Terms of service
Table of contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercising the right of withdrawal and costs
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Conformity and warranty
Article 13 – Delivery and execution
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Liability
Article 17 – Disputes and applicable law
Article 1 – Definitions
In these terms and conditions the following definitions apply:
- Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
- Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity.
- Day: calendar day.
- Durable data carrier: any tool, including email, that enables the consumer or entrepreneur to store information for future reference and unchanged reproduction.
- Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Entrepreneur: Beniya.
- Distance contract: a contract concluded between the entrepreneur and the consumer through an online sales channel, such as the webshop.
Article 2 – Identity of the entrepreneur
Company name: Beniya
Address
Bijsterveldenlaan 95
5045 ZW Tilburg
The Netherlands
Chamber of Commerce number: 93986432
VAT number: NL005058748B37
Email: info@beniya.nl
Article 3 – Applicability
- These terms and conditions apply to every offer from Beniya and to every distance contract concluded between Beniya and the consumer.
- By placing an order, the consumer declares to agree with these terms and conditions.
- The text of these terms and conditions is made available through the webshop so that the consumer can store or print them.
Article 4 – The offer
- Beniya makes every effort to describe and present products as accurately as possible.
- Images provide a realistic representation of the products, but colours may vary due to screen settings.
- Beniya works with natural materials such as rattan. Small variations in colour, weaving structure, shape and minor imperfections are characteristic of the material and do not constitute a product defect.
- Obvious errors or mistakes in the offer do not bind Beniya.
Article 5 – The agreement
- The agreement is concluded at the moment the consumer places the order and the payment has been completed.
- After placing the order, the consumer will receive a confirmation by email.
- Beniya reserves the right to refuse or cancel an order in the event of suspected fraud, misuse or incorrect information.
Article 6 – Right of withdrawal
- The consumer may dissolve the agreement regarding the purchase of a product within 14 days after receipt, without giving any reason.
- After notifying the withdrawal, the consumer has another 14 days to return the product.
- The consumer can exercise the right of withdrawal by contacting info@beniya.nl.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer handles the product and packaging with care.
- The product may only be unpacked or used to assess its nature, characteristics and functioning, as would be possible in a physical store.
- If the product has been used more than necessary for this assessment, depreciation may be charged.
Article 8 – Exercising the right of withdrawal and costs
- The consumer reports the return via info@beniya.nl.
- Beniya will then provide a return form or return instructions.
- Returns should preferably be sent in the original packaging.
- The costs for return shipping are for the account of the consumer, unless stated or agreed otherwise.
- Beniya advises shipping with track and trace. The risk of transport during return shipment lies with the consumer until the product has been received by Beniya.
Article 9 – Obligations of the entrepreneur in case of withdrawal
- Beniya reimburses all payments from the consumer within 14 days after notification of withdrawal.
- Beniya may wait with reimbursement until the product has been received or until proof of return shipment has been provided.
- Reimbursement will be made using the same payment method that was used for the payment, unless agreed otherwise.
Article 10 – Exclusion of the right of withdrawal
The right of withdrawal can be excluded for products that:
- are manufactured according to the consumer’s specifications
- are personalized
- cannot be returned for hygienic reasons when the seal has been broken
If this applies, it will be clearly stated on the product page.
Article 11 – The price
- All prices on the webshop are in euros and include VAT, unless stated otherwise.
- The price applicable at the moment of ordering is the price that will be charged.
- Price changes and promotions may be implemented without prior notice.
Article 12 – Conformity and warranty
- Beniya guarantees that products comply with the agreement and the reasonable expectations of the consumer.
- Rattan products may contain natural variations and small imperfections. This is a characteristic of the material and does not constitute a defect.
- The statutory warranty of the consumer always remains applicable.
Article 13 – Delivery and execution
- Beniya usually ships orders within 1–3 working days.
- Delivery takes place via PostNL or a comparable carrier.
- Shipping within the Netherlands is free unless stated otherwise.
- Beniya ships worldwide. Any import duties, VAT or customs costs for international shipments may be charged to the recipient.
- Delivery times are indicative.
- For pre-orders, the expected delivery week is an indication. Products are handmade in Indonesia and transported by sea freight, which means delivery times may vary.
- Beniya is not responsible for delays caused by carriers, customs procedures or other circumstances beyond the influence of Beniya.
- If delivery cannot take place within 30 days, the consumer has the right to dissolve the agreement and will receive a refund.
- The risk of damage or loss lies with Beniya until the moment of delivery.
Article 14 – Payment
Payment can be made via:
- iDEAL
- Klarna
- Bancontact
- Visa
- PayPal
The order will be processed once payment has been received or authorized.
Article 15 – Complaints procedure
- Complaints can be submitted via info@beniya.nl.
- Beniya strives to respond to complaints substantively within 14 days.
- The consumer must give Beniya the opportunity to resolve the complaint in mutual consultation.
Article 16 – Liability
- Beniya is only liable for damage to the extent permitted by law.
- Beniya is not liable for damage caused by incorrect use of the product.
- Beniya is not liable for indirect damage such as consequential damage or loss of profit, unless there is intent or gross negligence.
- The liability of Beniya is limited to the amount of the order to which the liability relates.
Article 17 – Disputes and applicable law
- Dutch law applies to all agreements between Beniya and the consumer.
- Disputes will be submitted to the competent court in the Netherlands, unless the law determines otherwise.