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GENERAL TERMS AND CONDITIONS APPLICABLE TO ORDERS OUTSIDE THE EUROPEAN UNION (“EU”)

Applicability and Acceptance of the Terms

The Terms shall include, but are not limited to, these General Terms and Conditions Applicable to Orders Outside the EU including the Terms of Use for the www.bypias.com Website and BY PIA’S web shop (“Website”) as well as the Product Return Instructions, the Privacy Policy and any other applicable policy or instructions available on the Website (the “Terms”).

By accessing the Website you agree to be bound by these Terms. If you do not agree to these Terms please stop using the Website immediately. In case you have questions regarding the Terms please contact our Customer Service at info@bypias.com.

The Website is operated by By Pia’s Oy (BY PIA’S) and offered to you with the condition that you accept all the Terms herein. Your continued use of the Website constitutes your acceptance to these Terms.

Order

All orders are subject to availability and BY PIA’S acceptance. BY PIA’S does not guarantee the availability of all products shown on its Website.

You can easily place orders on our Website 24 hours per day. Products are ordered by placing them in the shopping cart. Follow the instructions provided by the Website in order to complete your order.

Prices

The prices on the Website are shown in euros and are inclusive the Finnish VAT (24% in 2017). Generally, the VAT is automatically deducted in the checkout process from all sales prices in respect of sales to countries outside the EU. BY PIA’S reserves the right to change product prices at any time.

Your order confirmation page shows automatically the sales price and shipping costs of your products.

Customers ordering products to be shipped outside the EU, have the responsibility to pay all import costs, including but not limited to, customs duties, administrative fees, sales and other taxes levied by their respective local authorities (“Import Costs”). You are advised to obtain information on the Import Costs from your local authorities. Payment of such Import Costs may be required in order to release your products from customs or other local authorities.

BY PIA’S reserves the right to cancel an order on the basis of clear errors in pricing. Clear cases of pricing errors include, but are not limited to, situations where e.g. a product does not have a sales price, the price has been set to EUR 0.00 or the price clearly deviates from its correct sales price (e.g. EUR 150.00 price has been set to EUR 15.00).

Ownership to the products shall vest with BY PIA’S until the products have been paid in full. Further instructions on how to complete the payment transaction can be found at the Checkout process on our Website.

Payment Methods

Paypal, Visa, Visa Electron and Mastercard.

Delivery

Delivery times and prices vary between different countries.

We deliver by using international courier services to orders outside the EU. The shipping cost of delivery to countries outside the EU is EUR 35.00.

Please contact our Customer Service for more information.

Upon receipt of your order, we will inform you whether the desired product is in stock, sold out or whether it needs to be ordered from our production ateliers. The product page also contains information on whether the product is sold out, there only is a limited amount of the product available, or if for reasons beyond our control, the delivery will be prolonged. We are not able to respond to continuous interim inquiries on the delivery time of the products.

We have most of our products in stock, in which case the delivery time is usually approximately 1-2 weeks from shipping confirmation. In the event a product delivery requires an order from our production ateliers, our Customer Service will provide you with a delivery estimate. All custom-made products as well as sizes in excess of XXL require a separate order from our production ateliers.

In the event you order several products with different delivery times, the products will be delivered together in accordance with the longest delivery time, unless otherwise has been specifically agreed.

Reclamation

It is your obligation to, forthwith after the receipt of the delivered package, carefully inspect its contents, the condition and amount of the products.

In the event that a wrong product or a wrong amount of products have been delivered to you or in case your product is defective or has been damaged during transportation please, contact immediately our Customer Service by either sending an email to info@bypias.com or by telephone +358 50 361 4232 on weekdays between 9 a.m. and 4 p.m. (GMT+2).

The seller of the product is responsible for defects in the product in accordance with the Finnish Consumer Protection Act (38/1978, as amended).

A product is defective e.g. when it is torn or otherwise damaged. A product is not considered to be defective on the basis of normal wear and tear nor if the product has been damaged or has shrunk, because it has not been used and washed in accordance with given instructions. The surface of knitted garments may get frizzed or otherwise uneven, which is part of their natural wear and tear.

A defective product should be returned in accordance with the Product Return Instructions. After the receipt of the said defective product BY PIA’S has the right to either change the product or refund the price of the product.

It is the responsibility of the customer to claim from relevant local authorities for the refund of any Import Costs paid in connection with the import of the returned defective products as well to pay any Import Costs regarding new delivery of products in exchange of returned defective products.

Product Returns

The Product Return Instructions Outside the EU (the “Product Return Instructions”) are part of these Terms. BY PIA’S accepts product returns only, if the customer has duly notified our Customer Service within fourteen (14) days of receipt of product. Notification should be made to our Customer Service by sending an email to info@bypias.com. You are required to provide written proof of date of receipt of product.

Product changes are not available. If you wish to change your product e.g. to another size or color, return the product in accordance with the Product Return Instructions and then make a new order for the desired product on our Website.

Products should be returned in accordance with the Product Return Instructions as well as any instructions received from our Customer Service. When returning a product, attach the completed the Product Return Form to the return package together with the returned product.

After the receipt of the product BY PIA’S shall refund the sales price of the product.

It is the responsibility of the Customer to pay the return shipping costs. It is also the responsibility of the customer to claim from relevant local authorities for the refund of any Import Costs paid in connection with the import of the returned products.

Customer Service

Our professional personnel is happy to help our customers on weekdays between 9 a.m. and 4 p.m. (GMT +2) in all inquiries as well as in all matters relating to orders. Our Customer Service may be reached by telephone +358 50 361 4232 or by email at info@bypias.com.

Customer Registers

Placing an order at our Website does not require you to register with our Customer Register. BY PIA’S collects only the required data to implement your order.

You can also create an account and register with our Customer Register in connection with your order or otherwise. By creating an account is deemed to give your consent to include your personal data in BY PIA’S Customer Register. Your account enables you to take advantage of member privileges and to enhance your shopping experience with us.

You can further register with BY PIA’S VIP Customer Register by expressly providing your consent to receive newsletters and information on offers to your email.

Personal Data

BY PIA’S collects in the Customer Register the required data to implement your order. Customer can also become BY PIA’S VIP Customer by expressly providing consent to receive newsletters and information on offers to email. The customer thereby agrees that BY PIA’S collects the necessary contact information to its VIP Customer Register.
Personal data collected in BY PIA’S Customer Register is processed in connection with customer orders, billing, shipping, customer contacts, development of services, reporting, marketing and other measures relating to customer matters. The purchase and other related data in the Customer Register is also used for profiling and targeting offers, promotions, customer communication and other marketing measures to customers. The personal data collected in BY PIA’S VIP Register is processed for the purpose of sending newsletters and in connection with participation in competitions, lotteries or other marketing campaigns.

More specific information on the Privacy Policy of BY PIA’S is found on the Website.

Force Majeure

BY PIA’S is not responsible for any damages or delays which are due to force majeure or similar reasons beyond its control which it could not have reasonably predicted or the consequences of which could not be avoided. Force majeure and similar reasons consist of, but are not limited to the following: import and exports bans, industrial actions, sick leave of personnel, authority decisions, equipment or personnel related problems of production ateliers or other suppliers, delays in fabric deliveries, disruptions in transportation, war, natural disasters, or any other similar reason. In the event the force majeure or similar reason continues for more than three months, both the customer and BY PIA’S have the right to cancel the order/sales contract without any damage or other consequences.

LIMITATION OF LIABILITY

THE MAXIMUM AGGREGATE LIABILITY OF BY PIA’S FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEBSITE AND/OR THE PRODUCT, ITS ORDER AND/OR SALES CONTRACT SHALL BE COMPENSATED ONLY TO THE EXTENT AS EXPRESSLY PROVIDED FOR IN THE FINNISH CONSUMER PROTECTION ACT (38/1978, AS AMENDED) OR OTHER MANDATORY FINNISH CONSUMER PROTECTION LAWS.

UNLESS OTHERWISE STIPULATED IN MANDATORY LAWS OF LOCAL JURISDICTION OF CONSUMER, EVEN THOUGH THE APPLICABILITY OF SUCH LAWS IS EXPRESSLY EXCLUDED BY THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOLLOWING LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE USE OF THE WEBSITE, THE PRODUCT, ITS ORDER AND/OR SALES CONTRACT TO THE MAXIMUM EXTENT PERMITTED BY SUCH LOCAL MANDATORY LAWS:

BY PIA’S MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCT, ITS ORDER AND/OR SALES CONTRACT, ACCURACY OF THE INFORMATION ON ITS WEBSITE NOR SHALL BY PIA’S BE HELD LIABLE FOR ANY ERRORS OR INACCURACIES CONTAINED ON THE WEBSITE. DAMAGES RESULTING FROM ANY LOSS OF DATA SHALL BE DEEMED INDIRECT DAMAGES.

BY PIA’S SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING LEGAL FEES (“DAMAGES”), WHICH ARE INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED IN AN ACTION BASED ON CONTRACT OR TORT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

THE MAXIMUM AGGREGATE LIABILITY OF BY PIA’S FOR ANY AND ALL DAMAGES, ARISING FROM OR RELATED TO THE USE OF THE WEBSITE, THE PRODUCT, ITS ORDER AND/OR SALES CONTRACT WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT IN QUESTION.

INDEMNFICATION

CUSTOMER AGREES TO BE RESPONSIBLE FOR, AND FULLY INDEMNIFY BY PIA’S AGAINST, ALL DAMAGES ARISING OUT OF THE BREACH BY THE CUSTOMER OF THESE TERMS.

Immaterial Rights

All intellectual property rights (including but not limited to trademarks, models, domain names, trade names and photographs) in all content included on the Website or any other materials related to BY PIA’S or its products, is the sole property of BY PIA’S or its contractual parties.

Use of Website

You are granted only a restricted use of the Website. You are prohibited from misusing this Website, committing or encouraging any criminal activities, including distribution of viruses or other malicious, offensive or technologically harmful materials, and from generally causing any annoyance or harm to BY PIA’S, the Website or other users.

When using the Website as well as when registering with BY PIA’S Customer Registers you agree to

  • Use the Website in accordance with these Terms and any instructions and policies available on the Website;
  • Accept these Terms, the Privacy Policy, the Product Return Instructions and any other instructions, terms and policies available on the Website;
  • Observe express diligence and caution when using the Website;
  • Provide truthful information about you as well to change this information when necessary;
  • Obtain the consent of your guardian for your purchase in the event you are under 18 year’s old;
  • Keep your username and password secret, not to give them to third parties as well as accept responsibility in the event someone else uses your username and/or password on the Website; and
  • Immediately inform BY PIA’S in the event your username and/or password have come into the knowledge of a third party, in which case BY PIA’S reserves the right to immediately remove your username and password from use.

Severability

In the event any individual term or Section of these Terms is held invalid, illegal or unenforceable by law, such invalidity, illegality or unenforceability shall not affect the validity of the rest of these Terms or the validity of the rest of the Sections under the same heading.

Changes in Terms

BY PIA’S withholds the right to change its Terms together with all related policies, instructions, orders, prices and transactions at any time. It is your obligation to carefully familiarize yourself with all applicable Terms and related policies, instructions, orders and prices prior to making an order.

Mandatory laws of local jurisdiction of customer applicable to the Website, product and/or sales contract are expressly excluded by these Terms to the maximum extent permitted by law.

Governing Law and Jurisdiction

These Terms as well as all related policies, instructions, orders and sales contracts are governed by the laws of Finland, without regard to its conflict of laws rules, unless mandatory consumer protection laws of some other country must be applied. The relevant Finnish courts will have exclusive jurisdiction.