TERMS AND CONDITIONS
1. Use of the Website
Welcome to the By Told website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website and should leave it immediately.
www.By-Told.com is an online service of By Told Designs GMBH (‘by-told.com’/‘We’/‘our’/‘us’) provided solely for your personal use for the sale of clothing, accessories and other Items (‘Items’).
Company name: By Told Designs GMBH Company number: 34287P
Where Registered: Potsdam
Registered office address: Ludwig Richter Str. 17, Potsdam 14467, Germany
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However color clarity will depend upon your own personal monitor and we therefore cannot guarantee that the color of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on
Website you must:
a) be the holder of a valid debit/credit card. b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then please notify us immediately by contacting Customer Care on the following email email@example.com
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a purchase
When you order an Item from By Told you are offering to buy it for the price stated, subject to these Terms.
You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the Purchase Now button at the end of the online order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with an order reference and the total value of your order. This is not an order confirmation or order acceptance from By Told.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
If you require any information regarding your order(s) please contact Customer Care on firstname.lastname@example.org
We may not accept your order if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorization for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below.
We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. Price and Delivery
Currency: Your card will be charged in the currency you choose: GBP £, EUR €, USD $. Please note, the purchase currencies you can choose from may be restricted by your shipping destination. Prices for shipment to the UK will be shown in GBP £. Where shipment is outside Europe to the Americas – North and South including Canada– prices are shown in USD $. Prices for shipment to all other countries will be shown in EUR €.
The price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.
VAT: If you are in the Eurozone and choose to have the goods shipped to the Euro prices will be shown inclusive of VAT (where applicable) at the current rate.
For international shipping outside the Eurozone countries, please note that customs duties are not included in the prices quoted. We ask you to please contact us at email@example.com to organize a purchase.
While we try and ensure that all details, descriptions and prices that appear on the website are accurate, there may be cases where errors occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order for that product at the incorrect price. If an error in the price of any products that you have ordered is discovered, Customer Care will inform you of this as soon as possible.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are dependent on your shipping destination. By Told cannot take responsibility for delays owing to customs clearance or payment issues. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at firstname.lastname@example.org and we will track your shipment for you.
Please order from By Told with enough lead-time to prevent any loss or disappointment resulting from the delivery time as By Told cannot be responsible for this.
If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
All new orders are deemed separate and each is treated individually.
As By Told online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an email and a copy of the invoice will be sent to the cardholder’s registered email address and home address, and we will require a signature upon delivery for all goods shipped.
3b. Returns and Cancellation
Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund.
Please read our return policy carefully to ensure you can proceed with your request as quickly as possible.
All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the By Told box is properly protected with the plastic bag provided.
You have 28 days from receipt of order to request your returns number, which will be displayed online and emailed to you. Unsuitable items must then be returned within 14 days of receiving your returns number. Returns outside this window may be accepted at our discretion. The item(s) should be returned unworn and in perfect condition, with all By Told and designer garment tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer.
To ensure your return is covered by our returns policy and does not encounter a delay, items must be returned using the original packaging provided and from the same country to which they were delivered. Items returned from a different country may incur additional charges or be delayed by customs. You can return using any secure means but we may not accept liability.
Before your parcel leaves our offices, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately.
All pieces at By Told are handmade. Each piece will therefore be unique and customers should expect to see some minor variations even from the images displayed on our website.
You will also have received a Proforma Invoice with your package. This needs to be completed and enclosed with the items you wish to return. On this form you will need to indicate which item(s) are being returned by ticking the boxes alongside the product details. You will need to complete the Returns Number section with the number you have been issued and sign appropriately. All successfully returned items will be only credited to the account used originally to purchase the items incurred and will be refunded in the currency in which you paid at the price you paid at the exchange rate prevailing on the day when you bought the item. For more information about our returns process, please see our Returns Policy or contact us by email on email@example.com.
Our returns policy does not affect your statutory rights in any way.
Statutory Cancellation Rights
You have the right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are in the EU.
You may cancel your order within 14 days after the day on which you receive your Items.
If, for any reason, you wish to cancel your order before your Items have been dispatched, you need to let us know. In order to do so, you will need to confirm in writing to firstname.lastname@example.org. If you cancel your order, we will reimburse all payments received from you, including the cost of delivery within 14 days (except for any supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).
If you wish to cancel after the Items have been dispatched, then you need to let us know within 14 days after the day on which you receive your Items. You can notify us by email as identified above. Once we have received notification from you of your wish to cancel your order, you will then have a further 14 days to return your Items to us. You will have to bear the direct cost of returning the Items.
We may make a deduction from the reimbursement for loss in value of the Items, if the loss is the result of unnecessary handling by you.
Model Cancellation Form
(Complete and return this form via email only if you wish to cancel your order.)
To By Told:
We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent by post):
4. Credit Cards
By Told allows orders to be processed online using a valid credit or debit card.
Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
5. Passing of property and risk
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
By Told wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full refund as set out above.
7. Contacting Us
If you would like some help when ordering, have a query about your order or to provide us with feedback on our service please email email@example.com.
8. Copyright and Trade Marks
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the ‘Content’) is the property of By Told, our affiliates, our partners or our licensors, and is protected by German and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of By Told and are protected by German and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in the section entitled ‘Limited License’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
8. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame, link to, or utilize any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited license set forth in this section does not include the right to:
a) modify or download the Website or its contents (except caching or as necessary to view content)
b) make any use of the Website or its Content other than personal use
c) create any derivative work based upon either the Website or its Content
d) collect account information for the benefit of another party
e) use any meta tags or any other ‘hidden text’ utilizing our name or the Trade Marks without our express written consent
f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content
b) not imply that we are endorsing such website or its services or products
c) not misrepresent its relationship with us
d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages
e) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
f) not use any Trade Mark without our prior written consent and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
9. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.
11. Our Liability To You
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
In no event shall our maximum aggregate liability exceed the greater of one hundred Euros (eu100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.
We do not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence,(ii) fraud or fraudulent misrepresentation, (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples), (v) defective products under the Consumer Protection Act 1987, or (vi) any other liability which cannot be excluded by law.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from By Told shall be submitted to confidential arbitration in Potsdam, Germany, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the German Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Germany, and all applicable provisions of this section shall apply.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by By Told shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.
14. Governing Law
Your use of this Website and any purchase by you of any Item from By Told shall be governed by German law and you hereto submit to the exclusive jurisdiction of the German courts.