TERMS OF SALE & RETURN POLICY

Please read the following sale terms (the “Terms” or the “Sale Terms”) carefully before purchasing any products or services on https://bemakai.com/ (this “Website” or “Site”). In order to purchase any products or services using this Website, your acceptance of these Sale Terms is requested. Please save a copy of these Sale Terms for your records.

These Sale Terms set out the terms and conditions that will apply when you purchase products from Bemakai Sp. z o.o., whose registered address is at Perlicza 1b, 02-893 Warsaw, Poland (“Bemakai”, “us” or “we”) through our Site. Our registered VAT number is PL9512511671.

From time to time, we may change our Sale Terms. However, the Sale Terms that existed when you made your purchase will apply. We recommend checking the Sale Terms whenever a new order is placed.

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Order & Acceptance

1. Each order you submit is a non-binding offer from you to purchase products in exchange for payment.
2. Orders are subject to our acceptance, and we may, at our discretion, refuse to accept your order in certain circumstances, including, but not necessarily limited to, when:

There is a mistake in the information you provided to us (e.g., you provided an incorrect shipping address).
There is a mistake on our Site relating to the products that you have ordered.
The products that you have ordered is no longer available.
There are limitations in shipping to your region requiring additional information to complete a delivery.

1. 1. We specifically reserve the right to refuse to accept your order if we suspect that you intend to resell our products.
  2. We will only be deemed to have accepted your order (or any part thereof) when we provide you with a shipping confirmation email. Please note, your initial order confirmation email is not acceptance of your order, only acknowledgement that we have received it.
  3. We take reasonable steps to ensure that the prices and other information about products on our Site are accurate. Despite these efforts, it is possible that errors, including incorrect pricing, may display on our Site. However, if we have accepted your order and you have received a shipment confirmation email, you will not be asked to pay more than the price indicated when you placed your order.
  4. You declare that you are over the age of 18 and has full legal capacity to commit to these Terms.

pre-order

1. 1. The Terms in this section apply to any purchase of Pre-Order Products (as defined below).
  2. From time to time we may invite you to pre-order selected products before they are available to purchase (“Pre-Order Products”). In the event that we do so please note that the delivery options offered and set out in the Sale Terms shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped as soon as they are available and the estimated date that the Pre-Order Product will be dispatched to you will be displayed when clicking on the pre-order button before adding the product to your cart
  3. You agree that if you order a Pre-Order Product, you will be charged shortly after you place your order and before your item is shipped. Notwithstanding the foregoing, your credit/debit card account or payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken.
  4. Please note that if you order a Pre-Order Product, the product you receive may vary (including fit, appearance, sizing and composition) from the item displayed on the Website. This does not affect your right to cancel or return Pre-Order Products.

Product Availability

1. 1. The inclusion of any products on our Site does not imply, warrant or guarantee that the products will be available if you wish to place an order to purchase it.

Payment

1. You may pay for your order using any of the following forms of payment a credit, debit or prepaid card from Visa, MasterCard, PayPal or another form of payment acceptable by Bemakai from time to time.
2. The applicable VAT rate will be the one legally in force at any given time depending on the specific product in question.

Changing or Cancelling Your Order

1. 1. You can make changes to or cancel your order, including products on backorder, at any time before we have packed your order for shipment. To do so, please send us an email to hello@bemakai.com.
  2. If we have already packed your order for shipment, you can request a refund or exchange, as described in the “Returns and Exchanges” section below.

Shipping / Delivery

1. 1. International shipping is available when ordering products from our Site.
  2. Shipping and handling charges vary depending on your address, shipping speed, and the value of your order.
  3. Products that we deliver to you becomes your property at the time that you receive it.
  4. We will ship the order usually within 24 hours from the date we receive it. When the warehouse is closed the orders are fullfiled first day after re-opening.
  5. We will deliver all in-stock products as soon as reasonably possible and within the estimated time of 30 business days from the date on which we accept your order. The deadlines are tentative, although Bemakai tries to meet them.

Returns & Exchanges

1. Please note, this section pertains only to standard returns and exchanges for online orders. Please see below for more information regarding your Right to Cancel and Faulty Products.
2. If you are not satisfied with your purchase, return it to us for an exchange or refund, subject to the following terms:

You have the right to return or exchange the products within 10 days from the date that you (or a third-party other than the carrier) physically receive the products.
We will refund or exchange any products that are returned in resalable condition with a copy of your original invoice.
Refunds for returned orders will be issued to the original form of payment. For exchanged orders, any price difference from the original order will either be credited to or debited from the original payment method used to place the order.
To initiate your return or exchange online, write us an email on hello@bemakai.com. Your refund or exchange will be processed as soon as we have confirmed we have received your return. A flat rate of EUR 15 will be deducted from your refund per item to cover return shipping, handling, and restocking. All returns must be unused and in original condition. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.
To return or exchange your products without initiating the return or exchange online, please send the products via post to the following address (note: if you use your own return carrier you are responsible for the return shipping costs): Bemakai, Perlicza 1b, 02-893 Warsaw, Poland.

1. 1. We are not responsible for the courier company that the customer chooses to use for the return of the order. In this sense, we recommend that the customer requires the courier company to provide proof of delivery once the courier has delivered the product in Bemakai offices, so that the customer is made aware that the product has been delivered successfully to us. The costs of returning the order (e.g. shipping costs via courier companies) will be paid for directly by the customer.
  2. In the case of promotions applicable to the purchase of independent products that include an additional product, including, but not limited to 2x1 promotions or any other promotion that involves the delivery of an extra product free of charge or at a reduced price, if the customer decides to apply their right to a refund on their purchase, this right will have effects on the set of products provided as part of the promotion.

Right to Cancel

1. You have the right to cancel without providing reason within 14 days from the date that you (or a third-party other than the carrier) physically receive the products. You are required to return in its original packaging.
2. To exercise this right, you will need to inform us either by (a) submitting the completed Right to Cancel form found in this https://bit.ly/3cWKBdu; or (b) notifying us that you are exercising your right to cancel in a clear statement. The form/statement can be submitted via:

Post: at Bemakai, Perlicza 1b, 02-893 Warsaw, Poland.
Email: at hello@bemakai.com.

1. 1. Please note, you will need to provide your order number or other information associated with your order so we can locate the purchase in our system.
  2. After you provide notice of withdrawal, we will issue a refund for all returned products when either (a) we receive the products; or (b) you provide proof that you have shipped the products back to us. We will not refund shipping and handling delivery costs.
  3. If you have used the items other than what is necessary to establish the nature, characteristics and functioning of the items, you are liable for their diminished value.
  4. Unless you have expressly agreed otherwise, we will make the refund to the same payment type you used for the initial order. You will not incur any fees as a result of such refund.

Faulty or non-conforming Products

1. 1. As a consumer, the customer of our Site has, apart from the rights described here, all legal rights under Polish and European legislation concerning the products. We inform you that these legal rights can never be affected by these Terms.
  2. We are under a legal duty to supply products that is in conformity with these Terms. If you wish to return or exchange products which is faulty or non-conforming, you can email us at hello@bemakai.com or go to the Exchanges/Returns section at our Site.
  3. If you choose to return your faulty or non-conforming products, we will first need to confirm that it is faulty, damaged, or does not correspond to the description on our Website. Once confirmed, we will refund the cost of the products and the original shipping and handling charges paid by you. If we determine the products is not faulty, you will not be entitled to a refund and we will return the products to you at your cost. Please see the “Returns and Exchanges” Section above for more information regarding on how you can complete your return.
  4. We will usually credit the refund back to the form of payment that you used to pay for the products within approximately 14 days from the date that we receive the products. Please note, it may take longer for the refund to appear on your payment card statement.
  5. If you choose to exchange your faulty or non-conforming products, please see the “Returns and Exchanges” section above for more information regarding on how to exchange your item. Once we receive the returned products, we will process your exchange. We will waive any applicable shipping and handling charges for replacement products. If there is any difference between the price of the products that you have returned and the price of the replacement products that you have requested, we will either credit or process payment from the payment card used to make your original purchase.

Our Liability to You

1. Nothing in these Sale Terms will exclude or limit our liability to you for fraud, death or personal injury or any other liability which the applicable law states may not be excluded or limited.
2. Under no circumstances can we be held responsible for:

Defects resulting from inappropriate, incorrect use or the misuse of the product by the Customer.
Normal wear and tear and aging of the products.
A lack of maintenance or care.
Negligence or accidents.
Alteration of the product by the Customer or a third party.
Non-compliance with the instructions contained in the user guide to ensure that this is the case.
Any manipulation of the products by an unauthorized person (for example for the replacement of the lenses, hinges or other repairs).

1. 1. We are not liable for business losses. Our products are for private use, as such, we have no liability if you use the products for commercial or business purposes. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Events Outside Our Control

1. 1. An event outside our control means any event or cause beyond Bemakai reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished products, power outages, telecommunication outages, or any other intervening system, software, or service not operated by Bemakai (collectively “Force Majeure Event”).
  2. If a Force Majeure Event occurs, we will not be liable to you or any third party for any loss, damage, delay, liability, expense, or cost related to or caused by such Force Majeure Event.

Privacy

1. 1. When you place an order through our Site, you will be providing us with your personal information. We will use your personal information to process your order and deliver the products ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Policy.

Partial invalidity

1. Any finding by a court or administrative body that one or more clauses of these Terms are unlawful, null and void, invalid or unenforceable in whole or in part shall not render unlawful, null and void, invalid or unenforceable the other clauses or the remaining parts thereof, which shall remain fully valid wherever applicable, all of the foregoing provided that the clauses or part thereof found to be unlawful, null and void, invalid or unenforceable are not essential.
2. The clauses or parts thereof found to be unlawful, null and void, invalid or unenforceable shall be deemed to have been removed from these Terms or not applicable in that circumstance, as the case may be, and the Parties shall negotiate in good faith their replacement and the measures that best fit the intended purpose of such clauses and parts thereof.

governing law and jurisdiction

1. 1. The contract between you and us is governed by the laws of Poland, and you, and we, hereby expressly submit the resolution of any disputes or claims to the jurisdiction of the courts and tribunals of the city of Warsaw (Poland). This does not affect your legal rights as a consumer in the country/region in which you are located.

1. If you have any questions about these Sale Terms, please contact us by email at hello@bemakai.com