TERMS AND CONDITIONS OF ONLINE STORE
establishing the rules for the provision of services by electronic means
§1. General provisions
1. These terms and conditions (hereinafter referred to as "Terms and Conditions") define the rules for the conclusion and performance of contracts for the provision of services by electronic means and sales contracts in the online store, as well as the rights and obligations of the parties to these contracts.
2. The online store (hereinafter: "Store" or "Site") is available to all persons (hereinafter: "Users") at: www.micadoni.com
3. The Store owner (hereinafter referred to as "Seller") is BESO LUX spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, entered in the Register of Entrepreneurs kept by the District Court for Łódź-Centre in Łódź, 20th Commercial Division of the National Court Register, KRS no.: 0000689756, REGON no.: 367958776 and NIP no.: 7292718480, with the share capital of PLN 5,000.00 and Luxobeslux Sarl having its registered office in Luxembourg (address: 8 Rue de Beggen, L-1220 Luxembourg), VAT UE LU28279037.
4. Contact details of the Seller to enable Users to contact it are as follows:
1) address: ul. Łąkowa 7a/E, 90-562 Łódź, Poland or 8 Rue de Beggen, L-1220 Luxembourg
2) phone: + 33986871911 Monday to Friday, except public holidays, from 9 am do 5 pm,
3) email address for complaints: firstname.lastname@example.org,
4) email address for inquiries about the Seller's products: email@example.com
5. Contracts for the provision of electronic services and sales are concluded with the Seller via the Store.
6. The object of the Seller's business is to sell the products indicated on the Site (hereinafter referred to as "Products").
7. 7th The Seller communicates with the Users via the website
8. indicated in § 1(2) above, as well as by phone, post, and e-mail.
9. The store makes it possible to:
1) create a User account (hereinafter referred to as "Account") and maintain it, i.e. make changes and modifications to data, view the status of order completion, view purchase history, use the storeroom, save the shopping basket, receive discounts and promotional coupons, and access to the order archive,
2) obtain information about the Products which can be purchased via the Store,
3) place orders – by persons using the Store (called then: "Buyers" or "Customers"),
4) subscribe to a newsletter (hereinafter: "Newsletter"), which means an electronic form of the Seller's newsletter intended for all persons interested in news and promotions on the Store's offer and sent to them by the Seller with their consent via e-mail.
10. In these Terms and Conditions, the term "Consumer" means a User who is a natural person making - with a trader - a legal action which is not directly related to that person's economic or professional activity, as well as a User who is a natural person concluding a contract directly related to their economic activity, when the content of this contract indicates that the contract is not of a professional nature for them.
11. In order to register an Account, it is necessary to accept the Terms and Conditions by checking the appropriate box in the registration form.
12. There is no charge to the User for using the Store.
13. Both the contract of sale and the contract for the provision of services by electronic means may be concluded in all versions of languages in which the Site is available. There is no minimum duration of the Consumer's obligations under the sales contract and the contract for the provision of services by electronic means. If the Consumer has no right of withdrawal (§ 5(5) of the Terms and Conditions), the duration of the Consumer's obligations under the sales contract lasts until the payment of the price to the Seller.
14. The provision of a performance unsolicited by the Consumer takes place at the Seller's risk and does not impose any obligations on the Consumer on that account. The lack of the Consumer's response to unsolicited performance shall not constitute the Consumer's consent to the conclusion of any contract.
15. The Seller hereby informs that it is registered in the register held by the French Agency for Ecological Transition (ADEME) with number: FR028393_10PKCZ (https://www.ademe.fr/).
§2. Placing orders in the Store
1. Orders of Products in the Store (hereinafter: "Orders") may be placed by natural persons, legal persons, and organisational units without legal personality that are granted legal capacity by law.
2. The Site enables the registration of an Account, which consists in the submission by the User of a completed Account registration form available in the Store.
3. For the effective registration of the Account it is also necessary to provide all of the following:
1) providing the User's data in the form, whereas the provision of some of the data may be optional or required only at the time of placing the Order,
4. The Buyer undertakes not to disclose the password to third parties.
5. Upon creation of the Account, a contract for the provision of services by electronic means is concluded between the Seller and the User.
6. Orders in the Store can be placed via a form, after logging into the User's Account, having previously registered in the Store and accepted the provisions of the Terms and Conditions. Placing Products by the Customer in the shopping basket (i.e. the Store's functionality allowing the preview of Products already selected, but not yet purchased by the Customer when placing an Order) does not entail their purchase or reserving. The Seller has the right to refuse to sell Products if fulfilment of the whole or part of the Order would not be possible.
8. Each time, the Order placement procedure is completed by the User clicking the button: "Order and pay" (or a button labelled with another equivalent wording indicating the completion of the purchase and the obligation to pay for the selected products), which is equivalent to the User confirming that the Order form has been completed correctly and that the data provided are true, up-to-date, complete, and correct, and that the User is aware that the execution of the Order entails the obligation to pay, including the obligation to pay the selected delivery costs.
9. In the event of an incorrectly completed Order form, no contract of sale is concluded between the Seller and the Buyer. The Buyer has the right to correct the data provided in the submitted Order by contacting the Seller by e-mail.
10. After placing an Order, an e-mail message is sent immediately to the e-mail address indicated in the form, with a confirmation of the Order placement by the User, which notifies the User whether their Order has been placed correctly.
11. In the e-mail message referred to in the paragraph above, the Seller provides the Buyer who is a Consumer with the information required under consumer rights legislation. The information will be included in the body of the e-mail message or in an attachment in *.pdf format. To view this document, it is necessary to have an appropriate software such as Adobe Acrobat Reader. Such information may also be provided by the Seller in paper form together with the delivered Product.
12. The contract of sale of the Product is concluded when the Seller informs about the commencement of the Order execution. Such a confirmation will be sent to the Buyer by e-mail. Should the Customer pay for the Products before that time, and the execution of the Order be impossible, the Seller shall immediately refund the amount paid.
13. In the case of unavailability of the Products included in the Order, the Seller will inform the Customer that the Order cannot be fulfilled. If the inability to fulfil the Order is only related to temporary unavailability of the Products, the Seller will inform the Customer about the estimated time of completion of the Order by sending an e-mail to the address provided by the Customer in the Order form.
14. The orders are executed in the order of their placement.
15. The Seller is entitled to impose a maximum number of pieces of a Product covered by one Order, as well as to impose limitations on the methods of delivery, forms of payment, or bulk orders. Any such restrictions will be each time communicated to the User before completion of the Order.
§3. Prices and payments
1. The Product prices displayed in the Store do not include delivery costs. The total cost of the Order including delivery costs will be presented to the Buyer before the final submission of the Order.
2. Payment for the Products can be made in one of the following forms:
1) transfer to the Seller's bank account indicated on the Site,
2) online payment in the instant payment system indicated on the Site.
3. The Seller may also provide additional methods of payment, which will be duly indicated on the Site.
4. Should the payment not be made within 7 (seven) working days from the date of the Order - the Order will be cancelled.
5. In the case of payment methods specified in §3(1) and (2) above, the Order will be delivered no later than within 10 (ten) working days after the whole price of the ordered Products has been credited to the Seller's bank account (the Customer will receive a sales confirmation after the whole price of the ordered Products has been credited).
6. Should the form of payment indicated in §3(2)(1) or §3(2)(2) or §3(3) above be used, the Seller shall not be liable for any additional costs or charges imposed on the User by the provider of the solutions enabling the use of a given form of payment, including a card issuer or the User’s bank.
7. The Buyer authorizes the Seller to issue invoices (or other accounting documents documenting sales in electronic form) without obtaining the Buyer's signature, and agrees to send them electronically to the e-mail address provided by the Buyer.
8. The descriptions, photos, and prices of the Products presented on the Website do not constitute an offer, but only an invitation by the Seller to enter into a sales agreement.
9. Should there be any material errors in the price of a Product on the Website (reduction of the Product price in the absence of visible information on discount, promotion, special offer, or sale justifying the reduction of the Product price), the Seller shall not be obliged to enter into the sales agreement for the Product with the Buyer. At the same time, the Seller has the right to cancel the Order to the extent concerning such a Product. The Seller shall notify the Client of this fact and, if the Client has paid for the Product, the Seller shall immediately reimburse the amount paid by the Client.
1. Delivery of the Products is limited to the area of: France, Poland, Belgium, Luxemburg, the Netherlands, Germany. If the User wishes to receive the Products at an address outside the area indicated in the preceding sentence, the Seller will ask the Customer to contact it by e-mail, telephone, or by using the contact form in the Store in order to agree on the feasibility and possible conditions of such a delivery.
2. Deliveries are made from Monday to Friday, except for public holidays.
3. The Products ordered by the Buyer are delivered via the carrier indicated on the Site, the cost of which will be indicated each time when placing an Order. For delivery of the Products to countries other than those specified in the first sentence of §4(1) above, determining the delivery costs may require individual contact between the Buyer and the Seller.
4. In the case of an Order for a larger number of Products, the shipping time for the whole Order will correspond to the Product with the longest lead time.
5. The standard lead time for the Products is presented on the Website. Due to the nature of the Products offered by the Seller, in special cases, this lead time may change (of which the Seller will inform the Buyer). However, in such a situation, the deadline for release of the Products ordered by the Buyer shall not be longer than 90 working days from the date of concluding the agreement.
6. A Buyer who is not a Consumer must verify in the presence of the carrier (courier) whether the Product has not been delivered damaged. The basis for any return is the damage report properly drawn up in the presence of the courier. The absence of the report is synonymous with the Seller's refusal to accept the return.
7. The Seller ensures delivery of Products together with bringing them to the place indicated by the Customer. As part of the delivery, the Seller does not ensure unpacking of Products, disposal of Products' packaging, or assembly of Products consisting of multiple elements.
8. Once the Buyer has placed the Order and the Seller has forwarded the ordered Products for dispatch, the Buyer cannot change the delivery address of the Order.
§5. Right of withdrawal
1. A consumer purchasing a Product from the Store has the right to withdraw from the sales contract concluded with the Seller within 14 (fourteen) days as of the date of delivery of the Product, without incurring costs other than direct costs of returning the Product. The right of withdrawal referred to in the preceding sentence may be exercised by submitting a statement in written form or by e-mail, and in order to meet the deadline indicated in the preceding sentence, it is sufficient to send the statement before the deadline to the address indicated in § 1(4) of the Terms and Conditions. The statement of withdrawal can be made using a form, which constitutes an appendix to the Terms and Conditions, and is also sent to the Consumer in the confirmation of conclusion of the sales contract or together with the Product.
2. Should the right of withdrawal be exercised, the Seller will reimburse to the Consumer all payments made, including the costs of delivery (with the exception of additional costs arising from the method of delivery chosen by the Consumer other than the least expensive method of delivery offered by the Seller) immediately, and no later than within 14 (fourteen) days as of the date of receipt by the Seller of the notice of withdrawal from the sales contract, using the same method of payment as the Consumer has used, unless the Consumer has agreed to a different method of reimbursement, which does not involve any costs to them. If the Consumer has chosen the method of payment provided for in §3(2)(1) or 2) of the Terms and Conditions, the payment will be returned to the Consumer, with the Consumer's consent and depending on their choice, to the bank account indicated by them or by postal order to the address indicated by them.
3. Third Should the Consumer exercise their right of withdrawal, they must return the Product within 14 (fourteen) days as of the date of making the statement of withdrawal from the contract of sale of the Product. Due to the nature of the Products, their return will be organized by the Seller. Given the size and weight of the Products, in case of withdrawal from the contract of sale returning the Products may involve higher than standard return costs. In order to return the Product, the Customer should contact the Seller and set a date for the collection of the returned Product. The returned Product will be collected by a carrier commissioned by the Seller. The Customer will receive a return receipt label from the Seller, which should be placed on the packaging of the returned Product. For detailed information on how to pack the returned Products as recommended by the Seller and on the return procedure, please refer to the instructions at: www.besolux.com.
4. The Consumer bears the direct costs of returning the Product, which may be deducted by the Seller from the amount to be reimbursed to the Consumer (referred to in the first sentence of paragraph 2 above).
5. The Consumer is liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish its nature, characteristics, and functioning.
6. In specific cases, the right of withdrawal referred to in paragraph 1 above may not be granted to the Consumer due to exceptions indicated in legislation on consumer rights, including in relation to contracts:
1) of sales of non-prefabricated Products manufactured according to the Consumer's specification or serving to satisfy their individual needs,
2) under which the subject matter of the performance is an item supplied in sealed packaging which cannot be returned after opening the packaging for reasons of health protection or hygiene, if the packaging has been opened after delivery,
3) under which the subject matter of the performance are items which after delivery, due to their nature, are inseparably connected with other items.
7. The right of withdrawal referred to in this Article shall apply mutatis mutandis to services provided by the Seller by electronic means.
§6. Additional legal disclaimers
1. The content and structure of the Site are protected by copyright. Copying data or information, and in particular using texts placed on the website (including the Terms and Conditions), as well as their fragments, and photos, graphics, drawings, maps, plans and films, in cases other than those expressly permitted by law or the Terms and Conditions, is prohibited without the consent of the Seller.
2. The Seller informs that photographs and visualisations of Products placed on the Site serve only for the presentation of specifically indicated models of Products and may vary depending on individual settings of the User's device.
§7. Specific provisions relating to the rendering of services by the Seller by electronic means
1. These Terms and Conditions also constitute terms and conditions for the provision of services by electronic means, subject to paragraph 15 below.
2. In order to browse the Store and interact with the IT system used by the Seller, it is necessary to have:
1) a device with Internet access, enabling browsing of websites, in particular a device operating under Windows, Linux, MacOS or Android operating system; the minimum screen resolution for responsive access to the Store's website is 1024x768,
2) an updated web browser with Java Script support in the latest stable version supplied by the manufacturer, such as: MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari,
4) disabled software that blocks the execution of the aforementioned scripts,
5) Information provided by the Seller, including the Terms and Conditions, may be made available in *.pdf format. In order to view them, it is necessary to install software enabling such files to be opened, e.g. Adobe Acrobat Reader.
3. A contract for the provision of services by electronic means is concluded upon registration of an Account by a person using the Store or by providing an e-mail address to receive the Newsletter.
4. The contract for the provision of services by electronic means is concluded for an indefinite period of time and may be terminated under the rules set out in applicable law, as well as by sending a statement of termination of the contract for the provision of services by electronic means to the Seller's contact details as specified in § 1(4) of the Terms and Conditions.
5. When using the Store and other services provided by Seller by electronic means, the User is prohibited to provide content that is unlawful, violates personal rights or copyrights of third parties, or infringes in any way the existing social norms and customs, rules of social interaction on the Internet (netiquette). In particular, the User is prohibited to:
1) promote totalitarian systems, symbols associated with them, incite to hatred or committing a crime,
2) posting abusive content, or content containing profanities, or content commonly regarded as offensive,
3) posting and using personal data and images of other persons without proper authorisation,
4) providing malicious software,
5) posting content that promotes the use of drugs or psychoactive substances, or promotes alcohol abuse,
6) spamming or acting in a manner characteristic of an act of unfair competition or unfair market practice,
7) posting content undermining the good name or reputation of the Seller or third parties,
8) posting links to websites and files containing such content as indicated above.
6. It is prohibited to conduct in relation to the Store any penetration tests, security tests, attempts to break the protections, and hacking activities.
7. The User is liable for the content posted by them in the Store. If the User posts content in the Store that is prohibited by law or by the Terms and Conditions, the Seller is entitled to remove it, as well as to terminate the contract on the provision of services by electronic means on this basis with immediate effect.
8. The procedure for complaints concerning services provided by electronic means is as follows:
1) persons who are recipients of a service may file complaints regarding services provided by electronic means by the Seller; complaints should be submitted in writing or by e-mail to the addresses indicated in §1(4) of the Terms and Conditions,
2) the complaint must include:
a) designation of the User and the data identifying them,
b) designation of the service complained against,
c) justification pointing to the irregularity.
9. Complaints will be examined within 14 (fourteen) days of their receipt.
10. During the complaint procedure, the Seller may request additional explanations, documents, or verification of the event covered by the complaint.
11. After deciding on the complaint, the Seller will inform the complainant whether the complaint has been upheld or not (the information about the refusal to uphold the complaint will include a justification).
12. Once the complaint procedure provided for in the Terms and Conditions has been exhausted, the User who is a Consumer may use the court procedure to assert their potential claims or use the out-of-court complaint procedure provided for by the law.
13. The Seller also advices on the existence of the ODR (online dispute resolution) platform, operational since 15 February 2016, at: http://ec.europa.eu/consumers/odr and on the possibility to use the ODR platform to resolve disputes.
14. To comply with the law requirements for the provision of services by electronic means, the Seller hereby informs that:
1) using services provided by electronic means via the Internet is associated with risk. The main risk is the possibility of infection of the computer system by so-called viruses, worms, and Trojan horses. To avoid such risks, it is recommended that persons using the Store have antivirus software installed on their devices and that they keep it up to date,
2) The Seller introduces "cookies" to the computer system used by the person visiting the Store, which are a small fragment of text sent to the browser by the Internet service and which the browser sends back on the subsequent visits to the website. "Cookies" are mainly used to maintain a session, e.g. by generating and returning a temporary identifier after logging in. However, they can be used more extensively to store any data that can be encoded as a string of characters. This prevents the user from having to enter the same information each time they revisit the website, or move from one website to another.
15. The Seller reserves the right to draw up, for specific services provided by electronic means, terms and conditions that are separate from the present ones. Where such separate terms and conditions are in force, the provisions of paragraphs 1-14 above shall not apply to the service concerned.
1. The Seller undertakes, towards the Consumer, to deliver Products without defects.
2. The Seller is liable to the Buyer who is a Consumer if a Product sold has physical or legal defects. In relation to Buyers who are not Consumers, Seller's liability described in the previous sentence is excluded.
3. Complaints stemming from the rights of the Customers described in paragraph 2 above may be submitted to the Seller in writing or by e-mail to the address indicated in §1(3) of the Terms and Conditions.
4. A complaint should include at least:
1) designation of the complainant, with the necessary identifying data, including e-mail address,
2) designation of the Product subject to the complaint and a comprehensive indication of the irregularity.
5. Should the required information be missing, the Seller will call the complainant to complete it.
6. During the complaint procedure, the Seller may request additional explanations, documents, or verification of the course of event subject to the complaint.
7. Within 14 (fourteen) days of submitting a complaint containing all necessary data, the Seller will respond to it and notify the Consumer of the further procedure.
8. The Seller will do its best to process complaints without undue delay.
9. Upon exhaustion of the procedure set out in this paragraph, the User who is a Consumer has the possibility to use the court procedure to assert their potential claims or use the out-of-court complaint procedure provided for by the law.
10. The Seller also advices on the existence of the ODR (online dispute resolution) platform, operational since 15 February 2016, at: http://ec.europa.eu/consumers/odr and on the possibility to use the ODR platform to resolve disputes.
11. The Seller grants a 2-year warranty for its Products.
12. The Seller offers after-sales services.
1. Each User may, by providing their e-mail address, accepting the provisions of the Terms and Conditions, and submitting other required statements, express consent to receive the Newsletter at the provided email address.
2. Should the User express such consent, the Seller may periodically send the Newsletter to the email address provided by the User (at times defined at the Seller's discretion).
3. The User may unsubscribe from the Newsletter by clicking on the link included in each Newsletter message, by changing the Account settings, or by sending a message with the subscription cancellation request to the email address indicated in §1(4)(3) of the Terms and Conditions.
4. The Newsletter may contain paid promotion, commercial offers, industry information and advertising.
5. The Newsletter service is free of charge.
§10. Final provisions
1. The Seller is not bound by any additional, non-mandatory codes of good practices or other such documents, which does not prejudice the fact that under generally applicable provisions of law the Seller is already obliged not to infringe the principles of fair competition and not to employ unfair market practices.
2. In the case of a User who is not a Consumer, the assessment of the rights and obligations of the parties stemming from the Terms and Conditions shall be governed by Polish law. In the case of Consumers, the applicable jurisdiction is determined in accordance with the generally applicable law, in particular the law on the protection of consumer rights.
3. Any disputes arising between the Seller and the Customer who is not a Consumer will be resolved by the court with jurisdiction over the address indicated in §1(4)(1) of the Terms and Conditions.
4. All persons using the Store may access the Terms and Conditions at any time by clicking on the link provided on the Store website, and may copy the content of the Terms and Conditions to a file or download them in .pdf format and print them.
5. The Seller informs that the Terms and Conditions may be subject to change. In such a case, the Terms and Conditions will be provided to the User by placing them in the Store and on the appropriate websites of the Seller, as well as by sending the Terms and Conditions to the email address of the Customer.
7. These Terms and Conditions enter into force on 4.07.2022.