TERMS OF SERVICE
The following terms and conditions (the “Agreement”) govern all use of the byyesterday.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by BYKD AB, a company incorporated under the laws of Sweden, (“BY YESTERDAY”) BY YESTERDAY prints customized historical Posters (“Products”) directly to customers (“Customers”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by: BY YESTERDAY. If you do not agree to this Agreement, do not use the Site.
1.1 The Customer guarantees to BY YESTERDAY that if Customer is an individual (i.e., not a corporation) the Customer is at least 18 years old. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2. Responsibility of site customers and visitors
2.1 BY YESTERDAY reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Personal data
3.1 Violation of any articles of this Agreement or other rules will prohibit Users to use of the Site.
3.2 Without limiting other remedies, we may limit, suspend or terminate our Service, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
4. Payments and fees
4.1 When you order a Product you will be charged then current fees, which we may change from time to time (such when we have sales or offer you discount of base product price). We may choose to temporarily change the fees for our Products.
4.2 By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
4.3 We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
4.4 The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Products. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered.
4.5 Payment of the total price plus delivery must be made in full before dispatch of your Products.
5. Sales tax & Custom
5.1 If the Customer is located outside of the territory of the European Union the Customer is responsible for paying sales tax (as applicable within each jurisdiction). BY YESTERDAY will not be held responsible for any such sale tax. If the customer is located within the European Union sales tax is included within that price of the Product.
5.2 Customers outside of the European Union may be subjected to pay custom duties (as applicable within each jurisdiction). BY YESTERDAY will not be held responsible for any such duties.
6. Shipping, returns and right of withdrawal
6.1 From the moment your order is placed, it is not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis.
6.2 BY YESTERDAY will review replacement of Products or refund requests within 14 days of placed order. If a Product is missing, damaged or subject to print error, BY YESTERDAY will replace the erroneous Product with a new Product. To issue a refund process based on the aforementioned reasons, contact email@example.com. Refund requests will be processed within five (5) working days. For the sake of clarity, BY YESTERDAY is not responsible for situations when the Customer has provided incorrect information, such as wrong Customer name or address. In such cases, an extra payment will be applied.
6.3 Due to the individualization of the Product there is no right of withdrawal for the Product after placed order.
6.4 Uploading and storing images in electronic form on the BY YESTERDAY website or sent to firstname.lastname@example.org. The images are stored for no special fee for 30 days, after which the images are deleted.
NOTE: Images uploaded to the BY YESTERDAY website cannot be downloaded back to the User's computer. You need to save backups of your digital image files yourself.
As a user, you are solely responsible for ensuring that the uploaded or sent image does not violate any law, morality or ethics. You are equally responsible for ensuring that the uploaded image does not infringe upon the copyright or other rights of anyone. If you upload an image that leads to liability directed towards BY YESTERDAY should you as a user alone assume all process and liability.
7. Description of products
7.1 Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible.
7.2 We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price and packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
7.3 We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the Product.
8. Purchase of Products
8.1 Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.
8.2 BY YESTERDAY shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, indirect or consequential losses or wasted expenditure.
8.3 Orders are placed and received exclusively via the Site. Before ordering from us, it is the Customer’s responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
8.4 All information asked on the checkout page must be filled in precisely and accurately. BY YESTERDAY will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact BY YESTERDAY.
9.1 BY YESTERDAY deliver to Users/Customers to most places in the world. Customer is responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
9.2 BY YESTERDAY cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Standard delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all the changes. We try our best to make delivery of Product as simple as possible.Ownership of the Products will only pass to Customers when we receive full payment of all sums due in respect of the Products, including delivery charges.
10.1 You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that BY YESTERDAY has no control over and does not guarantee the delivery of the advertised collaborations and that BY YESTERDAY shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
11. Personal data and cookies
12.1 You will indemnify and hold BY YESTERDAY (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
13. Law and Jurisdiction.
13.1 If a dispute arises between you and BY YESTERDAY we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
13.2 Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Sweden.
13.3 Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Sweden.
14.1 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
14.2 You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
14.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.