1. GENERAL INFORMATION
The sale of all products (the “Products”) as well as the provision of related services by the ByoCraft (the “Seller”) to the consumer (the "Buyer") shall be performed exclusively in accordance with the following Terms and Conditions (the "Ts & Cs") and the associated individual agreement (the “Order”). In the event of any discrepancies between these Ts & Cs and any written individual agreement between the Seller and the Buyer the provisions of the individual purchase agreement shall prevail.
2. ORDER ACCEPTANCE
The Order placed by the Buyer is a binding offer. Seller may accept the Order within one (01) week of its receipt, by sending an order confirmation to Buyer (via email or post) or by dispatching the ordered Products within this period. Seller reserve the right to supplement and modify technical changes for stability and fastening at any time.
3. DESIGNS
Seller reserve the right of ownership to all designs, drawings, model, etc. - also in electronic form, provided to the Buyer in connection with the placement of the Order. These documents may not be made accessible to third parties unless Seller explicitly gives the Buyer a written permission.
4. PRICES AND PAYMENT
4.1 Product prices include sales tax and packaging costs, excluding delivery and shipping costs generally and could be displayed separately, if necessary.
4.2 Payment of the purchases must be made through the payment gateways on the website or to the account specified in the Order confirmation.
4.3 The invoice has to be paid immediately, unless otherwise agreed upon. Interest on late payments will be calculated five percent (5 %) above the current base interest rate. We reserve the right to assert a higher damage caused by late payments. In the event that Seller asserts a higher damage caused by the delay, the Buyer has the opportunity to prove that the damage caused by the delay has not occurred at all or at least to a significantly lower amount.
4.4 Any increases in value added tax shall be borne by the Buyer, unless otherwise stated.
5. DELIVERY TIME
5.1 Seller’s delivery dates or delivery periods are non-binding statements, if no explicit binding delivery date has been agreed upon.
5.2 The beginning of the delivery date stated by Seller is depending on the timely and proper fulfillment of the Buyer´s obligations. We reserve the right to raise the defense of non-performance of the contract.
5.3 In case Seller is unable to meet the agreed delivery date, Seller will advise Buyer in writing the reason for delays and an anticipated delivery date. Buyer has the right to accept either accept the revised delivery date or cancel the Order and seek advance payment refunds. Buyer will not be entitled to any other claims, other than the amount paid in advance to Seller, in case of Order cancellations.
6. TITLE & RISK TRANSFER
6.1 Seller reserves the right of ownership of the delivered goods until the complete payment of all claims arising from the contract.
6.2 Title to, and risk of loss for, Products will pass from Seller to Buyer at the delivery point specified in the Order.
7. PRODUCT FAULTS & RECTIFICATION
7.1 As long as the information contained in brochures, advertisements and other offered documents of Seller has not been expressly designated as binding by Seller, the illustrations or drawings contained therein are only approximate. Seller reserve the right to make changes to the Products, if they appear expedient for technical reasons or in line with technical progress and are reasonable for the customer in consideration of our interests.
7.2 If the delivered Product does not have the quality agreed upon between the Buyer and Seller, or if it is not suitable for the use specified according to the Order for general use, or if it does not have the properties that the Buyer could expect according to Seller's public statements, Seller is obliged to provide further service (please refer Return Policy at https://www.byocraft.com/return-policy). This does not apply if Seller is entitled to refuse subsequent fulfilment due to legal regulations.
7.3 Attention: Bamboo, Cane, Wood, Jute, Areca leafs are natural products. Samples, prints and descriptions are for information purposes only. Natural deviations must be expected, large deviations can occur. Differences between individual components or same Products are no reason for complaint. Cracks or warping of wooden parts occurring after delivery, which are due to weathering, temperature and humidity fluctuations, do not constitute grounds for complaint and any liability for damages is excluded.
7.4 Seller reserve the right to tolerances of five percent (5 %) for all agreed dimensions. If static requirements make this necessary, Seller also reserve the right to make further changes to the dimensions. Warranty claims of the Buyer cannot be derived from this, unless the change would be unreasonable for the Buyer.
8. INDEMNITY
Buyer shall release, indemnify, defend and hold Seller (including without limitation its parents, subsidiaries, affiliates, partners, co-venturers, and the respective directors, officers, employees and agents of each) harmless from any and all claims, liabilities, costs and expenses (including without limitation, court costs, litigation expenses, and attorneys’ fees), and causes of action for injury, death (including without limitation, injury or death) or property damage, or patent, trademark, or copyright infringement, or misappropriation of trade secrets, that arise out of, are related to or are connected with any Products delivered and/or Services performed by Seller under this Order. IT IS THE INTENT OF THE PARTIES THAT THE INDEMNITY AND RELEASE PROVIDED FOR HEREIN SHALL BE BROADLY CONSTRUED AND SHALL APPLY REGARDLESS OF COMPANY’S STRICT LIABILITY, STATUTORY LIABILITY OR ACTUAL OR ALLEGED NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, COMPANY’S OWN NEGLIGENCE THAT IS A CONCURRING OR CONTRIBUTING CAUSE OF THE INJURY, DEATH OR DAMAGE. SUCH INDEMNITY AND RELEASE SHALL HAVE NO APPLICATION TO ANY CLAIM, LIABILITY OR CAUSE OF ACTION RESULTING FROM THE SOLE NEGLIGENCE OF COMPANY.
9. LIMITATION OF LIABILITY
In no event shall Seller be deemed liable to Buyer for incidental, indirect, consequential, or special damages resulting from or arising out of this Order, including without limitation, wrong usage, loss of profits, anticipated profits or business interruptions, howsoever they may be caused.
10. SURVIVAL
The terms and conditions of this Order regarding warranties, indemnities, limitations of liability and confidentiality, incurred upon or prior to termination are continuing obligations and shall survive the completion or termination of this Order
11. PRIVACY POLICY
This can also be viewed at https://www.byocraft.com/privacy-policy
12. TERMS OF USE
By visiting and using the website of Seller (https://www.byocraft.com), Buyer accepts the associated terms of use without limitation or reservation.
13. CHOICE OF LAW
This Order and the enforcement and/or interpretation thereof shall be governed exclusively by the Laws of England & Wales, except for any rule of law that would make the law of another jurisdiction apply.
14. MISCELLANEOUS
14.1 Seller does not offer any assembly services unless specially agreed upon in individual contracts.
14.2 The Buyer will observe the existing warnings about the dangers of improper use of the goods.
14.3 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.