TERMS AND CONDITIONS OF USE FOR THE BENEKO MARKETPLACE WEBSITE


The beneko Marketplace operator

Business name:

Beneko.com LLP

Registered office:

The Business Resource Network, 53 Whateley’s Drive,
Kenilworth, Warwickshire, CV8 2GY,
United Kingdom

Company number:            

OC427952

Registered in:  

The Registrar of Companies for England and Wales

Email contact:
(hereinafter referred to as the “Operator”

info@beneko.com


I.
INTRODUCTORY PROVISIONS

  1. Beneko Marketplace is a comparison and shopping gallery enabling Users to compare various Offers of goods they select, offered by Retailers, in terms of price or other parameters. Further, the Beneko Marketplace enables Users to have their Orders processed directly on the Beneko Marketplace portal and to have them subsequently dispatched by the Retailer.
  2. These Terms and Conditions of Use for the Beneko Marketplace Website (hereinafter referred to as the “Conditions of Use”) lay down the use of the Beneko Marketplace by Users and Retailers and the relationship between the User, the Operator and Retailers. These Conditions of Use do not represent a purchase contract between the Retailer and the User, and consent to these Conditions of Use does not represent the conclusion of such a purchase contract, although they contain some arrangements that form part of such a purchase contract.
  3. To the extent to which they do not contradict each other, these Conditions of Use also apply to the following documents governing certain aspects of the relationship between the Operator and the User and/or the Retailer and forming the content of mutual agreements under the conditions specified by these documents:
    a) General Business Terms and Conditions of the Beneko Marketplace for Retailers (“Business Terms and Conditions”);
    b) Terms and Conditions for Use of PayU Payment System for Purpose of Paying Prices of Goods on Beneko Marketplace (“Terms and Conditions of PayU”);
    c) Beneko Marketplace Privacy Policy (“Privacy Policy”);
    d) Beneko Marketplace Cookie Policy (“Cookie Policy”);
    e) Terms and Conditions of use for the BENEKO APP mobile application (“BENEKO APP GBC”)
    f) Rules for editing product information on Beneko Marketplace (“Rules of Editing”)
    g) Rules on liability for content of reviews and contributions input by Users of Beneko Marketplace (“Rules for Writing Reviews” or “RWR”);
    (hereinafter referred to as the “Special Terms and Conditions”).
  4. If the Special Terms and Conditions make different provisions, the different provisions of the Special Terms and Conditions shall take precedence over these Conditions of Use. If it is not provided for otherwise, the interpretation of terms in Article II. of these Conditions of Use shall fully apply to the Special Terms and Conditions.

II.
DEFINITION OF TERMS

  1. E-shop – an online store operated by the Retailer under its own domain, linked with the Beneko Marketplace website by means of XML code.
  2. Guarantee – a guarantee of a refund of the purchase price by the Operator, provided for in Article VIII. of the Conditions of Use.
  3. Beneko Marketplace – is the online marketplace BenekoMarketplace.sk primarily grouping Offers by several Retailers, available at https://beneko.com.
  4. Basket or Shopping Basket – a service that enables a proposal for concluding a Purchase Contract to be sent to one or several Retailers directly through the Beneko Marketplace interface without the need to have access to the E-shop/E-shops websites.
  5. Purchase Contract – a purchase contract concluded via the Beneko Marketplace between the User and the Retailer.
  6. Order – a response to an Offer, sent to the Retailer by the User via the E- shop websites, the subject of which is an order for goods according to the Offer; an Order is regarded as a proposal for concluding a Purchase Contract.
  7. Retailer – an E-shop operator registered on the Beneko Marketplace, displaying Offers of goods, available through his/her E-shop, on the Beneko Marketplace website.
  8. Conditions of Use – these Terms and Conditions of Use for the Beneko Marketplace website, available at https://beneko.com/gbc.
  9. Offer – an offer of goods offered by the Retailer on his/her E-shop website, placed on the Beneko Marketplace website; an Offer is not a proposal for concluding a Purchase Contract.
  10. Portal – the Beneko Marketplace website, available at https://beneko.com.
  11. User – an internet user coming to the Beneko Marketplace website to browse offers of goods, conclude Purchase Contracts with Retailers and write comments and reviews of Retailers’ goods and services.
  12. Goods – an item or a service offered by the Retailer via his/her E-shop, whose offer is imported to the Portal by means of XML code.
  13. Operator – the Beneko Marketplace operator stated in the header of these Conditions of Use.
  14. United Kingdom or UK – The United Kingdom of Great Britain and Northern Ireland.

III.
REGISTRATION OF USERS AND RETAILERS

User registration

  1. The use of the Portal for the purpose of browsing Offers, reviewing Retailers or goods and searching for the best Offers is not conditional upon any User registration and is not associated with any expenses for the User except expenses for the operation of his/her own device and for his/her internet connection.
  2. Certain additional functions of the Portal require registration and the creation of a user account, which can be performed using the registration through the registration interface by entering the required details.
  3. Creating a user account requires stating a username, a valid e-mail address and password.
  4. The User has the option to log into his/her user account through the Portal’s interface and manage the details saved in his/her account.

Retailer registration

  1. To display Offers of Goods on the Portal, the Retailer is obliged to register through the Portal’s registration interface. Upon the confirmation of registration by the Operator, the Contract for the Use of the Portal is concluded between the Operator and the Retailer, which is governed by these Conditions of Use and by the Special Terms and Conditions, particularly by the General Business Terms and Conditions of the Beneko Marketplace for Retailers;
  2. Displaying offers of Goods on the Portal also requires successful implementation of the XML code into the Retailer’s system in a way that enables the importing of Offers from the E-shop websites to the Portal websites.
  3. The Retailer is not legally entitled to a Retailer registration or to the conclusion of the Contract. The Operator is entitled to reject Retailer registration or the Retailer’s proposal for concluding the Contract for the Use of the Portal, even without stating a reason.
  4. The rights and obligations of the Retailer related to registration, communication with the Operator and to the conditions of the XML feed which are not provided for by these Conditions of Use are governed by the General Business Terms and Conditions of the Beneko Marketplace for Retailers and by the Beneko Marketplace Guide for E-shops, available on the Portal websites https://beneko.com/. Every User or Retailer is only entitled to create a User account or a Retailer profile for himself/herself. Creating a User account or a Retailer profile by a person who is not authorised to do so is forbidden, and the Operator is entitled to act in relation to registrations created in this manner in line with his/her responsibility for the content stored on the Portal by Users in accordance with Article VII. of these Conditions of Use.

IV.
OFFER OF GOODS AND CONCLUSION OF A PURCHASE CONTRACT

  1. Retailers place Offers on the Beneko Marketplace website by means of automated software tools (XML code). Offers are automatically updated several times a day. An Offer refers to specific Goods offered by the Retailer and the Retailer is not entitled to require the User or the Operator to fulfil conditions other than the payment of the purchase price and the price of transport (in particular, he/she is not entitled to make the conclusion of a Purchase Contract conditional upon the purchase of more Goods, or upon reaching a certain total purchase price when purchasing more Goods).
  2. The Beneko Marketplace enables Users to search for and compare individual Offers, and as part of the Shopping Basket it enables the sending of Orders to certain Retailers for the purpose of concluding a Purchase Contract. Due to the fact that Offers are placed by Retailers based on automated processes, the Operator is not responsible for any errors, inaccuracies or incorrect details in the individual Offers; this is without prejudice to the responsibility of the Retailer (e.g. in the case of competition-related misconduct) and to the Guarantees of a Refund of the Purchase Price by the Operator in the case of withdrawal from a Purchase Contract.
  3. Beneko Marketplace only publishes Offers from registered Retailers. The Operator does not claim that the offer of goods includes the full range offered by online stores supplying goods to UK, nor is he/she responsible for it.
  4. The User can select goods offered by individual Retailers by selecting any relevant criteria or by entering the name of goods or its part into the Beneko Marketplace search field. After goods are selected by the User, the Beneko Marketplace will offer a list of the relevant Offers corresponding to the User’s selection. The list of Offers is arranged by the price of goods and the quality of the reviews of the given E-shop by Users.
  5. Publication of an Offer on the Portal is not regarded as a proposal for concluding a purchase contract. A proposal for concluding a purchase order is established upon the sending of an Offer to the Retailer by the User in accordance with this Article of the Conditions of Use.

Content of offers of displayed Goods

  1. Each Offer states at least the following details:
    a) name of the Goods;
    b) name of the Retailer;
    c) images of the Goods – catalogue images of the offered goods are also acceptable, which may differ in colour or in the properties of the goods, which are not clear from the images; the textual description is always decisive in assessing whether the goods match the Offer;
    d) specification of the Goods according to their nature (mainly details about the manufacturer, model reference, technical parameters);
    e) price of the Goods – is always stated as the final price, including VAT, and does not include the cost of transporting the Goods to the User, unless the Offer states otherwise; the price of the Goods offered by the Retailer on Beneko Marketplace must never be higher than the price of the goods offered on the E-shop website of the Retailer;
    f) price of transporting the Goods to the User or to the agreed collection point, or the price of the individual methods of transport offered by the Retailer, or information stating that the Retailer does not charge for transport;
    g) price for making a payment for the Goods when the User takes delivery of the Goods (“mail delivery”).
  2. After selecting specific Goods and a specific Offer by the Retailer, the User is provided an opportunity to conclude a Purchase Contract through the Shopping Basket within the Beneko Marketplace interface. After selecting Goods, the User is entitled to purchase the Goods directly on the Portal and is automatically offered the Offer from the Retailer with the best price.
  3. The Retailer is responsible for the proper provision of information, which must be provided to the User, where he/she is a consumer, before the conclusion of a Purchase Contract in accordance with respective laws of the UK on customer protection and if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence. The Operator is not responsible for any possible invalidity of the Purchase Contract, due to failure to deliver goods in accordance with the Purchase Contract or for their defects.
  4. If Goods are purchased directly on the Portal, the User saves the Goods in the virtual Shopping Basket by clicking the appropriate button within the Offer. Placing the Goods in the Basket is required before the Order can be submitted. The User is entitled to place several items in the Basket according to the Offers from various Retailers. Before submitting the Order, the User has an opportunity to find and remove any errors that occurred when entering details in the Order, in particular he has an opportunity to remove individual items from the virtual Basket, check and change the details stated in the order, mainly the quantity and type of Goods, contact details and delivery address.
  5. Before submitting the Order, the system always displays for the User all the Goods saved in the Basket, an identification of the individual Retailers offering the selected Goods, the price of these Goods, the quantity of the individual items (units), the total price of all the Goods saved in the Basket including the cost of the transport of the ordered Goods; the prices of Goods are displayed as prices including VAT, and if the User is a consumer, other mandatory information is also displayed in accordance with respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence.
  6. Before submitting the Order, the User is also provided with the following information in the Basket interface:
    a) information about the individual payment methods and their cost;
    b) information about the individual transport methods and delivery dates.
  7. Further, these Conditions of Use provide the User with the following information:
    a) information about the cost for the means of distance communication (Article IV., clause 14.);
    b) information about the rights arising from delivery of defective Goods or from failure to deliver Goods and about guarantee-related rights (Article VI.);
    c) information about withdrawing from the Purchase Contract (Article V.).
  8. The Retailer has authorised the Operator to provide the User, before concluding a distance Purchase Contract by means of the Shopping Basket, with information in accordance with respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence. The submission of the Order by the User is regarded as a proposal for concluding a Purchase Order. The Operator shall pass on this proposal to the Retailer/Retailers at which it is directed, without delay and using automated means. The Operator shall send, to the User without delay after receiving the Order, using the e-mail address stated in the Order, an e-mail with a summary of the Order containing at least an identification of the selected Goods and Retailers, the calculations of the purchase prices of the individual items and the total purchase prices of all the items according to the Order, specification of the transport method and its price, the purchase price, payment method, and also the delivery and billing address. The receipt of the Order summary by the User is not regarded as acceptance of the proposal for concluding a Purchase Order.
  9. Retailers are obliged to send to the User without undue delay after receiving the Order, using the e-mail address stated in the Order, an e-mail with a confirmation of the Order containing at least the information stated in Article IV. clause 13., and a link to their business terms and conditions. The Purchase Contract is concluded upon the receipt of the Retailer’s Order confirmation by the User. If the User is a consumer, the Purchase Contract is a consumer contract, governed by the provisions of respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence. The costs for using the means of distance communication (particularly the costs for connecting the User’s device to the internet and data transmission) are paid by the User in accordance with a separate agreement with his/her internet services provider.

V.
PURCHASE CONTRACT – THE RIGHTS AND OBLIGATIONS ARISING FROM A PURCHASE CONTRACT, WITHDRAWAL FROM A PURCHASE CONTRACT

  1. The provisions of these Conditions of Use which apply to the relationship between the Retailer and the User on the basis of a Purchase Contract concluded by means of the Shopping Basket (particularly its conclusion, performance and claims related to defects in Goods and guarantee claims) form an integral part of the arrangements between the Retailer and the User.
  2. On the basis of a concluded Purchase Contract, the Retailer is obliged to deliver to the User the Goods which are the subject of the Purchase Contract with the correct quantity and quality and using the correct delivery method as specified in the Order, and to send them to the User within a period corresponding to the information about the availability of the Goods stated in the Offer. If the User selects collection of Goods in person, the Retailer is obliged to prepare the goods for collection for the User with the quantity and quality according to the Order, and to prepare them for collection for him/her at the selected site at the time according to the Offer.
  3. On the basis of a concluded Purchase Contract, the User is obliged to pay the Retailer the purchase price and the price of transport, if it has been agreed, using the method selected when placing the Order. The User is entitled to select the method of payment of the purchase price in the Order. If the user selects card payment as the method of payment for the Goods, he/she is prompted to make the payment when creating the Order, where he/she is redirected to the relevant payment interface. After submitting the payment, the User is prompted to complete the Order. Upon payment, the Retailer is obliged to conclude a Purchase Contract with the User and is also obliged to send to the User an Order confirmation in the manner according to Article IV. clause 14. If the Order contains several units of Goods from different Retailers, the User can pay for all the units of Goods with a single payment using PayU. In such a case, the Operator is responsible for itemising the individual payments made via PayU for the individual Retailers in accordance with the applicable provisions of the General Business Terms and Conditions of the Beneko Marketplace for Retailers. The Retailer is obliged to send a tax document to the User together with the Goods.
  4. A User who is a consumer is entitled to withdraw from a Purchase Contract concluded by means of the Shopping Basket without stating a reason under the conditions provided for by respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence, within 14 days of taking delivery of the Goods.
  5. During the period according to the previous clause, the User has the right to unpack and try the Goods in a manner that is usual when purchasing from a traditional store. However, trying does not mean starting to use the Goods and then returning them to the Retailer.
  6. The Goods are considered taken over by the User at the moment when the Retailer or a third party appointed by him who is not the carrier takes over all parts of the Goods, or if:
    a) the Goods ordered by the User in a single Order are delivered separately, they are considered taken over at the moment of taking over the Goods that are delivered last; or if
    b) the Goods being delivered consist of several parts or pieces, they are considered taken over at the moment of taking over the last part or piece; or if
    c) the Goods are delivered repeatedly during a specified period, they are considered taken over at the moment when the first Goods are taken over.
  7. The Retailer is obliged, in accordance with respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence in Relation to Sales of Goods, to provide the User a Purchase Contract withdrawal form. Withdrawal from a Purchase Contract in relation to the Retailer must be carried out in writing, or by e-mail if the Retailer has committed to this method, and the withdrawal must clearly identify the Purchase Contract (e.g. with a number assigned to the User in the Order confirmation).
  8. The period for withdrawing from a Purchase Contract is considered to have been observed if the withdrawal is demonstrably sent to the Retailer before it ends (by 24:00 on the last day of the period).
  9. In the case of a withdrawal from a Purchase Contract, the User is obliged, within 14 days of withdrawing from the Purchase Contract, to send the Goods back or hand them over to the Retailer, or to a person authorised by the Retailer to take over the Goods, in a defect-free condition together with all accessories and complete documentation (purchase document, user manual, guarantee certificate) at the address of the Retailer or at another address stated by the Retailer for this purpose.
  10. To withdraw from the Contract, the user is entitled to use the contract withdrawal form attached in an electronic form at the end of these Conditions of Use, which he/she is entitled to copy or print for the purpose of completing it and sending it to the Retailer. The User is not obliged to follow the structure of the provided form in his/her withdrawal but acknowledges that he/she is responsible for fulfilling all content-related requirements related to a withdrawal so that the withdrawal is considered valid.
  11. The User is not entitled to withdraw from a Purchase Contract if the returned Goods are not complete (including accessories, guarantee certificate, user manual, etc.), or if the original purchase document is missing from the returned Goods (the invoice sent by the Retailer together with the Goods). The User is not, in accordance with respective laws of the UK on customer protection and, if the consumer has his/her habitual residence in the EU, additionally with the mandatory provisions of the law of consumer’s country of habitual residence in Relation to Sales of Goods, entitled to withdraw from a Purchase Contract the subject of which is:
    a) the sale of Goods the price of which depends on price fluctuations on the financial market which the Retailer has no control over and which may occur during the Purchase Contract withdrawal period;
    b) the sale of Goods made according to the Client’s special requirements, custom-made Goods or Goods intended specifically for one User;
    c) the sale of Goods that suffer rapid reduction in quality or are perishable;
    d) the sale of Goods enclosed in protective packaging that is not to be returned due to health protection concerns or for hygienic reasons, and the protective packaging of goods was tampered with after delivery;
    e) the sale of Goods which may, due to their nature, become inseparably mixed with other Goods after delivery;
    f) the sale of alcoholic beverages the price of which was agreed at the time of concluding the contract, but their delivery is possible after 30 days at the earliest and their price depends of price fluctuations on the market which the Retailer has no control over;
    g) the sale of audio recordings, visual recordings, audio-visual recordings, books or computer software sold in protective packaging, if the User has removed such packaging;
    h) the sale of periodicals except subscription-based sales, and the sale of books not delivered in protective packaging;
    i) the provision of electronic content in a manner other than on a physical medium, if its provision began with the express consent of the User and the User declared that he/she was duly informed that by granting this consent he/she loses the right to withdraw from the contract.
  12. If the User withdraws from a Purchase Contract legitimately, the Retailer is obliged to return the payments (the financial sum paid by the User for the Goods, including the costs for delivering Goods to the User) which it received from the User on the basis of the Purchase Contract or in relation to it, by non-cash transfer to an account or by postal order sent to the User’s address (by postal order only if the payment was made in cash or by mail delivery), within 14 days of the delivery of the contract withdrawal. The Retailer is entitled to a refund of actual costs associated with the return of Goods, if he/she incurred such costs. If the User paid the purchase price by non-cash transfer, the Retailer is obliged to return the purchase price to the user’s bank account from which the payment of the purchase price was transferred. If the User paid the purchase price by bank card, the Retailer is obliged to return the purchase price to the user using the same method. If the User does not receive the purchase price to be returned within the period in accordance with this Article, he/she is entitled to act under Article VIII. of these Conditions of Use.
  13. The Retailer is also obliged to return to the User, together with the purchase price, the costs for delivering the Goods to the User (postage, mail delivery). However, the Retailer is not obliged to pay the User any additional costs if the User selected a different delivery method, other than the cheapest ordinary delivery method offered by the Retailer. Additional costs are understood as the difference between the cost of the delivery selected by the User and the cost of the cheapest ordinary delivery method offered by the Retailer.
  14. The costs for returning the Goods to the Retailer (especially postage for delivering returned Goods to the Retailer) are borne by the User. The User is not entitled to return Goods to the Retailer by mail delivery. The Retailer is not obliged to take over Goods sent using this method.
  15. If the User withdraws from a Purchase Contract in accordance with these Conditions of Use and returns to the Retailer Goods which have been used and are damaged or incomplete, or if the value of the Goods is reduced due to the fact that the Goods have been handled in a manner that goes beyond the type of handling required to test the properties and functionality of the Goods, the Retailer is entitled in relation to the User to compensation for damages equal to the cost of repairing the Goods and recovering their original condition, or the Retailer has the right to claim from the User the sum of the reduction in the value of the Goods.
  16. If the User has withdrawn from a Purchase Contract illegitimately in accordance with Article V. clause 11. of these Conditions of Use, the Purchase Contract does not expire and the Retailer shall send the Goods back to the User at the User’s expense.
  17. The Retailer is entitled to withdraw from a Purchase Contract due to circumstances not caused by him/her, if he/she is unable to deliver the Goods that are the subject of the Purchase Contract duly and timely. In the case of a change of the expected delivery date for the Goods that are the subject of the Purchase Contract, the Retailer is obliged to inform the User without delay about the change in availability. If the User does not accept the new delivery date, the Retailer is entitled to withdraw from the Purchase Contract.

VI.
DELIVERY OF GOODS, EXERCISE OF CLAIMS RELATED TO DEFECTS IN GOODS, WARRANTY RELATED TO QUALITY, WARRANTY CLAIMS

Delivery of goods

  1. The Beneko Marketplace enables Users to have their Orders processed and dispatched by the Retailer in accordance with Article IV. of these Conditions of Use. In the case of problems with the delivery of Goods, warranty related to quality, or problems with a warranty claim, the User is entitled to approach the Operator, who warrants the fulfilment of legal obligations by Retailers. If the Retailer breaches the obligation to deliver Goods in accordance with the Order and fails to refund the paid purchase price to the User, the User is entitled to act under Article VIII. of these Conditions of Use.
  2. The Retailer is entitled to deliver Goods to the location stated by the User as the delivery address in the Order.
  3. Unless it is agreed otherwise, the risk of damage to the Goods and their accidental destruction or accidental deterioration of the Goods is transferred to the User the moment the Retailer handed over the Goods to the carrier. The Retailer is obliged to label the consignment addressed to the User clearly and comprehensively, or to inform the User by e-mail without delay that the consignment has been dispatched, otherwise the risk of damage to the Goods is not transferred to the User until the carrier delivers the Goods to the User.
  4. The User is obliged to inspect the Goods without undue delay after taking them over, and to make a claim to the Retailer for any defects immediately after they are discovered.

Delivery of defective Goods, discrepancy with the Purchase Contract

  1. If, based on an inspection of the Goods, the User finds that the Goods are defective or that the Goods delivered to him/her do not correspond to the Purchase Contract in terms of quantity, quality or design, the User is obliged to inform the Retailer about this fact without undue delay in writing or by e-mail to the address stated by the Retailer in the Order confirmation. If the User fails to inform the Retailer about the defect in a timely manner, he/she loses the right to have the defects in the Goods removed.
  2. If the defects in the Goods are substantial, i.e. they affect the basic functionality of the Goods, especially if the Goods are visibly or functionally damaged, or if a part of the Goods that is important for its functioning is missing, the User has the right to demand from the Retailer delivery of new Goods or the missing Goods or part thereof, repair, or the right to demand a discount from the purchase price or withdrawal from the Purchase Contract. The User is obliged to inform the Retailer about his/her preferred solution when reporting the defects in the Goods.
  3. If the defects in the Goods are non-substantial, i.e. they do not affect the basic functionality of the Goods, especially minor damage to the Goods not affecting functionality, a missing non-substantial part or defects related to quantity, the User has the right to demand from the Retailer removal of the defect or a corresponding discount from the purchase price. The User is obliged to inform the Retailer about his/her preferred solution when reporting the defects in the Goods.
  4. If the Retailer fails to settle the User’s claims related to defects in the Goods, the User is entitled to exercise claims related to the Guarantee in accordance with Article VIII. of these Conditions of Use.

Warranty

  1. The warranty period for goods delivered to the User (consumer) is 24 months, unless:
    a) the law specifies that certain types of goods have a different warranty period; or
    b) the Retailer or the manufacturer specifies a longer warranty period for certain Goods.
  2. The warranty period begins from the moment the goods are taken over by the user. The warranty period is typically stated in the warranty certificate or in other declaration by the Retailer; if Goods are not supplied with a warranty certificate, the User exercises the rights related to defects on the basis of the purchase document (invoice) issued by the Retailer.
  3. The warranty becomes invalid:
    a) at the end of the warranty period; or
    b) in the case of a breach of the protective seals or labels which prevent Goods from being tampered with, if they are present on the Goods; or
    c) in the case of unprofessional installation or other start-up, handling, operation, or negligence of the care of the Goods required, as specified in accompanying documentation, unless the instructions in the installation manual are incorrect.
  4. The warranty does not apply to:
    a) the wear of Goods caused by their normal use;
    b) defects caused by improper use of Goods, if it resulted in their damage;
    c) defects resulting from damage caused by natural phenomena (e.g. a lightning strike, floods) or as a result of excessive voltage in the power source;
    d) defects caused by the action of external events occurring after the risk of damage to items was transferred (Article VI. clause 3.) to the User, unless they were caused by the Retailer.
  5. The warranty related to the quality of Goods for a User who is not a consumer is governed by the warranty provided by the manufacturer or the distributor of the Goods. The length of the warranty period for a User who is not a consumer is stated by the Retailer upon request. If the distributor or the manufacturer provides a warranty related to quality to a User who is not a consumer, the provisions regarding the Guarantee (Article VI. clause 9. et seq.) shall be applied appropriately.

Warranty claim

  1. The User is entitled to make a warranty claim to the Retailer or at the authorised service centre of the manufacturer of the Goods. A warranty claim can be made by handing over the Goods in person, or by sending them to the address for settling warranty claims – always with a detailed description of the defect, purchase documents for the Goods, or the warranty certificate.
  2. The period for settling a warranty claim made by a User who is a consumer is 30 days, unless the law specifies otherwise. This period does not apply to warranty claims made by a User who is not a consumer. The person handling the warranty claim shall issue a document for the User about the details of the warranty claim and about the method of its settlement.
  3. In the case of a warranty claim due to an irremovable defect, the User is entitled to have the Goods replaced or to withdraw from the contract. The assessment of the nature of the defect for this purpose is the responsibility of the manufacturer, the distributor or their service centre. In the case of a warranty claim due to a removable defect, the User is entitled to have the Goods repaired.
  4. In the case of an illegitimate warranty claim (the defect was caused by improper use or incorrect handling, etc.), the authorised service centre or the Retailer are entitled to compensation for the costs incurred mainly in relation to the detection of the defect, the retrieval of the necessary details, testing and transport of the Goods for which the illegitimate warranty claim was made, etc. The User is obliged to pay the costs without undue delay at the request of the Retailer or the Operator of the authorised service, but no later than 14 days from the end of the warranty proceedings.

VII.
RESPONSIBILITY OF THE OPERATOR AND THE RETAILER

  1. The Operator acts as an intermediary in the conclusion of Purchase Contracts, being responsible for:
    a) assigning the contents of the Shopping Basket and sending the order to individual Customers;
    b) identifying a Retailer in the system.
  2. The Retailer is responsible for:
    a) ensuring that the data sent to be displayed on Beneko Marketplace matches the Goods that are the subject of the Offer;
    b) the compliance of the information forming a part of the Offer with legal regulations (especially with the copyright protection of any images used, the rights to use trademarks or other labels;
    c) the completeness of information forming a part of the Offer, especially for fulfilling the requirements arising from consumer protection regulations, and for special legal regulations regulating the relevant category of Goods (e.g. food supplements);
    d) timely order confirmation and Purchase Contract conclusion;
    e) timely dispatch of goods to the User, corresponding with the information about the availability of the goods stated in the Offer;
    f) ensuring the dispatched Goods match the Offer and the Order;
    g) settling claims made for defects in goods and warranty claims;
    h) adherence to the prohibition of using the personal data and e-mail address of the User, transferred from the Operator, for a purpose other than processing an Order and fulfilling the obligations arising from the purchase contract, in accordance with Article VIII. clause 3. (c).
  3. The operator is not responsible particularly for:
    a) the compliance of the Offer with legal regulations (a breach of a third parties’ copyright for images placed as part of Offers on the shopping gallery websites, a breach of the legal regulations regarding personality rights, consumer protection, protection against unfair competition and the protection of industrial property by the Retailer);
    b) ensuring that Offers match the delivered Goods;
    c) timely delivery of goods by the Retailer in relation to the information about the availability of the goods stated in the Offer;
    d) the compliance of the goods with the Purchase Contract;
    e) the settlement of claims for defects in goods or warranty claims by the Retailer or a service centre;
    f) damage caused to the User or third parties by delayed delivery of Goods by the Retailer, or as a result of using the Goods;
    g) selection of incorrect or unsuitable goods by the User;
    h) unavailability caused by the User’s and/or the Retailer’s internet connection provider;
    i) the availability of the Portal.
  4. A breach of the Retailer’s responsibilities in the cases under clauses 2. and 3. of this Article is without prejudice to the Operator’s Guarantee in accordance with Article VIII. of these Conditions of Use.
  5. The responsibility of the Operator, acting as an information services provider, for the content of information supplied by Retailers is governed by respective laws of the UK on electronic communications.

VIII.
GUARANTEE OF A REFUND OF THE PURCHASE PRICE

  1. The Operator provides the Guarantee for the User, i.e. undertakes to pay the User a refund of the purchase price, provided that the conditions for the payment of the refund, as stated in these Conditions of Use below, are fulfilled. The Guarantee applies only to goods purchased based on a Purchase Contract in accordance with Article IV. of these Conditions of Use.
  2. The Guarantee of a Refund of the Purchase Price applies to any of the following cases:
    a) A User, who is not a consumer, withdrew from a Purchase Contract in accordance with Article V. clause 3. of these Conditions of Use, and the Retailer did not return the purchase price within 30 days of the delivery of the withdrawal;
    b) On the basis of a duly concluded Purchase Contract, the User received goods which are different from the goods in the Order, and the Retailer fails to deliver, within 30 days of being notified of the fact by the User, goods which match the order, nor does he/she refund the User the purchase price;
    c) On the basis of a duly concluded Purchase Contract, the User did not receive the goods which are the subject of the Purchase Contract, and the Retailer failed to deliver the goods within 30 days of being notified by the User, nor did he/she refund the User the purchase price;
    d) The User made a claim related to the quality of goods duly and legitimately, and the Retailer failed to settle this legitimate claim, failed to remove the defects according to the nature of the defects for which the claim was made, or replace the goods, nor did he/she refund the User the purchase price.
  3. The entitlement to a refund of the purchase price is conditional upon the following, with all the other stated conditions having to be fulfilled at the same time:
    a) The User is in one of the situations in accordance with Article VIII. clause 2.;
    b) The User filed a criminal complaint or contacted the administrative authority competent to hold a hearing regarding an offence or an administrative offence, and delivered to the Operator a copy of the relevant criminal complaint or a copy of other submission, always marked with a stamp or in a similar way confirming the receipt of a criminal complaint or other submission by the competent authority;
    c) The User made a claim to the Operator for a refund of the purchase price via his/her user profile on Beneko Marketplace (the relevant form must be completed and submitted) and demonstrated the fulfilment of one of the conditions in accordance with Article VIII. clause 2., primarily by delivering the associated electronic and documentary documentation to the Operator;
    d) Before receiving a refund of the purchase price, the User did not receive a similar refund for another reason (for another legal reason) or from another entity.
  4. At the request of the Operator, the User is obliged to provide or supplement all information related to the Order and to the claims made by the User. Further, the User is obliged to inform the Operator without undue delay about any new facts that may affect the assessment of the User’s entitlement to the Guarantee; this provision is without prejudice to Article VIII. clause 7.
  5. If the conditions in accordance with clauses 2. and 3. of Article VIII. are fulfilled, the Operator is obliged to refund the purchase price to the User, within 30 days of the moment the entitlement to the refund from the Retailer was established, by bank transfer to the bank account of the User from which the purchase price was paid to the Retailer.
  6. The amount of a purchase price refund paid using any online payment method within PayU, including card payments, is not limited. The amount of a purchase price refund paid using a different method is limited to a maximum of EUR 2000 for a single Purchase Contract, and it can reach a maximum of EUR 8000 for a single User per calendar year.
  7. In the case that the User, during the period between making a legitimate claim for a refund of the purchase price and receiving a purchase price refund, receives a purchase price refund from the Retailer or other entity, he/she is obliged to inform the Operator about this fact without delay and, if applicable, return the received refund to the Operator without delay to the Operator’s bank account from which the refund was sent. The same applies in cases where the User did not withdraw from the purchase contract and after making a claim for a refund of the purchase price to the Operator, he/she received the goods from the Retailer according to the Order.
  8. Regardless of the above, the User’s entitlement to a refund of the purchase price is not established on the basis of the Guarantee, if the User made a claim for a refund of the purchase price in the period 30 days before the day on which the relevant Retailer was declared bankrupt in accordance with the laws of the UK. This provision is not applied in cases where a proposal for declaring the relevant Retailer bankrupt is rejected by the bankruptcy court or withdrawn by the complainant.
  9. Within the Guarantee programme, the User is entitled to return Goods to the retailer in their original undamaged condition within 3 months of purchasing the Goods. The Retailer is entitled to a payment of 10% of the price of returned Goods for any Goods received in this manner. The Retailer shall charge the Operator the relevant amount by means of an invoice, which shall contain the order number and which he/she shall send by post or by email to: info@beneko.com.

IX.
RIGHTS AND OBLIGATIONS OF THE USER, RULES FOR INSERTING POSTS

  1. The User is entitled to inform the Operator about cases where the Retailer did not deliver Goods on time, or if the delivered Goods were not in compliance with the Purchase Contract concluded by means of the Shopping basket in accordance with Article IV. of these Conditions of Use.
  2. The User is not entitled to use any tools not provided by the Operator to influence search results when searching Offers on the portal or to influence other functions of the Portal, or to use these tools or provide them to other persons. In particular, the User is not entitled to interfere with the machine code of the Portal, to implement software into the Portal’s system influencing search results or interfering with other functions of the Portal, or to offer such software to other Users, Retailers or third parties. In the case of a breach of this prohibition, the Operator is entitled to cancel the User account of the given User, block the IP address of the User or to cancel the registration of a Retailer who uses the given tool to influence the Portal’s functions.

Rules for inserting User reviews

  1. The User is entitled, via the Beneko Marketplace interface, to insert User reviews next to individual products as well as posts in the customer advice sections and reviews of individual Retailers (jointly referred to as “Posts”). User posts express the opinion of their authors only and do not express the opinions of the Operator. The Operator is not responsible for the truthfulness of the information presented in Posts or for the compliance of this information with legal regulations. These are mainly anonymous Posts that Users should understand as a subjective opinion which may not provide complete or truthful information about the quality of goods, E-shops or Retailers.
  2. The Operator is entitled to remove or edit any Post without stating a reason, especially a Post that is contrary to legal regulations, accepted principles of morality, is not related to the topic or could in a certain way damage the Operator, the Retailers or other Users. The Operator is not obliged to inform the User about the removal of posts or to state the reasons for the removal to the User.
  3. Inserting Posts is free of charge and no remuneration is paid to Users for it. By inserting a Post, the User grants his/her consent to the use of the Post in the shopping gallery in the form of disclosure to third parties, reproduction and modification of the Post, regardless of whether it is a copyright-protected work in accordance with the laws of the UK or not. The Operator is entitled to grant a third party the (exclusive or non-exclusive) right to use Posts.
  4. When inserting Posts, the User is obliged to refrain from including personal details of other persons, details about health status and other special categories of personal data and information creating the impression among other Users or Retailers that the given information is stated by the Operator or a person authorised by the Operator.
  5. The rules regarding responsibility for the content of posts and their removal shall be established by the Rules for content of reviews (https://beneko.com/review-rules) and contributions (https://beneko.com/product-edit-rules) input by Users of Beneko Marketplace.

X.
APPLICABLE LAW AND OUT-OF-COURT DISPUTE RESOLUTION

  1. These conditions are governed by and construed in accordance with the laws of the United Kingdom, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. The Operator, Purchasers and Users agree to submit to the non-exclusive jurisdiction of courts of England and Wales, which means that Users may bring a claim to enforce his/her consumer protection rights in connection with these Conditions of Use in UK or in the EU country in which Consumer has his/her habitual residence in the EU.
  2. Users who are resident in EU member state or in Norway or Iceland are entitled to submit a proposal for extrajudicial resolution of their dispute with the Retailer through the European Consumer Centre in their country of residence; the list of the relevant consumer centres is available on the European Commission website at  http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.
  3. The possibility to submit a proposal for extrajudicial resolution of a dispute with the Operator applies exclusively to disputes related to the Portal services provided by the Operator, and hence not to disputes between the User and Retailers arising from Purchase Contracts concluded through the Portal; such a dispute can be resolved extrajudicially if the User has the status of a consumer in relation to the Retailer, but without the Retailer’s participation.

XI.
FINAL PROVISIONS

  1. These Conditions of Use become valid and effective on 01.11.2019.
  2. The Operator is entitled to amend these Conditions of Use unilaterally and to the appropriate extent, mainly due to changes in legal regulations, technological changes affecting the Operator’s communication with the User or the Retailer and the possibilities and methods of concluding Purchase Contracts, and also due to an extension or changes in the services provided by the Operator. A new version of the Conditions of Use will by no means be used for Orders submitted during the period of effectiveness of the previous (older) version of the Conditions of Use. Such orders are governed by the previous wording of the Conditions of Use.
  3. If the Operator makes changes to the Conditions of Use, he/she is obliged to notify it to Users and Retailers at least 14 days before the effective date of the new version of the Conditions of Use in the form of an e-mail sent to their up-to-date e-mail addresses. The notification shall also include the wording of the Conditions of Use in .pdf format or other format that enables the textual form of the Conditions of Use to be displayed and easily archived. The User is entitled to reject changes in the Conditions of Use in writing by sending a letter to the Operator’s address or by sending an e-mail to the Operator’s contact address. If the User does not reject the changes in the Conditions of Use, it shall be assumed that he/she has accepted the new wording (version) of the Conditions of Use by sending the first Order or by logging into his/her User account; this applies only if the new version of the Conditions of Use was sent to the User sufficiently in advance.
  4. If the User or the Retailer informs the Operator in accordance with Article XI. clause 3. that he/she did not accept the new changes in the Conditions of Use, the original wording of the Conditions of Use shall be applied to all legal relationships between the Operator and the User or the Retailer that had been established prior to that moment. In such a case, the Operator is entitled to end the User’s registration on the Portal or withdraw from the Contract for the Use of the Portal concluded by means of Retailer registration between the Operator and the Retailer under clauses 5. to 9. of Article III. of the Conditions of Use.
  5. In the case that a certain provision of these Conditions of Use becomes invalid for any reasons, this fact does not cause the invalidity or ineffectiveness of the other parts of the Conditions of Use.
  6. These Conditions of Use are primarily drafted in the English language and if they are translated into another language and if there are differences between the language versions, the English language version takes precedence and is legally binding.
  7. For the purposes of any communication with the Operator, the User is obliged to use the contact details stated on https://beneko.com/.