Online Shop BellaCasa.co
The terms used in the Terms and Conditions mean the following:
1.1 Customer - a natural person, legal entity or organizational unit (not a legal entity), whose special provisions confer the legal capacity to place an Order within the Store.
1.2. Civil Code - Law of April 23, 1964 (Journal of Laws No. 16, item 93, with amendments).
1.3. Terms and Conditions - These Terms and Conditions of define providing services by electronic means within the internet shop www.shop.bellacasa.co
1.4. BellaCasa.co online shop - the website available at: www.shop.bellacasa.co, where the Customer can place Orders.
1.5. Goods - the products presented within the online store.
1.6. Sales Agreement - a contract for the sale of goods as defined by the Civil Code, concluded between BellaCasa and the Customer, using the online store.
1.7. Consumer Rights Act - Law of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
1.8. Act on the provision of electronic services - Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
1.9. Order - statement of the will of the Customer, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and the number of the Goods.
II. General provisions
2.1. The online store, which is located at www.shop.bellacasa.co, hereinafter referred to as e-shop, allows one to make purchases via the Internet.
2.2. The owner and salesman in the e-shop is BellaCasa.co Sp. z o.o. [LLC.] based in Żary 68-200, Żagańska 100 G Street (hereinafter referred to as: the Seller), NIP [VAT identification number]: 9282047499; REGON [Business. ID. no.]: 080384998.
2.3. The Buyer can submit a complaint to BellaCasa.co ul. Żagańska 100 G, 68-200 Żary and the return of goods should take place at: BellaCasa.co ul. Żagańska 100 G, 68-200 Żary.
2.4. The Seller offers the goods displayed in the e-shop and included in a price-list and according to the following rules.
2.5. The Buyer is a natural person, legal entity, or an organizational unit without legal personality who has placed his/her order and has made a fee specified in the price list, has given his consent within the meaning of the Personal Data Protection Act (Uniformed Text-2002, No. 101 Item 926 as amended) to have his/her personal data processed (included in the order form for the purpose of using the e-shop and, possibly, marketing purposes related to its operation).
2.6. A consumer is a natural person who performs a legal transaction with a trader who is not directly related to his or her business or profession.
2.7. The Seller declares that he operates in good faith and in a manner that does not distort or may not distort the market behaviour of the average consumer before the conclusion of the contract, at the time of its conclusion or after its conclusion.
3.1. In order to start using the e-store one has to go through the registration process.
3.2. Registration is made by means of completing and accepting the registration form, made available on one of the e-shop pages.
3.3. It is required to agree to the content of the Terms and to provide personal information marked as mandatory in order to register.
3.4. BellaCasa.co may deprive the customer of the right to use the e-store as well as may restrict access to some, or all, e-store resources with immediate effect in the event of breach of the Terms by the Customer and, in particular,
A) while registering providing of e-store inaccurate or outdated information, misleading or infringing the rights of third parties,
B) infringement of personal rights of third parties, in particular personal rights of other customers of the e-shop,
C) other behaviour that will be considered by BellaCasa.com to be in violation of applicable laws or general internet usage rules or as an attempt to disqualify BellaCasa.co.
3.5. A person who has been denied the right to use the e-store is banned from re-registering without the prior consent of BellaCasa.
3.6. Orders can be made 24 hours a day throughout the year through a shopping system that is an integral part of the e-store.
3.7. An essential condition for concluding the contract and fulfilling the contract is submitting all the data required in the order form.
3.8. It is reserved that the Seller may in the event of an irregularity in the order necessary for the delivery (in particular concerning incorrect submission of personal or contact details), cancel the completion of the order.
3.9. To place an order, the Buyer can make a one-off order without registration or register as the e-shop user. This registration is free. The Seller commits to the protection of personal data in accordance with the Act of 29 August 1997 on the Protection of Personal Data, Unified Text - Journal of Laws of 2002, No. 101, item 926, as amended). At any time the Buyer is entitled the right to inspect his/her personal account details, in particular personal details, to correct them, and to request the personal information not to be used and removed.
3.10. The Seller may contact the Buyer regarding the order placed, in particular to verify the order. This verification will be made prior to the execution of the order. This applies, in particular, to telephone calls or e-mail correspondence with the Buyer to confirm the order. The contact is made at the Seller's expense.
3.11. The Seller informs the Buyer about the ordered item before sending the order.
IV. The procedure for conclusion of the sale agreement
4.1. In order to conclude the sale agreement using the e-shop, please go to the BellaCasa.co website, select the product you want to purchase, follow the technical instructions and information on the website.
4.2. The products are ordered by adding them to the cart.
4.3. During the order - until the "I confirm the purchase" button is pressed - the customer has the opportunity to modify the entered data and to select the product. To do so follow the prompts and information provided on this page. 4.4. After providing all the necessary data, a summary of the order will be displayed.
4.5. In order to send the Order, it is necessary to accept the contents of the Terms and Conditions, provide personal information marked as mandatory and press the "I confirm the purchase" button. The customer is obliged to pay the payment for the order placed.
4.6. Placing the Order by the Customer constitutes a statement of will to conclude the Sales Agreement with BellaCasa.co in accordance with the Terms and Conditions.
V. Price and terms of payment
5.1. The order entails payment, the payment includes the price of the goods and the delivery costs.
5.2. The price of the product stems from the e-shop offer and the content of the order submitted by the Buyer in accordance with the e-shop price list.
5.3. The Buyer has the option to pay for the goods via bank transfer - prepayment or PayPal. When making a transfer, it is absolutely necessary to indicate the order number given in the order confirmation. This is a condition for order completion. In case it is not fulfilled, the Seller will make an attempt to obtain this number from the Buyer. Should the payment be impossible to be identified the amount will be returned to the Buyer's account within 7 (seven) days, and the order will be deemed void and cancelled. Bank account number to be debited: SWIFT: PPABPLPK IBAN: PL70 1600 1462 1888 9834 9000 0001 - maintained by BNP Paribas / Żagań, Poland.
5.4. Available forms of payment: traditional transfer or PayPal.
5.5. In case of necessity to return the funds for the transaction made by the Customer with the payment card, the Seller will make the return to the bank account assigned to the payment card of the customer.
5.6. The price of the goods includes all the fees associated with the introduction of the goods, which means that the offered price is the gross price of the goods provided in PLN. The price does not include delivery costs.
5.7. The receipt is a standard document confirming the purchase. VAT invoice is issued at the request of the Buyer. Please, declare at the time of purchase whether the goods are purchased privately by a private or VAT taxpayer (company) and make a selection of the proof of purchase that will eventually be issued.
5.8. In connection with the amendment of the VAT Act, from 1 July 2019, in the case of issuing a receipt, it will not be possible to issue an invoice for a receipt. For a private person, the purchase receipt is a receipt, while a tax invoice for the taxpayer (company) is issued. After choosing a receipt for a private person, it will not be possible to issue an invoice for the receipt.
5.9. The Seller ceases to be bound by the Buyer's order made in the prepayment system if the payment is not made (payment by bank transfer or card) within 2 days from the date of sending the confirmation email to the indicated account .
VI. Terms of completion and delivery of the order
6.1. The time of order realization starts from the date of acceptance of the bank account or settlement account of the Seller.
6.2. The Buyer is unable to modify order parameters after prior approval.
6.3. The delivery will be made by courier or other shipping company indicated by the Seller.
6.4. The order completion time does not exceed 7 business days unless a different date is specified in the product description or during the order placement. In case of temporary or permanent unavailability of the goods, the Buyer will be informed immediately. If the order consists of products with different delivery dates then the order is sent to the Buyer according to the longest date in the order. After prior agreement with the Seller, it is possible to partially fulfil the order for each product.
6.5. The completion of the order is calculated from the date of payment. When choosing the method of payment by electronic transfer or card payment, the execution time is calculated from the moment of obtaining a positive authorization / recognition of the bank account or the Seller's account. No payment within 2 days for payment by bank transfer, will result in the order being canceled.
6.6. The Seller shall not be liable for any delay in production or for transport resulting from random causes beyond his/her control.
6.7. The purchased goods will be sent to the address submitted by the Buyer in the order form - the place of completion.
6.8. Products delivered by courier are delivered from Monday to Friday, in the hours of the operation of the courier company. In order to determine the delivery details the courier can contact the Buyer by telephone (also text message). We do not guarantee delivery of goods by courier in the time frame specified by the Buyer in the order.
6.9. Courier or other carrier is obliged to unload all shipments from the vehicle. Transportation service is not included in the price of the furniture.
6.10. Should the shipment not be possible to be picked up within the specified period, the Seller may charge additional costs for re-shipping or storing the ordered product.
6.11. The customer may resign from the order only until no logistic work has been started, i.e. until the order has not received the status "Accepted for execution", about which the customer is informed by e-mail.
6.12. In exceptional situations, it is possible to cancel the order after contacting the Seller, but only if the product has not yet been sent. In the case of resignation from the order, when it has already received the status "Accepted for implementation" and the work related to the preparation of goods for shipment have already been carried out, the seller may charge the customer with logistics costs associated with logistics work.
6.13. The customer can not cancel the order if the shipment has been sent and the product is on its way. In the case of not receiving the shipment of a confirmed order, which was sent in accordance with the method of delivery chosen by the Customer, the Seller has the right to charge the Customer with delivery costs in accordance with the carrier's price list.
6.14. Before picking up the parcel from the courier, make sure that the package does not show signs of damage. If the package is damaged, do not accept the delivery and draw a damage report in the presence of the courier and contact the Service Department as soon as possible to clarify the matter. The written damage protocol is the basis for further complaint.
VII. Costs of delivery
7.1. The cost of delivery will be provided for Buyer's acceptance at the stage of ordering.
7.2. Determining the individual cost of delivery may depend on the weight and dimensions of the shipment as well as the distance of the place of delivery and the method of payment. Each time the amount of the fee is available to the Buyer - before the confirmation of the order.
7.3. Payment for the delivery and handling of the payments in the order is on the Buyer, unless the Seller decides to release the Buyer from the necessity to pay such a charge in full or in part - information about the promotional offer will be given to the Buyer before the confirmation of the order.
7.4. The delivery cost is for the deliveries in Poland. The cost of delivery outside Poland will be determined individually with e-shop support.
VIII. Complaints regarding goods
8.1. Buyer's rights under the provisions of this section are independent of the rights conferred by the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014.827).
8.2. Should the Buyer determine qualitative or quantitative defects in the purchased goods he or she should contact the e-shop service to establish how to handle the complaint as soon as possible.
8.3. If you order furniture upholstered with a fabric or furniture with a stone top in the same kind / colour as the furniture you have already purchased, there may be a difference in the shades of the selected fabric or stone structure, which is not the basis for the product claim.
8.4. The complaint protocol can be downloaded from the e-shop HERE. After filling all its fields you must send it back by email. The buyer also has the right to make a written complaint or send an email.
8.5. When returning the goods to the Seller, the Buyer is obliged to secure the goods in such a way that it is not damaged. Shipping Address: BellaCasa.co Sp. z o.o. ul. Żagańska 100 G, 68-200 Żary.
8.6. The Seller, by means of a courier service, will collect the goods from the Buyer at his own expense.
8.7. If the complaint is viewed as founded, the goods will be exchanged for a different, fully valuable pieces, and if it is not possible, the Buyer will be refunded the money. In the case of payment with a payment card, the refund will be made to the payment card account from which the payment was made.
8.8. The Seller will process the complaint within 14 days of receiving it.
8.9. Entitlements due to quality defects expire:
A) after the expiry of the period specified in the warranty card, if such a card was delivered with the goods - information on the duration of the warranty period and a link to the document or subpage on which the warranty information contained in the product card is located.
B) in the case of warranty after two years from the date of the purchase. Eligibility for quantitative flaws should be reported immediately after the parcel is collected, no later than within 7 days of receipt.
8.10. Differences in colour shades of fabric, leather, eco-leather, wood, stone tops that result from different parameters of the monitor or graphic card do not form the basis for filing complaints. The colour of upholstery, granite, quartzite or natural wood can in fact differ from the photo of the product. Granite and marble are natural materials so differences in their colour and texture are not regarded as a fault and are not subject to complaints. In addition, the Seller reserves the possibility of occurrence of structural and colour differences of material coming from different beams and differences between the offered fabric sample and the fabric obtained in the production. These are the differences resulting from the natural fabric dyeing process and are out of the Seller’s control.
8.11. Entitlements due to quantity defects should be reported immediately after delivery, no later than within 7 days of receipt.
8.12. Each product we send is new and undamaged, pre-checked by the manufacturer and then thoroughly before shipment by people preparing the package.
8.13. In the case of a factory defect, the goods not in accordance with the Agreement should be packed securely with full additional equipment, which the customer received at the purchase, or part of it as part of the complaint after consultation with the seller.
The package should be accompanied by the original of the fiscal receipt or a copy of the invoice and the completed complaint form.
8.14. After packing the goods together with completed forms and proof of payment, please inform the seller (by email) so that he can order the carrier in order to collect the defective goods.
8.15. The defects disclosed during the seller's liability period will be removed within 21 days from the positive consideration of the complaint. After the repair, we send the goods at the expense of the seller. If the defect can not be removed, the goods will be exchanged for a new one, and if it is no longer available, the seller will refund the money.
8.16. During the period of the seller's liability for non-compliance of the goods with the complaint, the defects resulting from the incorrect use of the goods by the buyer are not covered.
8.17. Differences in the color of the fabric, leather, eco-leather, wood, stone top, which result from various parameters of the monitor or graphics card do not constitute grounds for reporting complaints. The color of the upholstery may actually differ in color from the picture of the product. In addition, the Seller reserves the possibility of structural and color differences in materials originating from different beams and differences between the offered fabric sampler and the fabric obtained in production. These are differences resulting from the natural dyeing process of fabrics and are independent of the Seller.
8.18. The color of a stone table top or natural wood can actually differ from the picture of the product. Photos are for illustration only.
Granite and marble are natural materials, therefore the differences in their colors and textures are not a disadvantage and are not subject to complaint. Depending on the nature of the stone block from which the stone is cut, there may be differences in the predominant color of the product.
Due to the naturalness, transparency and glossiness of minerals, pictures of granites and marbles will never capture the exact nature of the stone. The difference in color or size of grains gives them this unique and unique character, which results in a difference in shade and intensity of colors.
Natural stone is characterized by high color variability in relation to the applied lighting and arrangement. The same stone can definitely differ when we light it with warm, cold or daylight. Even the vertical vs horizontal arrangement can visually change the shade of the stone.
Granite and marble have a crystalline structure, which means that tiny holes can be found on their surface. These are the spaces between the crystals of various minerals. These stones may also have natural scratches, microcracks or discoloration on their surface. This is not a defect in the material, but only a proof of the authenticity of origin and the natural effect of one species of stone.
8.19. The dimensions of the products provided in the e-shop may differ from the actual size by +/- 2%, which results from technological processes.
8.20. Due to the manual profiling, polishing and shaping of steel, there may be non-linear differences in the shape of the form of individual elements and parts of the furniture. Gentle joints, cavities are the result of a manual steel processing process and its inevitable element. Manual processing is characterized by the uniqueness of each piece of furniture.
8.21. During the period of the seller's liability for non-compliance of the goods with the complaint, the defects resulting from the incorrect use of the goods by the buyer are not covered.
IX. Complaints regarding the provision of services by electronic means
9.1. BellaCasa.co takes steps to ensure that the e-shop is fully operational to the extent that it is based on current technical knowledge and remove, within a reasonable time, any irregularities reported by the Customer.
9.2. The customer is obliged to inform BellaCasa about any irregularities or breaks in the functioning of the e-shop immediately.
9.3. The Customer may report any irregularities in the functioning of the e-shop in writing to the address: BellaCasa.co, ul. Żagańska 100G, 68-200 Żary, by e-mail: firstname.lastname@example.org or using the contact form.
9.4. When submitting a complaint, the customer should provide his / her name, mailing address, type and date of irregularities related to the functioning of the e-shop.
9.5. BellaCasa.co processes any complaint within 14 (fourteen) days, and if that is not possible, informs the Customer during this period when the complaint will be processed.
X. Buyer - Consumer’s Rights
Termination and the return of goods
10.1. According to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2016.227) he Buyer may waive the agreement concluded with the Seller, without giving reasons within 14 (fourteen) days of the date of receipt of the consignment. It is enough to send a statement before the expiry of the deadline (does not apply to the products specified in point 10.3).
10.2. Should the Buyer wish to withdraw from the contract and return the goods, he/she may contact the e-shop service to determine the way of returning the goods.
10.3. The Buyer does not have the right to withdraw from the contract when ordering an unprocessed product manufactured according to the specifications provided by the Consumer or the product satisfying his/her individual needs, in particular a product with customised characteristics such as colour or type of material the product is made from. All products made and ordered at the Buyer's request (customised) are not subject to reimbursement and the Buyer shall not have the right to withdraw from the Contract.
10.4. In the case of resignation from the order of the goods unconverted by the Buyer within 2 days from the date of the advanced payment, it shall be fully refunded. In the case of cancellation of the order by the Buyer after 2 days from the date of the advanced payment, it is not recoverable.
10.5. The Buyer is obliged to return the item to the Seller or transfer it to a person authorized by the e-shop immediately, but no later than 14 days from the day he renounced the contract. In order to keep the deadline it is enough to ship the item before it expires.
10.6. The consumer bears the responsibility for reducing the value of the item due to its use beyond the necessity of determining the character, features and its functioning.
10.7. Money will be refunded within 14 (fourteen) days from the date when the consumer's withdrawal notice is received. The Seller waives the refund of the payment received from the Consumer until the item is returned.
10.8. The Seller makes a refund using the same method of payment used by the Buyer, unless the Buyer expressly agrees to another way of reimbursement, which does not expose him/her to any additional costs.
10.9. Should it be necessary to return the funds for the transaction made by the customer with the payment card, the Seller will return the funds to the bank account assigned to the payment card of the Buyer.
10.10. The Buyer may withdraw from the contract by providing the Seller with a statement of withdrawal.
10.11. The Buyer can return the item via courier and the delivery fee is covered by the Buyer. The Buyer only covers the direct cost of returning the item. Due to the size and the weight of goods, the withdrawal from the contract may result in higher costs than the regular postage.
10.12. The Buyer is obliged to secure the returned goods in such a way that they are not damaged. Shipping Address: BellaCasa.co ul. Żagańska 100 G, 68 -200 Żary.
10.13. Cash on delivery shipments sent to the Seller's address are not received.
10.14. Withdraw from the contract may be downloaded HERE.
XI. Confidentiality of personal data
XII. Intellectual property law
12.1. All contents of e-shop websites (illustrations, text, names, brands, photos, videos) are owned by the Seller. Any partial or complete reproduction of the content in any way and on any medium requires the Seller's prior and explicit consent.
12.2. All information, software and contents are protected by intellectual property law and copyright. Seller may grant the right to copy, display or distribute all the contents of the site. Any unlawful use of this content by third parties may be subject to the proceedings stated in the law.
XIII. Final Provisions
13.1. The Seller who is unable to fulfil the obligation due to, even a temporary, inability to carry out the contract regarding the properties of the items ordered by the Buyer, may waive his obligation by fulfilling a substitute equivalent of the same quality and purpose and at the same price or remuneration, informing the Buyer in writing about his or her right not to accept this benefit and to withdraw from the contract, resulting in the return of the item to the Seller.
13.2. Seller reserves the right to change prices and quantity of goods in the e-shop during the day, withdraw individual products from the offer and introduce new goods. Price changes, parameters, delivery conditions, etc. do not apply to orders made and already confirmed.
13.3. The Polish law is applicable, including, in particular, the Civil Code, and the Consumer Rights Act of 30 May 2014 (Dz.U.2014.827) with regard to consumer contracts .
13.4. The parties may pursue their claims in court proceedings, mediation proceedings or arbitration courts they agreed to.