Last updated 28/04/2021

Social Livi S.L (BYKLASE)

CIF: B87872263

Registered address: c/ Marcelo Usera 100 4A, 28026 Madrid, Spain

1- Agreement to Terms

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Byklase ("company", "we", "us", or "our"), concerning your access to and use of the Byklase website as well as any other social media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

We reserve the right to change these terms from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms were last updated on the aforementioned date. 

If you have any queries regarding the same, please contact info@byklase.com

2- Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found on our Site. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3- Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to shop at byklase.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Byklase retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Byklase or may in some cases be a third party. Where a contract is made with a third party, Byklase is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Products

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.

(c) Availability

All orders are subject to the products being available. If, at the time the order is issued, our warehouse detects that there are no stocks of any of the products included within it, Byklase will make every effort to locate the item. If this is not possible, the user will be notified immediately. In addition, the amount charged for the unsent item will be refunded to the customer, using the same payment method used to purchase the item.

(d) Right not to accept an order

Byklase may refuse to accept any order or cancel any confirmed order on the following grounds:

  • In the event of a technical and/or typing error in the prices or other details of products contained on the Site when the order was placed.
  • Due to a lack of availability, as described in section 5(b).
  • When the security systems indicate that the order may be fraudulent.
  • When there are reasons to indicate that the user is a minor.
  •  If Byklase was unable to deliver the order to the address provided.

Byklase will fully reimburse any sums that have been paid where any of the grounds listed above arises

(e) Price and payment 

Prices include VAT but exclude delivery costs, which will be added (at the cost shown) to the total amount due once you have selected your chosen different delivery method.

Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

In order to offer maximum security in the payment system, Byklase uses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity. 

Byklase reserves the right to check the personal details provided by customers and to take the appropriate steps (including the cancellation of the order) in order to ensure that goods are dispatched in accordance with the data that is stated on the order.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. 

From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

4- Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: commit or encourage a criminal offense; transmit or distribute any material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offense and Byklase will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

5- Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of Byklase or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Byklase and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

6- Disclaimer of Liability

Nothing in these terms shall limit or exclude our liability to you:

  • For death or personal injury caused by our negligence;
  • For fraudulent misrepresentation;
  • For breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
  • Under Part I of the Consumer Protection Act 1987; or
  • For any other liability that, by law, may not be limited or excluded.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

7- Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Byklase and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Byklase.

Indemnification

You agree to indemnify, defend and hold us harmless, including our directors, officers, employees, consultants, agents, and affiliates, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out your use of the Site, or your breach of the Terms of Use. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Byklase. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Byklase.