Contracting Conditions

1. Identification:

These Standard Contracting Conditions apply to all commercial transactions in our virtual store, www.banak.com.pl, web domain operated to ASUNTOS GLOBALES DE COMERCIO, S.L.U., society established legally in Spain (ID. B98056328), based in Gran Vía Fernando el Católico, 14-15, 46008, Valencia (VALENCIA), and registered in the Registro Mercantil de Valencia Tomo 8916 Libro 6202 Folio 206 Hoja V-130060 Inscripción 1.

2. Activity:

www.banak.com.pl deals in sell and provide available to the public of furniture and decor products, exclusive of its brand.

3. Content and information provided on the web site:

www.banak.com.pl reserves the right to modify the commercial offer presented on the WEBSITE (modifications about the products, prices, promotions and other commercial and services conditions) whenever.

www.banak.com.pl makes every effort within its possibilities to offer the information content in this WEBSITE in a truthful way, without misprints. If in some case it produces some misprint, in every moment beyond the control of www.banak.com.pl, it would correct immediately. If there is a misprint in any showed price and if some customer had taken a purchasing decision based on that misprint, www.banak.com.pl will communicate that error and the customer is entitled to cancel his purchase without costs, except the freight of the returned goods.

The contents of the WEBSITE www.banak.com.pl could show, sometimes, provisional information about some products. If the provided information doesn’t correspond with the characteristics of the product the customer is entitled to cancel its purchase without costs, except the freight of the returned goods.

The furniture and complements contents in this WEBSITE have the retail prices (VAT includes) in España. To know the sale conditions in other countries, you have to accede through the icon which represents the flag of every country. The prices, measures and references are annually valid and they will be up to date as more exactly as possible, except misprint or VAT change.

The presentation of the products is based in the classification criterion through catalogues which put into groups categories, personality and the modelling of this products or through rooms of a house, combined with their usefulness. The photographs respect, as maximum as possible, the own physiologists of the products, but they may cause differences in the colour or measures distortion, it depends of the configuration and the screens resolution. At the same time the furniture entail a number of qualities which make it unique and unrepeatable, one of them is its artisan nature where is possible to saw some typical irregularities of the hand-made products, like streaks or grooves which are part of their personality. www.banak.com.pl shall not be liable for any inconvenience that the imperfections before mentioned may cause.

4. Sales System. Request:

To make a purchase, the USER has to include the wished product into the trolley through the existence menu on the WEBSITE www.banak.com.pl.

Prices of products on display on web www.banak.com.pl, include the VAT which, in case are appropriate to apply.

Purchases that are going to be delivered in any the territory of EU member will be subject to VAT.

Purchases that are going to be delivered in territory of no member states of EU, Canary Islands, Ceuta and Melilla will be exempt of VAT.

5. Payment:

The payment is in advance, so you have to pay the total amount when you place your order. You can choose pay your purchases with the next four methods of payment: credit or debit card, PayPal, bank transfer or financing. www.banak.com will confirm your order when we receive the payment. In www.banak.com.pl we only use safe methods of payment guaranteed by banks and financial entities. The bank details of the buyer are not preserved in any case for www.banak.com.pl

For payments through bank transfer or financing, the articles of the order won’t be reserved until the payment validation doesn’t be ready. For this reason can be affected the shipment period and the availability of the stock of the orders with these methods of payment.

6. Way, costs and delivery time:

Which address do you wish to receive your orders? The orders will deliver in the address which you indicate us in the moment of request it, so www.banak.com.pl assumes no liability when the delivery cannot made it because of wrong data or incomplete data.

If nobody’s in delivery address indicated for the consignee, www.banak.com.pl reserves the right to make a second delivery, which postage will be assumed by the customer, or if it not possible to deliver the goods because of any reason, www.banak.com.pl reserves the right to don’t return the amount paid for it.

In case of the order cannot be receive for the consignee, for any reason alien to www.banak.com.pl, or the consignee is absence repeatedly, www.banak.com.pl, assume any liability and reserves the right to charge any relevant cost to the customer.

When the customer request a modification in the order concerning to changing delivery address, in this cases which this change in the delivery address entail a change in the sale point to make the delivery. It can charge extra costs generating for this operation, prior communication and acceptance by the customer.

When for any reason the customer wish to cancel the order before delivery date, Banak can charge to the customer the 50% of total amount of the order.

If the order is delivered through our logistics service, will contact you from the logistics platform in order to settle on data and hour for the delivery.

If the service or product which the customer requested is not available, we will inform you about this lack of availability and we undertake to give you a solution for this problem as soon as possible.

Delivery way:

It’s important to clarify that the costs are calculated for deliveries not for order.

Naturally, one order can contain several articles with different delivery dates, allowing you if you prefer receive the total of your order in a unique delivery or in more than one.

Furthermore, delivery conditions change depending of product’s typology, classifying in two categories which are the followings:

- Deliveries with logistics service:

This system is used for bulky furniture in modality ‘door-to-door’. That’s mean; the carrier will deliver furniture at the door of the house, so, in entrance hall.

This kind of delivery cost 40 € (VAT include). The delivery time will be around 15 days from the shipping of our warehouse.

- Delivery by parcel service:

a) Courier service for furniture:

Some small / medium furniture do not need assembly, so will be delivered through this system, faster and cheaper than the previous. The parcels will be delivered on the ground floor. The price not includes neither delivery at home nor installation.

The cost is 9 €/16 € (VAT include) to each small/medium furniture paying 40 € at the most .

Delivery time will be around 72 hours from the shipping of our warehouse. Before the delivery, you will receive an email of the courier which informs about the delivery of your package.

b) Courier service for decoration:

The decoration articles will be delivered through this system, faster and cheaper. The parcels will be delivered on the ground floor. The price not includes neither delivery at home nor installation.

Up to the amount: price:
100,00€ 15,00€
500,00€ 22,00€
more free

Delivery time will be around 72 hours from the shipping of our warehouse. Before the delivery, you will receive an email of the courier which informs about the delivery of your package.

Banak Importa ® gives you away with free home delivery to amounts equal or higher to 500 € (VAT include), just if the order is sending in one deliver, and only for products with discount is not higher to 40%.

In the card of each product you will find the delivery way for everyone, if it’s going together articles with different delivery ways, they always will go via parcel service.

When do you receive your furniture? We confirm you the delivery time predicted to you order.

If we don’t have stock available in our warehouse, you don’t have to worry about it, our WEBSITE will indicate you if this concrete product is in manufacture. In this case the delivery time is extended around 15 days more, or if the sale via internet is temporarily deactivated for some furniture you should go to a point of sale of Banak Importa.

When the delivery has made through the logistics service, the carrier will contact you in order to settle on data and hour for the delivery. The decor products requested by you will be sent you via parcel service in a short time directly in your dwelling.

By virtue of the legislation currently in force, if it has completely impossible for us to fulfil the contract because of the product or service, that is the subject of the order, is not available, the customer will have to be informed of this lack of availability. We undertake to give you a solution for this problem as soon as possible.

In case of delay of your order for not planned reasons as: variation in delivery dates, variation in availability for your order, the impossibility of carrying through the delivery on time, absence of the purchaser or the need to use special ways for the delivery, it must to proceed with the delivery extra payments which have to be borne 100% by the purchaser.

7. Guarantee:

www.banak.com.pl answers about the guaranties legally required by legislation in force.

All furniture has 24 months of guarantee against manufacturing defect. This guarantee include postage, material and labour but by the law of guarantee of goods consumer, it is exclude of this guarantee the own characteristics of the product and also the damage made it by bad uses.

This guarantee don’t include defects generated by negligence, knock, improper use or manipulation, incorrect installation make it by not authorized installer where applicable, or materials worn by normal use.

The guarantee will lose its value:

- If you modify, distort or replace some guarantee’s data o receipt of purchase.

- If you handling or repair the identifying number as the object itself without the knowledge of authorized installer.

To make use of the guarantee is essential to present guarantee certificate together with receipt of purchase.

8. Changes:

In case of wrong consignment, www.banak.com.pl will proceed to forward the order again, taking bear of delivery payments.

In case of defective products, www.banak.com.pl will proceed to change the defected product, taking bear of delivery payments, whenever:

If the merchandise arrives damaged for flaws in the transport, with knocks or breakage clear and obvious, the customer will have to make the claim indicating it on the delivery note or sending in writing such claim to www.banak.com.pl within the stipulated period of 24 hours starting from the reception of the goods. If this deadline doesn’t mark, www.banak.com.pl reserves the right to not change the furniture.

If the defect proceeds of production, and it is not visible or is imperceptible when the customer receives the merchandise and the customer realise subsequently, www.banak.com.pl provides its customers with its guarantee for 24 months.

To make the change, send us an email, through the following address: postventaweb@banak.com

The delivery payments just will be refundable in case of wrong sending or defective product.

9. Returns:

In case of the customer decided to give up the purchase and make a return, www.banak.com.pl offer to the customer 14 working days to exercise his right in order to cancel the purchase contract, for any reason. The cancellations have to be sending via registered letter with acknowledgment of receipt to: ASUNTOS GLOBALES DE COMERCIO, S.L.U., Gran Vía Fernando el Católico, 14-15, 46008, Valencia (VALENCIA). In this case the customer will pay the costs of return the product and the damage concerning to the return of the product, if any.

Exceptions to the return of products of this brand will be: the products made or manufactured expressly or custom made and the upholsteries, since, because of its nature, it’s not compulsory its return.

It will not accepted returns of products in which you have choose size and/or finish because they are articles made expressly for you.

The returned product will have to give it in proper state, in his original packaging and with all its accessories. Spontaneous returns won’t be accepted without the agreement of www.banak.com.pl

The price paid for the customer about the items will be refunded in his account as soon as possible, since the date of the delivery and reception of these items. If the customer chooses to withdraw the merchandise with the haulage contractor of www.banak.com.pl the refund will be made when the global costs of 150€ (VAT include) in order to take away the merchandise had being deducted.

We remind you that this conditions are just applicable in web orders.

10. Customer obligations:

The customer of www.banak.com.pl undertakes to provide at any time truthful information about the data requested in the USER registered form or in the execution of the order, and he undertakes also to keep up-to-date at all time.

The customer undertakes to accept all regulations and conditions establish in the present General Contract of Terms and Conditions understanding that they figure the best possible willingness of service for the kind of activities that www.banak.com.pl develops.

The customer undertakes to enable the delivery of his requested order to providing a delivery address where it can be delivered that order within the regular time of delivery of goods. In case the customers don’t fulfil with their obligations, www.banak.com.pl won’t have any responsibility about the delay or impossibility to deliver their requested order.

11. Security and confidentiality:

www.banak.com.pl ensures security and confidentiality in all communications with its customers.

All on-line payments are made through a secure server, based in SSL standard which protect the data against third-parties. Data provided during the purchasing process are saved in a specially-aimed data base.

www.banak.com.pl ensures protection and confidentiality of personal data, home data, payments data or whatever kind of data that our customers provided us in accordance with the applicable in the Organic Law 15/1999, of December 13, about protection of information of personal character.

All data relayed by our customers to www.banak.com.pl or to its workers will be include in a personal data automatic file, created and kept under the responsibility of www.banak.com.pl, with the purpose of process the purchase and the subsequent delivery of the products, just like manage the applicable guarantees at the same, and in case, allow the subsequent sending of promotional information.

In this sense, we inform you that your data will be communicated to third parties with which Banak has commercial relationships, between which are franchise holder companies and the own shops that are part of Banak. Equally, it will allow send communications of the identifiable information to third entities of the following activity areas: furniture, decoration and interior design, with the purpose to receive promotional communications through any via, such as SMS, email, postal, etc. In any case, you always can consult more information about the use of your data and request the cancellation regarding the communications or commercial promotions in agreement with privacy policy instructions.

In compliance with Organic Law 15/1999 of 13 December, customers of www.banak.com.pl can exercise their rights of access, rectification, cancellation and opposition of their personal information communicating it by writing to ASUNTOS GLOBALES DE COMERCIO, S.L.U., Gran Vía Fernando el Católico, 14-15, 46008, Valencia (VALENCIA).

In case of that information supplied are associated with a purchase, Spanish legislation obliges us to keep those details for at least during five years so they cannot be deleted or rectified although the customer requests it.

12. Applicable legislation and competent jurisdiction:

Buying and selling made with www.banak.com.pl it submit to the Spanish legislation.

In the event of any conflict or discrepancy in the interpretation or application of these contract terms, the Courts and Tribunals which known the matter, if appropriate, will be those stipulated by applicable legal rules in competent jurisdiction, in which is attended, in the case of customers, the place of performance of the obligation or the address of the purchaser.

In the event that the purchaser is resident outside of Spain, both parties hereby expressly waive any other jurisdiction, the Courts of Valencia (Spain).

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