The overall liability of Baily & Bella under the Terms of the Program is limited to EUR 250,00. Baily & Bella shall only be liable for serious shortcoming, fraud of willful conduct and shall never be liable for indirect damages or consequential losses.

 

1. Notice

Baily & Bella may deliver any notice to the customer, user or Member by means of e-mail, a general notice on the Website, or by other reliable method to the address provided to Baily & Bella.

 

1. Use of the Website

Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden and shall be prosecuted. Impersonation of others, including Baily & Bella or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited and shall be prosecuted. A user of the Website may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Baily & Bella reserves all right to seek any indemnification as it sees fit in case a user violates this provision.

 

1. Third-Party Links

In an attempt to provide increased value to our visitors Baily & Bella may link to sites operated by third parties. However, even if the third party is affiliated with Baily & Bella, Baily & Bella has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Baily & Bella. and cannot be held liable for any transmission following the use of such links. These linked sites are only for the visitor’s convenience and therefore the visitor may access them at his or her own risk. Nonetheless, Baily & Bella seeks to always protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Irregularities can be reported by using the following email address: help@bailyandbella.com.

 

This website is property of Gansevoort BV

Contact details

Gansevoort BV
Jenny Tanghestraat 4/401
9050 Ghent
Belgium
E-mail: hello@bailyandbella.com

VAT number: BE 0754 682 863

By entering and using this website, you explicitly agree to the following general conditions:

 

1. Privacy policy

Gansevoort BV, the responsible party for the processing, commits to protecting the privacy of your personal data to our best abilities, through technical safety instructions and a proper safety policy for our employees.

Although most information on this web site is available without entering personal data, there is a possibility that the user will be asked to give personal information. This information will only be used for purposes that are strictly related to the services of Gansevoort BV. The user has the right to object at any time, without charge and on demand, to the use of his personal data for direct marketing purposes. Therefore he needs to address Gansevoort BV Jenny Tanghestraat 4/401 9050 Ghent, Belgium or hello@bailyandbella.com.

Your personal information will never be passed on to third parties.

The user has the legal right to inspect and even rectify his personal data. If you prove your identity (a copy of your ID) you can send a written, dated and signed application to Gansevoort BV Jenny Tanghestraat 4/401 9050 Ghent, Belgium or hello@bailyandbella.com in order to receive a free, written statement of your personal data. If necessary, you can also ask to correct the data which are incorrect, uncomplete or not definitely.

 

The use of “cookies”

During a visit to the web site, cookies might be saved to your computer’s hard drive, with the sole purpose of adjusting our site to the needs of the returning visitor. The small files or cookies aren’t used to check on the navigating behavour of our visitors on other web sites.

Web browsers such as Internet Explorer® or Netscape Navigator® allow you to block the use of cookies. This way, you’ll receive a warning when a cookie is being installed. You can also let cookies be deleted from your hard drive afterwards. Just consult the help function of your web browser.

 

Google Analytics

This web site uses Google Analytics, a web analysing service which is provided by Google Inc. (“Google”). Google Analytics uses cookies to help the web site to analyse how visitors use the site. The information about your use of the website (including your IP address) generated by this cookie is being transferred to Google, who save it on their servers in the United States. Google uses this information to keep track on how you use the web site, make reports about the web site activity for web site exploiters and offer other services related to web site activity and internet use. Google is allowed to provide this information to a third party when Google is legally obliged to do so, or when this third party processes the information on behalf of Google. Google will not combine your IP address with other information it possesses. You can block the use of cookies by choosing the appopriate settings in your browser. In that case, we need to point out to you that you will probably not be able to use all the possibilities of this web site. By visiting this web site, you give permission for your information to be processed by Google in the way and for the purposes as described above.

 

Intellectual property rights

The contents of this Website, including the trademarks, logos, drawnings, data, product or company names, texts, images etc are protected by the intellectual property rights and belong to Gansevoort BV or entitled third parties.

Restriction of liability

The information on this web site is of general nature. The information is not adjusted to personal or specific circumstances and can not be considered to be a personal, professional or juridical advice for the user. If you need a specific or personal advice, you can always contact Gansevoort BV.

Gansevoort BV puts great effort into making sure that the information presented on this web site is complete, correct, accurate and updated. Despite this effort, errors might occur in the presented information. If the given information should contain errors or if certain info is not available on the site, Gansevoort BV will do the biggest possible effort to rectify this as soon as possible. However, Gansevoort BV can not be held responsible for direct or indirect damage resulting from the use of the information on this web site. If you should come across any inaccurancies in the information presented on this website, you can contact the webmaster.

The contents of this web site (including links) can be modified, adjusted or completed at any given time without announcement or notification. Gansevoort BV does not give guarantees about the functioning of the web site and can not be held responsible in any kind of way for a malfunction or temporarily (un)availability of the web site, or for any kind of damage, direct or indirect, resulting from the access or the use of the web site.

Gansevoort BV can not be, in any case or regarding anyone, in a direct or indirect particular or any other kind of way be held responsible for damage resulting from the use of this web site or another one, including from links or hyperlinks, including, without restriction, all losses, work interruptions, damaging of software or other data on the computer system, equipment, software or other properties of the user.

The web site might contain hyperlinks to web sites or pages of third parties or partners, or can indirectly refer to them. By placing links to web sites or pages we do not implicate in any way that we implicitly approve of its contents.

Gansevoort BV declares explicitly that we do not have supervision on the contents or any other features of these web sites and that we can not be held responsible in any case for their contents or features or for any kind of damage by using them.

Applicable law and authorized courts

The Belgian laws apply to this Website. In case of a conflict, only the courts of the jurisdiction of Belgium, Ghent (Ghent) are authorized.

 

Right of withdrawal

Individual clients (consumers) have the right to cancel within 14 days. A consumer is a natural person who does a legal transaction that is not linked to a commercial or self-employed, professional activity. The following regulations apply to the annulment and the exceptions of the right of withdrawal. If clients have any questions concerning annulment, they can contact us via hello@bailyandbella.com