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Home/Terms And Conditions

Terms and Conditions

1. IDENTIFICATION:

These general conditions of contract apply to all commercial transactions made in our virtual online store, www.banak.ie, used by "ASUNTOS GLOBALES DE COMERCIO, S.L.U.", legally constituted company in Spain (CIF (Tax ID): B98056328), with registered office at 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.

These general conditions only regulate the online sale of products sold under the BANAK® brand and solely through the website www.banak.ie, they do not apply to sales in physical stores under the regulation carried out in this document.

"ASUNTOS GLOBALES DE COMERCIO, S.L.U."" uses the trademark BANAK®, so we will hereafter refer to this merchant as "BANAK®".

"The Customer" is the party that purchases the goods from the BANAK® brand that are purchased solely through the online store www.banak.ie. Hereafter we will refer to the purchaser as "The Customer".

"BANAK®" may modify these General Conditions Of Sale as well as the Conditions of use, Privacy and Cookies. We recommend that "The Customer" reads them at the time they place the order, since the applicable General Conditions of Sale will be those found on www.banak.ie at the time at which the sale is made, the acceptance of them is always a preliminary and essential step before entering into the contract.

2. INFORMATION AND PRE-CONTRACTUAL STATEMENTS:

"The Customer", prior to contracting and during the purchase process, may access, file and print these general conditions of contract, in order to study them in detail.

Purchases can only be made by customers over the age of 18 with the legal capacity and capacity to act to enter into contracts of a financial nature and who have registered in advance. "The Customer" declares that he/she is over the age of 18 and has the legal capacity and capacity to act to enter into contracts of a financial nature.

Natural persons acting on behalf of Legal Entities through www.banak.ie guarantee "BANAK®" that they have sufficient representation to be able to act in the name of and on behalf of the legal entity and guarantee that, at the time of carrying out the transaction, they are not breaching any third party rights in that respect and that the data and information regarding the legal entity is correct.

"BANAK®" will not be liable for any damage, loss or harm to people and/or goods that have not been purchased in accordance with the contents of this document and with scrupulous respect for the law.

"The Customer", before the contract is concluded, undertakes to:

- Read these General conditions of sale before placing the order.

- Check the characteristics of all of the items included in their order, which are specified on the product data sheet for each item.

- Provide www.banak.ie with accurate information regarding the data requested on user registration forms or order forms and keep them updated at all times.

- Check the price of the products stated on the website and the offers that may apply. They may view and find out the final price including VAT or other applicable tax, as well as the price of the courier service.


"BANAK®" undertakes to keep the customer informed at all times, prior to confirmation of the order, regarding:

- The total prices of their orders, taxes included, with a breakdown of the shipping costs.

- The different payment methods available.

- The conditions, terms and procedures regarding the exercising of their rights as a consumer.

- The cost to return the items that the customer must bear in the event of withdrawal.

- The existence of the after-sales service and legal warranty in accordance with the goods purchased on our website.

3. ACTIVITY:

"BANAK®" sells and makes available to the public exclusive furniture and décor products belonging to the BANAK® brand.

Sale in the Canary Islands, Ceuta and Melilla is excluded.

4. CONTENT AND INFORMATION SUPPLIED ON THE WEBSITE:

4.1.- Offer of products:

The products offered are those that are available at the time of confirmation and payment of the order by "The Customer". "BANAK®" reserves the right to modify the commercial offer presented on the website www.banak.ie (modifications regarding products, prices, offers and other commercial and service conditions), at any time.

"BANAK®" makes every effort to describe and display all of the items it sells on its website as accurately as possible. However, subtle aesthetic, technical or colour differences may be identified between the product displayed on www.banak.ie and the real product, given the characteristics of the natural raw materials or artisan manufacturing processes and/or due to the calibration of profiles or screens used in the printing of catalogues, leaflets or the publication/display of the web page through various digital means. Bear in mind that a large number of the products sold under the name BANAK® have been manufactured by hand using natural raw materials, so the homogeneity of their manufacture cannot be guaranteed.

The products are photographed within a setting and alongside other items not included in the sale of the product being referred to.

The price of the furniture and accessories on this website for sale in Ireland includes all taxes. In order to find out the online sales conditions for www.banak.ie in other countries, you should select the country in which you wish to receive your purchase from the drop-down menu located on the website. Prices, dimensions and products, are kept updated and are therefore correct, except in the case of a typographical error or a change in VAT.

The sale through www.banak.ie is only available for delivery addresses in Spain, the peninsula and the Balearic Islands. The product prices displayed on the website www.banak.ie include Value Added Tax (VAT), which may apply.

VAT will apply to purchases that are going to be sent within the territory of any of the European Union member states in accordance with the law in force at any time.

We do not ship to Canary Islands, Ceuta and Melilla..

4.2.- Customised products:

Customised products are understood to be products that are made exclusively for the order once "The Customer" has placed that order. At www.banak.ie all products are specifically custom made for each customer according to the customer’s specifications in terms of finish, dimensions, colours or accessories. On the product data sheet, in the "Details and measures" section, it clearly states whether the product is customised. Products customised according to the specifications of "The Customer" cannot be subject to changes, refunds or returns for any reason.

4.3.- Upholstered furniture:

Upholstered furniture is furniture which is covered on any part of it using textile materials. Sofa seats and cushions contain a filling in order to achieve their cushioning. The softening of the seats is the result of a normal use of the product. Therefore, the loss of hardness of the seats cannot be interpreted as a manufacturing defect.

4.4 Content errors:

"BANAK®" makes every effort to ensure the information on our website is accurate and free from typographical errors. If this type of error occurs, always outside of the control of www.banak.ie, it would be corrected as soon as it is detected. If there is a typographical error in the price of a product and a customer has made a decision to purchase it based on that error, "BANAK®" will inform the customer of said error and "The Customer" may cancel the order at no cost to them.

www.banak.ie displays confirmation windows of the data provided that will eventually prohibit you from continuing with the purchase if the data entered is not in the correct format. In any case, before making the payment, the Customer may view the products selected and the order details on the website so they can modify the order details if necessary. If you detect an error once the payment process is complete, you should contact Customer Services on telephone number +34-607879799, or using the email address atencionalcliente@banak.com

5. PLACING AN ORDER

Once "The Customer" has been able to analyse and accept these conditions of sale, and has created an account by registering their details, they will be able to place an order. Orders placed using a means other than the contents of the www.banak.ie website, such as by telephone or email, will not be accepted unless "BANAK®" issues "The Customer" with an acceptance using the same means.

The order is firm and valid for "The Customer" from the moment in which they confirm it and for "BANAK®" from the moment in which the payment is validated and the processing of the order is confirmed.

"BANAK®" reserves the right to reject an order for any legitimate reason.

Once the order has been confirmed, "BANAK®" will send "The Customer" a confirmation email as soon as possible, stating the essential details of the order, such as the order number, products, place of delivery etc.

6. PRICE AND PAYMENT:

The price displayed on www.banak.ie refers to the price with VAT included for Ireland. For sales to be delivered to any other Member State, VAT will be applied in accordance with the legislation in force at any time.

Product prices are displayed in euros.

Unless stated otherwise, the prices of the products do not include shipping. The shipping costs will be displayed and added to the value of the order when the customer chooses, as applicable, the delivery method.

Payment of orders by "The Customer" will only be permitted using the payment methods displayed on www.banak.ie, "The Customer" may choose the one that suits them best from the options offered.

Orders will be paid in full at the time they are processed on the website. Once full payment of the order has been received, it will be validated and an email will be sent with a confirmation of it. All of the payment solutions are completely secure and guaranteed by banking and financial entities. The bank details of the purchaser will not be kept by "BANAK®" under any circumstances.

When paying by bank transfer or in instalments, the items from the order will not be reserved until payment is made and the order has been validated. For that reason, the delivery time or availability of the items included in the order may be affected.

7. AVAILABILITY OF ITEMS:

Availability of the products refers to the effective availability at the moment the customer places the order.

"BANAK®" will display updated information regarding availability and stock of the products on its website. Even so, it is possible that a product, whose availability has been confirmed by "BANAK®", has run out of stock while the order is being processed, so, in this case, "BANAK®" will inform "The Customer" of this situation via email and/or telephone, and will offer them the following alternatives:

- Delivery of the product within a time period which is longer than that initially stated when "The Customer" is in agreement with this solution, at no additional cost.

- The return of the price charged using the same payment method as the one used when paying for the order.

Even after the order confirmation email has been sent by "BANAK®", it is possible that there may be cases in which there is a partial or total unavailability of the goods.

8. DELIVERIES:

Orders placed through our website www.banak.ie will be delivered to the address specified by "The Customer" at the time of purchase, and will not be delivered to a "BANAK®" store under any circumstances. Si un pedido contiene artículos con plazos de envío diferentes, estos podrán ser enviados según se vayan preparando en nuestros almacenes. The delivery time of the items is stated on the product data sheet for each product.

"The Customer" will receive an email with the proof of purchase which details said delivery period.

www.banak.ie does not accept any liability when an order cannot be delivered as a result of the details provided not being correct or being incomplete. If the goods are returned to the warehouse as a result of the repeated absence of "The Customer" or for other reasons out of "BANAK®" control, "BANAK®" reserves the right to charge the transport costs of a new delivery or to cancel that order, adding the transport costs incurred. When "The Customer" requests a modification is made to the order regarding the change of delivery address and the dispatch process has already started, the extra costs caused by this change will be charged, after notifying "The Customer", who must accept these charges or indicate the cancellation of the order, bearing the costs incurred.

Given that it is "The Customer" who knows the characteristics of the place of delivery, they must inform "BANAK®" of the need to use pulleys, cranes, special transport, lifting platforms, more than one operative, or any other requirement in order to be able to deliver the order to the home of "The Customer". If it is not possible to deliver the goods as a result of the omission of information by "The Customer" at the time the order is placed or, at least, before it is dispatched, the additional transport costs arising from this fact will be payable by "The Customer". In all cases, all of the extras required as special circumstances (pulleys, cranes, operators, special transport, etc.) are not included in the price of the product or the delivery method and must be covered by "The Customer". For that purpose, once "BANAK®" has been notified of the special logistics requirements in the order observations, the company will inform "The Customer" of the cost so they can confirm it.

Storage of the goods: if "The Customer" is unable to receive the goods once they have been made available for delivery at the area logistics base, the customer may request that "BANAK®" keeps the goods stored at the warehouse belonging to "BANAK®" or its logistics partners for one month, but the cost of the additional deposit that may arise, and is estimated at an amount of 35 €/m3 per month, with a minimum of 60 € per month, will be borne by "The Customer". This period of time may not be extended unless "BANAK®" has given its express consent. The storage of goods is not available for orders that are shipped by the delivery method "Street delivery".

If "The Customer" does not receive the goods due to reasons not attributable to "BANAK®" within one month of the date they are made available for delivery at the area logistics base, without "The Customer" having requested that the goods remain at "BANAK®" premises or if delivery has not been possible due causes that are only attributable to "The Customer", "BANAK®" may terminate the contract, reimbursing "The Customer" for the amounts paid, but removing the costs and damage caused from that amount.

The different forms of delivery used by "BANAK®" are specified on the product data sheet for each item and in the eligible delivery methods for each order, which are as follows:

- Street delivery: With this service, the transport company will deliver to the door of your house, building or housing estate. The courier’s delivery period is between 3 and 5 days from the product’s dispatch from the warehouse. Before delivery, "The Customer" will receive an email stating that their order has been dispatched. The courier agency reserves the right to deliver your order to a Pick up point if there is no one home at the time of delivery. Delivery of a product to a Pick up point does not result in a return of the delivery costs.

Special transport: if a crane, lifting platform, assembler, pulley or any other equipment is required given the characteristics of the home at which the order is to be delivered, "The Customer" will state this on the order observations and "BANAK®" will inform "The Customer" of the cost of the service before dispatch.

Shipping price table

Purchase price up to
9,99€
49,99€
99,99€
149,99€
299,99€
599,99€
799,99€
999,99€
1.499,99€
> 1.499,99€
Street delivery
3,99€
14,99€
18,99€
24,99€
29,99€
44,99€
74,99€
89,99€
Free
Free

9. PRODUCT DAMAGED DURING TRANSPORTATION:

Where the product has been damaged during transportation, it is essential that the user consumer communicates this on the same day as the receipt of the products and makes a note of it on the courier's delivery note. "BANAK®" will bear the costs of delivery and return of the product. Before opening a product, the user should check the conformity and condition of the products, the integrity of the packaging and that the number of packages delivered correspond to the number stated on the courier delivery note, making an immediate claim in the event of any anomaly. If the user detects an anomaly before opening the product, "BANAK®" requests that they do not open the seal or the packaging.

If "The Customer" deems that the product does not comply with the contract, they should contact "BANAK®" immediately using the incidence form which is linked at the end of this document. If the item is not in conformity with the contract, in order to bring it into conformity, the consumer or user will have the right to choose between repair or replacement, unless one of these two options is impossible or that, in comparison with the other corrective measure, it involves disproportionate costs, taking all of the circumstances into account. In the event that repair or replacement is not possible, "The Customer" may request a price reduction proportional to the difference between the value the product would have had at the time of delivery had it been in conformity with the contract and the value of the product actually delivered at the time of delivery or supply.

10. WARRANTY:

Due to the intrinsic characteristics of natural raw materials, or artisanal manufacturing processes, present in a large number of "BANAK®" furniture items, these may present small colour or morphological differences which are inherent to their nature, and an essential characteristic, forming part of their added value.

The legal warranty for our furniture is 36 months against manufacturing defects. It includes shipping, the material and labour. However, notwithstanding the warranty period, "The Customer" must inform "BANAK®" of the non-conformity within a period of two (2) months from the time they became aware of the defect. This warranty excludes from its cover damages that may be caused by improper use of the furniture concerned, as well as materials subject to wear and tear from normal use, and equally incorrect handling or incorrect installation not carried out by the authorised installer will be excluded from cover, when applicable according to the type of delivery. In the event that an incident arises with an item of furniture, it would be checked at the customer’s home or taken for restoration at the factory, or (if applicable) it would be replaced by another identical item, provided that a defect is found which is covered by the warranty and the copy of the delivery note is attached to that item.

Upholstered furniture: Upholstered furniture comes with a 36 month warranty against manufacturing defects. In the event that an incident arises with an item of upholstered furniture, it would be repaired at the customer’s home or, if possible, the affected part would be removed and taken for restoration at the factory, or (if applicable) it would be replaced by another identical item, provided that a defect is found which is covered by the warranty and the copy of the delivery note is attached to that item. The product warranty does not apply to the following situations:

• Damage caused by inappropriate use. The sales warranties offered by "BANAK®" regarding their products are conditional upon domestic use. This warranty will not apply if there is evidence of a different type of use, a professional use linked to a business activity and in all cases where used in public institutions and administrations. The warranty of the products acquired for the development of a business or professional activity will be regulated in accordance with the provisions of the Commercial Code and the Civil Code.

• Defects or malfunction as a result of accidental damage.

• Compliance defects of a product purchased for a non-residential use.

• Damage to the fabric caused by the use of chemical products, detergents or unsuitable softeners.

• Damage caused by corrosive materials, such as acids or solvents, dyes, inks, paints or other fluids.

• Damage caused by maintenance work carried out by a third party not authorised by "BANAK®".

Note: The softening of the seats is the result of a normal use of the product. Therefore, the loss of hardness of the seats cannot be interpreted as a manufacturing defect.

In order to check that the warranty claim request is completed within the time period to which "The Customer" has a right, they must submit the purchase receipt for the furniture item whose warranty you are claiming together with the claim.

11. RIGHT OF WITHDRAWAL

In accordance with the provisions of the General Law for the Protection of Consumers and Users, "The Customer" has the right to withdraw within 14 days from the time the order is received, without stating the reason and without incurring costs other than those provided for in that law. To exercise the right of withdrawal, "The Customer" must complete and send the withdrawal form, the link for which is displayed at the end of this document, stating their decision to withdraw from the order. Requests for withdrawal that are not made using this form will not be taken into account. This communication must also be sent within the time period indicated in the above paragraph. The items subject to withdrawal must be returned in perfect condition, in their original packaging or other with superior characteristics and including all of it accessories, in order to guarantee the protection of the product and for it to be received at the warehouses belonging to "BANAK®" in the same condition it was sent in. If the product arrives with defects because of the inadequacy of the packaging chosen by "The Customer", it will be deducted from the amount to be reimbursed. The refund will be made within a period of 14 days from the receipt of the request for withdrawal and may be retained by "BANAK®" until it has received the goods or until "The Customer" has presented proof of return of those goods.

The cost of returns will be paid by "The Customer". The return will be made by the same method selected for delivery.

Return costs table

Purchase price up to
9,99€
49,99€
99,99€
149,99€
299,99€
599,99€
799,99€
999,99€
1.499,99€
> 1.499,99€
Street delivery
3,99€
14,99€
18,99€
24,99€
29,99€
44,99€
74,99€
89,99€
99,99€
109,99€

Return costs sofa table

Sofa seats
2 seats
3 seats
4 seats
5 seats or more
Return costs
149,00€
179,00€
209,00€
239,00€

The right of withdrawal is not applicable to the following products:

The right of withdrawal does not apply to products manufactured in accordance with the customer's specifications or customised products. Bear in mind that, on www.banak.ie, products are customised and are made expressly for "The Customer", all of the products made in line with the customer's specifications regarding finish, dimensions, colours or accessories, the customisation of which is not started until "The Customer" places the order and it is manufactured in accordance with those specifications. On the product data sheet, in the "Details and measures" section, it clearly states whether the product is customised.

Sealed products that are not suitable for return due to health or hygiene reasons and have been unsealed after delivery (mattresses, pillows, and carpets).

When "The Customer" requests the withdrawal of the order, the following cases are taken into account:

• If the order is not yet ready for dispatch, in which case the order will be refunded in full.

• If the order is ready for shipment or sent but has not yet been received by "The Customer", in which case, "The Customer" will have to wait to receive the order to return it and will proceed to refund the amount of the product together with the shipping costs, deducting the return costs to "The Customer".

• Where the order has been delivered to "The Customer", in which case, the product must be returned by "The Customer" and the refund of the product price will be refunded along with the shipping costs, the rest will be payable by "The Customer".

12. OBLIGATIONS OF THE CONSUMER:

"The Customer" undertakes at all times to provide "BANAK®" with accurate information regarding the data requested on user registration forms or order forms and to keep them updated at all times.

"The Customer" agrees to accept all of the provisions and conditions contained within these General Conditions of Contract, understanding that they reflect the best willingness to serve possible for the type of activity carried out by "BANAK®".

"The Customer" agrees to provide an address to which the order placed on www.banak.ie can be delivered within a normal delivery schedule of goods, between Monday and Friday, excluding public holidays. Furniture will not be delivered on public holidays or weekends. In the event that "The Customer" does not comply with this obligation, "BANAK®" will not accept any liability for the delay or the inability to deliver the order.

13. SECURITY AND CONFIDENTIALITY:

"BANAK®" guarantees the security and confidentiality of all of the communications with its customers.

All online payment transactions are carried out using a secure server, based on the SSL standard which protects data from third party attempts to violate it. The bank details from the purchase process when "The Customer" chooses external financing are not stored by "BANAK®" and are sent directly to the collaborating financial entities.

"BANAK®" guarantees the protection and confidentiality of the personal data that our customers provide to us, in accordance with the provisions of data protection legislation.

All of the data provided by our customers to "BANAK®" or its employees, will be handled responsibly and in order to manage the purchase and subsequent delivery of the product; in addition to managing the applicable warranties and, if applicable, enable the subsequent sending of promotional information.

In this sense, we inform you that your data will be communicated to third parties with whom Banak holds commercial relationships, including franchise companies and companies that make up the "BANAK®" group. You can read more detailed information regarding the use and destination of your data via our data protection policy. You can read more detailed information regarding the use and destination of your data via our data protection policy. Equally, you may ask to unsubscribe from communications or commercial offers via this email address protecciondatos@banak.com.

14. CONFLICT RESOLUTION:

In order to file a complaint or claim to "BANAK®", "The Customer" must contact the customer services department either by telephone on +34-960046534, or by sending an email to postventaweb@banak.com

In accordance with the EU online consumer dispute resolution and in accordance with Art. 14.1 of Regulation (EU) No 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that can be found at the following link: http://ec.europa.eu/consumers/odr/

15. APPLICABLE LEGISLATION:

The parties submit themselves, by their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts of the residence of "The Customer".

ATTACHED FORMS:

- Incidence and Withdrawal form