These Terms and Conditions (hereinafter referred to as: the "Terms") define the principles of operation of the BELLER.pl website, available at: www.beller.pl, in accordance with the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2016, item 1030 as amended), including the type and scope of services provided, rules of using the website, conditions regarding concluding and terminating contracts and the complaint procedure. The website allows to place orders for BELLER jewellery remotely.
The website is managed by BELLER sp. z o.o. with its registered office in Warsaw, ul. Mokotowska 71, facility no. 102, Warsaw 00-530, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (KRS), under KRS number: 0000853969, Tax Id. No. (NIP): 7010993118, Business Registry No. (REGON): 386724575.
Acceptance of the Terms confirms Customer's consent to use the Website under the conditions specified in the Terms.
The following terms, which are written in capital letters, shall have the meaning indicated below:
Working days - all weekdays from Monday to Friday, excluding public holidays and Saturdays.
Customer - (i) a natural person having full legal capacity, (ii) a legal person, (iii) an organizational unit without legal personality, which is granted legal capacity by law registered in the Website or placing an Order without registration.
Consumer - a person defined in Article 221 of the Civil Code, i.e. a natural person who performs with an entrepreneur a legal action not directly related
to their business or professional activity.
Account - a place available in the Website for a given Customer after logging in (by providing a login and password), through which the Customer may carry out activities related to functioning in the Website with the use of tools provided by the Seller.
Newsletter - commercial information about the Seller, in particular about novelties, promotions, sales, loyalty programs.
Internet Store - a platform functioning within the Website, enabling the Customer to place orders for Goods.
Seller - BELLER limited liability company with its registered office in Warsaw, ul. Mokotowska 71, facility no. 102, Warsaw 00-530, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (KRS), under KRS number: 0000853969, Tax Id. No. (NIP): 7010993118, Tax Id. No. (REGON): 386724575.
Goods - a product presented in the Online Store.
Contract - a sales contract concluded between the Customer and the Seller electronically.
Order - a statement of Customer's will aimed directly at concluding a Sales Agreement, specifying in particular the type and number of pieces of the Goods.
The Website provides services via the Internet and are subject to any restrictions related to the use of this network.
The use of the Website requires at least the following technical requirements:
One of the following web browsers updated to the latest version: chrome, firefox, internet explorer 10, edge, safari,
Active e-mail account.
For technical reasons, during the provision of the service, various functional limitations and even temporary unavailability of the Website may occur. The Seller reserves the right to temporarily suspend the provision of services in connection with the modernization or reconstruction of the Website or with the maintenance work on the IT system. The Seller shall make every effort to ensure that breaks in the provision of services are not burdensome for Customers.
The Seller shall not be responsible for interruptions in the provision of services resulting from reasons beyond its control, in particular those constituting force majeure (fires, floods, natural or meteorological disasters, etc.).
The customer shall be obliged to:
Use the Website in a manner that does not interfere with its functioning,
Withhold from sending or posting any unsolicited commercial information within the Website,
Use the Website in a way that is not burdensome for other Customers and the Seller,
Use the content of the Website as part of your own use.
It is prohibited to add illegal content to the Website.
The Seller reserves the right to modify the services, tools and the manner of operation of the Website, including removal of all data stored in the database, cessation of activities, transfer of rights to the Website and taking any other actions allowed by law related to the Service. The Customer shall not be entitled to any claims against the Seller on account of the indicated activities.
§ 4. The terms and conditions for placing orders in the Online Store and concluding a sales contract
The persons entitled to place orders for the Goods are the Customers who:
Have the status of a registered user of the Service,
Without the status of a registered user, place orders without the registration and login procedure.
The status of a registered user of the Website is obtained by taking the following steps:
registration in the Website,
loging in to the Website with a login and password.
You can place an order in the Online Store only if you have read and accepted these Terms. Upon registration in the Website or upon placing an order for Goods in the Online Store without registration, the Customer confirms that he or she has read the Terms and accepts all of their provisions.
Upon registration in the Website, the Customer obtains access to Customer's account, allowing for placing orders for Goods in the Online Store, access to the history of purchases, access to his or her data and the possibility of changing and removing them.
Information about Goods presented in the Online Store constitutes an invitation to submit offers by Customers and does not constitute an offer within the meaning of the Civil Code.
Conclusion of the Sales Agreement requires placing an order for the Goods by the Customer, and then its verification by the Seller, also in terms of availability of the Goods.
Customers can place orders around the clock, all days of the week. Orders placed on holidays will be processed on the first working day following the day on which the order was placed.
In order to place an order, it is necessary to select Goods from the available offer of the Online Store by adding them to the basket and going through the purchase procedure.
Until the selection of the Goods is confirmed and the payment method is selected with the button "I confirm the order and pay", the Customer can make changes to the order and contact details for the delivery of the Goods.
Once the Customer places an order, they shall receive a message on the Website and to the e-mail address provided during the order placement with information on the quantity of the ordered Goods, the value of the order, the selected type of delivery and form of payment, the time of order completion and Customer's contact details. The message is a confirmation of the order placed by the Customer.
The Customer shall receive a confirmation that the order has been accepted for processing at the e-mail address indicated by the customer when placing the order. Receipt of the above mentioned confirmation of order acceptance for execution means conclusion of the sales contract for the Goods ordered by the Customer.
The Seller reserves the right, in justified cases, to additionally verify Customer's data by phone.
The Seller may deprive the Customer of the right to use the Online Store if he/she violates the Terms, in particular when the Customer:
Provides false, inaccurate or outdated data, misleading or violating the rights of third parties when placing an Order in the Online Store;
Has violated personal rights of third parties, in particular personal rights of other customers of the Online Store through the Online Store;
Has engaged in any other conduct that is considered by the Seller to be contrary to applicable law or general Internet usage rules or to the good name of the Seller.
The photos of the Goods placed in the Service are exemplary and their purpose is to present the indicated models. Due to the fact that the products offered by the Seller are made by hand, their actual appearance may differ from the ones presented in the pictures on the Website.
The Goods in the Online Store are marked in detail. The Customer has access to information on the properties of the Goods, the materials they are made of, prices and other properties.
Promotions cannot be combined. The Customer may take advantage of only one promotion, unless the terms and conditions of the promotion provide for the possibility to take advantage of several promotions together.
§ 5. Price, payment methods, delivery
The prices of the Goods indicated in the Online Store are binding on the Parties from the moment the Customer receives confirmation of acceptance of the order for execution.
The prices of the Goods in the Online Store are gross prices and are given in PLN.
Fees for the delivery of the Goods are given during the order placement.
The customer has the right to choose the following payment methods:
Payment through imoje website,
Payment by ordinary internet transfer,
Failure to receive payment to the account of the Seller or agents in the transaction within 5 days from the date of placing an order will result in the cancellation of the order, and in case of concluding a sales contract, its immediate termination.
The Seller reserves the right to change prices of Goods in the Online Store, introduce new Goods for sale, carry out and cancel promotional campaigns or introduce changes in them in accordance with applicable regulations, however, these changes shall not violate the rights of the Customer who concluded a sales agreement before the aforementioned changes are made.
The Seller shall complete the order within the time limit specified for a given product in the Website, counted in working days from the date of confirmation of order acceptance for completion. This deadline should be extended by the delivery time. If the Customer has placed several orders for goods with different lead times at the same time, they will be shipped together after the order has been completed, i.e. after the longest lead time.
The total maximum order completion time should not exceed 14 working days, and in no case 21 working days from the date of confirmation of order acceptance for completion.
The order execution is commenced after the payment is credited to the Seller's account. In the case of a payment card, the order is started after the card is positively verified.
The goods are delivered to the address indicated during the order placement by courier and outside the territory of the Republic of Poland by Poczta Polska postal service. The cost of delivery within Poland for purchases below PLN 300,00 is PLN 16, while for purchases above this amount it is free. In the case of shipping within the EU, the cost is PLN 52,00 regardless of the order amount.
The expected delivery time within the territory of Poland is one working day from the date of shipment.
When collecting the package, the Customer should check in the presence of the courier or postman the completeness of the content of the package, the condition of the external packaging and the condition of the Goods. In the case of damage to the parcel, the Customer should draw up a damage report, in two identical copies signed
by the Customer and the courier or postman.
The Seller shall not responsible for the impossibility of making an appointment with the courier for a specific delivery time, nor is the Seller responsible for extended delivery time which the courier is responsible for.
The risk of loss or damage to the item passes to the Customer upon signing the acknowledgement of receipt.
§ 6. Returns
According to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683 as amended), a Customer who is a consumer may, within 14 days from the date of taking possession of the purchased item by the Customer or a third party indicated by the Customer other than the carrier, withdraw from the Contract without giving any reason, by submitting a statement of withdrawal to the Seller. To meet this deadline, it is sufficient to send a statement of withdrawal to the postal address of the Seller: BELLER ul. Mokotowska 71, 00-530 Warsaw or the Seller's e-mail address: firstname.lastname@example.org before its expiry. In order to withdraw from the Agreement, the Customer may use the withdrawal declaration form which is available from the Website.
The right of withdrawal referred to in point 1 does not apply to the Customer who placed an order for an unprocessed item produced according to Customer's specifications or aimed to satisfy Customer’s individual needs. An example is custom made jewellery which has been ordered with personalized engraving or resizing, for example.
The Customer withdrawing from the Contract should immediately, within 14 days from the day on which he/she withdrew from the Contract, return the goods to the Seller, sending them back to the address given in the return form.
The Customer shall bear direct costs of returning the Goods.
The Customer shall be liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to determine the nature, characteristics and functioning of the Goods. When assessing the use of the Goods by the Customer in a manner that goes beyond that necessary to determine the nature, characteristics and functioning of the Goods, the Seller shall take into account, in particular, if the Customer has removed a label containing a warning about the possibility of liability for damages in case of its removal.
The Seller shall return to the Customer the equivalent of the price paid by the Customer for the Goods purchased under the contract of sale which the Customer withdrew from and the costs of sending the Goods to the Customer (if they were incurred by the Customer), within 14 days from the date of delivery to the Seller of the statement on withdrawal from the contract of sale of Goods. The Seller may withhold the return of payments received from the Customer until the returned Goods are received back.
If the Goods have been returned in a condition reducing their value, the Seller shall deduct from the amount of returned funds the amount corresponding to reduction of the value of returned Goods in relation to their initial value.
The Customer shall be liable for damage to the Goods resulting from transport carried out on behalf of the Customer.
§ 7. Complaints
The Seller, when executing orders, shall deliver goods free of defects.
The Customer has the right to lodge complaints on the basis of the warranty for defects in the cases indicated in the applicable laws or on the basis of the guarantee provided
(if it has been given).
Complaints may be made in any way permitted by generally applicable law. The Goods under complaint should be sent back (properly secured and packed) to the following address :BELLER ul. Mokotowska 71, 00-530 Warsaw, with a note: "BELLER.PL complaint." Without getting acquainted with the condition of the Goods under complaint, the Seller is not able to consider the complaint.
A complaint may be filed by filling in the complaint form available on the Online Store site.
The complaint about the Goods shall be considered within 14 days from the date of complaint. The Customer will be informed about the way the complaint
is dealt with by e-mail or in writing.
The Seller informs the Customer who is a consumer about the possibility of using out-of-court complaint or handling claims also through:
Submission by a Customer who is a consumer after completion of the complaint procedure, an application for consideration of the case before the arbitration court; The list of Permanent Consumer Arbitration Courts operating at the Provincial Trade Inspectorates is available on the website of the Office of Competition and Consumer Protection;
Submission by a Customer who is a consumer of a request to the Provincial Inspector of Trade Inspection to initiate mediation proceedings to amicably end the dispute between the Customer and the Seller;
By accepting the Terms and Conditions, the Customer declares that he/she acknowledges that his/her personal data provided to the Seller will be processed by BELLER Limited Liability Company with its registered office in Warsaw, ul. Mokotowska 71, facility no. 102, Warsaw 00-530, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (KRS), under KRS number: 0000853969, Tax Id. No. (NIP): 7010993118, Tax Id. No. (REGON): 386724575 as a personal data controller for the purpose of processing orders.
The Customer declares that he or she is aware that they have the right to inspect their personal data, as well as the right to correct and complete them, and that providing personal data is voluntary, but necessary to place and execute orders.
The Customer has the right to request the deletion of their personal data. Deletion of Customer's personal data means liquidation of Customer's Account in the Website.
Processing of Customer's personal data contained in the registration form and the data made available during the order placement shall be carried out with the Customer's consent given when registering on the Website or during the order placement.
At the stage of registration or order placement, the Customer may give the Seller voluntary consent to process his/her personal data for the purpose of:
Receiving commercial information (including Newsletter) from the Seller in paper form or by means of electronic communication.
§ 9. Newsletter
At the registration or order placement stage, the Customer may order free of charge information in the form of the Online Store Newsletter to the
e-mail address provided by the Customer.
At any time, the Customer has the right to resign from receiving the Newsletter via the link at the bottom of each e-mail sent by the Seller.
§ 10. Gift cards
A gift card can be used by the Customer personally or given to any person.
A gift card can be used within one year from the date of its purchase.
The gift card can only be returned to the person who acquired it.
Unused funds remaining on the gift card after the first purchase with the card are not refundable.
§ 11. Final provisions
The Terms shall enter into force on the day of their publication in the Website and constitute an integral part of the Agreement.
The Seller reserves the right to unilaterally change the Terms in important cases, in particular in the case of a change in the functionality of the Website,
a change in the profile of Seller's activity or a change in legal regulations.
Users will be informed about the change of the Terms via a message shared on the Website by the Seller about the change of the Terms containing a summary of the changes to the Terms and maintaining this information for a period of at least 14 consecutive calendar days, while registered Customers will be additionally informed via an e-mail sent by the Seller to address indicated by them in the registration form information containing a summary of the changes to the Terms at least 14 days before they come into force. Amendments to the Terms shall enter into force upon publication of the amended Terms in the Website.
The law applicable to the Agreement is Polish law.
In matters not regulated by these Terms, the provisions of the Act on Provision of Electronic Services, the Act on Copyright and Related Rights,
the Civil Code and other relevant legal acts shall apply.
The competent court to resolve disputes arising from the contract with users who are not consumers is the court having jurisdiction over the seat of the Seller. In case of a dispute with a Customer who is a consumer, the competent court is the court specified in the provisions of the Code of Civil Procedure.
All materials, including photographs, texts, graphics, logos published in the Service are protected by the Act of 4 February 1994 on copyright and related rights
(Journal of Laws of 2017, item 880).