Last update: September 4, 2023

ARTICLE 1. INTRODUCTION AND OWNERSHIP OF THE WEBSITE

We kindly ask you to carefully read these Terms, Legal Notice, as well as our Privacy and Cookies Policy before using this website.

This document and those that may be mentioned in it establish the conditions under which the use of the website www.belmacraftandart.com (hereinafter, the “Website” or the “Site”) and the purchase of products on it (hereinafter, the “Conditions”) are governed.

The owner of this website is Belén Rodríguez, with a registered office at Kabajastraat 86, 1448DV Purmerend, the Netherlands. Registered with the Commercial Register of the Chamber of Commerce of the Netherlands under number 82988277, VAT number: NL003758819B34.

Phone number: +31 (0) 638 738 751

Email: hello@belmacraftandart.com

The terms “BELMA”, “we”, “us” and “our” refer to Belma Craft & Art. The terms “You”,The Buyer” or “The Customer” refer to anyone who visits our site or purchases anything from us.

Unless stated otherwise in this document, the Site is governed by these Terms. We kindly ask you to read them carefully, as your use of the Site constitutes your acceptance of them and your agreement to be bound by them. If you do not agree with these Terms, you should not access or use the Site. Any new feature or tool added to the current Site is also subject to the Terms. You can consult the latest version of the Terms on the Site at any time.

As the owner of this website, BELMA reserves the right to update, modify, or replace any part of the Terms, as well as the entire commercial offer presented on the website (product modifications, prices, promotions, and other commercial and service conditions).

It is the user’s responsibility to periodically check this page for changes. If you continue to use or access the Site after the publication of any changes, it means that you accept those changes. For this reason, we recommend that you review these General Conditions before making any purchases.

The information or personal data that you provide to us will be processed in accordance with our Privacy Policy. By using this website or placing an order, you consent to the processing of such information and data and declare that all the information or data you provide to us is accurate and corresponds to reality.

No material from the Site may be copied, republished, distributed, uploaded, posted, or transmitted in any way unless BELMA expressly permits it. The Site, including all information and content, is the property of BELMA or our suppliers and is protected by patents, trademarks, and/or copyrights. We grant you a personal, limited, non-exclusive, non-transferable, and non-sublicensable license to access the Site and use the information and services contained therein. We have the right to modify these rules and/or limitations at any time, at our sole discretion.

These Terms govern all contracts, supplies, and other services agreed upon between the User and BELMA. These Terms apply to all users of the Site, including, without limitation, users who are browsers, sellers, customers, merchants, and/or content collaborators. Unless BELMA has indicated otherwise in writing, your own general conditions will not be accepted.

ARTICLE 2 – USE OF THIS WEBSITE

The user’s acceptance of these Terms is necessary and essential for registration and/or use of the service.
By using this website and placing orders through it, the user agrees to:

1. Use this website solely for making legally valid inquiries or orders. This site is available for personal and non-commercial use only. Such use will be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information, as well as the consequences of such communications to the Site.
2. Not place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we have the right to cancel it and inform the relevant authorities.
3. Facilitarnos su dirección de correo electrónico, dirección postal y/u otros datos de contacto de forma veraz y exacta, y actualizar inmediatamente su cuenta y demás información, incluidos su correo electrónico y los números y fechas de caducidad de sus tarjetas de crédito, para que podamos completar su transacción. También acepta que utilicemos dicha información para ponernos en contacto con usted en caso necesario (véase la Política de privacidad). Si BELMA no puede establecer claramente su dirección, no se podrá aceptar un pedido.
4. When placing an order through this website, you declare that you are over 18 years of age and have legal capacity to contract and bind yourself.

ARTICLE 3 – PLACING ORDERS. PURCHASING PROCESS

Every contract on our Site is concluded under suspensive conditions of sufficient availability of the products in question or the necessary materials to make those products, or with a commitment to produce or manufacture the product, since in most cases BELMA offers collections that are not in stock to support sustainability and because they are unique pieces, customizable items, limited editions, or custom-designed pieces.

BELMA will exercise the utmost care in the processing of orders and will dispatch accepted orders as quickly as possible in the order in which they are received.

3.1 Order Placement:

Through the different sections of the website, the user will be guided throughout the online purchase process, selecting items of interest, verifying their characteristics, availability, and prices, which will be temporarily stored in a “shopping cart,” and can be removed or replaced by you at any time before making the payment or committing to purchase.

Once the items of interest are selected, you can review and accept, if applicable:

• Your order details
• Provide the shipping and/or billing address
• The total cost expressed in euros (€)
• The breakdown of applicable taxes
• Select the payment method, and correct the provided data in case of an error.

Changes in the delivery address will not be accepted once the order has been placed.

The purchase contract will be deemed completed when payment has been made successfully..

BELMA keeps a computer record of all transactions (orders, cancellations, returns, billing, etc.) made with website buyers. This record will be considered as evidence of transactions made between both parties. Este registro se considerará como prueba de las transacciones realizadas entre ambas partes.

3.2 Price and Payment:

The contractual price is the price in effect at the time an order is placed on the website. All prices indicated on the website are expressed in euros (€) and include Value Added Tax (VAT). Unless otherwise indicated, the prices listed with the items include shipping costs within the Netherlands. Prices are subject to change at any time. BELMA is not obligated to honor the terms of its offer in the event of a printing, typographical, or programming error on its website.

3.3 Confirmation of the Purchase Made:

Once the purchase process is completed, BELMA will inform you by email of the products purchased. Order processes that have been technically or otherwise interrupted before payment instructions are completed will be incomplete even if you have received an order confirmation. Therefore, such an order will not be delivered in principle. However, BELMA will make an effort to contact you to complete the payment instructions and make the delivery. If we cannot reach you, the purchase of the product will be considered canceled.

3.4 BELMA reserves the following rights:

1. The right to cancel the order at any time during the process if it deems it necessary and will proceed with a refund.
2. The right to reject any orders placed with us.
3. The right to limit sales of our products or services to any individual, geographical region, or jurisdiction. We may exercise this right on a case-by-case basis.
4. The right to set limits or cancel quantities purchased per person, per household, or per request, and we do not authorize the purchase of commercial quantities of our merchandise. These restrictions are made at our discretion and may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
5. The right to limit or prohibit orders that, in our judgment, appear to be made by distributors or resellers.

In the event that we make changes or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order.

ARTICLE 4. PHOTOGRAPHY

BELMA provides adequate photos and descriptions of the products for sale to enable you to form a good judgment about these items. Neither the photos nor the descriptions are contractual, serving only as illustrations, and do not bind BELMA, which, given the state of technology, does its best to make the colors and shapes of the products displayed on the Site faithful to the originals, without being able to avoid variations in colors and tones presented due to technical limitations and depending on the monitor on which they are displayed. Many of the items shown on the website are unique. In these cases, the photos serve as examples of the pieces you can order, which will be made exclusively for you. The delivered items may differ in color and condition from the items shown on the Site.

ARTICLE 5. PAYMENT METHODS

The accepted payment methods on the website are Stripe (debit and credit cards), Ideal (for the Netherlands), and Paypal. All payments must be made in accordance with the instructions provided on the relevant pages of the Site.

1.Payment with a credit card (Stripe): If you pay with a credit card, you will be asked for the card number, expiration date, and a validation code that matches the last 3 digits of the number printed in italics on the back of your card.

2.Payment with a Paypal account: You must have a Paypal user account before making the payment. Once this system is chosen, you will be redirected to the Paypal website where the payment will be completed, and you will be shown the amounts to be paid, including all applicable taxes or fees for the transaction. Paypal will send you a receipt of the transaction to your email account.

ARTICLE 6. AVAILABILITY OF PRODUCTS – LIMITED EDITIONS / ONE-OF-A-KIND ITEMS

Most of the products in our catalog are not in stock and must be ordered from our Creators (artists and craftsmen). Therefore, you should inquire and accept the estimated delivery time indicated for each product on the Site. For more information, you can contact us by email at hello@belmacraftandart.com.

We are not responsible if certain products are sold out or unavailable. Most of our items are limited edition and in most cases, they are unique. BELMA updates the Site as frequently as possible, but all items are sold on a first-come, first-served basis, and it is possible that something may be sold and not indicated as such. In the unlikely event that the products you have ordered are not available, we will notify you as soon as possible. We will propose an alternative, and you will have the right to accept this proposal or request a refund through the payment method used to purchase the product(s).

For custom, personalized, or items made to the customer’s specifications (for example, engraved or embroidered with initials, color changes, specific measurements, etc.), it will not be possible to exercise the right of withdrawal detailed in Article 10 of these conditions (RETURN POLICY).

ARTICLE 7. SHIPPING CONDITIONS

The shipping costs of the products offered through this website are included in the price indicated for each item, provided that delivery is made within the Netherlands.

For shipments to other EU countries, please contact us, and we will be happy to provide you with a quote. If customs duties and taxes apply, the customer will be responsible for them.

ARTICLE 8. DELIVERY OF ORDERS

Orders will be delivered to the delivery address designated by the customer. Once prepared, we will proceed to ship the order within the indicated time, depending on the type of product purchased, starting from the order confirmation date. The delivery time indicated on the website is approximate, and there is no right to compensation if the actual delivery is delayed. BELMA is not responsible for delays in the delivery of orders due to causes not directly attributable to BELMA, fortuitous events, or force majeure.

For orders of items available in stock: estimated delivery times will be 4 to 7 working days for the Netherlands. For orders of items not available in stock: the delivery time varies depending on the item and is specified in the “DELIVERY TIME” section.

For the purposes of these Conditions, the delivery of the order will be considered to have occurred when you, or a third party, take physical possession of the products, which will be proven by signing the receipt of the order at the delivery address.

Delivery incidents: in case of non-delivery due to the recipient’s absence or lack of a mobile phone, and if the package is returned to BELMA, you will be responsible for the new shipping costs.
In the event that 30 days have elapsed since your order is available for delivery and it has not been delivered due to reasons not attributable to BELMA, we will understand that you wish to withdraw from the contract, and we will consider it resolved (except for custom, personalized, or made-to-specification orders). As a result of the resolution of the contract, we will refund the price paid by you. In any case, the shipping costs related to the return of the item will be deducted from the payment.

For custom, personalized, or made-to-specification orders, payments received will not be refunded. Please note that, in these cases, it will not be possible to exercise the right of withdrawal, as detailed in Article 10 of these conditions (RETURN POLICY).

If BELMA delivers a different item than the one requested or if the item is damaged or defective, you must notify BELMA within 24 hours of delivery. You will have the option to receive a replacement product, if available, or a full refund, including shipping costs.
At the time of delivery of your order, before signing the shipping order, you should verify two things:

1. That the received item corresponds to the purchase made.
2. That the package is in good condition.

In case of detecting any incident, please notify the transportation agency that delivers it, before signing the acceptance of the order, and notify us within 24 hours of delivery. Take photos of the damaged packaging and the unpacking process, as well as of the damages detected on the product, and send them to hello@belmacraftandart.com. Keep all original boxes and packaging materials.

ARTICLE 9. BILLING
The delivery of items will be considered as having taken place in the territory of application of Dutch VAT if the delivery address is within the Netherlands. The applicable VAT rate will be the legally valid rate at all times depending on the specific item in question. You expressly authorize us to issue the invoice in electronic or paper format.

You expressly authorize us to issue the invoice in electronic or paper format.

ARTICLE 10. RETURN POLICY

10.1 Right of Withdrawal:
BELMA reserves the right to exclude the customer’s right of withdrawal for products as described in paragraph 2.

As a consumer, you have the right to withdraw from this contract within 14 natural days from the date of delivery, without the need to state any reason.
The withdrawal period expires after 14 natural days from the day of product delivery, according to the delivery receipt signed by the transport agency.
To exercise the right of withdrawal, you must, within the period, notify BELMA of your decision by sending an email to hello@belmacraftandart.com. Please provide your name, the product(s) you wish to return, and the order number. BELMA will acknowledge the receipt of your withdrawal as soon as possible.

If 14 days have passed since the communication of your right of withdrawal, and the products have not been received, it will be understood that the user fully accepts the order, and no further claims will be possible.

In case of product damage due to careless handling by the buyer, the buyer is responsible for any loss of value of the product.

10.2Exceptions to the Right of Withdrawal
The right of withdrawal cannot be exercised for products that are not in stock, made to order, customized, including additional units requested by the customer. In these cases, the full price of the product agreed upon in the sales contract must be paid. This provision also does not apply to gift cards.

10.3.Consequences of Withdrawal
In the event of your withdrawal, we will refund all payments received from you, except those incurred for the return of the item(s), no later than within 20 calendar days from the receipt of the products, except for those products for which the right of withdrawal is not possible (Art 10.2).

We will proceed to make the refund using the same payment method employed by you for the initial transaction. However, we will withhold the refund until we have received the products and verified that they are in good condition. The products must be in perfect condition, unopened, unused, in their original packaging, and with all labels and warranties sent with the item(s).

You will be responsible for any decrease in the value of the products resulting from handling and breakage during transport as a result of not using the original packaging. Please note that the package is your responsibility until the merchandise reaches us. We are not responsible for the loss or deterioration of the products during transport. The returned order must be delivered to the address Kabajastraat 86, 1448DV, Purmerend, Netherlands.

The direct costs of returning the goods will be at your expense.

Belma has the right to refuse to accept a returned item or to send it back to you if the item shows damage caused by you or if you do not comply with this reasonable and clear return policy.

10.4Guarantees and Returns
For the purposes of these General Conditions, a return will be understood as one generated by a defect, flaw, or the receipt of an incorrect product; otherwise, no exchanges or returns will be accepted.

10.4.1Warranty:
In the event that you are considered a consumer or end buyer, the contractual warranty offered by BELMA for purchases made on this website is established in accordance with European Regulation 1999/44/CE, which covers non-conformities that manifest in products within two years from delivery.
For these purposes, it will be understood that the products are in conformity with these Conditions when they comply with the description and qualities stated on the Site, are suitable for the uses indicated to them, and present a quality comparable to that of other products of the same or similar characteristics.

This warranty does not cover damage to the Products caused by accidents, misuse and abuse, modification, attempted repair, negligence after purchase, normal wear and tear, and/or failure to comply with the Product care instructions.
BELMA is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.

10.4.2Return:
In the event that, at the time of delivery of the order, it has any defects or you have received a product that does not correspond to the order placed, you must report it on the same day of delivery through our email address hello@belmacraftandart.com.
In these cases, keep the package as you received it and send an attached photo to our email. We will confirm whether it is indeed defective, and we will proceed to exchange the product, if it is possible to replace it, or to refund the amounts paid if it is impossible to replace it, or if you disagree with the delivery times due to lack of stock.

You must return the package in its original packaging. Depending on the condition of the product, BELMA will indicate whether it should be sent as insured fragile merchandise or if a standard service should be hired. Shipping costs will be covered by BELMA.

In any of the above cases, BELMA will withhold the refund amount until we receive the products and, after checking their condition, we will proceed to reimburse the corresponding amount without undue delay and, in any case, no later than 14 calendar days from the receipt of the products. The refund will be made through the same payment method used for the payment.

Products cannot be exchanged if the conditions and deadlines described here are not met.

Furthermore, BELMA assumes the risk of loss, breakage, or damage during transport until the customer takes physical possession of the order and, therefore, ownership. If any piece breaks during transport, you must report it on the same day of delivery and follow the process as if it were a return. Please be sure to notify the transport agency before signing the acceptance of the order, and inform us within 24 hours of delivery. Take photos of the damaged packaging and the unpacking process, as well as of the damages detected on the product, and send them to hello@belmacraftandart.com. Keep all original boxes and packaging materials. Exceptions to the liability for loss or damage during transport are cases where the customer is responsible for arranging the transport and cases where the customer incurs in delay.

For example, if the merchandise has been sent to the transport agency’s pick-up point or similar, and the customer refuses to pick it up.

ARTICLE 11. EXEMPTION AND LIMITATION OF LIABILITY

As part of a continuous improvement process, BELMA will keep all information and services offered on the Site up-to-date, seeking to avoid, to the extent possible, the existence of errors or failures in them, as long as these are due to means, services, or tools over which BELMA has direct control.

BELMA does not guarantee the availability and continuity of the website’s operation. When reasonably possible, BELMA will provide prior notice of interruptions in the website’s operation.

Unless expressly stated otherwise in these Conditions, our liability in relation to any product purchased on this website will be strictly limited to the purchase price of that product.

BELMA cannot be considered responsible in any of the following cases:

1. In the event of non-compliance with their obligations by Creators/Artisans/Artists.
2. In the event that the package is not received or is lost during transportation.
3. For any damage or loss resulting from an attack, virus, or any other harmful or detrimental program that may affect your computer equipment, data, or materials as a result of using this website or downloading content from it or to which it redirects. You will be solely responsible for any damage resulting from the download of any such material.
4. For any loss or damage you suffer due to any reasonable or unavoidable delay in delivery or an error by transportation agents. Any delivery date or time specified by us is only an estimate.
5. You assume all responsibility and risk regarding your use of the site, which is provided “as is.” BELMA disclaims all warranties, conditions, representations, and endorsements of any kind, whether express or implied, regarding the information accessed from or through the site, including, without limitation, all content and materials, functions, and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranty of availability, accuracy, usefulness, or content of information, access, and any warranty of title, non-infringement, merchantability, or fitness for a particular purpose.

BELMA does not guarantee that the site will meet users’ expectations or needs. If the user is not satisfied with the site, their only remedy is to stop using it.

All products available on this Site have been prepared with the utmost care. In no event shall BELMA, its affiliates, or any of its respective directors, employees, or service providers be liable to the user for damages, losses, or causes of direct, indirect, special, incidental, consequential, exemplary, or punitive action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising out of or in any way related to the use of, or inability to use, or performance of the site or the content and materials or functionality on or accessed through the site, including, without limitation, loss of revenue, anticipated profits, loss of business, data, or sales, or any other type of damage, tangible or intangible in nature, even if BELMA or its representative or such individual has been advised of the possibility of such damages.

ARTICLE 12. COMMUNICATIONS

Acceptance of these Terms implies your consent for all types of communications to be conducted electronically (via email and notifications), through the Customer Service and via the website’s contact forms.

ARTÍCLE 13. CUSTOMER SERVICE

For any questions, suggestions, inquiries, or complaints about the website, payments, or orders placed, you can contact us through the email address hello@belmacraftandart.com or via the contact form on the website.

The email message should include your name, the email address associated with BELMA records, the order number included in the order confirmation, and the name of the item. We will respond to your request as soon as possible and, in any case, within one month.

ARTICLE 14. USER COMMENTS, RESPONSES AND OPINIONS

1.If, at our request, you send certain specific responses (e.g., contest entries) or without our request, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), whether online, by email, by mail, or otherwise, you agree that we may, at any time, without restrictions, edit, copy, publish, distribute, translate, and use in any medium any comments you send us.

2.We have no obligation (1) to maintain the confidentiality of the comments; (2) to pay compensation for any comments; or (3) to respond to any comments.

3.We may, but have no obligation to monitor, edit, or remove content that we determine, in our sole discretion, is illegal, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates the intellectual property of any party or these Terms of Service.

4.You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory or illegal material, abusive or obscene material, or any computer virus or other malware that may affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties about the origin of the comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for comments posted by you or a third party.

ARTÍCLE 15. PRIVACY POLICY. DATA PROTECTION. PROTECCIÓN DE DATOS

By using this Site or placing an order, you grant BELMA the right to use your personal information and declare that all information or data provided to us is true and corresponds to reality. The processing of personal data carried out through the Site will be governed by the provisions of the Privacy Policy that can be found on the website.

ARTICLE 16. COOKIE POLICY
The use of data storage and retrieval devices, also known as cookies, will be governed by the provisions of the Cookie Policy that can be found on the Site.

ARTICLE 17. PROPERTY RIGHTS

BELMA is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the Site, and is the licensee or owner of the copyright in the materials and content of the Site, unless otherwise indicated. BELMA’s logos and designs, copyrights, trademarks, and/or other intellectual property rights in such materials are the property of BELMA and may be internationally registered. The user may view, copy, or print pages of the Site for personal, non-commercial purposes only.

ARTICLE 18. FUERZA MAYOR FUERZA MAYOR

Force majeure is understood to mean any failure to fulfill an order that is not attributable to BELMA, including, among others, a situation in which BELMA’s suppliers cannot meet their delivery obligations. BELMA is not obliged to fulfill its obligations to the buyer, and BELMA may suspend its obligations to the buyer during a force majeure incident. In the event of suspension, BELMA and the buyer have the right to terminate the distance contract if the period of non-compliance exceeds two months from the expected delivery date. Additionally, BELMA may offer the buyer the option of a refund if performance remains impossible.

n the event of force majeure, BELMA shall not be liable to the buyer for consequential damages, damages for delays, lost profits, or loss of sales suffered by the buyer. BELMA’s liability for damages is limited, at all times, to the purchase amount that has been paid.

ARTICLE 19. APPLICABLE LAW AND JURISDICTION

These CONDITIONS and any other agreements by which we provide services or products to you are subject to Dutch law. Any dispute related in any way to these Conditions, your visit to the Site, or a purchase, return, or other transaction with BELMA will be governed in all respects by Dutch law and will be submitted exclusively to the court of Amsterdam, the Netherlands, even if the buyer resides abroad.