This website is operated by BYMS. Throughout the site, the terms “we”, “us” and “our” refer to BYMS. BYMS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including these terms and conditions and additional policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents of age to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transfer across networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.
Section 4 - Modifications to Service and Pricing
The prices of our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
All prices shown include Portuguese VAT of 23%
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per family or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, see our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third Party Links
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Service Terms .
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) solicit others to perform or participate in any illegal acts; (c) violate any local, international, federal, provincial or state regulations, rules, laws or regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) collect or track personal information from third parties; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Disclaimer of Warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event will BYMS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any service or products purchased using the service, or for any other claim relating in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content , or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Compensation
You agree to indemnify, defend and hold harmless BYMS and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including fees legal fees, made by third parties due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due. up to and including the termination date; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Applicable Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Centro de Arbitragem de Conflicts de Consumo do Vale do Ave/Tribunal Arbitral (Portugal)
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact InformationSMS Marketing
By consenting to BYMS marketing communications during checkout and/or initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (about your order, including abandoned cart reminders), offers text marketing and transactional messages, including review requests, even if Customer's cell phone number is registered on any state or federal do-not-disturb list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from marketing messages and text notifications, you must respond with "UNSUBSCRIBE" to any mobile message sent by us or use the unsubscribe link we provide in any of our messages. Customer understands and agrees that alternative methods of cancellation, such as alternative words or requests, will not be considered a reasonable means of cancellation. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, the Customer can send the word "HELP" to the number from which they received the messages. You can also contact us at email@example.com for more information.
We have the right to modify any telephone number or short code we use to operate the Service at any time. You will be notified on such occasions. You agree that any messages sent to a telephone number or short code that we have changed, including any CANCELLATION or HELP requests, may not be received, and we will not be responsible for honoring requests made in such messages.
To the extent permitted by applicable law, Customer agrees that we will not be responsible for failures, delays or incorrect submissions of any information submitted through the Service, any errors in such
information and/or any action that the Customer may or may not take based on the information or the Service.
Section 22 - Dispute Resolution
The Customer may submit any contractual disputes to legally constituted arbitration and mediation mechanisms and submit a complaint to BYMS for acts and omissions that violate the legal provisions applicable to the purchase of goods.
Applies to contracts concluded in Portugal:
CNIACC - National Center for Information and Arbitration of Consumer Conflicts Address: Faculty of Law of Universidade Nova de Lisboa, Campolide Campus, 1099-032 Lisbon Telephone: 213 847 484 E-mail: firstname.lastname@example.org Website: http:/ /www.arbitragemdeconsumo.org
CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Center Address: Edifício Ninho de Empresas, Estrada da Penha, 8005-131 Faro Telephone: 289 823 135 E-mail: email@example.com Website: http: //www.consumidoronline.pt/
Consumer Conflict Arbitration Center of the District of Coimbra Address: Av. Fernão Magalhães, n.º 240, 1º - 3000-172 COIMBRA Telephone: 239 821 690/289 E-mail: firstname.lastname@example.org Website: http:/ /www.centrodearbitragemdecoimbra.com
Lisbon Consumer Conflict Arbitration Center Address: Rua dos Douradores, 116, 2º - 1100-207 LISBOA Telephone: 218 807 000 / 218807030 E-mail: email@example.com Website: www.centroarbitragemlisboa.pt
Vale do Ave Consumer Conflict Arbitration Center/Arbitration Court Address: Rua Capitão Alfredo Guimarães, n.º 1, 4800-019, Guimarães. Telephone: 253 422 410 Email: firstname.lastname@example.org Website: www.triave.pt
Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) of Braga Address: Rua D. Afonso Henriques, n.º 1 (Edifício Junta de Freguesia da Sé), 4700-030, Braga. Telephone: 253 617 604 E-mail: email@example.com Website: www.ciab.pt
Viana do Castelo Consumer Conflict Arbitration Center Address: Av. Rocha Paris, n.º 103 (Edifício Vila Rosa), 4900-394, Viana do Castelo. Telephone: 258 809 335 E-mail: firstname.lastname@example.org Website: www.ciab.pt
Consumer Conflict Arbitration Center of the Autonomous Region of Madeira Address: Rua Direita, 27 - 1º Andar, 9050-405 Funchal Telephone: 291 750 330 E-mail: email@example.com
The European Online Dispute Resolution Platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools. Link to the platform: https://ec.europa.eu/consumers/odr
Applicable Law The parties agree that their relations will be governed exclusively by these Terms and Conditions and the information available on the website. In case of omission of any condition, it will be considered governed by the customs and practices in force in distance selling practices, in accordance with the provisions of the Code of Ethics and Fair Practices of AMD - Associação Portuguesa de Marketing Direto and other legislation in force.
All products sold in the BYMS Online Store comply with Portuguese law.
Section 22 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org