BYSWANS

Terms & Conditions

Last modified: March 11, 2017

General

Terms and Conditions are subject to change at any time, without prior notice.
These Terms & Conditions apply to all transactions carried out via our website, e-mail or by telephone.
By placing an order, you confirm that you accept our terms and conditions.




Pricing

We reserve the right, without prior notice, to discontinue products or change specifications and prices on products.
Prices are in euros, exclude VAT and always refer to one unit.
Prices are Ex-Works Gondomar, Portugal. Shipping costs, handling charges or assembly service are not included. Packaging is always included in our price, however if the customer requires specific packaging, they will be charged accordingly.




Lead Time

Standard lead time is 6 to 8 weeks.
All quoted completion and delivery dates are estimates only. Delivery time not included.
For pieces with custom specifications or orders of large quantities we reserve the right to agree with the customer on a time of delivery.
COM or COL orders only start once the material arrives our office and is identified with proper documentation.




Accounts & Order Terms

All accounts will be opened as pro-forma. Pro-forma orders will require a 50% non-refundable deposit with the order and the balance prior to shipping from Portugal.
All pieces are the property of BYSWANS until payment in full is received. BYSWANS reserves the right to defer the dispatch date until the balance of the order is received.




Contract / Hospitality Orders

BYSWANS has the ability to customize existing products or new products to meet contract specifications.
These orders will require special pricing based on quantity and features. Please contact BYSWANS for contract quotes.




Payment Details

Check payment are not accepted.
Payment shall be made in EUR or USD currency, by wire tranfer or via credit card.
Payments via credit card have a processing fee of 3%.
Bank details for wire transfer will be provided with the pro-forma invoice.




Order Cancellation

Products are manufactured upon the receipt of the order and deposit. Cancellations will not be accepted after 5 working days from the order issue date.
A 40% restocking fee will be applied to any cancellations received after the order issue date.




Freight Policy & Damage Claims

Collect by the carrier of the customer’s own choice unless otherwise stated on the order. If transportation is arranged by BYSWANS, fees will be charged separately from the product(s) value, white glove service is not provided in the quotation.
Title passes to the purchaser at the time the goods are picked up by the carrier in Portugal. All products are carefully packed and inspected prior to shipment. The refusal of damaged merchandise in no way relieves the purchaser of responsibility for payment of goods. We are not responsible for loss or damage in transit. Should visible or concealed damage occur in transit, immediately notify the delivering carrier with initial notification of intent to file a claim.
Please note: Failure to report concealed damage within 5 days of receipt will result in the denial of your claim. Any damage should also be communicated to BySwans during the first 48 hours after receiving the order. Photographic evidence of the damages shall be sent via email to info@byswans.com




Return Authorization

No returns will be accepted without written consent from BYSWANS.
Unauthorized returns will be refused at the customer own expenses.
It is within our sole discretion as to whether to accept returns of merchandise. Returned items must be in their original condition and packaging, and you shall prepay and be liable for all charges in connection with the shipping of returned goods, including insurance.
The 50% non-refundable deposit will be kept on all returns of merchandise. Custom items are not returnable under any circumstances.




Force Majeure

All quoted completion and delivery dates are estimates only.
Manufacturer shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s reasonable control including, but not limited to:

  • (a) government action, war, riots, civil commotion, embargoes or martial laws;
  • (b) Manufacturer’s inability to obtain necessary materials from its usual sources of supply;
  • (c) shortage of labor, raw material, production or transportation facilities or other delays in transit;
  • (d) labor difficulty involving employees or others;
  • (e) fire, flood or other casualty;
  • (f) other contingencies of manufacture or shipment.

In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances.
Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.




Internet Policy

Dealer internet websites may neither advertise, nor in any way display the BYSWANS name, logo, product images or any other branded company symbols or information without prior written consent from the company.
Dealer websites may not display pricing lower than BYSWANS MSRP, promotional offers, discounts or value statements (e.g. lowest price in town).
Please contact BYSWANS for further company guidelines on internet usage.