Zasady i warunki
TERMS AND CONDITIONS
1 – Introduction
The present General conditions of sale are finalized to regulate the offer and the sale of products between Bestway Eastern Europe Sp. z o.o. and its customers, and they are intended as the reference for each transaction processed through the website: www.bestway.pl For all matters not expressly contemplated in these terms and conditions, reference shall be made to the legislation that applies to online transactions. In any event, for any doubts you may contact our Customer Service through the Website at the following e-mail address: [email protected] These General conditions of sale may be modified at any time. Any amendments and/or new conditions will be in force from the moment they are published in the Terms and Conditions page.
2 – Subject
a)The present Conditions regulate the online sale of Products branded Bestway (i.e. every material good offered for sale by Bestway Eastern Europe Sp. z o.o. on the website www.bestway.pl by Bestway Eastern Europe Sp. z o.o. to Customers (natural or legal person who registers on the website and purchases the Products).
b)The Contracts are regulated by Directive 2019/771 and its local transposition and successive amendments
3 – Prices
a)All the prices indicated on the website www.bestway.pl are in PLN and include VAT (Value Added Tax). Bestway Eastern Europe Sp. z o.o. may change the prices at any time, the prices indicated in the order and in the order confirmation, as set out in point 5 below, must be considered valid and binding in the specific transaction.
4 – Registration & Privacy
Any user is free to browse the website. However, to purchase an order, the user must fill in the relevant form or register. The registration to the website is free of charge. By registering, the Customer must declare to have reached the age of majority, to have read the information note concerning the processing of Personal data and to give the consent to such processing. The data submitted by the Customer may be subsequently modified by the latter in the personal data section. Registration on the website will be confirmed to the User by e-mail.
b) Regularly will be sent newsletters showing the main promotions and sometimes also personalised promotions (which are not highlighted in the home page). The newsletter is sent to the e-mail address provided during registration. In order to receive the newsletter, it is required to expressly authorise the sending during the registration procedure.
5 – Orders, Order Confirmation, Product Availability
a) The Customer will proceed with the order in the manner specified on the website. The order submitted by the Customer will be binding for Bestway Eastern Europe Sp. z o.o. only if the entire order procedure has been regularly and correctly completed, without any error notification displayed on the website.
b) Within 72 hours from the order receipt Bestway Eastern Europe Sp. z o.o. will issue the related confirmation of the completed order, which will be sent to the Customer by e-mail to the address indicated by the Customer in the registration form. Only registered users can consult their order form in the section "My Orders".
c) Il The order may not be processed if the Customer has not filled in all the mandatory fields in the registration form. Failure to send the order confirmation by the deadline indicated above, shall be deemed as non-acceptance of the order.
d)The order confirmation will summarise the conditions applicable to the sale, the main features of the Products, the information about price and the shipping costs (with evidence of the applied taxes), as well as the terms for exercising the right of withdrawal in accordance with the applicable law.
e)Considering the fact that the possibility of sending on-line orders by more than one Customer at the same time can modify in real time the stock of the Products, Bestway Eastern Europe Sp. z o.o. does not guarantee the availability of the products, undertaking however to inform Customer promptly of any impossibility to complete the purchase contract.
6 – Payment methods and invoicing
a)The Customer may purchase the products in the following ways, which must be carried out prior to the delivery:
1. Online/Payment card: credit card and prepaid credit card (Visa, Mastecard, PayPal). 2. All data will be protected during the transaction and treated with the strictest confidentiality. 3. We accept all credit cards, as well as prepaid cards, except Diners and Jcb.
b) The payment must be done by the Customer within 1 (one) day after receipt of the order confirmation. If this deadline is not met, the order shall be automatically cancelled.
c)The goods are delivered always together with a regular accompanying document issued at the moment of shipment. The customer may request a copy of the invoice, or its modification, no later than the last day of the month in which the purchase was made.
7 – Order modification or cancellation. Checking the status of orders.
The order can be cancelled or modified until the payment has been confirmed. If the payment has not been yet confirmed, the order will be displayed in the section "My orders", as "pending payment" or "cancelled" if the payment was not successful. It will be possible to try to make the payment again by clicking on "Reorder". If the order has already been purchased, it may not be possible to cancel it, in this case you can contact our customer service or open the procedure for returning goods.
8 – Delivery and shipping costs
The Products will be delivered to the shipping address indicated by the user in the order form by the courier specified in the order confirmation; the customer will be notified of the delivery by e-mail to the address entered in the registration form.
At the moment, when the goods are collected, the Customer must check the integrity and number of packages, notifying immediately the courier of any tampering or missing items, where possible, and, in this case, expressly stating a reservation to check the goods on the shipping document (accompanying invoice) received by the courier. It is recommended, however, that the user promptly notifies the customer service, as well.
9 – Legal guarantee of conformity
All Products comply with the applicable EU regulations and, where applicable, are covered by the manufacturer's or importer's warranty, in accordance with the provisions of the current legislation (Directive 2019/771 and local transposition and succesive amendments). The seller is responsible to the consumer for any defect of conformity occurring at the time of delivery of the goods and which manifests within 24 months from the date of purchase, in accordance with the provisions of applicable law. To receive assistance on products under warranty please contact customer service by sending an email to: [email protected]
The option for the customer to return the product will be considered" // "The product will remain the property of the customer".
For assistance with products under warranty, you can contact customer service by sending an email to [email protected].
10 – The right of withdrawal and return of goods
a) The consumer has the right to withdraw from the online contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) days starting from the day of the purchase.
b) The right of withdrawal is exercised by sending, within the deadline, a written communication to Bestway Eastern Europe Sp. z o.o., by sending this written communication to [email protected].
c) This communication must specify the intention to withdraw from the purchase with the identification of products for which the right of withdrawal is being exercised, attaching a copy of the invoice or order confirmation.
d) Once this communication has been made, the Client must return the product by sending it to Bestway Eastern Europe Sp. z. o.o. – Ekologiczna 24, 05-080 Klaudyn, Poland - within 7 (seven) working days starting from the date of receipt of confirmation from Bestway Eastern Europe Sp. z. o.o. to proceed with the return. The only costs incurred by the consumer in exercising the right of withdrawal, in accordance with the applicable law, are the costs of returning the goods to the sender.
e) After completing the withdrawal form, the following instructions must be followed for the returning of the goods:
- The purchased product must be integral and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment - manuals, any spare parts, etc...) and all tags must be intact. - It is forbidden to affix labels or adhesive tape directly on the original product packaging. - The purchased item must be returned in normal state of preservation, as received: therefore, products that have been used and show signs of damage, wear or dirt, and which consequently can no longer be considered intact, will not be accepted. - The Customer shall affix the label or order number on the returned box.
f) If the right of withdrawal is exercised by the consumer in accordance with the provisions of the law, we will refund the amount paid by the consumer for the purchase, except for shipping costs, the amount refunded will be therefore net of delivery costs. Bestway Eastern Europe Sp. z. o.o. will refund the amount with the same payment method used by the consumer for the purchase of goods. The refund shall be made free of charge, as soon as possible and in any event within (30) thirty days from the date of receiving notification of the consumer's exercise of the right of withdrawal.
g) To exercise the right of withdrawal, the Customer may use the following form which is copied here in accordance with the provisions of Directive 2011/83/EU Annex 1-B:
To: Bestway Eastern Europe Sp. z o.o.
Address: Ul.Ekologiczna 24, 05-080 Klaudyn, Poland
Mail: [email protected]
I hereby give notice that I withdraw from my contract of sale of the following goods: .................................
Ordered on: ............................
Order number (if applicable): ...................
Received on: .........................................
Name of consumer: .........................................
Address of consumer: .......................................
Signature of consumer: .....................................
Date and place: ......................................
11 – Cookie reference
12 – Applicable Law and Jurisdiction
a)These general terms and conditions and any disputes that may arise in relation to their application, interpretation and execution shall be governed by Polish law and the competent court, as provided by applicable legislation.
13 – Procedure Adr (Alternative Dispute Resolution)
a)The Consumer has the right to appeal to the competent national authorities in the context of ADR procedures (ALTERNATIVE DISPUTE RESOLUTION) in accordance with the provisions contained in EU Directive No. 2013/11/EU.
14 – Customer Service and Complaints
a)It is possible to request information, to send communication, to ask for assistance or to forward complaints by contacting the Customer Service of Bestway Eastern Europe Sp. z o.o. by e-mail: [email protected]
15 – Contents available on www.bestway.pl
a) The contents available on www.bestway.pl are protected by copyright law and other laws and international treaties protecting intellectual property rights and, unless otherwise specified, their use is authorised to Users exclusively within the limits specified in this clause. The User is granted a personal, non-transferable and non-exclusive licence, for the duration of the Contract, for personal purposes only and never for commercial purposes and limited to the device in use by the User for the use of such content. Therefore, it is expressly forbidden for the User to copy and/or download and/or share (except within the limits set out below), modify, publish, transmit, sell, sub-licence, process, transfer/assign to third parties or create works derived in any way from the contents, including those of third parties, available on www.bestway.pl, nor allow third parties to do so through the Users or their devices, even without their knowledge. Where expressly indicated on www.bestway.pl, the User, for purely personal use, may be authorised to download and/or copy and/or share some of the contents made available on www.bestway.pl, on the condition that he faithfully follows all the copyright indications and the other indications provided by Bestway Eastern Europe Sp. z o.o..
b) Prohibited use. The Service must be used in accordance with the following terms. Users may not: perform reverse engineering, decompile, disassemble, modify or create derived works based on www.bestway.pl or any part of it; circumvent the IT systems used by www.bestway.pl or its licensors to protect the content accessible through it; copy, store, modify, change, prepare derived works or alter in any way any of the content provided by www.bestway.pl; use any robot, spider, search and/or site retrieval application, or any other device, process or automatic means to access, retrieve, scrape or index any part of www.bestway.pl or its content; rent, license or sublicense www.bestway.pl; defame, offend, harass, threaten or otherwise violate the rights of others; disseminate or publish content that is illegal, obscene, illegitimate, defamatory or inappropriate; illegally take over the account of another User; register or use the Service to approach Users in order to promote, sell or advertise in any way products or services of any type through www.bestway.pl; use www.bestway.pl in any other improper manner that violates the Terms.
c) Bestway Eastern Europe Sp. z o.o. reserves the right not to publish and moderate any comments that might be offensive, violent, defamatory and in general not in line with the code of ethics of Bestway Bestway Eastern Europe Sp. z o.o..