GENERAL TERMS AND CONDITIONS OF SALE
1.1. The sale of products executed remotely through this site; bysecondstudio.com (hereinafter referred to as the "Website") is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly BY IIND Studio (hereinafter referred to as "BY IIND Studio"). BY IIND Studio is a company incorporated under Swedish law, with registered office at Heurlins Pl.1, Gothenburg, Sweden.
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The language used to execute the sale contract through the Website hereof is English.
1.4. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.5. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and into force at the time of the relevant purchase.
BY IIND Studio reserves the right to amend and/or integrate the General Terms and Conditions of Sale hereof at any time.
Any amendments and/or integrations shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
2. Product availability
2.1. The Customer acknowledges that the products offered by BY IIND Studio on the Website (hereinafter referred to as the "Products") may be limited in number and he/she is therefore aware that BY IIND Studio shall need to check their availability at the time of the purchase.
2.2. Occasionally the availability of certain Products may incur inconveniences. In such circumstances, BY IIND Studio shall inform the Customer promptly In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the available products.
2.3. BY IIND Studio reserves the right to vary the articles sold on the Website at any time, without any notice.
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article's photographic images, unit price, colours and sizes (if applicable). For those Products expressly marked on the Website as "Made to order" will also show the relevant estimated lead time.
3.2. Although BY IIND Studio constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, BY IIND Studio shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.5. Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.6. After submitting the Order the Customer may no longer be able to modify the order
3.7. Each Order and the Customer’s data required for the purchase shall be stored by BY IIND Studio for the time period provided for and in compliance with the applicable laws currently into force.
No other use of the customer's data other than regarding the purchase will take place. We do not sell personal information or data belonging to the customer.
3.8. The Customer is aware that he/she is responsible for the accuracy of any data entered on the Website or otherwise used at the time of the purchase.
4. Execution of contract
4.1. Upon confirmation of the Order, the Order is submitted to BY IIND Studio for processing and cannot be further modified or cancelled.
The Order placed by the Customer shall be processed by BY IIND Studio only if the entire purchasing process has been duly completed.
After placing the Order, the Customer will receive without undue delay an e-mail acknowledging that BY IIND Studio has received the Order. However, this does not mean that the Order has been accepted. BY IIND Studio 's acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
4.2. The contract by and between BY IIND Studio and the Customer shall be deemed to have been executed as soon as the Customer receives one or more confirmation emails from BY IIND Studio.
4.3. BY IIND Studio reserves the right to not accept the Order placed by a Customer in the following events:
- the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
- the Customer has been involved in, or is suspected of, illegal or fraudulent activities;
- there is a dispute between BY IIND Studio and the Customer relating to a previous Order;
- the Customer breached the General Terms and Conditions of Sale on previous or current occasions.
In such events, BY IIND Studio shall inform the Customer by email, within 7 (seven) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by BY IIND Studio
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in EUR.
5.3. The total price displayed in the Shopping Bag includes shipping costs within select countries. In any event, BY IIND Studio shall seek the Customer’s express consent to charge any additional cost.
5.4. In any event, International deliveries are subject to taxes and tariffs which vary from country to country. These must be paid by the Customer prior to delivery.
5.5. Any order should be paid in full even if they are not yet ready to be shipped at that moment.
BY IIND Studio reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
5.6. BY IIND Studio only accepts credit cards and the other payment methods expressly indicated on the Website. Wire transfer payment is possible upon request.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
- the verification of the credit card data
- receipt from the company issuing the credit card used by the Customer of the debit authorisation
- BY IIND Studio's confirmation that the product is available and, in any event, after the Order is ready to be processed.
5.7. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from BY IIND Studio.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable and the Customer has decided not to fully cancel the order, he/she shall only be charged the price of the available Products and the possible related shipping costs.
5.10 BY IIND Studio is not responsible for any import taxes or duties imposed by the country of import on ordered and shipped items. All cross-border duties and taxes are the responsibility of the customer and these costs may vary depending on the country.
6.1. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer's signature shall be requested upon delivery of the Products. Upon delivery of every order, Clients are asked to inspect the box carefully BEFORE signing for the delivery.
If for any reason the packaging look tampered with, either sign for the package with reservations or refuse the package. In the event that the box or package has been signed for by an unknown party or there is evidence that the package has been tampered with, open a claim immediately with the courier and contact BY IIND Studio.
If you have opened a damaged package we do not accept any claims and we will not replace or repair the product.
When there is a reception desk or doorperson present at the address, the courier is authorized to deliver the package to the on-duty personnel.
If the package or the items are damaged or if an item shown in the delivery note is missing from inside, the packaging must be kept for further verification.
Any claim regarding damages, missing merchandise and/or delivery to the wrong address, must be received by BY IIND Studio within 2 days from the order’s delivery date on the carrier’s website, otherwise the claim will not be accepted.
If the package is not successfully delivered to the Client’s address due to a lack of cooperation from the Customer (wrong telephone number, wrong address, absent at address, non-compliance with import regulations), the package may risk being sent back to Sweden at the Client’s expense including any import fees that may be assessed upon re-entry to Sweden. These fees will be deducted from any eventual reimbursement.
6.2. BY IIND Studio do not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. All dates quoted for delivery are estimated delivery dates only and may be subject to change.
6.4. BY IIND Studio shall have the right to split the order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped.
6.5. Any floor samples / floor models purchased by the Customer must be inspected by the Customer at time of purchase. No responsibility can be accepted for damage or defects to floor models upon delivery other than those notified by the Customer to BY IIND Studio at the time of purchase or as indicated in the product information text on the website.
6.6. At the time of delivery, the Customer is required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of products by BY IIND Studio is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer. BY IIND Studio should be notified in writing of any damage, shortage, over-delivery, loss or other particulars. If no such notice is received within 2 days of delivery the goods shall be cleared to be supplied in accordance with the Contract and to have been accepted by the Customer.
Where the Customer gives notice to BY IIND Studio, he/she shall preserve the goods intact as delivered for a period of 14 days after receipt by BY IIND Studio of the notice during which BY IIND Studio, its agent or servants shall be at liberty to attend the Customer’s premises to investigate the complaint. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy.
6.7. If the Customer fails to comply with 6.6 he/she shall be deemed to have waived all or any claims, actions, rights or remedies he/she may have in respect of the non-conformity of the goods to the Contract.
6.8. If, upon inspection the Customer finds a shortage or over delivery in the amount of goods delivered, the Customer will not be entitled to reject the goods but BY IIND Studio will make further delivery or collection as shall result in the correct quantity having been delivered.
6.9. Damage, shortage, loss in transit or other non-conformity with the Contract, which is present only in a proportion of the Goods, shall entitle the Customer to remedies given by this clause only in respect of these goods.
6.10. Warranties for any deficiencies of the purchased goods are determined by legal
requirements. BY IIND Studio applies the Swedish Consumer Purchases Act. All products ordered via BY IIND Studio have a 1 year manufacturer’s warranty against faulty craftsmanship. Non-Transferability: These warranties are extended only to the original purchaser and are not transferable. Warranties are not applicable to items sold as second quality, irregular, used or mill end. These terms are construed in accordance with Swedish law and Swedish Law shall apply.
Consequential or Incidental Damages: WE EXCLUDE AND WILL NOT PAY CONSEQUENTIAL OR INCIDENTAL DAMAGES UNDER THIS WARRANTY. By this we mean any loss, expense, or damage other than to the item itself that may result from a defect. Including, without limitation, trip charges, delivery delays, extra handling and labor involved in bordering or sculpturing.
Clarification: We will not pay damages for any human accidents including death or personal injury that may be caused by the purchased products, for example; if someone stumbles upon a raised rug part, a submerged part or stumble on a designed hole or slip.
6.11 The Customer shall ensure that access to the delivery address is given on the date of delivery and that the products are capable of being installed on delivery. The Customer shall not be entitled to reject the products upon the basis that access and installation cannot be afforded upon delivery. At point of delivery if normal access through a doorway is not available and any other means of access are employed such as removing window frames, removing doors and banisters, hoisting in through windows as well as carrying up several flights of stairs, the Customer shall pay such additional charges as may be payable as a consequence prior to delivery.
6.12. BY IIND Studio's Customer Service shall provide the assistance required for any potential problem relating to the delivery.
7. RIGHT OF RETURN / CANCELLATION
7.1. BY IIND Studio makes every effort to accommodate product returns with a generous return policy. Refunds will be processed as soon as returned items have been checked and accepted by BY IIND Studio. The product you return must be in new, unused, condition with all the original packaging and product tags still attached. The product should only be returned to an address stated in an e-mail by BY IIND Studio. New and unused means that there are no marks on the item or signs of any wear. However if an item is customized or made to order BY IIND Studio cannot cancel the order after 24 hours of placement or accept a return. Other goods received may be returned (not worn) within 7 days. The 7-day period begins upon receipt of return request in written form (e.g. by letter, or email to firstname.lastname@example.org. Sending the goods or notice within this period is sufficient. BY IIND Studio does not cover any return shipping costs. Any cancellations is subject to a cancellation charge, the fee is determined by BY IIND Studio (see 7.2.) and is notified by e-mail to the CUSTOMER for approval, if the CUSTOMER does not approve the fee, BY IIND Studio cannot approve the return.
7.2. BY IIND Studio shall refund to the Customer either by wire transfer, credit card refund voucher such sums already paid less 20% - 50% of the total purchase order value being cancellation charges incurred by BY IIND Studio in respect of its expenses.
7.3. BY IIND Studio shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of cancellation.
7.4. BY IIND Studio reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased.
7.5. In the case that the return shipment requires pickup or the payment of any added fees, BY IIND Studio reserves the right to refuse returns sent with a different courier than specified in the confirmation email.
7.6. Pickups for all authorized returns with BY IIND Studio’s courier account numbers must originate from the same country of the original shipment.
7.7. Large or fragile items (as determined BY IIND Studio) we reserve the right to nominate a specialist handler for return transit and pass the cost of this service onto the Customer. This transportation charge will be charged each time the Customer accepts a returns collection date but then subsequently fails to meet it.
7.8. Any Security Tag must still be intact and attached to returned items.
8. Limitation of liability
8.1. Except in the event of wilful misconduct or gross negligence, BY IIND Studio shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on bysecondstudio.com (the website).
9. Force Majeure
9.1. In case of Force Majeure, BY IIND Studio's obligations are procrastinated. A Force Majeure is at the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters, flooding, pandemic or similar events. In case the prevented
obligation is or can be expected to be delayed by more than 24 months due to force majeur the other party has the right to
terminate the agreement or the part thereof which is affected by force majeure. In case of such termination no party shall be
entitled to damages.
10. Copyright & Trademark
10.1. BY IIND Studio is the owner of the website byseconstudio.com and its contents. This includes, but is not limited to, the documentation, text, images, characters, design, music, and other. The material included in the website byseconstudio.com is protected by copyright. Reproduction, modification, transmission, re-publication and/or re-distribution to third parties for commercial purposes are strictly prohibited without the express written consent from BY IIND Studio. BY IIND Studio does not allow the use of the website’s contents or the trademark for any other purpose than what is written above.
11. Product authenticity and intellectual property rights
11.1. BY IIND Studio warrants the authenticity and high quality of all the Products offered for sale on the Website.
12.1. The General Terms and Conditions of Sale hereof are governed by Swedish law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer. Any disputes will only be decided in a Swedish court.
Relevant body for dispute resolution in Sweden is:
Box 174, 101 23 Stockholm
13.1. Should any provision of BY IIND Studio's General Terms and Conditions of Sale be held invalid under any applicable law, regulation or final decision of a competent court, all other provisions herein shall remain in full force and effect.