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Terms and conditions

TERMS AND CONDITIONS OF THE ONLINE STORE “______________________”

Effective from March 31, 2020

DEFINITIONS

Whenever the following terms are mentioned in these Terms and Conditions, they shall be understood as follows:

  • Business Days – Days from Monday to Friday, excluding statutory public holidays.
  • Delivery – A service of delivering the ordered Product performed by the Seller via a transport or courier company chosen by the Seller, to the address indicated by the Customer located within the territory of the Republic of Poland.
  • Customer – A natural person who has reached the age of 18 and has full legal capacity, a legal person, or an organizational unit without legal personality but capable of acquiring rights and incurring obligations on its own behalf, placing an order in the Online Store or entering into a Sales Agreement with the Seller.
  • Consumer – A natural person conducting a legal transaction with the Seller not directly related to their business or professional activity.
  • Account – The Customer’s personal profile in the Online Store, created through Registration, secured with a login and password set by the Customer, through which the Customer makes purchases in the Online Store, and where the Customer’s data, including order history, are stored.
  • Cart – A virtual tool in the Online Store used to collect offers for purchasing Products selected by the Customer in one place to place an Order.
  • Newsletter – An electronic bulletin informing about new products, promotions, and offers in the Online Store, periodically sent by the Seller to Customers who have agreed to receive marketing content electronically from the Seller.
  • Product – Any furniture offered for online sale by the Seller through the Online Store.
  • Terms and Conditions – This document specifying the conditions for providing electronic services by the Seller, including general conditions for the sale of Products and Services and conditions for Delivery.
  • Registration – The process of creating an Account in the Online Store, carried out independently by the Customer.
  • Online Store – The online store available at ____________, designed to present the Seller’s offer and enable Customers to place orders.
  • Seller – BFM Home Sp. z o.o., headquartered in Bielsko-Biała (43-300) at Piekarska Street 130, registered by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under number 0000285770, VAT ID: 9372186313, REGON: 072188424, with a share capital of 1,500,000.00 PLN, email: contact@befame.com, phone number: +48 696 096 671.
  • Sales Agreement – An agreement within the meaning of Article 535 of the Civil Code, concluded remotely via the Online Store between the Customer and the Seller, concerning the Products.
  • Order – A declaration of the Customer’s will, made via the Online Store, leading to the conclusion of a Sales Agreement, specifying, in particular, the type and quantity of Products, payment method, Customer data, and delivery address.

GENERAL PROVISIONS

  1. The Terms and Conditions define the rules for using the Online Store and the rules for Customers to conduct purchase and sale transactions of the assortment offered by the Seller in the Online Store, including the rules for concluding remote Sales Agreements electronically, fulfilling Sales Agreements, and handling complaints.
  2. The administrator of the Online Store responsible for its management is the Seller.
  3. The Online Store is operated to allow Customers to familiarize themselves with a wide range of Products offered by the Seller and enable Customers to make electronic remote purchases of Products.
  4. The Online Store provides its services to any Customer exclusively within the territory of the Republic of Poland.

TERMS OF USE OF THE ONLINE STORE

  1. The Seller informs and warns that using services provided electronically may pose a risk to every Internet user, consisting of the possibility of introducing harmful software into the Customer’s ICT system or acquiring and modifying their data, including personal data, by unauthorized persons. To minimize these risks, the Customer should use appropriate technical measures, particularly antivirus software and a firewall.
  2. To fully utilize the Online Store, the Customer must have:
    a. A computer or other multimedia device with Internet access.
    b. An active email address.
    c. One of the following web browsers:
    • Internet Explorer
    • Mozilla Firefox
    • Google Chrome
    • Opera
    • Apple Safari
  3. Anyone meeting the requirements in point 2 above can freely browse the Seller’s Product offerings in the Online Store without the need for Registration.
  4. Using the Newsletter does not require Registration but does require providing an email address.
  5. To place an Order and purchase a Product in the Online Store, creating an Account is required.
  6. Creating an Account is free of charge.
  7. Only individuals who have reached the age of 18 and have full legal capacity, legal entities, or organizational units without legal personality but capable of acquiring rights and incurring obligations on their behalf may create an Account.

ACCOUNT REGISTRATION

  1. To create an Account, the Customer must complete a registration form, providing the following information:
    • First and last name,
    • Address of residence,
    • Email address,
    • Phone number,
    • Optionally, data required for issuing a VAT invoice if the Customer wishes to receive an invoice after purchasing a Product.
  2. During Registration, the Customer must set their login and password independently and is responsible for protecting these credentials from unauthorized access.
  3. After completing the registration form, the Customer must confirm they have read the Terms and Conditions, consent to the processing of personal data, and then click “Register.”
  4. Creating an Account is equivalent to accepting all provisions of the Terms and Conditions.
  5. Upon successful Registration, the Customer will receive a confirmation email with instructions on activating their Account.
  6. The Account must be activated following the instructions provided in the email mentioned in point 5. Without activation, the Customer will not be able to use the Account.
  7. Once the Account is created, the Customer can edit their information provided during Registration.
  8. Having an Account allows the Customer to:
    • Place Orders and make purchases in the Online Store,
    • Track the status of Orders,
    • View order history,
    • Modify registration details, including providing a delivery address different from the residence address.
  9. The Account is created for an indefinite period and may be deleted by the Customer at any time.
  10. The Seller has the right to delete the Customer’s Account if:
    • The Customer violates any provisions of the Terms and Conditions,
    • The Customer provided false information during Registration,
    • The Customer provided false information when placing an Order or entering into a Sales Agreement,
    • The Customer provided false payment information.
  11. Providing false information is deemed to include:
    • Providing an address that results in unsuccessful delivery of any shipment and its return with remarks like “unknown recipient,” “recipient moved,” or similar.
    • Providing an address resulting in two unsuccessful delivery attempts with a return remark different from those specified above.
  12. Deleting the Account results in the immediate termination of all pending Orders, without prejudice to the Seller’s right to seek compensation from the Customer.

PRODUCTS OFFERED FOR SALE IN THE ONLINE STORE

  1. All Products are designed and manufactured by the Seller, ensuring they are brand new, free of physical and legal defects.
  2. Detailed information about the Products offered in the Online Store, including images depicting their appearance, is available on the Seller’s website at www.befame.com and within the Online Store under each Product description.
  3. The images and descriptions provided aim to give the Customer a general impression of the Product. However, they are subject to technical limitations. The Seller reserves the right to note that the appearance of the Products in the images may differ from their actual appearance due to limitations in photography, lighting conditions, or display settings used by the Customer. Additionally, technical descriptions may include simplifications for readability and relevance.
  4. The disclaimers in point 3 above do not limit the Seller’s liability towards Customers who are Consumers.
  5. Each Product description in the Online Store includes its selling price in Polish zloty (PLN), inclusive of VAT.
  6. The listed prices do not include delivery costs for purchased Products to the Customer.
  7. Product availability in the Online Store may be indicated as:
    • “Product available – add to cart”: The Product is fully available, and the Customer can purchase it via the Online Store.
    • “Product reserved”: Limited stock is temporarily in other Customers’ carts, but the Product may become available soon.
    • “Product unavailable – contact the Seller”: The Product is not currently available for sale, but the Customer can inquire with the Seller about its future availability or custom production.
  8. The Seller reserves the right to modify Product descriptions and prices at any time, provided that changes do not affect Orders placed before the modification date.

DELIVERY OF PRODUCTS

  1. The Seller offers Product delivery services to the address specified by the Customer.
  2. Delivery is limited to the territory of the Republic of Poland.
  3. The Seller does not offer self-pickup options for Products purchased in the Online Store.
  4. Deliveries are carried out by the Seller via a transport or courier company to the address provided in the Order.
  5. Delivery costs are not included in the listed Product prices and depend on the size and quantity of the purchased Products.
  6. The Seller will deliver the Products within 30 days from the date of the Sales Agreement.
  7. Delivery generally occurs on Business Days during the working hours of the transport or courier company used by the Seller.
  8. If delivery cannot be completed within the specified time due to reasons such as courier company delays, the Seller will inform the Customer and allow them to choose between a later delivery date or canceling the Sales Agreement. In the case of cancellation, the Seller will refund the payment within seven Business Days.
  9. Customers are advised to inspect the Products upon delivery with the courier’s presence for visible damages. If damage is detected, a report should be written, and the damaged Product returned to the Seller, facilitating faster complaint resolution or refunds.
  10. The ownership of the Products passes to the Customer only after full payment of the purchase price.

PLACING ORDERS

  1. Orders can only be placed via the Online Store in accordance with the rules outlined in this section.
  2. The order process begins when the Customer adds Products to the Cart by clicking “Product available – add to cart.”
  3. Products added to the Cart are reserved for the Customer and will remain in the Cart for up to ___ minutes.
  4. The Cart can contain any number of Products, and the Customer may modify its contents at any time by adding or removing Products.
  5. By clicking on “Cart” or “Go to Cart,” the Customer can choose the payment method and view delivery costs for the selected Products.
  6. After completing the Order and reviewing the final delivery costs, the Customer places the Order by clicking “Order.”
  7. After clicking “Order,” the Customer will be prompted to log in to their Account or initiate the Registration process.
  8. Upon logging into their Account, the Customer can review and modify their Order, specify the delivery address, and indicate whether they require a VAT invoice.
  9. By accepting the Terms and Conditions during Registration, the Customer consents to receive VAT invoices electronically to the email address provided during Registration or through their Account.
  10. In addition to the consent in point 9, the Seller can, upon the Customer’s request, issue and send a traditional VAT invoice to the correspondence address provided by the Customer.
  11. The consent in point 9 can be withdrawn by the Customer at any time by submitting a written statement via email to contact@befame.com or by other means specified.
  12. If all data in the Order is correct, the Customer finalizes the Order by clicking “Order with obligation to pay.” This constitutes the conclusion of the Sales Agreement, which is binding for both the Seller and the Customer.
  13. The Seller will notify the Customer of the Order placement and conclusion of the Sales Agreement via an email sent to the Customer’s email address provided during Registration.
  14. After clicking “Order with obligation to pay,” the Customer is redirected to the “Payment” page to complete the payment.
  15. After completing the payment, the Customer will receive a confirmation email from the Seller acknowledging receipt of payment and providing the Order status.
  16. The Customer can check their Order status at any time by logging into their Account and navigating to the “Orders” section.

PAYMENT METHODS

  1. The Customer can pay for their Order using the following methods:
    • Online bank transfer via internet banking,
    • “Quick transfer” or credit/debit card payment via Przelewy24,
    • BLIK,
    • Cash on delivery (COD) to the courier during delivery, payable in cash or by card.
  2. Depending on the chosen payment method:
    • For online bank transfers, the Customer will receive the Seller’s bank account details, payment amount, and transfer title. Payment must be completed in advance, and the Products will be shipped after the payment is credited to the Seller’s account.
    • For quick transfers or card payments via Przelewy24, the Customer will be redirected to Przelewy24’s portal to complete the payment.
    • For BLIK payments, the Customer will be prompted to provide a BLIK code generated in their banking application.
    • For cash on delivery, the Customer pays the courier upon delivery. If the courier cannot accept card payments due to technical issues, cash payment is required.
  3. The “quick transfer” and BLIK payment services via Przelewy24 are provided by DialCom24 Sp. z o.o., based in Poznań, Poland, entered into the National Court Register under KRS number 0000306513.
  4. The “card payment” service via Przelewy24 is provided by PayPro S.A., based in Poznań, Poland, entered into the National Court Register under KRS number 0000347935.
  5. Detailed terms of payment via Przelewy24 are available on their website: www.przelewy24.pl.

CUSTOMER’S RIGHT TO WITHDRAW FROM THE SALES AGREEMENT

  1. A Customer who is a Consumer has the right to withdraw from the Sales Agreement without providing a reason within 14 days from the date of receiving the purchased Products.
  2. Exceptions to the right of withdrawal are specified in Article 38 of the Act of May 30, 2014, on Consumer Rights. For example, the right to withdraw does not apply to non-prefabricated Products made according to the Consumer’s specifications or tailored to their individual needs.
  3. Withdrawal is executed by submitting a written or electronic statement of withdrawal within the specified timeframe. The statement can be sent via mail, fax, or email to contact@befame.com.
  4. The Seller provides a withdrawal form in the Customer’s Account, which can be used for convenience but is not mandatory.
  5. After submitting the withdrawal form electronically, the Customer will receive confirmation from the Seller.
  6. Upon withdrawal, the Sales Agreement is considered null and void, and mutual obligations between the Seller and Customer must be reversed.
  7. The Seller will refund the total purchase price, including delivery costs, within 14 days from receiving the withdrawal notice. Refunds will be made using the same payment method unless the Customer agrees otherwise.
  8. The Seller may withhold the refund until the returned Products are received or proof of shipment is provided, whichever occurs first.
  9. The Customer must return the Products at their own expense within 14 days of submitting the withdrawal notice.
  10. The Consumer is responsible for any reduction in the Product’s value resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning.

COMPLAINTS ABOUT PRODUCTS PURCHASED BY CONSUMERS

  1. Consumers are entitled to lodge complaints regarding Products purchased in the Online Store in accordance with the provisions of the Civil Code concerning warranty for physical and legal defects of sold items, taking into account the provisions specifically related to Consumers.
  2. The Seller is liable for defects found in the Products within two years from the date of delivery to the Consumer, provided the Consumer was unaware of the defect at the time of the Sales Agreement.
  3. Under the warranty for physical defects, the Consumer may request:
    • Repair of the defective Product,
    • Replacement of the defective Product with a defect-free Product,
    • Price reduction,
    • Withdrawal from the Sales Agreement if the defect is significant.
  4. Complaints may be submitted in any legally permissible form chosen by the Consumer. For convenience, the Seller provides a complaint form available on the website ______________________.
  5. The complaint will be processed promptly, no later than 14 days from the date the complaint is received by the Seller.

COMPLAINTS ABOUT PRODUCTS PURCHASED BY NON-CONSUMERS

  1. Non-Consumers are also entitled to lodge complaints about Products purchased in the Online Store, in accordance with the provisions of the Civil Code on warranty for physical and legal defects of sold items. However, the provisions specific to Consumers are excluded, and the terms are modified as follows:
  2. The Seller is liable for defects in the Products found within two years of delivery to the non-Consumer, provided the defect was unknown at the time of the Sales Agreement.
  3. Under the warranty for physical defects, non-Consumers may request:
    • Repair of the defective Product,
    • Replacement of the defective Product with a defect-free Product,
    • Price reduction.
  4. If the non-Consumer requests repair or replacement, they must deliver the defective Product to the Seller’s registered address at their own expense.
  5. The costs of repair or replacement of defective Products are borne by the Seller, with the exception that the Seller is not obligated to provide a replacement Product during the repair or replacement process.

PROCESSING OF PERSONAL DATA

  1. For the purposes of concluding and performing the Sales Agreement, as well as marketing the Products offered in the Online Store, the following personal data of the Customer will be collected:
    • Full name,
    • Residential address,
    • Delivery address,
    • Email address,
    • Phone number,
    • Data required for issuing a VAT invoice, such as the name or company name of the Customer’s business, business address, and VAT ID number.
  2. The administrator of personal data is the Seller, BFM Home Sp. z o.o., headquartered in Bielsko-Biała (43-300), Piekarska Street 130.
  3. Personal data will be stored for the period necessary to achieve the purposes outlined in point 1.
  4. The Customer has the right to access, correct, delete, or restrict the processing of their data, as well as the right to object to the processing and transfer of data.
  5. Personal data will be processed based on the Customer’s consent provided during Registration. Consent may be withdrawn at any time.
  6. Withdrawal of consent for data processing will result in the deletion of the Customer’s Account.
  7. Providing personal data is necessary to conclude and perform the Sales Agreement and for marketing services.

PROMOTIONS

  1. The Seller may organize promotional campaigns involving discounts on one or more Products or other sales conditions.
  2. Promotions cannot be combined unless explicitly stated in the promotion terms.
  3. Promotions do not apply to Sales Agreements concluded before the start date of the promotional campaign unless explicitly stated otherwise in the promotion terms.

NEWSLETTER

  1. Anyone interested may subscribe to the Online Store’s Newsletter.
  2. To subscribe, the interested person must provide their email address to receive information about new products, promotions, and offers in the Online Store.
  3. Subscribers will receive the Newsletter electronically if they voluntarily consent to the processing of personal data and receiving electronic correspondence from the Seller.
  4. Subscribers can unsubscribe from the Newsletter at any time by clicking the unsubscribe link in the email or contacting the Seller directly.

ADDITIONAL FUNCTIONALITIES

  1. Customers with an Account may post reviews about Products on the Online Store under each Product description.
  2. Reviews must comply with applicable laws, social norms, and good practices.
  3. Reviews should be written in Polish and adhere to proper language standards.
  4. The Seller is not liable for the content of Customer reviews, as they represent subjective opinions.
  5. To post a review, Customers must provide their username (full name or nickname), email address (not visible to other readers), product rating, review title, and review description.
  6. Usernames must not violate personal rights, offend feelings, or contravene social norms or good practices.
  7. If the Seller deems a username or review inappropriate, the Seller may refuse to publish the review.
  8. The Seller reserves the right to delete any review, in whole or in part, without providing a reason.
  9. By posting a review, the author grants the Seller a free license to use the review on all exploitation fields mentioned in Article 50 of the Act of February 4, 1994, on Copyright and Related Rights.

FINAL PROVISIONS

  1. These Terms and Conditions come into effect on April 1, 2020.
  2. The Terms and Conditions are available to Customers at any time on the website ____________________.
  3. The Seller reserves the right to amend the Terms and Conditions. Customers will be notified of any changes via email. Amended Terms and Conditions will take effect 14 days after being published on the website.