Terms & Conditions

The Company: BELAMO (name & Logo owned by FLANDERS OUTDOOR LIVING, LLC)

The Customer: Any person visiting our website with or without purchasing goods that leaves information for us to proces or use for reasons of marketing, statistics or communication.

Partners: Companies & Service providers who are providing information, services or goods that we believe to be useful, necessary or interesting to our customers.

BELAMO: Flanders Outdoor Living, LLC also referred to as “The Company”.

Personal Information: all information that makes it able to identify you, this includes but is not limited to: name, e-mail address, phone number.

Automatically Provided information: all information that is provided in an automatic way such as (but not limited to) used device information, length of visit, specific clicks on pictures, browser info, IP-address,…

Direct partners: Any company that BELAMO has a professional relationship with, either on paper or not. The purpose of this collaboration is to help customers with services that are not directly offered by BELAMO. The customer has the right to ask who the partners referred to are.

The term is used in the following context: BELAMO does not sell, trade or disclose your Personal Information to third parties except when the third party is a partner of BELAMO.

It is the sole responsibility of the customer to carefully read and understand BELAMO’s Terms and Conditions. If some terms are not clear to the customer or can be interpreted in different ways, it is the customer responsibility to notify The Company by e-mail ([email protected]) and the customer can expect a reply or explanation within 7 working days.

The Companies website for the Florida market is a web-store. The goal of the web-store is to provide the customer photographs, measurements, fabrics information, secure payment methods, offers, & all general conditions that are applicable with any purchase. All information given to the customer is a free service. Customers have the possibility to ask questions by e-mail or chat regarding Products and Services.

The original color of any item may be different than seen by the customer on the computer screen of the Customer. This difference in color is possibly due to computer settings or screen settings. The customer does not have the right to cancel his/her order upon delivery due to a misinterpretation of the color. The customer takes full responsibility when item colors are different in real life than seen on screen. The company does everything in its power to provide the most accurate information and the best quality in pictures to give the customer a realistic idea of all goods looks and characteristics.

The Companies website for the Florida market is a web-store. The goal of the web-store is to provide the customer photographs, measurements, fabrics information, secure payment methods, offers, & all general conditions that are applicable with any purchase. All information given to the customer is a free service. Customers have the possibility to ask questions by e-mail or chat regarding Products and Services.

The original color of any item may be different than seen by the customer on the computer screen of the Customer. This difference in color is possibly due to computer settings or screen settings. The customer does not have the right to cancel his/her order upon delivery due to a misinterpretation of the color. The customer takes full responsibility when item colors are different in real life than seen on screen. The company does everything in its power to provide the most accurate information and the best quality in pictures to give the customer a realistic idea of all goods looks and characteristics.

All prices on the Companies’ web-store are in US Dollars. Prices do not include sales tax and delivery fee. Tax & Fees are calculated at check-out. Prices in the web-store may vary due to promotions or sale. Every price change will be visible on the web-store for every specific item discounted.

The Customer has the right to cancel his contract up to 24 hours after ordering. However this implies that 10% of the deposit will be withheld as an administrative cost. In such case, the deposit reduced by the administrative cost will be refunded to the Customer as soon as the cancellation is processed by The Company. Any cancellation must be sent to The Company by e-mail within the 24 hours period mentioned. ([email protected])

The customer will be notified by the Company once the ordered goods are ready for delivery. In such case, the Customer will receive a suggested delivery date. The customer has the obligation to notify the Company if the date suggested is or is not suitable for him/her. In case it is not suitable, the customer must provide the Company with an alternative date that is within a time range of 2 weeks from the suggested date.

Estimated delivery date

About when the day comes. At the time of the order, the customer shall receive a suggested delivery date. However, the suggested date is only an estimated date depending on availability. Any anomaly in delivery time due to unexpected circumstances in manufacturing and shipping will be notified to the Customer as soon as possible. The Company cannot be held liable for late delivery if the delay is due to force majeure. However, if the delivery date is set back more than 30 days we offer the Customer a full refund or suggest an alternative product in the same price range with a faster delivery time.

The company shall not be liable to Customer for any damages as a result of any delivery delays.

Preparing your delivery

About before the day comes. The Customer is responsible for all measurements to ensure goods will fit its intended place and fit through all access points to secure the delivery on the intended place. Therefore, the company has mentioned all measurements of goods on its web-store. In case the customer does not find the measurements of a particular item, it is the customer’s responsibility to contact the Company, asking for measurements prior placing an order.

In case the delivery cannot be executed because the place is not accessible or the customer wants to cancel because he/she assumes the goods do not fit the intended place, the customer is liable for not measuring the intended place in advance. As a result, goods will be left in a place that is accessible and the responsibility lies with the customer to find a solution. the customer who cancels the delivery and the purchase, can be partially refunded limiting the refund to a maximum of 70% of the purchase price.

All pets must be restrained during all deliveries.

Receiving your delivery

About when the day comes. It is the responsibility of the customer to make sure a legally competent adult is present upon delivery who has the legal autority to sign the delivery sheet. The Customer hereby declares that the person, 18 years or older, present upon delivery, signing any agreement or delivery contract offered by the Company is the customer’s responsibility and has the power to sign in the name of the Customer. In case no person is present on the date of delivery, or the person present does not have the legal power to sign, or does not have the intention to sign, the delivery will be cancelled and all extra costs for transportation from and to the customer will be charged in full. (Logistic, Administrative and applicable handling fees.)

About a Change of heart. The customer has the right to return non-discounted items up to 365 days after purchase. To request a refund, the customer must inform the company. The goods must be in mint condition to be applicable for any refunds. The customer agrees that all logistical costs to pick up the refundable goods are compensated by him/her.

All items purchased that were discounted or on sale are not eligible for refunds and do not apply to any refund policy.

About making sure. All items purchased from the Company are guaranteed free of any imperfections or defects in any way, for a warranty period starting from the delivery date:

• 3 years (for furniture)
• 5 years (for Topiary)
• 5 years (for Sunbrella fabric)
• 6 months (for outdoor Lamps and speakers)

This warranty only applies to the buyer who’s name is mentioned on the invoice. The customer loses the warranty in case the goods, purchased from the company are or have been used for commercial purposes. At the moment of delivery, it is the customer’s full and only responsibility to notify the Company for any visible damage or defects at time of delivery. In such case, the company will take note of the claim and propose repair or replacement of the damaged good(s).

The warranty only covers normal wear and the company shall not refund or return any purchased goods that have been alterated, damaged, abused or misused in any way. Any damage to the goods due to exposure to extreme weather conditions such as, but not limited to: Storms, Hurricanes, Lightning impact, Tornadoes,… is not covered in the warranty.

Any light discoloration of fabrics and materials due to sun exposure is possible over time and is not covered by warranty. The customer declares to be informed that teak wood is a natural material that might turn grey if not treated with specialized teak wood maintenance products due to the natural proces.

About you, the information we send and the information we collect. This policy is the basis on which any personal data we collect from you, or that you provide to the Company, will be processed by the Company. Please read the following to understand the vision of the Company regarding the correct use and treating of data.

In such case that the law changes or has changed and as a result, the privacy policy may needs to be at any time, the Company will adapt its policy when informed and shall only follow the applicable Law and adjust the Privacy policy to meet the law’s requirements.

The customer agrees that following information is collected by the Company:

The terms on which The Company uses, processes or discloses personal information has following purposes:

• payment processing;
• send (e-) mail regarding orders;
• send (e-) mail regarding any promotional marketing material from The Company or its Partners;
• use for deliveries;
• saving info for possible future rewards programs;
• making lists of customers for statistics to be used in charts, maps, and other useful tools to get a clear view on sales, regions, ages,…
• analyzing, customizing, and adjusting or adjust and improve the Service to better meet customers’ needs;
• Marketing Purposes

NOTICE: If you do not want us to share your Personal Information with third parties for marketing purposes, please send us an e-mail notifying us ([email protected]). After processing your request, we will no longer share personal info with any third party for marketing purposes. organizing contests, sweepstakes and promotions for Customers;

• communicate any Changes in Terms & Conditions and other changes that The Company determines to be important for the Customer.;
• act in the event of fraud or Prevent fraud and other prohibited or illegal activities;
• comply with potential requests of law enforcement or data protection agencies;
• combine personal information with all other information that can be useful to create a correct profile of our customers and his/her needs.

The customer consents that The Company may use de-identified (meaning: to remove details from information that make it possible to recognize which particular person the information is connected with) personal information and other information that was retrieved in a correct and lawful manner to use it for data about our users without sharing any specific personal information. As a result, these third parties described as non-partners, will not have the ability to identify, contact or locate The Customer.

All the following services that are performed by third parties such as (but not limited to) deliveries, repairs, customization on location, designing, postal services, e-mail marketing, advertising, financial services & transactions,… are considered to be Partners of BELAMO. The forgoing provide necessary services for The Company to meet customers’ agreements, feedback, information or satisfaction.

Reviews and Fora

If The Company gives you the opportunity to write a review on our website or a linked Forum, the Customer knows and agrees that the information he provides is public. This means that the information may be read, collected and used by others who access this part of our website or forum. The company takes no responsibility for third parties using this material.

Inviting Others

On our website we give The Customer the opportunity to refer other people to our website using their e-mail address. This is considered a Service. Here-fore, the Customer provides The Company the full name & e-mail addres of the person referred to. Please note that this can only be done when The Customer provides us his/her own e-mail address. The Customer also declares that he/she has all necessary consent from the person he/she wants to invite to the BELAMO website. The Customer explains our Privacy Policy to this third party and when he does not agree with one or more policies, he will not invite him or share any information with The Company regarding this person. This inviting-service will have as a result that the referred person will receive an e-mail from BELAMO with a direct link to our website “store”. This person will be asked in our e-mail if he/she wants free subscription in our e-mail listing system.

Currently there are no written advantages for the customer to refer people. It is a way for the Customer to share his/her enthusiasm to others from who he/she believes to share this interest. The Company will however show its gratitude to anyone referring new purchasing Customers to our website. You may choose to invite someone else to use the Service by providing his or her name and email address.

Retention of Personal Information

The company retains Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Modifying or Deleting Your Personal Information

For modifying or deleting your Personal Information, please contact us by e-mail ([email protected]) giving clear instructions about what you would like modified or deleted. Our goal is to respond to your request as soon as possible.

The terms on wich The Company uses, processes or discloses personal information has following purposes:

• payment processing;
• send (e-) mail regarding orders;
• send (e-) mail regarding any promotional marketing material from The Company or its Partners;
• use for deliveries;
• saving info for possible future rewards programs;
• making lists of customers for statistics to be used in charts, maps, and other usefull tools to get a clear view on sales, regions, ages,…
• analyzing, customizing, and adjusting or adjust and improve the Service to better meet customers’ needs;
• Marketing Purposes

NOTICE: If you do not want us to share your Personal Information with third parties for marketing purposes, please send us an e-mail notifying us ([email protected]). After processing your request, we will no longer share personal info with any third party for marketing purposes. organizing contests, sweepstakes and promotions for Customers;

• communicate any Changes in Terms & Conditions and other changes that The Company determines to be important for the Customer.;
• act in the event of fraud or Prevent fraud and other prohibited or illegal activities;
• comply with potential requests of law enforcement or data protection agencies;
• combine personal information with all other information that can be usefull to create a correct profile of our customers and his/her needs;

The customer consents that The Company may use de-identified (to remove details from information that make it possible to recognize which particular person the information is connected with) personal information and other information that was retreived in a correct and lawfull manner to use it for data about our users without sharing any specific personal information. As a result, these third parties described as non-partners, will not have the ability to identify, contact or locate The Customer.

All the following services that are performed by third parties such as (but not limited to) deliveries, repairs, customization on location, designing, postal services, e-mail marketing, advertising, financial services & transactions,… are considered to be Partners of BELAMO. The forgoing provide necessary services for The Company to meet customers’ agreements, feedback, information or satisfaction.

Reviews and Fora

If The Company gives you the opportunity to write a review on our website or a linked Forum, the Customer knows and agrees that the information he provides is public. This means that the information may be read, collected and used by others who access this part of our website or forum. The company takes no responsability for third parties using this material.

Inviting Others

On our website we give The Customer the opportunity to refer other people to our website using their e-mail address. This is considered a Service. Herefore, the Customer provides The Company the full name & e-mail addres of the person referred to. Please note that this can only be done when The Customer provides us his/her own e-mail address. The Customer also declares that he/she has all necessary consent from the person he/she wants to invite to the BELAMO website. The Customer explains our Privacy Policy to this third party and when he does not agree with one or more policies, he will not invite him or share any information with The Company regarding this person. This inviting service will have as a result that the refered person will receive an e-mail from BELAMO with a direct link to our website “store”. This person will be asked in our e-mail if he/she wants free subscription in our e-mail listing system.

Currently there are no written advantages for the customer to refer people. It is a way for the Customer to share his/her enthousiasm to others from who he/she believes to share this interest. The Company will however show its gratitude to anyone referring new purchasing Customers to our website. You may choose to invite someone else to use the Service by providing his or her name and email address.

Retention of Personal Information

The company retains Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law.

Modifying or Deleting Your Personal Information

For modifying or deleting your Personal Information, please contact us by e-mail ([email protected]) giving clear instructions about what you would like modified or deleted. Our goal is to respond to your request as soon as possible.

Personal information

About names, addresses and other private info. All personal information the customer shares with us, is stored in one or more databases. We store this information to be able to process current and future deliveries, present and future surveys and deliver service at any time to our customers. The service needed determines which personal information is used by the company. The customer agrees that the choosing of the information for each service is the right of BELAMO. All information provided to BELAMO is the choice of the customer. Choosing not to provide all information that we require in order to complete certain services may have as result that customer is unable to use or take advantage of these services, such as (but not limited to) delivery, promotion codes, news, etc…

Automatically Provided Information

About information from providers. All customers agree that automatically provided information can be used for marketing-, sales-, promo-, and other purposes within the company BELAMO or its direct partners. The API we may automatically collect is identifier and other technical information, such as browser info, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service (“Online Information”).

Policy Updates

About changes to our policies. Please note that this Privacy Policy may be updated at any time in the future. The last version is always the version that is available on www.belamo-design.com. It is the responsibility of the customer to ask for our prior version in case the version has changed between the customers question/purchase/warranty and the current date.

About us giving you the link to other websites. The company provides links to other website on the web-store. However, The Company takes no responsibility for the content of texts, images, videos, etc… in any way on any of these or other websites. All explanations regarding materials, fabrics, products, maintenance, warranties, guarantees, usage or wear on these websites are solely information given by these websites and cannot in any way change or influence any of the general conditions agreed to by The Customer and The Company.

About names & texts. The company name BELAMO and Logo are trademark protected. Trademark for name and logos application were filed and are pending at the Department of Commerce’s United States patent & Trademark office, USPTO.gov. Any unlawful use or misuse of the company name and logo is protected by law and will be prosecuted.

Copyright laws are applicable for all texts on www.belamo-design.com.

About what & where. The jurisdiction of these Terms & Conditions apply to the State of Florida. By using any service from BELAMO, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida without regard to principes of conflict of law, will govern the Terms & Conditions of BELAMO and a dispute in any form that may arise between you and BELAMO. All arbitration proceedings shall take place in the city of Orlando, Florida.

About our Agreement Updates. Please note that this Agreement may be updated at any time in the future. The applicable version for new customers is always the version that is available on www.belamo-design.com. However when the agreement changes, The Company will send all customers the newest version of the agreement by e-mail. In case the Customer did not receive the mailing with new General Conditions, it is the sole responsibility of the customer to agree with the new General Conditions before any new purchase. The customer can, at anytime, ask for our prior version in case the version has changed between the applicable time in such case, the customers question and the current date.