Terms & Conditions

Last updated: 01.06.2021

Please read these terms and conditions carefully before using our Website.

Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Account means a unique account created for you to access our Website or parts of our Website.

Country refers to Spain

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BYO Swimwear, Carrer Xifré 53 / 08026 Barcelona / Spain.

Device means any device that can access the Website such as a computer, a cell phone or a digital tablet.

Goods refer to the items offered for sale on the Website.

Orders mean a request by you to purchase goods from us.

Promotions refer to promotions offered through the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Website.

Third-party Social Media Website means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

Website refers to BYO Swimwear, accessible from www.byoswimwear.com

You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

 

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then you may not access the Website.

Your access to and use of the Website is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Website.

Orders

By placing an order for goods through the Website, you warrant that you are legally capable of entering into binding contracts.

Your Information

If you wish to place an order for goods available on the Website, you will be asked to supply certain information relevant to your order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order as well as transportation companies for purposes of delivering your order to the indicated destination.

Order Cancellation

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:

  • Goods availability

  • Errors in the description or prices for goods

  • Errors in your order
     

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any goods you purchase can only be returned in accordance with these Terms and Conditions and our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel your order.

Your right to cancel an order only applies to goods that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them or which are worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased goods while they are in your possession.

We will reimburse you no later than 14 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.

 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of goods on the Website. The goods available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our goods on the Website and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Price Policy

The Company reserves the right to revise its prices at any time prior to accepting an order.

The prices quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your order.

Payments

All goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

 

Promotions

Any promotions made available through the Website may be governed by rules that are separate from these Terms.

If you participate in any promotions, please review the applicable rules as well as our Privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under Your password, whether your password is with our Website or a Third-Party Social Media Website.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Website and its original content (excluding content provided by you or other users), features and functionality are and will remain the exclusive property of the company.

The Website is protected by copyright, trademark, and other laws of Spain.

Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.

Links to other Websites

Our Website may contain links to third-party web sites or Websites that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party Websites that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Website will cease immediately. If you wish to terminate your account, you may simply discontinue using the Website.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.

Governing Law

The Spanish law shall govern these Terms and your use of the Website.

Dispute Resolution

If you have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to these Terms & Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email: hola@byoswimwear.com.

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