1.1. These General Terms and Conditions govern the rights and obligations of the parties resulting from a distance contract between the seller Be Lenka s.r.o. with registered office at Anton Bernoláka 2202/12, 010 01 Žilina, Slovakia IČO: 51085291, VAT No .: 2120590197, company registered in the Commercial Register of the District Court of Žilina, Section Sro, insert no. 68526 / L (hereinafter referred to as the "Seller") and the purchaser of the purchase and sale of goods, as well as the delivery of custom-made goods on the e-shop website of the seller (hereinafter referred to as "E-shop").
The seller's contact details are as follows:
Business address: Be Lenka s.r.o. Martina Razusa 1133/9 010 01 Žilina, Slovakia
Tel. No.: +421 948 191 469
Bank Account number - IBAN: SK7483300000002001293158 for payments in EUR
Please do not pay for the ordered goods unless you receive an email from us with the payment details.
1.2. The General Terms and Conditions are an integral part of the Contract of Sale. If the Seller and the Buyer conclude a written Contract of Sale in which they agree on the terms which are different from the General Terms and Conditions, the provisions of the Contract of Sale shall refer to the General Terms and Conditions.
1.3 Key definitions:
E-shop – a computer system located in the Internet network with public access that enables to purchase goods.
Buyer - a person or legal entity who has concluded a Contract of Sale with the Seller.
Consumer - a person who is acting for the purposes which are outside their line of business, employment or profession, when concluding and performing the Contract.
Goods - products that are in the current offer of the E-shop www.belenka.com. The term "goods" shall mean "new goods", "used goods" and "custom-made goods" unless the context indicates otherwise.
New goods - goods that have not been used and are in the manufacturer's original packaging including all accessories.
Used goods - goods which have already been used and are designated as "used goods". The Buyer takes into account that the used goods may be worn out or may have defects caused by their use. The condition of the goods is specified on the E-shop in its description and any defects or wear and tear are taken into account in the price of the goods.
Custom-made goods – production of goods on the basis of the Buyer’s specific requirements, e.g. production of baby-carriers from fabrics provided by the Buyer.
Purchase price – total price in which the price of the goods is included, including the cost of delivery.
2. Electronic ordering and conclusion of the Contract of Sale
2.1. An electronic order for the purpose of delivering the goods shall mean:
2.1.1. An electronic form containing information about the Buyer, a list of ordered goods from the offer of the E-shop including the size of the goods, patterns, or accessories on the baby-carrier / jackets / jumpers, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system, or
2.1.2. an E-mail sent to the Seller's address stated in the E-shop contact details.
2.2. In case of the electronic ordering of production and delivery of baby- carriers, the Buyer shall order via the configurator.
2.3. An electronic order for the delivery of custom-made goods shall mean:
2.3.1 an electronic form which contains information about the Buyer, the size of the goods, information on the production from own baby-wraps, or textiles (fabrics), accessories on baby-carriers / jackets / jumpers, the total price of such goods and the delivery cost, the payment method and the delivery method processed by the electronic commerce system, or,
2.3.2. An e-mail sent to the Seller's address stated in the E-shop contact details.
2.4. The validity of an electronic order is conditioned by the provision of all required information in the registration form by the Buyer, including their phone contact.
2.5. In case of an order sent via e-mail, a natural person shall state first name, surname, permanent address, phone contact, e-mail, and a self-employed person or company shall indicate trade name or company name, address of the place of business or registered office, CRN (IČO), TIN (DIČ), phone and e-mail, and the list of goods of interest to the Buyer, and in case of production and delivery of children's carriers, the size of the child, pattern of the fabric (textile), or production from own fabric (textile) or accessories have to be specified. Also, the delivery address should be indicated if it is different from the billing address. All received electronic orders are considered a contract and are therefore binding.
2.6. The Contract of sale is concluded at the moment of acceptance of the contract by notification of receipt of the order by the Seller's electronic system. In the case of an e-mail order, the Contract of Sale is concluded at the time of sending an acknowledgment of receipt of the order to the Buyer.
3. Price terms
3.1. When ordering goods, a price published as the price of the goods shall apply to the goods. Selling prices in the E-shop shall be displayed in Euro. Delivery cost of goods or cost of custom-made production are not included in the price of goods, they will be added to the price of goods, according to the General Terms and Conditions.
3.2. Special offers and any other discounts shall apply for the time period during which the special offer stands, and subject to the conditions specified for each special offer or discount separately. Various special offers and discounts cannot be combined unless stated otherwise.
3.3. In case of delivery of goods or services abroad, the Seller is not responsible for the customs duties, fees and taxes incurred due to the transport of goods from the Slovak Republic. These costs shall be covered solely by the Buyer.
4. Method of payment
4.1. Cash on delivery - the Buyer shall pay the courier for the goods upon the receipt of the shipment.
4.2. Cashless bank transfer to the bank account of the Seller – after receiving a request for payment and receipt of the necessary data by e-mail sent by the Seller, the Buyer shall transfer the total amount for the ordered goods (purchase price) to the account kept by the bank Fio Banka, IBAN: SK74 8330 0000 0020 0129 3158 for payments in Euro and IBAN: SK92 8330 0000 0028 0129 3156, and the invoice number, or pro forma invoice number for the delivery of custom-made goods indicate the variable symbol, and the first name and surname of the Buyer shall be entered in the note for the payment. The Order will be processed after the total amount of the purchase price has been credited to the Seller's account. If Be Lenka s.r.o. is not able to deliver the ordered goods (e.g. due to an inaccessible fabric (textile), or an unsuitable fabric (textile) delivered by the Buyer), the payment shall be refunded to the buyer’s account in full amount. If the buyer does not accept the delivery of ordered goods, the payment becomes non-refundable.
4.3. Payments are processed via Gopay payment gateway (credit card payments), PayPal and Direct bank transfer. Approved and regulated by the Czech National Bank.
5. Delivery terms
5.1. Delivery of ordered goods is processed in the shortest possible time depending on the availability of the goods and the Seller's operational possibilities. The Seller shall send all goods indicated as available in stock within 48 hours of order confirmation, or, if paid in advance by bank transfer, the goods will be sent within 48 hours of receiving the total amount of the purchase price in the Seller's account. Upon the delivery of goods ordered per order, the goods will be sent within 6 weeks of order confirmation and crediting the total amount of the purchase price to the Seller's account. In justified cases, the Seller is entitled to prolong the delivery period of goods even repeatedly.,
5.2. In case of an order of custom-made goods, these orders are processed within 6 weeks of order confirmation, crediting the total amount of the purchase price to the Seller's account as well as delivery of the fabric (textile) from the Buyer. And this delivery time begins to run until all previous conditions have been met. In justified cases, the Seller is entitled to prolong the delivery period of goods, even repeatedly.
5.3. If the order contains numerous items and some of them are not in stock, the Seller shall inform the Buyer of this, offering the possibility of partial deliveries and advising of delivery costs.
5.4. Goods are delivered through third parties (suppliers) to the address provided by the Buyer in the order form, and the Buyer is obliged to accept the delivery at this address.
5.5. The invoice is delivered electronically to their E-mail address provided in the order form. the invoice also serves as a warranty card.
5.6. Goods can be accepted in person at the Seller's shop floor by mutual agreement.
5.7. Goods are delivered to the Slovak Republic, the Czech Republic or to another country by mutual agreement.
5.8. The proprietary right to the goods shall be transferred to the Buyer by the acceptance of the goods.
5.9. When accepting delivery of goods, the Buyer is required to check:
– whether the goods were delivered in accordance with the order,
– whether the goods were delivered in a quantity specified in the order,
– whether the goods are damaged.
If the buyer receives goods they did not order, the buyer is obliged to contact the Seller by e-mail or by phone within 24 hours of the receipt of the delivery. If the goods have been delivered that are showing signs of damage or obvious defects, the buyer is obliged to contact the Seller by e-mail or by phone within 24 hours of the receipt of the delivery. If the goods are found to be damaged, the Buyer is obliged to summarise the extent and nature of the damage on record, the correctness of which will be confirmed by the Courier. Based on this written record delivered to the Seller, the Seller may subsequently offer the removal of the defect, a discount on the goods or, in the case of defects that cannot be removed, delivery of new goods to the Buyer.
6. Delivery costs
6.1. The cost of postage depends on the delivery method chosen by the Buyer and the method of payment. The ordered goods can be delivered in the following ways:
6.1.1. Delivery in the Slovak Republic
. DPD Courier: 2,90 € (advance payment into account), account number:
SK74 8330 0000 0020 0129 3158
b. Cash on delivery, DPD Courier: 3,90 € (cash on delivery payment)
6.1.2. Delivery to the Czech Republic:
a. DPD Courier: 2,90 € (advance payment by bank transfer to the bank account, conversion based on the current exchange rate of the National Bank of Slovakia) in CZK to the account number: 2801293156/2010
b. Cash on delivery, DPD Courier: 3,90 € (cash on delivery payment, conversion based on the current exchange rate of the National Bank of Slovakia)
6.2. Postage is not charged when the purchase is made in person.
6.3. In case of delivery to countries other than the Slovak Republic and the Czech Republic, postage shall be determined individually by mutual written agreement (e-mail) between the Buyer and the Seller.
Generally, we use DHL or GLS courier services to deliver goods around the world.
7. Withdrawal from the Contract of Sale
7.1. The Seller has the right to withdraw from the Contract of Sale in the following cases:
a. in the event that the Contract of Sale cannot be executed due to reasons caused by the Buyer (incorrect contact details, the Buyer’s lack of communication with the Seller, etc.)
b. in the event that the Buyer has not accepted the order within five working days from the day on which the Buyer was required to accept it,
c. in case stock is not available,
d. if the goods are no longer produced or delivered or the price has changed significantly with the Supplier of the goods and for these reasons the Seller is not able to deliver the goods to the Buyer or to deliver it at the price indicated in the E-shop,
e. in the event that the Buyer has not previously accepted the goods or otherwise violated these General Terms and Conditions or is the Seller's debtor.
f. in case of the supply of custom-made goods, if the Buyer in the production process repeatedly changes its requirements or if the Buyer has supplied an unsatisfactory, poor quality fabric (textile).
7.2. In the event that the Buyer has paid to the Seller the purchase price or part thereof at the time of termination of the Contract of Sale due to withdrawal from the contract by the Seller, the Seller shall return the already paid purchase price or part thereof within 14 days after the expiration of the Contract of Sale by transferring it to the Buyer's bank account unless the Contracting Parties agree to refund the purchase price otherwise.
7.3. The Buyer, who is a consumer, complies with the provisions of § 7 (1) of Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller, as amended (hereinafter referred to as "Act No. 102/2014 Coll.), is entitled to withdraw from the Contract of Sale within 14 calendar days from taking over the goods, without giving any reason. If the Buyer makes use of the right to withdraw from the contract, without giving any reason, the Buyer shall bear the cost of returning the goods (postage), even if the goods cannot be returned by post with respect to the nature of the goods. The returned goods may not be used, washed or damaged, in the original package with all accessories and a warranty card, if attached to the goods.
7.4. The Buyer may withdraw from the Contract of Sale in accordance with clause
7.3 of these General Terms and Conditions before the start of the withdrawal period. The withdrawal period shall remain effective if the notice of withdrawal has been sent to the Seller, at the latest on the last day of the withdrawal period.
7.5. In compliance with the provisions of § 7 Article (6) letter c) of Act No. 102/2014 Coll., the Buyer, who is a consumer, is not entitled to withdraw from a Contract of Sale the subject of which is the sale of goods manufactured to the specific requirements of the consumer, custom-made goods or goods specifically intended for a single consumer.
7.6. The Buyer may exercise the right to withdraw from the Contract of Sale in relation to the Buyer in paper form or send this withdrawal by E-mail to the address of the Seller specified in Seller's contact data. Proof of purchase (the invoice) shall be attached to the withdrawal from the contract. The withdrawal from the contract must include the number and date of the order or the list of the ordered goods, the date on which the goods were delivered, the Buyer's name and surname, permanent address and the manner in which the received payments are to be refunded, including the bank account number in the form of IBAN in the case of a cashless refund.
If the Buyer wishes to withdraw from the contract in writing, the Buyer may use the following template to withdraw from the Contract:
Be Lenka s.r.o.
Antona Bernoláka 2202/12
010 01 Žilina (Slovak Republic)
Re: Withdrawal from the Contract of Sale
I hereby give notice that I withdraw from the Contract of Sale of the following goods:
write the name of goods or order number and invoice number on the basis of which the goods have been delivered to you
Date of ordering the goods: write the date of the order,
Date of receipt of the goods: write the date when the goods were delivered to you,
Reason for withdrawal: The Buyer is not obliged to indicate the reason for withdrawal
I ask to return the funds to my account number as follows: please enter your account number in the form of IBAN, bank contact: name of bank / in cash by postal order to the address: please indicate your name, surname, and address
In (write the place and date)
indicate your first name and surname, address (including street and number, postcode and village/city) and your signature
7.7. The Buyer is obliged to send the goods back to the Seller to the following address: Be Lenka s.r.o. Martina Rázusa 1133/9, 010 01 Žilina (Slovak Republic), within 14 days from the day of withdrawal, or hand the goods over to the Seller personally in the Seller's shop floor after prior agreement. The cost of returning the goods (postage) shall be borne by the Buyer. The time limit referred to in the first sentence shall be deemed to be maintained if the goods have been handed over to transport or directly to the Seller at the latest on the last day of the time limit. Since the Seller is not responsible for the possible loss of the goods during transport, we recommend that you send the goods by the insured recorded delivery or by a chosen Courier company. The Seller shall not accept the goods sent cash on delivery.
7.8. The Seller is obliged to refund all payments received upon or in connection with the Contract of Sale to the Buyer, including the delivery cost of goods within 14 days from the date of delivery of the goods. The payment will be made in the same way as the Buyer used for payment to the Seller if the Buyer did not indicate any other way of payment, without charging any additional fees.
7.9. In the event that the Buyer withdraws from the contract in accordance with clause 7.3 of these General Terms and Conditions and delivers to the Seller the goods that are used, damaged, washed, incomplete or not in the original package, do not include all accessories and a warranty card, if attached to the goods, the Seller is not required to return the payments received on the basis of the Contract of Sale to the Buyer. In this case, the goods shall be returned to the address of the Buyer.
7.10. The right of the Buyer to withdraw from the contract expires if the Buyer has not exercised it within the time limit and in the manner set out in the preceding paragraphs of these General Terms and Conditions in the event that the Buyer fails to submit the original purchase document (the invoice) or if the Buyer breaches his/her obligation to send the goods back to the Seller within 14 days from the date of withdrawal from the contract, in accordance with clause 7.6 of these General Terms and Conditions.
7.11. The Buyer sends an order to the Seller confirming that the Buyer has been properly informed of the right to withdraw from the contract in accordance with Act No. 102/2014 Coll.
7.12. We recommend to the Buyer, when returning the goods, to send the insured package by a Courier. If the Buyer has no proof of dispatch of the goods (it was not sent back), the Seller is not obliged to refund reimbursement for the returned goods to the Buyer.
8. Warranty terms and conditions and return policy
8.1. The Seller shall be liable for defects of the goods on delivery and for defects which occur on the goods during the warranty period. The Seller shall not be liable for defects which were caused by wear and tear of the goods associated with using them. The Seller shall not be liable for a defect for which a lower price has been agreed upon.
8.2. When the Buyer is a consumer, the warranty period shall be 24 months for new goods and 12 months for second-hand goods. Where the Buyer is a person other than a consumer, in particular, an entrepreneur, the warranty period for new and second-hand goods shall be 12 months. The warranty period shall run from the date of receipt of the goods by the Buyer or authorized representative.
8.3. Complaints handling procedure subjects to warranty terms in force. The Buyer confirms by sending an order to the Seller that he/she has been duly informed of the conditions and the method of claiming the goods, which includes the information where a complaint can be lodged, in accordance with the provisions of § 18 (1) Act No. 250/2007 Coll. on Consumer Protection amending the Act No. 372/1990 Coll. on misdemeanors, as amended (hereinafter referred to as "Consumer Protection Act") and Act No. 102/2014 Coll.
8.4. The warranty terms and conditions shall apply to goods purchased by the Buyer from the Seller via the e-shop
8.5. The Buyer has the right to set up a claim to warranty only for the goods with defects caused by the manufacturer, supplier or seller, which is covered by the warranty and was purchased from the Seller.
8.6. The Buyer is obliged to complain about defects of the goods to the Seller, without unreasonable delay, otherwise, this right of the Buyer expires. The date of delivery of the claimed goods to the Seller's operation is considered the date on which the complaint was lodged. Postage shall be paid by the Buyer when sending the returned goods.
8.7. The Buyer is obliged to examine the goods upon receipt. If the Buyer fails to do so, he/she may only lodge claims concerning defects found when examined, if he/she proves that these defects were already present at the delivery of the goods.
8.8. If goods are defective, the Buyer has the right to claim in such a way that the goods have to be delivered cleaned, in accordance with the care instructions for shoes, along with the accessories and the proof of purchase (invoice) to the seller's company address at his/hers own expense and, at the same time, a detailed description of the defects has to be provided. If goods are sent via cash on delivery, they will not be accepted.
8.9. The Seller shall issue a receipt of the received claim in an appropriate form chosen by the Seller, e.g. as an e-mail message or in written form.
8.10. The Buyer has no right to warranty for the defects of which he/she was notified by the Seller at the time of conclusion of the contract or of which he/she had to be aware considering the circumstances under which the purchase contract was concluded.
8.11. The right of the Buyer to claim in relation to Seller shall expire under the following conditions:
in case of failure to submit invoices or accessories,
in case of failure to notify apparent defects when accepting the delivery of goods,
in case of failure to claim without unreasonable delay after the defect was revealed,
if the warranty period of the goods has expired,
in case of a mechanical damage to the goods by the Buyer,
in case of a mechanical damage during transport,
if the Buyer violates its obligation set forth in point 5.9 of these Warranty Terms and Conditions,
in case of damage to goods by unavoidable or unpredictable events,
in case of damage to goods caused by accidental destruction and accidental deterioration or other force majeure,
in case of damage to goods caused by normal wear and tear, incorrect handling or inappropriate use of goods, improper treatment, washing or drying, or exposure to atypical conditions.
8.12. The warranty shall not apply to damage to goods resulting, inter alia, in particular from:
natural wear and tear of goods,
fouling of goods or their parts,
neglecting the care of goods,
use of the goods under conditions that they do not correspond to their temperature, dust, humidity, chemical and mechanical influences of the environment in which the goods are commonly used,
intervention by an unauthorized person (unprofessional repairs and alterations),
use of goods contrary to the instructions for use, technical standards, other documentation for goods, or contrary to the purpose for which the goods are intended,
mechanical damage, especially break, cut, thermally damaged goods, goods damaged by careless, disproportionate physical treatment, intentional scratching off layers of goods, etc.,
in case of failure to notify apparent defects when accepting delivery of goods,
after the expiration of the warranty period.
8.13. The Seller is obliged to resolve the complaint and terminate complaints procedure by handing over the repaired goods, replacement of goods, refunding the purchase price of the goods, sending a written notice with a request for receipt of performance, providing a reasonable discount on the price of the goods or an explained rejection of the claim.
8.14. The resolution of the claim shall only apply to defects listed in the description of defects when the claim is lodged.
8.15. With respect to a removable defect, the claim shall be settled in such a way that the Seller will provide for the removal of the defect. The Seller may replace a defective item with an indefectible item instead of removing the defect.
8.16. As for a defect that cannot be removed and which prevents the goods from being properly used, the Buyer has the right to exchange the item or to withdraw from the contract or is entitled to a reasonable discount on the price of the goods.
8.17. If goods sold at a lower price or used goods have a defect for which the Seller is responsible, the Buyer has the right to a reasonable discount instead of the right to have the goods replaced
8.18. The Seller reserves the right to replace defective goods for other similar goods with comparable parameters. In case of replacement, the warranty period runs from the date of the receipt of the new goods.
8.19. The Seller is obliged to resolve the claim and issue a written document about the settlement to the Buyer who is a consumer (including by e-mail) within 30 days of the date of the claim.
8.20. Under the Consumer Protection Act, the 30-day period shall not apply to resolve the claim if the Buyer is not a consumer. In sucha case, the period for settlement is not set by the law. However, the Seller undertakes to resolve the claim within a 40-day period.
8.21. The warranty period shall be extended for the period during which the Buyer is not able to use the goods due to the warranty repair of the goods.
9. Personal data protection and copyright
9.1. Some data that Buyer enters when ordering goods in the E-shop has the nature of personal data under Act no. 122/2013 Coll. on the Protection of Personal Data, as amended.
9.2. By submitting an order, the Buyer gives consent to the Seller to the processing of his or her personal data indicated in the order for the purpose of handling the order, manufacture to order, delivery or rental of the goods, for the period necessary for the fulfilment of the contract by the Seller, in accordance with Act No. 122/2013 Coll. on Personal Data Protection, as amended, The disclosure of personal data by the Buyer is voluntary. The Buyer has the right to withdraw his / her consent in writing by sending the withdrawal to the address of the Seller's company address. The consent will expire within one month of receipt of the withdrawal of consent by the Buyer to the Seller and the data will subsequently be erased.
9.3. The Buyer has the opportunity to register in the E-shop, so the Buyer will be able to purchase without re-entering the data in the future. The Buyer can change his or her data and other settings at any time after he/she has logged in (in the E-shop). If the buyer wishes to cancel his/her registration, the Buyer may ask for it by E-mail.
9.4. The Buyer has the opportunity to choose to receive information about new products or other marketing information from the Seller.
9.5. The Seller will organize various actions and competitions in the course of his / her activity, which may be associated with the invitation to send photos. By sending a photo to an event or competition, the participant agrees that his/her photo (or any of its parts) may be used free of charge by the Seller in electronic or printed form for the advertising and promotional purposes of the Seller, to an unlimited extent. Copyrights shall remain to the participant in the event or competition (the author of the photograph).
10. Final provisions
10.1. The Seller reserves the right to change these General terms and conditions. The obligation to notify the change in writing in these General Terms and Conditions shall be fulfilled by placing it on www.belenka.com web site.
10.2. The Buyer declares that he/she has familiarized himself/herself with these General Terms and Conditions and agrees with them prior to filling in the order.
10.3. Any disputes arising out of, or in connection with, the Contract will be dealt with by the Contracting Parties primarily by agreement. If the agreement is not possible, the courts of the Slovak Republic are competent to resolve disputes.
10.4. The relationships that are not governed by these General Terms and Conditions are subject to the applicable laws of the Slovak Republic, in particular the relevant provisions of the Civil Code, the Commercial Code, Act No. 250/2007 Coll. on Consumer Protection and on amending the Act of the National Council of the Slovak Republic No. 372/1990 Coll. on misdemeanors, as amended, Act No. 102/2014 Coll. on the Protection of Consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller, as amended.
10.5. These General Terms and Conditions become effective in relation to the Buyer by the conclusion of the Contract of Sale.
Done in Žilina, Slovakia 1 December 2018