TERMS AND CONDITIONS
§ 1
Preliminary Provisions
1. The Bellera online store, available at www.bellera.pl, is operated by Marta Marciniak conducting business under the name Marta Marciniak, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax ID (NIP) 8291723396, REGON 386149390.
2. These Terms and Conditions are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with a Consumer through the Store.
§ 2
Definitions
1. Consumer – a natural person concluding an agreement with the Seller through the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – a natural person conducting business under the name Marta Marciniak, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, Tax ID (NIP) 8291723396, REGON 386149390.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality to which a separate act grants legal capacity, conducting business in their own name, who uses the Store.
5. Store – the online store operated by the Seller at www.bellera.pl
6. Distance Agreement – an agreement concluded with the Customer within an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the agreement.
7. Terms and Conditions – these Store Terms and Conditions.
8. Order – a declaration of intent by the Customer submitted via the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account – a customer account in the Store, where data provided by the Customer and information about Orders placed in the Store are collected.
10. Registration Form – a form available in the Store enabling the creation of an Account.
11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – a software element of the Store in which Products selected by the Customer for purchase are visible, and where it is possible to establish and modify Order details, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a sales agreement for a Product concluded or being concluded between the Customer and the Seller through the online Store. The Sales Agreement also means – depending on the characteristics of the Product – a service agreement and a contract for work.
§ 3
Contact with the Store
1. Seller’s address: ul. Łaska 142a, 98-220 Zduńska Wola
2. Seller’s email address: contact@bellera.pl and shop@bellera.pl
3. Seller’s bank account number: 67156000132013649330000001 VeloBank
§ 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing
Orders for Products, the following are required:
a. an end device with Internet access,
b. an active email account,
c. cookies enabled,
§ 5
General Information
1. The Seller, to the fullest extent permitted by law, is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
3. Prices stated in the Store are given in Polish zloty and are gross prices.
4. The final (total) amount payable by the Customer consists of the price of the Product and the cost of delivery (including charges for transport, delivery, and postal services), about which the Customer is informed on the Store’s pages during the placement of the Order, including at the moment of expressing the intention to be bound by the Sales Agreement.
§ 6
Creating an Account in the Store
1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: first name, last name, email, delivery address, phone number.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by providing the username and password established in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7
Rules for Placing an Order
To place an Order, you must:
1. log into the Store (optional),
2. select the Product that is the subject of the Order, then click the “Add to Cart” button,
3. log in or use the option to place an Order without registration,
4. if you have chosen the option to place an Order without registration – complete the Order Form by entering the Order recipient’s details and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery),
5. in the order comments, you may provide invoice details including the Tax ID (NIP) number,
6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period,
7. accept the Bellera Store Terms and Conditions,
8. click the “Order and Pay” button.
§ 8
Available Delivery and Payment Methods
1. The Customer may use the following delivery or collection methods for the ordered Product:
a. InPost Courier,
b. Personal collection available at the Bellera store address: ul. Plac Wolności 10/2, 98-220 Zduńska Wola
c. Parcel Lockers
d. International shipping (Germany, France, Sweden, Belgium, Spain, Ireland, Czech Republic, Netherlands, and Italy)
2. The Customer may use the following payment methods:
a. Payment by bank transfer to the Seller’s account
b. Electronic payments – Przelewy24 including BLIK, Payment Card, and PayPo
c. PayPal and Klarna (temporarily suspended)
3. Detailed information on delivery methods can be found on the Store’s pages.
§ 9
Performance of the Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate email to the email address provided during the placement of the Order, which contains at least the Seller’s declarations of receipt of the Order and its acceptance for fulfillment, and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, the Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer selects:
a. payment by traditional bank transfer or electronic payment, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period specified in its description (subject to paragraphs 5 and 8 of this section), in the manner selected by the Customer when placing the Order.
5. A. In the case of ordering Products with different delivery times, the delivery time is the longest stated period.
B. In the case of ordering Products with different delivery times, the Customer may request delivery of Products in parts or delivery of all Products after the entire order has been completed.
6. The start of the Product delivery period to the Customer is calculated as follows:
a. If the Customer selects payment by bank transfer or electronic payment – from the date the Seller’s bank account is credited.
6. If the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the period specified in the Product description. The Customer will be additionally informed of the Product’s readiness for collection by the Seller by sending an appropriate email to the email address provided during the placement of the Order.
7. Product delivery takes place within Poland and to Germany, France, Sweden, Belgium, Spain, Ireland, Czech Republic, Netherlands, and Italy.
8. Products made to the Customer’s special order are completed within 15 business days.
§ 10
Right of Withdrawal from the Agreement
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or a person other than the carrier indicated by them.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the expiry of that period.
5. The declaration may be sent by traditional mail or electronically by sending the declaration to: contact@bellera.pl. The declaration may also be made using the form template provided in Appendix No. 1 to these Terms and Conditions.
6. If the Consumer sends the declaration electronically, the Seller will immediately send the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement to the email address provided by the Consumer.
7. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from a distance Agreement, the Agreement is considered not to have been concluded.
b. In the case of withdrawal from the Agreement, the Seller will refund to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by them for the products.
c. The Seller will make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.
d. The Seller may withhold the refund until the Product has been received back or until proof of its return has been provided, whichever occurs first.
e. The Consumer should return the Product together with the receipt and the form or their own letter to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product together with the receipt before the expiry of the 14-day period.
f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary post.
g. The Consumer is only liable for any diminished value of the Product resulting from handling it in a way other than what was necessary to establish the nature, characteristics, and functioning of the Product.
h. The Product must be returned unused and in undamaged condition and packaged so that it will not be damaged during transport. Preferably in the original box or bubble envelope.
8. The right to withdraw from a distance agreement does not apply to the Consumer in relation to an Agreement:
a. in which the subject of the service is a non-prefabricated item, produced according to the Consumer’s specifications or serving to satisfy their individualized needs – here in the case of a custom order,
b. in which the subject of the service is an item delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, they will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of the service are items that, after delivery, due to their nature, become inseparably connected with other items.
§ 11
Complaints and Warranty
1. The Sales Agreement covers new Products.
2. The Seller is obliged to deliver to the Customer an item free from defects.
3. In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions concerning warranty in the Civil Code.
4. Complaints should be submitted in writing or electronically. To streamline the complaint procedure, the Seller recommends using the complaint form template (Appendix No. 2).
5. To streamline the complaint procedure, it is recommended to provide the following information in the complaint: the buyer’s first and last name, correspondence address, email address, type of product being complained about (catalog number/name), date of purchase of the product, photo or original receipt, description of the defect, date the defect was noticed, preferred method of notification about the complaint resolution, the complainant’s request, and it is recommended to send a document confirming the purchase of the product from the Seller.
6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if they do not do so within that period, the Customer’s request is considered justified.
7. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Terms and Conditions.
8. All products offered in the Store are covered by a 2-year warranty.
9. The warranty covers hidden defects, not those that arise as a result of improper use of the product. Defects covered by the warranty include all aspects related to the durability of the product, i.e., including construction defects (in particular related to the durability of rivets and seams). In particular, the warranty does not cover natural processes of change in the appearance of natural leather, its discoloration and natural aging, because these changes result from the properties of the material used.
10. If consumer goods are not in conformity with the agreement, the buyer may request that they be brought into conformity with the agreement by free repair or replacement with new ones, unless repair or replacement is impossible or requires excessive costs (only then is a cash refund possible).
§ 12
Personal Data in the Online Store
1. The controller of Customers’ personal data collected through the online Store is the Seller.
2. Customers’ personal data collected by the controller through the online Store are collected for the purpose of performing the Sales Agreement, and if the Customer consents – also for marketing purposes.
3. Recipients of personal data of online Store Customers may be:
a. In the case of a Customer who uses postal or courier delivery in the online Store, the Controller discloses the collected personal data of the Customer to the selected carrier or intermediary carrying out shipments on behalf of the Controller.
b. In the case of a Customer who uses electronic payment or payment card methods in the online Store, the Controller discloses the collected personal data of the Customer to the selected entity handling the above payments in the online Store.
4. The payment card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000347935, Tax ID (NIP) 7792369887, REGON 301345068.
5. The Customer has the right to access the content of their data and to correct it.
6. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude that agreement.
§ 13
Legal Reservations
1. All texts, photos, proper names, and product descriptions in the Store are protected by copyright. Copying and distributing them, using them for commercial purposes, or presenting them on other websites without the Seller’s consent is prohibited.
§ 14
Final Provisions
1. Agreements concluded through the online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
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