Terms & Conditions

These General Terms and Conditions are an integral and supplementary part of an order placed with Beliani Canada, which is part of 1291 Furnitures Inc., based in Toronto, ON  (hereafter "Beliani"), for orders placed via the Internet or by telephone.
 

Offers

Unless otherwise agreed, deliveries shall be performed in accordance with the presented sample or model and its description. Colour, structure and processing shall be subject to change. Furthermore, any information shall be subject to errors due to technical deficiencies of our shop system or incorrect information provided by our suppliers.


Territorial Validity of our Offers and Prices

All prices are strictly net and include value-added tax in the case of delivery prices and shipping charges.

The indicated delivery prices and shipping charges shall not apply to any orders with delivery addresses at remote locations. For such orders, please enquire about our conditions of shipment or delivery. We shall be happy to make you a favourable offer.


Delivery

We shall deliver our goods within the indicated delivery periods according to the product description. Our products are delivered only on specified delivery dates in accordance with the product description. Except cases for which we are not responsible. No claim for compensation is possible in the event of delays in delivery as well as of not delivering within the set delivery dates.

Deliveries shall only be made to the curbside and not to the home, maximally to the point to which the carrier can drive his vehicle.

The time specified in the dates are related to working days (from monday to friday) and not to the entire week (weekend and public holidays).
 

Time of Ordering, Ownership

The contract between Beliani and you as the Customer shall come into existence at the time and date when you accept the General Terms and Conditions and bindingly confirm an order on our website. You as the Customer hereby recognise the logged content of our website as a means of evidence. You shall receive an email containing your order as a confirmation if correct information has been provided.

Until the full payment of the purchase price, the goods shall remain the property of Beliani. Said company shall be entitled to cause a relevant entry in the Register of Title Retentions at the Buyer’s expense if it considers the claim to be at risk.


Liability and Applicable Law

We shall not be liable for any damage that we could not have influenced ourselves. For any damage which results from the purchase, shipment or use of the products and which we could have prevented, we shall be liable up to the purchase amount of the product. The maximum amount of loss shall be limited to C$ 5000 in any case.

For any offsetting of claims, the consent of both Parties shall be necessary. In the case of any damage or complaints, the Parties shall undertake to initially seek direct contact or to use all other possibilities of arbitration prior to resorting to litigation. Canadian law shall apply. The place of jurisdiction shall be Toronto.


Complaints (see also "Warranty")

Any complaints shall be made within 8 days after the receipt of the goods. Any defects emerging at a later date, i.e. during the warranty period, shall be reported immediately after their discovery. Defects shall be rectified by Beliani GmbH free of charge, unless Beliani GmbH prefers to provide faultless goods by way of replacement. Any further claims shall be excluded. For defects that are not covered by the warranty of the seller, the buyer will receive a suitable offer. Under warranty, the customer has to return at his expense the goods within 14 days after discovery of the defect to the warehouse address the seller is specifying. In case of replacement, the customer pays for shipping expenses.The guarantee commences on the day of purchase.

All the services (payment fees, express delivery, installation, etc.) are excluded from the refund. In case of technical products or built-in appliances, the customer has to identify the faulty part himself or ask a qualified technician to do so, and send the item to us.

 

 

Warranty on the mattresses

Because we strongly believe in high quality of our mattresses, we give a 12- year warranty. The warranty covers defects related to the mattress design and construction. Applies to private use only. The warranty covers following defects:

• springs in spring mattress

• filling in foam mattress

• filling in latex mattress

• electric motor in electric, adjustable bed (a two-year warranty)

The warranty does not apply to mattress pad and topper. Furthermore, it does not cover defects related to inappropriate use e.g. splitting, tears, sagging, scratches, and stains caused by the buyer after the product delivery. In such cases, warranty does not apply. The warranty is also not applicable to any defects resulting from improper use, bad assembly, lack of maintenance or incidental and consequential damages. The warranty does not apply in case of improper repair attempts, alteration or customization by an unauthorised person. The warranty does not cover zippers, handles and moulding of the product. Repair or replacement of the product does not change the warranty duration. The warranty is only valid if the correct bed frame was used for the product. In case of a pocket mattress with flexible cold foam or latex mattress, the bed frame should have at least 26 slats. The client must send the product at their own expense to our warehouse for damage evaluation. If the product is withdrawn from sale by that time, the seller decides on a proper replacement.

 

100 Day Return Policy 

Your satisfaction is most important for us. If you do not like your product or it doesn’t fit, you can return it within 100 days. The following rules apply:

Return period
14 days
15 - 100 days
Who covers delivery costs, if delivery was charged?
Beliani
Customer
Who covers the costs of the return?
Customer
How should the product be returned?Originally packed and ready for transport, prepared at the curb side.Originally packed, not used and ready for transport, prepared at the curb side.
What to do when you do not have the original packaging?The return of the product is not possible.The customer needs to organise an alternative packaging protecting the product appropriately. The customer will be charged a re-packaging fee.
Large dimension deliveriesBeliani will organize pick up of the product within 14 days, as soon as the customer gives notice of the product being ready.
Parcel deliveries (small products)Beliani will organize pick up of the product within 14 days, as soon as the customer gives notice of the product being ready.
When will the customer be refunded?The customer will receive a refund within 7 days of the return to our warehouse.The customer will receive a gift certificate in the amount of the product value within 7 days of the return to our warehouse.
We do not refund–additional services (e.g. assembly, express delivery etc.)
–payment fees.
Foreign deliveriesIn the case of foreign deliveries and returns, additional costs may apply.
Excluded from returnsBeliani shall accept hygiene articles (bed linen, pillows and blankets, towelling, mattresses, mattress covers etc.) in their unopened original packaging only.

 

Returns

The customer has an unconditional right to return any article ordered online within 14 days. If you are not satisfied, you can return our furniture without giving a reason or explanation. You have to keep the original packaging. We will ask you to send smaller items back yourself via a parcel courier company. For larger items, we can arrange a delivery company to pick-up the goods. Shipping charges may apply for return shipments.

Transportation risks, damages and transport insurance

Transportation is at the risk of the customer, but is partially covered by a transport insurance. The customer is obliged to immediately review the accuracy, completeness and integrity of the goods delivered or picked up. The damage of the goods delivered or collected must be reported to us no later than 24 hours after delivery by written notification. Any delivery document from the carrier must be clearly signed with the word "Damaged". If an inspection of the goods is not possible, the carrier's proof of delivery should be marked with the word "Damaged" in order to reserve all rights. The original packaging must be kept by the customer in case of a claim, it should only be disposed after written confirmation from us. At the end of the order process, the customer can optionally purchase a transport warranty, it may cover any loss and damage during transportation. A transportation warranty covers damage and loss during the transport up to the value of the goods at the time of ordering. The customer can only get a repair, exchange (new delivery) or a financial compensation up to the value of the goods. The decision to repair, exchange or financial compensation can be decided only by the seller. The damage of the goods delivered or collected must be reported to us by e-mail within 24 hours. The customer is obliged to meet these deadlines to take advantage of the warranty. The shipping warranty is not available if it was not purchased during the ordering process. In case of a product return, the amount of the transportation warranty will not be refunded. Repairs carried out by the customer without consent from us can not be further processed in the warranty.

 

Privacy

We value the privacy of our customers. All information provided to us through the use of this website or given to us over the phone, will only be used within the process of our customers buying products from Beliani or requesting information on Beliani and its products.

By entering your information on this website you consent that we may use your information for the purpose of processing your orders including delivery of products. Beliani may forward this information to any third parties that are involved with processing the orders.

By creating an account with us, you may access and change your information at any time. Please rest assured, your personal information will never be sold or given to any other sources without your approval.

 

Disclaimer

Persons retrieving information from websites of Beliani declare that they agree to the following conditions. Possible special agreements concerning specific services or products of Beliani are effective alongside these conditions.

 

Copyright

The copyright to the design of our website and to its contents, including but not limited to texts and graphics, is held entirely by Beliani. Without our prior written consent, it shall not be permitted to copy, download or otherwise use any part thereof for one’s own purpose. This shall not apply to our special links that are provided for downloading.

 

No warranty for completeness and accuracy

The data published on the website is provided by Beliani exclusively for personal use as well as for information purposes, it can be amended at any time without advance notice. Beliani assumes no warranty (neither explicitly nor tacitly) for the accuracy, completeness and topicality of the data published on the Beliani website, even if the required thoroughness was applied in collecting it from sources deemed to be trustworthy.

 

Liability limitations

Beliani excludes unconditionally any liability for loss or damage of any kind - be it for direct, indirect or consequential damage - that may arise from the use, respectively the access to the Beliani website or from links to third party websites. Beliani does not guarantee that the individual segments of its website function flawlessly. In addition, Beliani rejects any liability for unauthorised tampering with the Internet users’ computer system. Thereby,  Beliani points explicitly to the dangers of viruses and the possibilities of targeted hacking attacks. In order to fight viruses we recommend the use of the latest browser versions as well as the installation of anti-virus software which is constantly updated. Opening e-mails of unknown origin and unexpected attachments in an e-mail should be categorically avoided.

 

Using the Beliani website

The entire content (design, text, graphics....) of the Beliani website is protected by copyright. The individual elements of the website belong exclusively to the website operator, Beliani. Storing or printing individual pages and /or passages of the Beliani website is only permitted if the complete source reference is indicated. By saving or otherwise reproducing software or other data from the Beliani website, the respective terms and conditions of use count as being accepted. All rights of ownership remain with Beliani. Reproducing (entirely or partially), transmitting (electronically or otherwise), modifying, linking with or using the Beliani website, is only permitted with the explicit and written permission of Beliani.

  

Warranty

For all complaints, your invoice is your warranty document. Please keep it safe so it can be produced when required. The buyer must inspect the goods upon delivery. Any defects must be reported immediately in writing.  All new orders are covered for one year by a warranty against hidden defects. Under the warranty, the buyer is entitled to free repair if the manufacturer does not replace the piece of furniture in question.  Differences in colour, irregularities in wood texture and so-called hairline cracks are natural and shall be accepted by the buyer. Any damage resulting from wear and tear, ageing or improper handling shall be excluded from the warranty. The warranty shall expire if the goods have been processed or altered despite recognisable defects. The minor damages are defined as any damages not noticeable with a bare eye in natural lighting conditions from the distance of 3 meters standing diagonally to a damaged product. In case of the minor damages any claims against the seller are unfounded. The warranty shall expire if the goods have been processed or altered despite recognisable defects.

As a rule, the warranty period for our products is indicated in the purchase agreement, which you shall receive in advance or together with the delivery. In the absence of such indication, a warranty period of 12 months shall apply.

 

Linked websites

Certain links on the Beliani website direct to third party websites. These are completely outside the Beliani sphere of influence, therefore Beliani cannot accept any responsibility whatsoever for the accuracy, completeness and legitimacy of the content of such websites nor for possible offers and services contained therein.

 

Valid from 01.01.2015

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