Terms & Conditions

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

Offers

Unless otherwise agreed, deliveries shall be performed in accordance with the presented sample or model and its description. Colour, structure and processing shall be subject to change. Furthermore, any information shall be subject to errors due to technical deficiencies of our shop system or incorrect information provided by our suppliers.

Territorial Validity of our Offers and Prices

All prices are strictly net and include value-added tax in the case of delivery prices and shipping charges. Our offers are valid in France. For electronic appliances, a prepaid recycling charge is included in all prices. In this way, we make a contribution to the environmentally friendly disposal of light fixtures. The indicated delivery prices and shipping charges shall not apply to any orders with delivery addresses at remote locations. For such orders, please enquire about our conditions of shipment or delivery. We shall be happy to make you a favourable offer.

Conditions of redeeming vouchers in promotional campaigns

If not established otherwise, the voucher is only redeemable on products from the offer in our shop beliani.fr. The voucher can’t be redeemed via a mobile application. The voucher is not usable on service. The voucher can’t be exchanged for other vouchers and/or gift cards. You can redeem only one voucher per order. It can’t be combined with other vouchers and gift cards. The terminal value of not-redeemed vouchers is lost. Cash payment isn't possible. This voucher can't be charged on prior order. The voucher can be redeemed only on products from the offer. A voucher is available for an amount of time described in the offer

Delivery

We shall deliver our goods within the indicated delivery periods according to the product description. This shall not apply to any cases for which we are not responsible. Deliveries shall only be made to the curbside and not to the home, maximally to the point to which the carrier can drive his vehicle.

The time specified in the dates are related to working days (from Monday to Friday) and not to calendar days (weekend and public holidays).

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

Please remember that at the customer's request, the cardboard box can be disposed of by the transporter during assembly. However, if you wish to return the furniture, all products must be disassembled, provided in the original box and made ready for pickup on the curb. Some products are delivered to the customer directly from the producer on the disposable palette. A disposable palette, which as in the case of cardboard and other packaging should be removed by the customer at his own cost. The delivery company does only collect reusable pallets.

Time of Ordering, Ownership

The contract between the Seller and you as the Customer shall come into existence at the time and date when you accept the General Terms and Conditions and bindingly confirm an order on our website. You as the Customer hereby recognise the logged content of our website as a means of evidence. You shall receive an email containing your order as a confirmation if correct information has been provided.

Limitation of ownership; Netting; Right of retention

1) For consumers we reserve the ownership of underlying purchased item till full payment of the bill. If you are an entrepreneur exercising your business activity or self-employed, a legal individual under public law or public sector fund, we retain the ownership of underlying purchased item till consolidation of all outstanding claims from the business transactions with the customer. The relevant security rights can be transferred to third parties.

2) A right of netting is available for you if your counterclaims are legally established or recognized or accepted from our side. You also have a right of retention only if and when your claim is related to the same contract.

3) If the customer possesses any default payment obligations towards us, all existing receivables are due immediately.

Payment Methods: Debit Card

By direct debit the payment amount will be due for immediate payment by direct debit to current account of indicated credit institute (current account) specified in ordering process via our external partner the Seller. Learn more here. Herewith you revocably authorize the Seller to collect payments to be made by you using direct debit from your current account by direct debit. If the current account has insufficient funds to cover the direct debit, there is no obligation for the credit institute to honour the payment. Partial payments are not admitted by direct debit.

The direct debit does not apply to all offers and requires a successful creditworthiness check performed by Billpay GmbH as well as opened in Germany current account. In case if after the creditworthiness check of specific order the customer is allowed to use direct debit form of payment, the payment process will be initiated in cooperation with Billpay GmbH, to whom we transmitted our invoice claim. In such case the customer can make payments with debt-discharging effect only to the Billpay GmbH. By direct debit via Billpay we are still to be responsible for general customer requests (e. g for goods, delivery time, dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions of Billpay GmbH, which can be found here apply.

With indication of the current account you are confirming that you are entitled to direct debit from your corresponding current account and ensure necessary coverage. Return debits require more effort and are more expensive for us and for Billpay GmbH. In the case of return debit (due to not sufficient coverage of the current account, as a result of close of the current or unauthorized objection of the account holder) you authorize Billpay to submit direct debit for currently due payment obligations once again. In such case, you are obliged to pay a processing fee of EUR 12.00 per return debit. Further claims are reserved. You will have the option to prove that there are less or no costs arised from return debit. Considering the efforts and costs for direct debits and in order to avoid the processing fee we kindly ask you not to reject the direct debit in the event of a cancellation or a withdrawal from the purchase contract, a return or a complaint. In such case, after our approval cancellation of payment by repayment of the corresponding amount or by credit will follow.

Payment Methods: Credit Card Payments

For processing the Seller, Lindenstrasse 16, 6341 Baar, Switzerland credit card payment orders, responsibility is taken by Six Company based in Switzerland. A bank issuing a credit card may alternatively demand additional payments for foreign transfers, which shall not be covered by us.

Payment Methods: Klarna

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

Copyright

The copyright to the design of our website and to its contents, including but not limited to texts and graphics, is held entirely by the Seller. Without our prior written consent, it shall not be permitted to copy, download or otherwise use any part thereof for one’s own purpose. This shall not apply to our special links that are provided for downloading.

Liability and Applicable Law

We shall not be liable for any damage that we could not have influenced ourselves. For any damage which results from the purchase, shipment or use of the products and which we could have prevented, we shall be liable up to the purchase amount of the product. The maximum amount of loss shall be limited to 500 € in any case. For any offsetting of claims, the consent of both Parties shall be necessary. In the case of any damage or complaints, the Parties shall undertake to initially seek direct contact or to use all other possibilities of arbitration prior to resorting to litigation. Swiss law shall apply. The place of jurisdiction shall be Baar.

Complaints and Warranty

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

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

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

You may return any goods within 14 days.

Any damage resulting from wear and tear, ageing or improper handling shall be excluded from the warranty. The minor damages are defined as any damages not noticeable with a bare eye in natural lighting conditions from the distance of 3 meters standing diagonally to a damaged product. Under warranty, the customer has to return the product within 14 days after discovering the defect to the warehouse address specified by the seller. In case of a replacement or an exchange, Beliani bears the shipping costs.

Defects shall be rectified by the Seller free of charge, unless the Seller prefers to provide faultless goods by way of replacement. Any further claims shall be excluded. For defects that are not covered by the warranty of the seller, the buyer will receive a suitable offer. Under warranty, the customer has to return at his expense the goods within 14 days after discovery of the defect to the warehouse address the seller is specifying.

All the services (payment fees, home delivery, installation, etc.) are excluded from the refund. In case of technical products or built-in appliances, the customer has to identify the faulty part himself or ask a qualified technician to do so, and send the item to us.

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

Warranty on the Mattresses

Because we strongly believe in high quality of our mattresses, we give a 2-year warranty. The warranty covers defects related to the mattress design and construction. Applies to private use only. The warranty covers following defects:

• springs in spring mattress
• filling in foam mattress
• filling in latex mattress
• electric motor in electric, adjustable bed (a two-year warranty)

The warranty does not apply to mattress pad and topper. Furthermore, it does not cover defects related to inappropriate use e.g. splitting, tears, sagging, scratches, and stains caused by the buyer after the product delivery. In such cases, warranty does not apply. The warranty is also not applicable to any defects resulting from improper use, bad assembly, lack of maintenance or incidental and consequential damages. The warranty does not apply in case of improper repair attempts, alteration or customization by an unauthorised person. The warranty does not cover zippers, handles and moulding of the product. Repair or replacement of the product does not change the warranty duration. The warranty is only valid if the correct bed frame was used for the product. In case of a pocket mattress with flexible cold foam or latex mattress, the bed frame should have at least 26 slats. The client must send the product at their own expense to our warehouse for damage evaluation. If the product is withdrawn from sale by that time, the seller decides on a proper replacement.

Refund Policy

In accordance with the Consumer Law, the Buyer may withdraw from the contract of sale within 14 days after receiving the goods without stating the reasons.

Excluded from free returns are hygiene aticles (such as bath tubs, hot tubs).

In order to withdraw from the purchase contract, the Buyer has 14 days post receiving the goods, during which they must file a statement to the Seller in this regard. The Buyer then receives a ticket number, which must be attached to the returned goods. Returns without this number will not be accepted.

In case of returning the goods, the returns are carried out at the Seller’s cost. The Seller will have the goods retrieved within 14 days after goods being prepared for shipping; unless the Buyer organizes the return transport themselves.

Returns

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

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

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

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

Unpaid parcels will not be accepted.

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

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

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

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

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

Return address:
Kuehne+Nagel Transport Société, c/o Beliani
ZI Est 7a Rue de l'Industrie
68700 Cernay
France

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

If you have questions regarding a return, our customer service team is happy to assist you.

Transportation risks, damages and transport insurance

Transportation is at the risk of the customer, but is partially covered by a transport insurance. The customer is obliged to immediately review the accuracy, completeness and integrity of the goods delivered or picked up. The damage of the goods delivered or collected must be reported to us no later than 24 hours after delivery by written notification. The original packaging must be kept by the customer in case of a claim, it should only be disposed after written confirmation from us. At the end of the order process, the client can optionally purchase a transport warranty, it may cover any loss and damage during transportation. A transportation warranty covers damage and loss during the transport up to the value of the goods at the time of ordering. The customer can only get a repair, exchange (new delivery) or a financial compensation up to the value of the goods. The decision to repair, exchange or financial compensation can be decided only by the seller. The damage of the goods delivered or collected must be reported to us by e-mail within 24 hours. The customer is obliged to meet these deadlines to take advantage of the warranty. The shipping warranty is not available if it was not purchased during the ordering process. In case of a product return, the amount of the transportation warranty will not be refunded. Repairs carried out by the customer without consent from us can not be further processed in the warranty.

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

365 days for product return

Your satisfaction is most important for us. If you do not like your product or it doesn’t fit, you can return it within 365 days. It looks as following:

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

Disclaimer

Persons retrieving information from websites of the Seller declare that they agree to the following conditions. Possible special agreements concerning specific services or products of the Seller are effective alongside these conditions.

No warranty for completeness and accuracy

The data published on the website is provided by the Seller exclusively for personal use as well as for information purposes, it can be amended at any time without advance notice. The Seller assumes no warranty (neither explicitly nor tacitly) for the accuracy, completeness and topicality of the data published on the Seller website, even if the required thoroughness was applied in collecting it from sources deemed to be trustworthy. In addition, the Seller disclaims all liability for deviating or incomplete assembly instructions.

Liability limitations

The Seller excludes unconditionally any liability for loss or damage of any kind - be it for direct, indirect or consequential damage - that may arise from the use, respectively the access to the Seller website or from links to third party websites. The Seller does not guarantee that the individual segments of its website function flawlessly. In addition, the Seller rejects any liability for unauthorised tampering with the Internet users’ computer system. Thereby, the Seller points explicitly to the dangers of viruses and the possibilities of targeted hacking attacks. In order to fight viruses we recommend the use of the latest browser versions as well as the installation of anti-virus software which is constantly updated. Opening e-mails of unknown origin and unexpected attachments in an e-mail should be categorically avoided.

TikTok

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

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

Pinterest

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

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

Using the Seller website

The entire content (design, text, graphics....) of the Seller website is protected by copyright. The individual elements of the website belong exclusively to the website operator, the Seller. Storing or printing individual pages and /or passages of the Seller website is only permitted if the complete source reference is indicated. By saving or otherwise reproducing software or other data from the Seller website, the respective terms and conditions of use count as being accepted. All rights of ownership remain with the Seller. Reproducing (entirely or partially), transmitting (electronically or otherwise), modifying, linking with or using the Seller website, is only permitted with the explicit and written permission of the Seller.

Linked websites

Certain links on the Seller website direct to third party websites. These are completely outside the Seller sphere of influence, therefore the Seller cannot accept any responsibility whatsoever for the accuracy, completeness and legitimacy of the content of such websites nor for possible offers and services contained therein.

Newsletter

The European Commission has established a European Online Dispute Resolution platform (ODR platform) intended for solving consumer disputes online.

Valid from 01.01.2022