Terms & Conditions
These General Terms and Conditions are an integral and supplementary part of an order placed with Beliani GmbH, which is based in Baar (Switzerland), for orders placed via the Internet or by telephone.
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 Switzerland. For electronic appliances, the Swiss prepaid recycling charge (vRG) 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.ch. The voucher can’t be redeemed via mobile application. The voucher is not usable on shipping costs and service. The voucher can’t be exchanged to 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. Voucher is available for an amount of time described in the offer.
We shall deliver our goods within the indicated delivery periods according to the product description. Our products are delivered only on specified delivery dates in accordance with the product description. Except cases for which we are not responsible. No claim for compensation is possible in the event of delays in delivery as well as of not delivering within the set delivery dates. Deliveries shall only be made to the kerbside 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).
Some products are delivered to the customer directly from the producer on 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 shipping company does only collect reusable pallets.
Time of Ordering, Ownership
The contract between Beliani GmbH 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.
Forms of Payment
Purchase on account
In the case of purchase on account the amount invoiced should be transferred to the account of our external partners indicated in the invoice, Billpay GmbH, on calendar day stipulated in the invoice (20 or 30 calendar days after invoice day) [Link to https://www.billpay.de/endkunden/] . The purchase on account does not apply to all offers and only used after successful check on creditworthiness performed by Billpay GmbH. In case if after the creditworthiness check of specific order the customer is allowed to use purchase on account 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 payment on account 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 [Link to https://www.billpay.de/allgemein/datenschutz/] of Billpay GmbH apply.
Direct debit; Direct debit authorization; Processing fee for return debits
a) 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 Billpay GmbH. [Link to https://www.billpay.de/endkunden/]. Herewith you revocably authorize Billpay GmbH to collect payments to be made by you using direct debit from your current account by direct debit. If 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.
b) The direct debit does not apply to all offers and require successful creditworthiness check performed by Billpay GmbH as well as opened in Switzerland 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 [Link to https://www.billpay.de/allgemein/datenschutz/] of Billpay GmbH apply.
c) 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 CHF 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 corresponding amount or by credit will follow.
Credit Card Payments
For processing the Beliani GmbH, 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.
The copyright to the design of our website and to its contents, including but not limited to texts and graphics, is held entirely by Beliani GmbH. 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 CHF 5000 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
Any complaints shall be made within 8 days 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. As a rule, the warranty period for our products is indicated in the purchase agreement, which you shall receive in advance or together with the delivery. In the absence of such indication, a warranty period of 24 months shall apply.
To claim the warranty the buyer is obligated to show the sales document.
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. In case of the minor damages any claims against the seller are unfounded. The warranty shall expire if the goods have been processed or altered despite recognisable defects.
Defects shall be rectified by Beliani GmbH free of charge, unless Beliani GmbH 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. In case of replacement, the customer pays for shipping expenses.
All the services (payment fees, express 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.
100 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 100 days. It looks as following:
|Who covers delivery costs in the event of additional transportation costs?|
|Who covers the costs of the delivery of the returned product?|
|How should the product be returned?||Originally packed and ready for transport, prepared at the curb side.||Originally packed, not used and ready for transport, prepared at the curb side.|
|What to do when you do not have the original packaging?||The return of the product is not possible.||The customer needs to organize an alternative packaging and protect it appropriately. The customer will be burdened with additional payment for the lack of original packaging.|
|Large dimension deliveries||Beliani will collect the product within 14 days from the date of confirmation of packing the product by the shipping company.|
|Parcel deliveries (small products)||Beliani will collect the product within 14 days from the date of confirmation of packing the product by the shipping company.|
|When will the customer be refunded?||The customer will receive a refund within the period of 7 days from receiving the return to our warehouse.||The customer will receive a refund within the period of 7 days from receiving the return to our warehouse in a form of gift voucher.|
|We do not refund||–additionally payed services (e.g. assmebly, express delivert etc.)
|Foreign deliveries||In the case of foreign deliveries and returns, additional costs shall be provided.|
|Excluded from returns||We shall accept hygiene articles (bed linen, pillows and blankets, towelling, mattresses, mattresses covers etc.) in their unopened original packaging only.|
Returns shall only be accepted within fourteen days of receipt by the Customer. We shall accept hygiene articles (bed linen, pillows and blankets, towelling etc.) in their unopened original packaging only. The purchase price shall be refunded if the goods are returned in their original packaging and unopened. Extra charges will occur if shippment was made or pick-up is from a foreign country. Packets which can’t be returned by parcel service are picked up by our forwarder at our own expense. Smaller parcels have to be returned by parcel service. We will refund you the shipping cost. We kindly ask you to send back small packages by yourself (please make sure to use the lowest price rate at the post office) - we will bear the expenses. 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 transort 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.
Persons retrieving information from websites of Beliani GmbH declare that they agree to the following conditions. Possible special agreements concerning specific services or products of Beliani GmbH are effective alongside these conditions.
No warranty for completeness and accuracy
The data published on the website is provided by Beliani GmbH exclusively for personal use as well as for information purposes, it can be amended at any time without advance notice. Beliani GmbH assumes no warranty (neither explicitly nor tacitly) for the accuracy, completeness and topicality of the data published on the Beliani GmbH website, even if the required thoroughness was applied in collecting it from sources deemed to be trustworthy. In addition, Beliai GmbH disclaims all liability for deviating or incomplete assembly instructions.
Beliani GmbH 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 Beliani GmbH website or from links to third party websites. Beliani GmbH does not guarantee that the individual segments of its website function flawlessly. In addition, Beliani GmbH rejects any liability for unauthorised tampering with the Internet users’ computer system. Thereby, Beliani Gmbh 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.
Using the Beliani GmbH website
The entire content (design, text, graphics....) of the Beliani GmbH website is protected by copyright. The individual elements of the website belong exclusively to the website operator, Beliani GmbH. Storing or printing individual pages and /or passages of the Beliani GmbH website is only permitted if the complete source reference is indicated. By saving or otherwise reproducing software or other data from the Beliani GmbH website, the respective terms and conditions of use count as being accepted. All rights of ownership remain with Beliani GmbH. Reproducing (entirely or partially), transmitting (electronically or otherwise), modifying, linking with or using the Beliani GmbH website, is only permitted with the explicit and written permission of Beliani GmbH.
Certain links on the Beliani GmbH website direct to third party websites. These are completely outside the Beliani GmbH sphere of influence, therefore Beliani GmbH 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.
When purchasing a product on our website, you suscribe automatically to our newsletter. You can unsuscribe at anytime on the website or by clicking on the link at the bottom of the newsletter. Moreover, you can always write to our customer service and we will unsuscribe you immediately.
Valid from 01.01.2015