Terms of service

Terms and Conditions

Article 1 – Definitions

In these conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organised system for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the time at which the agreement is concluded;
  • Means of distance communication: any means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same place at the same time;
  • Terms and Conditions: these general Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Email address: info@belle-verve.com
  • Chamber of Commerce number: (Available Upon Request)
  • VAT Number: (Available Upon Request)

Shop details
TO BE COMPLETED

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or voided, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.

Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity or is made under certain conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent errors or obvious mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:

  • the price, excluding customs and import VAT. These additional costs will be at the customer's expense and risk. The postal or courier service will use the special arrangement for postal and courier services regarding the importation. This arrangement applies when the goods are imported into the EU destination country, which is the case here. The postal or courier service will collect the VAT (together with any customs charges) from the recipient of the goods;
  • any shipping costs;
  • the method by which the agreement will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the agreement;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the basic tariff for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check the information provided by them under the agreement and, if desired, correct it;
  • any other languages in which, in addition to English, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has committed themselves and the way the consumer can consult these codes electronically;
  • the minimum duration of the distance contract in the event of a continuing performance contract.

Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to the implementation.

The entrepreneur will provide the consumer with the following information, either in writing or in such a way that the consumer can store it on a durable data carrier, along with the product or service:

  • the business address of the entrepreneur's establishment where the consumer can go with complaints;
  • the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about guarantees and existing after-sales services;
  • the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period starts on the day after the consumer, or a third party designated by the consumer and notified to the entrepreneur, has received the product.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do this via written communication (e.g., by email to support@sagabrisbane.com). After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by means of proof of shipment.

If, after the expiry of the terms mentioned in paragraphs 2 and 3, the consumer has not expressed their wish to exercise the right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition for the refund is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer or, at least, in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that spoil or age quickly;
  • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for single newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal;
  • for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • relating to betting and lotteries.

Article 9 – The Price

During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices are included in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

Delivery takes place outside the EU, and as a result, customs VAT and clearance fees will be charged by the postal or courier service to the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur's instructions and/or have been treated on the packaging;
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest, upon delivery, it will be stated clearly and understandably that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements referred to in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least in the same way as they were entered into by the consumer;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that provides for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.

In deviation from the previous paragraph, a fixed-term agreement that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of up to three months if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement that provides for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement to regularly deliver daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and ends automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 has started. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has an obligation to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge the consumer any reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Australian law, even if the consumer resides abroad.