Terms and Conditions

Pricing

All prices are in euros, exclusive of VAT, and refer to single units. Prices are Ex-Works from Gondomar, Portugal. Shipping costs, handling charges, and assembly services are not included unless specified. Packaging is included, but if specific packaging is requested, additional charges will apply. We reserve the right to discontinue products or adjust specifications and prices without prior notice.

Lead Time

Standard lead time is 6 to 8 weeks, excluding delivery. Completion and delivery dates are estimates. Custom specifications or large orders may affect delivery time, which will be agreed upon with the customer. Orders requiring Customer's Own Material (COM) or Leather (COL) begin once materials are received with proper documentation.

Accounts & Order Terms

Accounts will be opened as pro-forma. Pro-forma orders require a 50% non-refundable deposit at the time of order, with the balance due before shipping from Portugal. All products remain the property of BYSWANS until payment is received in full. BYSWANS reserves the right to defer dispatch until the order balance is settled.

Contract & Hospitality Orders

BYSWANS can customize products to meet specific contract requirements, subject to special pricing based on quantity and features. Please contact BYSWANS for custom contract quotes.

Payment Terms

• Standard Payment Method: 50% before production + 50% before shipping. Full payment is also accepted upfront.
• Bank Transfers: Orders via email or online with a bank transfer payment option can be paid in installments, such as 50+50 or other arrangements agreed directly with the client.
• Credit Cards: Online credit card payments are processed in full upon order placement. For certain cards, including corporate cards, non-EU cards, or American Express, a processing fee of 3% may apply and will be communicated during the payment process.
• Installment Payments: Services such as Klarna, offering installment payments, may be available depending on the client’s country. Availability will be confirmed upon order.

Order Cancellation Policy

All products are made-to-order and are produced exclusively after receipt of your order and 50% deposit, in accordance with your selected standard configurations or your individual specifications (dimensions, finishes, materials, etc.). No stock is held.

Cancellation within 5 calendar days You may cancel free of charge within 5 calendar days from the date of payment of the 50% deposit. The full deposit amount will be refunded, less any bank transfer fees incurred.

After 5 calendar days The 50% deposit is non-refundable. Production commences thereafter and costs are incurred for your custom order.

Exclusion of right of withdrawal These products are made to the consumer's specifications. Accordingly, the right of withdrawal does not apply (Article 16(c) of Directive 2011/83/EU on consumer rights).

Warranty Terms

BYSWANS complies with EU law concerning warranties on made-to-order furniture. Our warranty ensures that products are free from defects in materials and workmanship.

• Production Defects: If a defect arises due to production issues, BYSWANS will work with the client to evaluate and arrange for repairs.
• Transport Costs: The client is responsible for transportation costs related to repairs. If repairs are required due to user damage or third-party mishandling, they can be arranged at the client’s expense.
• Evaluation Requirement: Every issue will be assessed to determine whether it is due to a production defect or user-related damage.

Freight & Damage Policy

Freight Arrangements: Transport services are available upon request and quoted per order. BYSWANS partners with several transport providers, including white-glove services, which can be arranged if requested.

Damage Claims: Products are carefully packed and inspected prior to shipment. If the client arranges transportation, BYSWANS is not responsible for transit damage. Title transfers to the client upon carrier pickup from Portugal.

• Visible Damage: Any visible damage must be reported to the carrier and to BYSWANS within 48 hours of receiving the order, with photographic evidence sent to info@byswans.com.
• Concealed Damage: Concealed damage claims must be filed within 5 days of receipt; otherwise, claims may be denied.

Return Authorization

No returns are accepted for made-to-order products due to their custom nature, in accordance with EU regulations. Unauthorized returns will be refused at the customer’s expense. The 50% deposit is non-refundable. Custom items cannot be returned under any circumstances.

Force Majeure

Quoted completion and delivery dates are estimates only. BYSWANS is not liable for delays or non-performance due to events beyond its control, including government actions, war, natural disasters, and other unforeseeable events.

Intellectual Property

BYSWANS's brand name, logos, product images, and other intellectual property are protected by EU law. Sharing product images on social media is permitted under applicable EU laws, but any commercial use requires BYSWANS's explicit permission. Dealer websites must not display BYSWANS pricing below MSRP, promotional offers, or value statements without prior written consent.

Language, Translations & Accuracy

The authoritative and legally binding version of these Terms and Conditions is the English version.

Any translations into other languages are provided solely for the convenience of our customers and, unless expressly stated otherwise, are machine-translated.

BYSWANS does not guarantee the accuracy, completeness or correctness of any translation. In case of any discrepancy, inconsistency or ambiguity between the English version and any translation, the English version shall prevail.

We make reasonable efforts to ensure the accuracy of the English version. However, errors may occur. BYSWANS reserves the right to correct any errors, typos or omissions and to update these Terms at any time.

If you are uncertain about the meaning of any provision, please contact us at info@byswans.com for clarification before relying on it.

To the extent permitted under applicable mandatory consumer protection law (including Directive 93/13/EEC on unfair terms in consumer contracts), BYSWANS, its affiliates and licensors shall not be liable for any losses arising from reliance on translations or translation inaccuracies.

Where permitted by law, our total liability for direct damages arising from any inaccuracy in the content (in any language) is limited to the amount you actually paid for the relevant order. We exclude liability for indirect, incidental, consequential or special damages to the extent permitted by mandatory law.

You shall indemnify and hold BYSWANS harmless from any claims, losses or liabilities arising from your reliance on a translated version, except where such claims result from our wilful misconduct or gross negligence.

Internet Policy

Dealer websites may display BYSWANS's brand images and information with prior written consent only. Websites must adhere to the intellectual property conditions outlined above.

Ownership, Billing and Operations