Terms and Conditions
TERMS AND CONDITIONS
The Terms and Conditions of the Betelli Online Store
The definitions used in the Terms and Conditions have the following meanings:
- Customer - the natural person, legal person, or an organizational entity not being a legal person, but to which special regulations confer legal capacity, which places an order in the online store.
- The Civil Code - the Act of 23 April 1964 (Journal of Laws No.16, item 93 with amendments).
- Terms and Conditions - these terms and regulations governing the services provided by the Online Store via electronic means.
- Online Store - the Internet website operating at http://www.betelli.pl, through which the Customer is able to place orders.
- Goods - products available at the Online Store.
- The contract for use of the site - an agreement concluded with the User who made registration in the Online Store covering the use of the functionalities of the Online Store.
- The contract for the newsletter - an agreement concluded with the User, who agreed to receive from the Store Owner commercial information within the meaning of the Act on electronic services.
- Sales agreement - the sales agreement for the Goods in the meaning of the Civil Code, concluded between the Customer and the Store Owner via the Online Store, with the use of the Online Store functionalities.
- The Law on Consumer Rights - Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014. No. 827).
- The Act on the Protection of Personal Data - Personal Data Protection Act of 29 August 1997, i.e. 17 June 2002 (Journal of Laws No.101, item 926 with amendments).
- The Act on Electronic Services - the Act of 18 July 2002 on electronic services, i.e. 15 October 2013 (Journal of Laws of 2013, item 1422 with amendments).
- User - the natural person, legal person, or an organizational entity not being a legal person, but to which special regulations confer legal capacity, which uses the Online Store. The User who places an order for the purchase of selected Goods acquires the status of a Customer.
- Registered User - User which made a registration in the Online Store.
- Order - Customer's declaration of will that leads to the Sales agreement, describing in particular the type and number of Goods and other information required by the Store Owner.
- Store Owner - F2H Sp. z o.o. [Ltd.], a Polish company with its office registered in Warsaw (registration address: ul. Wandy Rutkiewicz 9, 02-956 Warsaw, Poland); entered in the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, XIII Economic Division of the National Court Register under number KRS 0000487226, with NIP (Tax Identification Number) 951-237-48-20, REGON (Business Statistical Number) 146991530.
II. The General Provisions
1. These Terms and Conditions define the rules of using the Online Store.
2. These Terms and Conditions constitute regulations referred to in Article 8 on Electronic services.
3. Online Store is run by the Store Owner.
4. These Terms and Conditions define in particular:
a) the terms of registration and use of an account in the Online Store,
b) the terms and conditions of placing orders via the Online Store,
c) the regulations related to entering the sales agreement with the use of services offered by the Online Store,
d) the complaint procedure,
e) the principles of personal data protection policy.
5. The minimum hardware requirements to use the Online Store are:
a) The computer with Internet access;
b) The access to electronic mail;
c) The recommended screen resolution: 1024x768 pixels;
6. Users can get the access to these Terms and Conditions at any time via a link placed on the Online Store homepage. Users can download and print it.
7. Information about the Goods available at the Online Store, including their descriptions, parameters, photographs and their prices, constitute an open invitation to enter into the sales agreement within the meaning of article 71 of the Civil Code, however, they do not constitute an offer within the meaning of Article 66 paragraph 1 of the Civil Code.
8. The Online Store accepts and completes orders only from the territory of Polish Republic and countries listed on the "Delivery costs & zones" page.
9. The Store Owner makes his best efforts to provide Users with the access to all functionalities of the Online Store for 24 hours, however, he reserves the right to suspend temporarily some or all functionalities of Online Store for maintenance purposes, repairs and updates.
III. The terms of Online Store use
- Users have the possibility to sign up for an individual customer account by registering in the Online Store. However, the registration and the Online Store account are not necessary to place an order in the Online Store and conclude a Sales agreement.
- The registration starts with filling in and accepting the registration form placed on the Online Store website where the User must enter the following information: name and surname, address (street, house number, city, postcode), e-mail address, contact phone number and Password.
- Registration is only possible if the User accepts the Terms and Conditions and submit his/her personal details in the fields marked as obligatory.
- The Store Owner may withdraw the User’s right to use the Online Store through his/her individual account, as well as may limit User’s access to part or all of the resources offered by the Online Store with immediate effect, in case of violation of these Terms and Conditions by the User, in particular when the User:
a) provided the data during the registration in the Online Store that were false, inaccurate, not up to date, misleading or affecting the rights of third parties,
b) infringed personal interests of third parties by the means of the Online Store, especially personal interests of other Users of the Online Store,
c) performs other actions in a manner inconsistent with applicable law, the rules of social conduct and good manners or the behavior undermining the good name of the Store Owner, his employees, business partners and contractors.
- The person who was deprived of the right to use the Online Store cannot register again without the prior permission of the Store Owner.
- While using the Online Store the Customer is particularly obliged to:
a) refrain from submitting and communicating content that is forbidden by the law,
b) not undertake actions such as sending or submitting to the Online Store trade information that has not been ordered,
c) using the Online Store in a way that does not interfere with its functioning,
d) using the content included in the Online Store for personal advantage only,
e) using the Online Store according to the provisions of these Terms and conditions that are consistent with the applicable law of the Republic of Poland.
- By registering in the Online Store, and by using the Online Store in any other way, the User accepts these Terms and Conditions, and in particular its provisions of a contractual nature which regulate the relations between the User and the Store Owner, and agrees to abide the law when using the Online Store, and in particular to abide copyrights and the rights arising from the registration of patents, trademarks, utility and industrial models of other persons, and to respect the personal rights of third parties and the Store Owner, and to respect for decency and good manners.
- The agreement with the Registered User to use the site is concluded by registering the User’s account.
- Every User may stop using the services provided by the Store Owner according to the use of the Online Store’s site at any time by leaving the site of the Online Store. Registered User may terminate the agreement to use the Online Store at any time by deregistering the User’s account or by terminating the agreement to use the site. The termination of the agreement to use the site does not affect the Sales agreements concluded by the User.
- The agreement to use the site is concluded with the Registered User for an indefinite period of time, but not longer than the day of deregistering of the User’s account created in the site, and either party may terminate it with 14-days notice. The agreement is always terminated at the moment of deregistration of the account in the site. The termination of the agreement to use the site does not affect the Sales agreements concluded by the User.
- The Registered Users are notified of the change in the Terms and Conditions by e-mail and have 14 days from the day of notification to terminate the agreement to use the site through the liquidation of User’s account or through the termination submitted in the period of notice indicated in the Terms and Conditions, if they do not accept the change.
- In the process of concluding the remote agreement within the site, the User must enter a valid e-mail address to which the Company will send an e-mail confirmation of the agreement together with the information referred to in Art. 12 section 1of the Act of 30 May 2014 on Consumer Rights (Journal of Laws No.2014.827) and with the confirmation of the User’s permission to the delivery of digital content in the circumstances resulting in the loss of right to withdraw from the agreement, if such permission was granted.
- The User who is a consumer has the right to withdraw from the Agreement to use the site concluded at a distance within 14 days of its conclusion, including through the form mentioned in the Annex No. 2 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws No.2014.827).The Agreement to use the site is concluded upon the receipt by the consumer a relevant confirmation of the agreement from the Company. To meet the deadline it is enough to send a declaration of intent before that date. The content of the form included in the annex to the act mentioned above, supplemented by addresser’s data, is included in these Terms and Conditions.
- Agreement for the newsletter is concluded with the User for an indefinite period of time, and either party may terminate it at any time with immediate effect.
- Users which concluded the agreement for the newsletter are notified about the change in the Terms and Conditions also by e-mail and have 14 days from the day of notification to terminate the agreement for the newsletter through the termination submitted in the period of notice indicated in the Terms and Conditions, if they do not accept the change.
- To the agreement to use the site and to the agreement for the newsletter the relevant provisions of paragraph VII of these Terms and Conditions also apply.
IV. Procedures for placing orders and conclusion of Sales agreement
- To place an order, you need to visit the website http://www.betelli.pl, choose the Goods that are marked as "available" and follow the technical actions based on the messages displayed on the site and the information provided by the Online Store.
- The choice of Goods to order is made by adding them to the virtual shopping cart.
- During ordering - until the moment of clicking the "Order" button - the User has the ability to modify submitted details and the chosen Goods. In order to do so, the User has to follow the messages displayed and the information available on the site.
- After submitting all the necessary information by the User using the Online Store, an order summary will be displayed.
- To complete the Order the User must enter the information including personal data, that will enable contact and shipping of Goods. Data necessary to place an Order are: name and surname, address (street, house number, city, post code), contact phone number, Goods name, Goods quantity, place and shipping method and payment method.
- The Order will be processed provided that defect free Good is in stock or it can be delivered by external suppliers of Online Store. If part of ordered Goods is unavailable, the Customer is informed about this fact and makes a decision about the way of Order realization (partial realization or cancellation of the total Order). In case when the Order cannot be completed for reasons attributable to the Online Store within 30 days from the date of Order the sales agreement expires. The Online Store informs the Customer about such fact by e-mail and returns the payment for the part of the Order that was not completed (if the Customer has already paid for the Order on the Online Store’s bank account).
- The moment of Sales agreement conclusion is sending the Order confirmation by the Online Store to the e-mail address provided by the Customer. When only a part of the Order can be processed, the Sales agreement is concluded only for this Order part.
- The Store Owner reserves the right to contact the Customer by e-mail or phone in order to confirm the Order or clarify doubts. The lack of possibility to contact the Customer or to explain doubts entitle the Store Owner to withdraw from the Sales agreement.
- If a Customer created an individual account in the Online Store all the Order details are available in „Your account” tab.
V. Time of Order processing and delivery
- The delivery of Goods is limited to the area of the Polish Republic and countries listed on the "Delivery costs & zones" page. The delivery is made to the address specified by the Customer while placing the Order.
There is also a possibility of personal collection of the Order in the store's office in Poland, 00-511 Warsaw, 31 Nowogrodzka Street room. 401, after a prior e-mail or phone contact.
- Ordered Goods are delivered at the Customer’s expense by a courier company chosen by the Store Owner. The delivery costs are indicated each time while placing an Order.
- Orders exceeding a certain value are sent at the Online Store’s expense (it applies only to the territory of Poland). The information about the current minimum Order value that guarantee free delivery is stated on the Online Store site.
- The Online Store makes every effort to ensure that all Orders are processed within 24 hours on working days, counting from:
a) when the Store’s Owner receives the full payment for the Goods – in case of bank transfer or electronic payment operated by PayU, Przelewy24 and PayPal systems,
b) when the Order was placed – in case of "cash on delivery" payment option (this payment method is available only on the territory of Poland).
VI. Prices and payment methods
- Prices of goods are given in Polish zlotys (for Polish version of the site) or in Euro (for other language versions) and are gross prices, i.e. they include all the components such as VAT (Value-Added Tax) at appropriate rates, according to the applicable provisions of law.
- The Customer can chose the following payment methods:
a) C.O.D. - Cash On Delivery (payment handed directly to the courier upon the delivery of the parcel), available only for the area of Poland;
b) money transfer to the Store Owner’s bank account:
- for transfers in Polish Zlotys:
30 1140 2004 0000 3502 7501 6403
(IBAN format: PL30 1140 2004 0000 3502 7501 6403, BIC/SWIFT Code: BREXPLPWMBK),
- for transfers in Euro:
PL 21 1140 2004 0000 3312 0441 8380
(BIC/SWIFT Code: BREXPLPWMBK)
c) electronic payment system operated by IAI Pay (for Polish payments) or PayPal (for international payments), according to the rules applicable for these systems.
- In case of choosing the payment method indicated in paragraph 2 point b or c the Customer is obliged to pay the full amount of payment for the order within 5 calendar days from the date of sending order confirmation by the store. After that date the order will be canceled.
- Each ordered item comes with the receipt (or VAT invoice on request), sent to the customer together with the goods.
VII. The right to withdraw from the agreement
- According to the The Law on Consumer Rights, the Customer who is a consumer within the meaning of the Civil Code has the right to withdraw from the remote agreement, without stating a cause and return purchased Goods within 30 days from the receipt of shipment, and in cases of The contract for use of the site and The contract for the newsletter since the day of concluding an agreement.
- Notification on the desire to withdraw from the sales agreement (to make a return) is followed by a statement, which must occur within 30 days from the receipt of shipment, and in cases of The contract for use of the site and The contract for the newsletter since the day of concluding an agreement, nevertheless to comply with this deadline, it is enough to send a statement before its expiry.
- The Store Owner encourages you to use the withdrawal form (Return Form) available at the following address: http://www.betelli.pl/return-form. The Customer is entitled to withdraw from the agreement in a form other than the Return Form. However using this form is recommended as it will simplify the withdrawal (return) process.
- Money refund will be sent within 14 calendar days to the bank account specified in the withdrawal (return) form. In case of the absence of a bank account, payment will be transferred to the Customer’s bank account from which the payment was made, and in the absence of such account – by postal order, unless the Store Owner and the Customer agree on the other method of the refund.
- If the Client has chosen a delivery method of goods cheaper than the standard delivery method offered by the Store Owner, the Store Owner is not obliged to return to the Client the extra costs the Client beared.
- The Client is required to return the Goods to the entrepreneur immediately, but not later than 14 days from the date on which he/she withdrew from the agreement. To meet the deadline it is enough to send the items before its expiry. The consumer bears the direct costs of returning the items.
- The Client is responsible for a reduction in the value of items which is a result of using it in a way that goes beyond what is necessary to assess the nature, characteristics and functioning of items.
- The Client is not entitled to withdraw from the agreement in respect of the following agreements:
- service agreement, if the Store Owner has executed a full service with the full consent expressed by the Client, who had been informed before the beginning of executing service, that after completing the service by the Store Owner the Client loses the right of withdraw from the agreement,
- agreement for delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
- agreement for the supply of digital content which is not stored on a tangible medium, if the execution of service has begun with the consent expressed by the Client before the deadline to withdraw from the agreement and after being informed by the Store Owner about the loss of the right of withdraw from the agreement,
- in other cases indicated in the Act on Consumer Rights.
9. Depending on the type of agreement concluded by the Client with the Store Owner, in view of the nature of good or service offered to the consumer, the Company may:
- require the consent of the Client to start the service execution before the deadline to withdraw from the agreement concluded at a distance;
- require the consent of the Client for the full execution of service before the deadline to withdraw from the agreement concluded at a distance;
- require the consent of the Client to start executing the service in the form of delivery of digital content unsaved on a tangible medium before the deadline to withdraw from the agreement concluded at a distance.
VIII. Complaints connected with the Goods
- The Customer is obliged to check the Goods immediately upon receipt. Any defects that are noticeable at the packaging or at the products shall be reported to the carrier immediately and shall be reported to the Store’s Complaint Department by e-mail: firstname.lastname@example.org. When the courier refuses to sign the complaint protocol, the Customer should not collect the parcel or sign the delivery and should immediately contact the Store Owner by using the above contact details.
- Complaints that result from violating the rights of the Civil Code or from these Terms and Conditions should be reported to this email address: email@example.com. The Customer should give the reason for the complaint while reporting it to the store.
- The Store Owner commits itself to consider all complaints within 14 calendar days.
- The Store Owner is not the manufacturer of the Goods, therefore it is the manufacturer that is liable for claims under warranty of sold Goods under the conditions and for the period specified in the warranty card (if the manufacturer attached such card).
- Please be informed that at http://ec.europa.eu/consumers/odr there is the Online Dispute Resolution platform between consumers and entrepreneurs (ODR platform). The ODR platform is a website with a service facility for consumers and entrepreneurs striving for out of court settlement of the dispute concerning contractual obligations arising from the online sale agreement or service agreement.
At the same time we remind you that our contact e-mail for clients is: firstname.lastname@example.org.
IX. Exchange of Goods
- If the Customer, after receiving the Goods in accordance with the Order and corresponding to the content of the concluded Sales agreement (“goods of full value”) is not satisfied with the Goods, the Customer has the right to exchange the purchased goods for other product currently available in the Online Store.
- The Customer has the right to exchange the Goods in accordance with the article IX within 14 days of receipt of the Goods. To comply with this deadline, it is necessary to send a statement of willingness to exchange Goods via this e-mail address: email@example.com.
- Exchange of Goods in accordance with the article IX takes place after returning by the Customer and at the Customer’s expense originally purchased Goods in a saleable condition, in original intact packaging (i.e. returned goods cannot bear signs of use, must contain all the elements with which they were delivered; the package is an integral part of the product) to the address:
F2H Sp. z o.o., Nowogrodzka 31 lok. 401, 00-511 Warsaw, Poland
The Online Store does not accept parcels sent by the Customers at the store’s expense.
- In case of violation of paragraph 3 above by the Customer, the Online Store may not accept a request for exchange and may return the Goods to the Customer at his/her expense.
X. Complaints about the services provided electronically
- Irregularities in the functioning of the Online Store can be reported at the e-mail address: firstname.lastname@example.org.
- The Store Owner commits himself to consider every complaint within 14 working days.
XI. Personal data
- The User’s personal data provided during registration in the Online Store, placing Orders or signing up for newsletter are processed by the Store Owner solely for the purpose of Order execution (including the purpose to contact to the User) or potential newsletter service, if the Customer agreed to receive the newsletter.
- The User’s personal data may also be processed for broadly understood marketing purposes, providing the Customer gives his/her consent to it. The consent for processing the personal data for marketing purposes is voluntary and is not a condition for the execution of Order placed in the Online store.
- Personal data provided by the Users on the website are processed by the Store Owner acting as a Personal Data Administrator within the meaning of Personal Data Protection Act. The User’s personal data obtained through the Internet website are for the internal use of the Store Owner’s company and will not be shared with other third partiesexcept for the entities through which the delivery of Goods to the Customer is made. The User has the right to view and make changes to his/her personal data, as well as to object to processing the personal data at all. However, this may result in the inability to complete the placed Order or other rights provided within these Terms and Conditions.
- The User may provide separate consent for telephone contact from the Online Store to the indicated telephone number in broadly-understood marketing purposes, also by using automatic systems, including transferring of commercial information within the meaning of Electronic Services Act. Such consent may be withdrawn at any time.
XII. Final provisions
- In case of the Clients who are not consumers in the meaning of the Civil Code, the competent Court for disputes arising from the use of the Online Store is the court competent for the Store Owner’s headquarter.
- In matters not covered in these Terms and Conditions the relevant provisions of Polish law shall apply.
- These Terms and Conditions apply from the date: 12.02.2014.
- All changes to the Terms and Conditions are in force from the date of informing the Users about such change by its publication on the website: http://www.betelli.pl/terms-and-conditions in a way that will allow Users to get acquainted with such change. The changes can not affect the effectiveness and manner of previously placed Orders.
- The Store Owner may make changes to the Terms and Conditions for the important reasons. Changes may be dictated in terms of the changes in aspects: technological, legal, economic or organizational activities of the Company, as well as in terms of the changes in the structure or content of the Online Store site or the Store Owner’s offer.
Return Form - withdrawal from agreement
..................................................................(city), .................................... (date)
(name, surname and the Customer’s address)
F2H Sp. z o.o.
Nowogrodzka 31 lok. 401
The Declaration on Withdrawal from Distance and Off-premises Sales Agreement
I hereby inform that I withdraw from the sales agreement concerning the purchase of the following Product: ...................................................................................................... ordered on ...................................................... (order date) through the website www.betelli.pl.
Please make a refund by a bank transfer to the account number specified below:
(customer's signature - only if the Form is sent in paper version)
Annex no. 2
The Store Owner collects personal information and other data that do not have such an attribute. Collection takes place, depending on the type of data, on the User’s own initiative or automatically.
Data collected during the registration:
In order to use some of the functions in the Online Store, you will have to register. During the registration process you will be asked to provide us with your personal information and other data that do not have such character, but which are also covered by this Policy.
Providing personal data and the consent to the processing of such information are not obligatory (it is voluntary) but necessary to offer certain services by the Store Owner within the Online Store.
Personal data will be processed by the Store Owner, acting as the personal data administrator, for the purposes and in the manner specified in the statement concerning the consent to the processing of personal data or in the information submitted in the relevant Terms and Conditions. You have the right to access your personal data, to revise them and to perform other actions described in Terms and Conditions of this site. In the cases mentioned above you should contact the Store Owner by writing to the address of the Store Owner provided in those Terms and Conditions.
Data collected while placing Orders:
During the registration process you will be asked to provide your contact information such as: first name and surname, address, telephone number and e-mail address.
Data collected automatically:
During the use of the Online Store, information about your visit is collected automatically. It includes the IP address of your computer, the domain name, the type of browser, the type of operating system - those data do not allow to identify you personally.
Data collected when you contact us:
When you contact us in order to make some actions (like complaint submission) via the website, phone or e-mail we will require you to provide your personal data again to verify your identity and to give the possibility to the return contact. This applies to the same personal information that you, Dear User, provided earlier. Again, providing such data is not obligatory, but it is necessary to carry out some actions or to obtain information that interest you.
The use of data:
Personal data that you provided, and for processing of which you agreed, will be processed only to the extent and for the purpose of the given consent or for the purpose allowed by the law.
Data collected automatically can be used to analyze users’ behaviour on websites or to gather demographic information about our users.
Data collected in the course of correspondence between you and the Store Owner will be used only to help us to make the correct, complete and efficient response to your inquiry.
In case of violation of Terms and Conditions of any of the sites connected with the violation of the law or without such violation but on the basis of other laws, the Store Owner may disclose your data, including personal data, to the legal authorities in situations provided by the law.
How will we to contact you?
The Store Owner communicates with the Users using the e-mail addresses provided by them. In cases when the Store Owner considers it helpful or useful he/she may contact the Users by phone (including SMS messages) or in writing.
Cookies are short information which different websites save on your hard drive in the form of text files in order to check how popular is the website. We identify you in order to learn what information do you need and what are you looking for on our site. We want to know which categories do you visit often that the others so that we can create even more interesting and better website than before.
It is you who give us the knowledge about which direction we should develop, what are your expectations, what is missing and in your opinion should be included on a site.What is more, cookies are used by the website to maintain the user's session (after logging in) through which the user does not have to retype login and password on every website subpage; to create statistics that help to understand how users use the websites, which allows improving their structures and contents..
By using a specific website it is you who decide about its future shape and development. Cookies cause no harm to your computer system and the files saved there, and have no deliberate effect on its efficiency or how they function. The identification takes place anonymously and impersonally by gathering information about the way and form of using the websites.
Within the site there are two main kinds of cookie files: session cookies and persistent cookies.
Session cookies are temporary files stored on the User’s device until logging out, leaving website or closing the software (Internet browser). Persistent cookies are stored on the User’s device for the time specified in the parameters of cookies files or until the time of erasing them by the User.
Within the site the following kinds of cookies are used:
a) Necessary cookies which enable using the services available within the site, e.g. verification cookies which are used for the services requiring verification within the site;
b) Cookies used to provide safety, for instance cookies responsible for the detection of irregularities according to authentication within the site;
c) Efficiency cookies that enable gathering information about how you use the website;
d) Functionality cookies which allow to remember the settings chosen by the User and personalization User’s interface e.g. in terms of chosen language or region from which the User comes from, font size, website’s appearance etc.;
e) Advertising cookies which allow to deliver advertising content to the Users that is more corresponding with their interests.
Cookies may also be used and placed on your device also by the Store Owner’s advertisers and partners.
The acceptance of cookies is not mandatory to use the Online Store. The Store Owner notifies Users, legibly and clearly on the website about the purpose of storing and accessing cookies as well as about the possibility of changing the terms of storing or obtaining cookies by software settings installed on the User's device. We emphasize that the lack of acceptance of some cookies may prevent the website from proper functioning to the full extent.
You may agree to store cookies on your device and on their usage in the manner described above by the proper settings of your web browser, i.e. browser settings that enable the acceptance of cookies or the lack of change of already existing settings after receiving the information as above. This means the consent to receiving and using cookies by the Store Owner in a manner described above.
If you do not want to receive cookies, you may modify the preferences in your web browser and choose the option to automatically reject cookies. Such settings help to control other options of cookies too.
Below you will find official links to the most widely used web browsers on which there is information about the actions needed to change the settings of the specific browser in the situations described above:
MS Internet Explorer 9:
For example, for older versions of MS Internet Explorer select "Tools" / "Internet Options" / "Privacy" / "Advanced" / "Block cookies". While using a web browser, you can also delete cookies already stored on your device. In order to do so, on a browser mentioned above, you should select "Tools" / "Internet Options" / "General" / "Delete Cookies".
The Store Owner is not responsible for the content of cookies files sent by the other websites to which links are placed on the website.