General Terms and conditions

These General Terms and Conditions are an integral and supplementary part of an order placed with Beliani (DE) GmbH with Org Number CHE115695894 based in Baar (Switzerland), for orders placed via the Internet or by telephone.

Offers

Unless otherwise agreed, the items will be delivered according to the illustrated sample or model and its description. Deviations in color, structure, workmanship, dimensions, design and details are reserved. Reserved are further incorrect information due to technical defects in our shop system or false information from our suppliers.

Territorial Validity of our Offers and Prices

All prices are strictly net and include value-added tax in the case of delivery prices and shipping charges. Our offers are valid in the Czech republic. For electronic appliances, an adapter is included in all prices. The indicated delivery prices and shipping charges shall not apply to any orders with delivery addresses at remote locations. For such orders, please inquire about our conditions of shipment or delivery. We shall be happy to make you a favourable offer.

Vouchers and Promotional Campaign

If not otherwise specified, a voucher is only redeemable in our shop at beliani.cz for products and does not apply to any services. Vouchers can only be used for one order and cannot be exchanged for cash/gift cards or used in conjunction with any other voucher or promotional code. The remaining value of not-redeemed vouchers is not refundable and cannot be converted into cash. Vouchers cannot be used against previous orders and are only valid for promotional offers while stock last.

Newsletter

You are automatically subscribed to our newsletter when making a purchase. You can unsubscribe from this at any time via the homepage or via the link located at the bottom of the newsletter. Alternatively, you can contact our Customer service for support.

Payment Methods: International bank transfer

Payment is made via international bank transfer. All the details will be shown after placing the order and sent to your e-mail address. You will be informed once the payment has been booked. This type of payment is not free of charge. Please contact your bank representative for more information.

Payment Methods: Credit card

We accept the following credit card in our shop: VISA, Mastercard®, Dinners, American Express and Maestro®. In the case of cancellation of the order, the whole amount of the order will be returned. A bank issuing a credit card may alternatively demand additional payments for foreign transfers, which shall not be covered by us.

Payment Methods: PayPal

We accept PayPal payments. Additional charge will be added to the order. In the case of cancellation of the order the whole amount of the order will returned.

PayPal is a safe form of payment for your on-line shopping. You provide the information about the payment (the bank account or credit card) only once on your PayPal account. Payments are immediately recognized and acknowledged so that you can expect the goods even earlier than usual. This form of payment is very safe because confidential data on bank accounts or credit cards will not be sent to the seller. Thanks to the protection of a buyer in PayPal, you will receive a refund if the item was not sent or looks completely different than described.

Payment Methods: Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the immediate bank transfer payment option. Payment is made to Klarna. Further information and Klarna's user terms can be found here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement. To contact Klarna's Customer Service, please go here.

Payment Methods: Payment on delivery (cash on delivery)

If you choose cash on delivery, we add an additional fee to the invoice. Our couriers accept payments in cash and credit cards.

Delivery

We deliver our goods within the specified delivery times according to the item description on our website with the exception of unexpected circumstances we cannot be held responsible for. There is no right to compensation in the event of delay of delivery as well as not delivering the goods within set delivery dates. If you have ordered no additional service, such as Home Delivery or Assembly, delivery is only up to the curbside, maximum to where the forwarder can come with his vehicle. Deliveries on islands, in traffic-free zones or in non-truck-capable roads are upon request and might come with a surcharge. Deadlines and time frames provided refer to working days, not calendar days.

Certain products are shipped from the manufacturer to the consumer with a disposable pallet for one-time transportation. The disposable pallet is part of the consignment and must be disposed of by the consignee at their own expense together with the carton and other packaging material, unless otherwise agreed. Shipping companies only take reusable pallets.

If a customer wishes to postpone the delivery date after the goods have already been sent to the local depot, additional storage fees may apply.

If the Customer wishes that the ordered goods are still delivered and stored in their absence, this will be honoured at the Customer’s risk and eventual additional costs might be charged to the customer. In case of loss or damage of this unacknowledged shipment (s), the Customer will not make claims of any kind against either the delivery company nor the Seller. The Customer is aware that a claim of the sender for the payment of the consignments delivered in this form remains in place and valid in case of loss or damage. The revocation of this agreement must be made in writing immediately. If the service of Home Delivery, Assembly or Disposal has been booked and the order is not cancelled prior to 1 day of shipment, the full cost of those services will be charged to the Customer.

Shipping conditions

1. In most cases, the Buyer will be contacted by the shipping company to agree on the delivery date. For shipments that are advised, the recipient is obliged to be on site at the agreed time. In the absence of the recipient, the Customer accepts the cost of re-delivery, or collection of the goods, depending on the country, after the return request.

2. Alternatively, the consignee may also instruct the delivery of the furniture to a neighbour or to deposit it in front of the entrance without a signature. For this a written storage authorization is required, in advance by e-mail or to be communicated during a phone call to Customer Service.

3. Upon delivery, in the event that the packaging shows damage, the recipient should check all items for any damage with the driver. If the driver does not agree to stay, we recommend refusing to accept the shipment and the Buyer needs to notify us immediately.

4. If the recipient decides to accept the damaged consignment, this must be reported to the deliverer and the recipient has to have the damage acknowledged or confirmed in writing on the scanner (please specify the damage). Transportation damage, which was not recorded by the deliverer at the Customer’s request upon acceptance of the goods, will not be accepted as a valid claim. Any claims of the Buyer in this regard will be rejected.

Property and retention of title

The purchase agreement between the Seller and you as a Customer comes into existence at the time and day on which you have accepted the terms and conditions on our website and have placed an order. As a Customer, you accept as evidence the logged content of our website. You will receive an e-mail with your order confirmation as confirmation of the purchase and with information regarding your billing and delivery address and contact details. The presentation of the products on the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the button "Send order" you submit a non-binding order of the goods you have chosen and put it into the shopping cart. The confirmation of the receipt of your order is made together with the acceptance of the order immediately after placing it by automated e-mails. With this e-mail confirmation, the purchase contract comes to existence. The property of the goods is transferred to the Buyer upon delivery of the goods ordered. Until full payment of the purchase price is received, the goods remain the property of the Seller. The latter is entitled, at the expense of the Buyer, to arrange for entry in the register of retention of title, if it considers its claim to be in jeopardy.

We save the contract text and send you the order data by e-mail. The terms and conditions can be viewed at any time on the website of the Seller. Past orders can be viewed in your Customer account.

The Seller reserves the ownership of the purchased item(s) until full payment of the invoice amount. Should you be an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the ownership of the object of sale until the settlement of all outstanding claims arising from the business relationship with the purchaser. The corresponding security rights are transferable to third parties.

You are only entitled to set-off if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

If the Customer has any payment obligations, all existing claims will become due immediately.

Guarantee general products

Our products have a 2-year warranty. The guarantee period commences on the day of delivery. Any complaints shall be made as soon as possible after the receipt of the goods. Any defects emerging at a later date, i.e. during the warranty period, shall be reported immediately after their discovery. Complete information about the damage, including evidence, must be collected and presented to the Seller by the Buyer within 7 days of reporting the issue.

To claim the warranty the Buyer is obligated to show the sales document.

Customers can lodge complaints about their products and orders. These can be addressed by contacting the seller's customer support. Alternatively, customers can create complaint tickets using the My Orders function, located in the My Account section of the website.

All products offered by us are for non-commercial use. Complaints regarding goods used for commercial purposes may be refused by the manufacturer if the defects are caused by intensive use.

In addition, the colors shown in the photos may differ slightly from the actual color due to display of different electronic devices. We do our best to present the products on our website as realistically as possible. The dimensions of certain products may also be slightly different from those on our homepage. The error range is +/- 5 cm.

Any damage resulting from wear and tear, ageing, failure to follow the instructions for use and installation, and improper handling of the product, as well as minor damage, are excluded from the guarantee. After the guarantee period, the Seller can offer replacement parts for a discounted price. Minor damage are defects that are not obvious to the naked eye and in diffused light conditions from a distance of 3 meters perpendicular to the point of damage. In case of minor damage claims against the Seller are invalid.

The guarantee expires if the goods have been processed or altered despite recognizable defects. In guarantee cases, the decision lies with the Seller, whether the damaged or defective part is replaced free of charge or whether a partial refund/price reduction is granted. The Seller should find an appropriate solution which is reasonable for both parties.

The Seller is not liable for damage caused by mistakes/actions of third parties, as well as for an unjustified refusal to accept the goods. In such a situation, the costs associated with the return and re-delivery of the goods are borne by the Buyer.

All additional logistics services, apart from the method of payment (home delivery, assembly etc.) are excluded from the refund. In the case of technical products or built-in appliances, the Buyer must identify the defective part themselves at their own expense or ask a qualified technician to remove the part and send it to the Seller.

The costs related to the diagnosis of the defect and the replacement of parts shall be covered by the customer. Warranty is a parts only warranty unless otherwise stated. Any installation costs to correct any issues will not be covered by the seller. For warranty claims or damage reports, we will require photographic or electronic media evidence of the damage or proof to confirm the report of issues.

Guarantee of mattresses

We give our Customers 2 years guarantee on our mattresses. The guarantee covers all damage resulting from a defect in the material due to poor workmanship. The guarantee applies to the following damage kinds:

• Springs in spring mattresses
• Foam core in foam core mattresses
• Latex core in latex mattresses
• Electric motor in electrically operated beds

Excluded from the guarantee are mattress covers and toppers. Excluded from the guarantee are also defects that have arisen due to improper use. After delivery, cuts, cracks, nicks, scratches and dirt caused by the Customer are not going to be regarded as a valid claim and are excluded from the guarantee. The guarantee therefore does not cover damage caused by incorrect installation, handling or care. This guarantee does not cover incidental or consequential damage. Also excluded is a guarantee claim, provided that work on the article was carried out by unauthorized persons or processed on the article parts of foreign origin. Zippers, handles and loops on the covers are also excluded from the guarantee.

The guarantee is only valid for private and home use. Mold growth is excluded from the guarantee. The repair or replacement of the rejected product does not trigger a new guarantee period. The guarantee is only valid on the condition that the mattress has been lying on a functional and suitable slatted frame from the beginning. The frame should have at least 26 bars for cold foam, pocket spring and latex mattresses. The Customer must send the mattress back to our warehouse at their expense for the assessment of our experts. The Seller decides at their discretion whether to replace the mattress. If the product is no longer in stock/ on offer, the Seller decides what is considered a reasonable replacement of the product.

Transportation damage

The Customer is obliged to immediately check the received goods for correctness, completeness and integrity. Damage to the received goods must be reported as soon as possible, at the latest of 24 hours after the delivery, to the transporting company and the Seller in writing (e-mail) or by telephone. In case of complaints, all parts of the original packaging must be kept. These may only be disposed of with the written consent of the transportation company or the Seller. The Customer can optionally include an additional transportation guarantee when processing the order. This guarantee covers the damage actually incurred during transportation. The Customer has the exclusive right to repair, replacement or compensation for the damage. The decision on repair, replacement or compensation lies exclusively with the Seller. According to our instructions, the Customer should check the condition of the packaging as well as the delivered products upon delivery: all damage must be certified by the delivery agent on the delivery note or in the proof of delivery. By purchasing the transport guarantee, the Customer is released from the immediate documentation of damage on delivery. The transport guarantee extends the 24-hour period to check the goods after delivery and to document hidden damage, up to 72 hours. Purchase of additional transportation guarantee after the delivery or after shipping is not possible. For returns, the cost of the transportation guarantee will not be refunded. Repairs already directly ordered by the Customer, which were not reported to the Seller, cannot be later submitted as a part of the claim through the transportation guarantee. The buyer should dispose of damaged items at his own expense, in agreement with the seller.

In the event that a product is received with transportation damage not documented by the customer and confirmed by the shipping company (in Proof Of Delivery), we reserve the right to charge the customer for return shipment costs.

Necessary attachments in case of complaints and transportation damage.

Short and precise description of the problem and detailed description of the damage with pictures of the affected areas/defects (meaningful detail photos), photos of the complete product and photos of the packaging in which the products were delivered (damage to the box and the photo of the print where the part number and order number is visible).

In case of transportation damage - a copy of the proof of delivery stating the condition of the goods upon the delivery, with the signature of the delivery agent. Alternatively, if the driver has acknowledged the damage on an electronic device, a confirmation that the shipment has been acknowledged as damaged.

Information about expectations of the Buyer, e.g. Repair, replacement of product, price reduction or return and full refund.

Until the complaint is resolved, please keep the packaging in case it is needed to return the goods. In the event of damage in transit, it is necessary to have the damage acknowledged by the deliverer upon acceptance of the shipment. Please kindly note the damage on the delivery note and request the signature from the driver. The copy of the signed document should then be sent to our e-mail address. If there is no confirmation from the driver that the consignment was damaged at the time of delivery, we will assume that the consignment did not show any visible defects during the delivery. In such cases, neither the Seller nor the manufacturer will be held responsible for the damage. Any claims of the Buyer in this regard will be rejected. The Seller is obliged to answer the Buyer's request as soon as possible, at the latest within 14 days after the notification of the claim. The Buyer's claim will be sent to the e-mail address provided by the Buyer.

Refund Policy

In accordance with consumer law, the buyer may withdraw from the purchase contract within 14 days of receipt of the goods without giving any reason.

Up to 14 days from the delivery date, a customer can return ordered items for free (exceptions apply). We will offer a free return and issue a full refund in the same method as your original payment. The exception for free return up to 14 days includes orders with original packaging missing, orders of bathtubs, whirlpools, hot tubs, as well as custom made products. In these cases, a customer bears transportation costs.

After 14 days, a customer needs to cover the return cost. Refund will be issued in the form of a voucher to be used at beliani.cz within 360 days. Excluded from returns after 14 days are bathtubs, whirlpools and hot tubs, as well as custom made products. We will only accept returns of products that were not used, assembled, or installed. We will accept returns of products repacked securely in the original packaging.

In order to withdraw from the sales contract, the buyer has to provide the seller with a declaration within 14 days of receipt of the goods. The buyer then receives the ticket number, which must be attached to the returned goods. Returns without this number will not be accepted.

Unpaid parcels will not be accepted.

The goods must be packaged in such a way that they can be transported and be ready for return transport on the curbside. If the original packaging is not available, the customer must provide suitable alternative packaging himself so that the product is adequately protected during transport. The buyer should take a photo of the shipment before sending it back and send the photos to the seller.

If the returned item is in a different condition after the assessment than the item originally sent to the recipient, e.g. mechanical damage caused during assembly or dismantling or signs of wear, we reserve the right to charge the costs for spare parts or depreciation of the item caused by damage deduct.

After receipt of the goods, the buyer receives his money back within 7 days using the same payment method as he paid himself. Unless a different method of payment is agreed with the buyer, but without hidden additional costs for the seller.

Please note that the refund amount will be reduced by the value of the promoted voucher or product in the event of a return. The first exchange or return of the products that have been partially or fully paid for with a voucher is free of charge. In the event of more than one exchange or return, products must be returned at your own expense.

Business Customers
If the order is cancelled at any stage or the goods are returned, the customer will bear the operating costs.

Return Address:

Beliani.cz
c/o TOPTRANS
Opravářská 944/2
Hostivař
102 00 Praha 10
Czech Republic

The goods must be packed in original packaging and ready for transport and placed at the curb. If no original packaging is available, the customer is obliged to contact customer support where each such case will be resolved individually. Based on this fact, Beliani will decide whether to accept the product without the original packaging. If upon inspection, the returned article is in a different condition than the article originally sent to the recipient, e.g. any mechanical damages deriving from assembly or disassembly, we reserve the right to deduct the cost of replacement parts or loss of value caused by that damage.

If the goods are not returned in their original packaging, the Buyer should photograph the shipment before returning it and send the photographs to the Seller.

The Buyer shall receive the refund within 7 days through the same payment method as the one used at the purchase, unless agreed differently with the Buyer, as long as there are no hidden additional costs for the Seller.

Please note that the refund amount will be reduced by the value of the promoted voucher or product in the event of a return. The first exchange or return of the products that have been partially or fully paid for with a voucher is free of charge. In the event of more than one exchange or return, products must be returned at the Buyer's expense.

We also grant a prolonged return period of 365 days, however only for unused and brand-new items, preferably in original packaging. The money is refunded in the form of a voucher and the Buyer bears the return transport costs.

Up to 365 days Return Policy

Your satisfaction is of the greatest importance to us. If the ordered items do not meet your expectations or preferences, we provide you with the possibility of 365 days for product returns. Below you will find all details concerning our Return Policy:

*A one-time exchange of the goods within the 14-day period is free of charge; If the exchanged product is also to be returned, the return shipping costs must be borne by the buyer.

Disclaimer

Persons, who access information on the Seller websites agree to the following Terms and Conditions. Any special agreements for individual services or products of the Seller shall be effective alongside these conditions.

No guarantee for completeness and correctness

The information published on the website is provided by the Seller exclusively for personal use as well as informational purposes; it can be a subject to change or modification at any time without advance notice.The Seller gives no guarantee (neither expressly nor tacitly) for the accuracy, completeness and topicality of the information published on the Seller website, even if required diligence has been applied in collecting it from sources deemed to be trustworthy. Furthermore, any liability for incomplete or deviating assembly instructions will be rejected.

Using the Seller website

The entire content (design, text, graphics, etc.) of Beliani website is protected by copyright. The individual elements of the website belong exclusively to the website operator, the Seller. Any saving or printing of individual pages and/or sections of Beliani website is allowed only with the complete reference to the source. By saving or otherwise duplicating software or other data from Beliani website, the respective terms of use are to be accepted. All ownership of rights remain with the Seller. Any reproduction (entirely or partially), transmission (electronically or otherwise), modification, linking or use of Beliani website is only permitted with the explicit and written consent of the Seller.

Linked webpages, references and links

Certain links on the Seller website lead to websites of third parties. These are completely independent and deprived of any influence from the Seller, which is why Beliani assumes no responsibility for the accuracy, completeness and legality of the content of such websites and for any offers and services contained therein.

In the case of direct or indirect references to external websites ("links") outside the author's area of responsibility, a liability obligation would only come into effect in the event if the author is aware of the content and if it is technically possible and reasonable for him to prevent the use in case of illegal content. The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore he dissociates himself hereby expressly from all contents of all linked/referred sites, which were changed/introduced after the link posting. This statement applies to all links and references within the own Internet offer as well as to foreign entries in guest books, discussion forums and mailing lists. The responsibility for any illegal, incorrect or incomplete contents and, in particular, for damages resulting from the use or disuse of such information, carries the provider of the page to which reference was made, not the one who only links to the respective publication.

Google Analytics and other applications for analysis

This website may use Google Analytics, a web analytics service provided by Google Inc. (www.google.com) or other applications for analysis. In the following, the term "Google" refers to alternative programs and businesses. Google Analytics uses so-called cookies, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services related to website activity and Internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. You can prevent the installation of cookies by setting your browser software accordingly. However, we point out that in this case you may not be able to fully use all functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

TikTok

To promote our products, brand, and services, we regularly share short videos on the TikTok App, operated by TikTok Inc. (10100 Venice Blvd., Culver City, CA 90232, USA). While using TikTok, personal data is collected and processed. TikTok shares certain data with profile operators in a simplified and anonymous way. This info includes things like the count of new followers and general demographics, such as gender and country. It's important to note that this data doesn't point to specific individuals, so Beliani can't identify any specific visitor to our TikTok profile. The information provided to us by TikTok is used for analysis, statistical recording of our TikTok website usage, optimizing our offerings, marketing our articles and videos, and continually enhancing and managing our products.

For detailed information on the processed data, visit TikTok's Privacy Policy: here.

Pinterest

To showcase and promote our products, we share inspirations on Pinterest, operated by Pinterest Inc. (808 Brannan Street, San Francisco, CA 94103, USA). Creating an account on the website is tantamount to consenting to share personal data like your name, email address, comments, and IP addresses which are collected and processed by Pinterest.

For detailed information on the processed data, visit Pinterest's Privacy Policy: here.

Privacy Policy - the use of Facebook plug-ins (Like-Button)

On our sites plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, are integrated. Facebook plug-ins can be recognized by the Facebook logo or the "Like-Button" ("Like") on our site. An overview of Facebook plug-ins can be found here. When you visit our pages, the plug-in establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click Facebook "Like-Button", while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. As a result, Facebook can assign the visit to our pages to your user account. We point out that we, as the provider of the pages, are not aware of the data content transmitted and their use by Facebook. For more information, see Facebook Privacy Policy here. If you do not wish Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account before visiting our website.

Copyright

The copyright of the design of our website and its content, such as texts and graphics (not exhaustive list), is fully owned by the Seller. It is prohibited, without our prior written permission, to copy, download or otherwise use entirety or portions of it for its own purposes. Excluded are our special links, which are offered for download.

Liability, liability limitations and applicable law

The Sellerdisclaims unconditionally any liability for loss or damage of any kind – whether direct, indirect or consequential – arising from the products, the use of or access to the Seller's website, as well as links to third party websites. The Seller does not guarantee that the individual segments of its website to function flawlessly. In addition, the Seller rejects any liability for manipulation of the computer system of the Internet user by unauthorized persons. Thereby, the Seller explicitly points out the danger of viruses and the possibility of targeted hacker attacks. In order to prevent viruses we recommend the use of the latest browser versions as well as the installation of anti-virus software, which is to be continuously updated. Opening e-mails of unknown origin and unexpected attachments to e-mails should be categorically avoided. We reserve the right to withdraw from the contract at any time without being liable for damages. We are not liable for any damages that we could not have influenced ourselves. For damages resulting from the purchase, their shipment and the use of the products that we could have averted, we are liable for the maximum amount of the purchase of the product. The maximum amount of damages is limited to 12000 Kč in any case. The settlement of claims requires the agreement of both parties. Both parties undertake to seek direct contact in the first instance in the event of damage or reclamation, or to exhaust all other arbitration possibilities before referral to a court.

Swiss law applies. The place of jurisdiction is Baar.

Valid from 01.01.2022