Terms and Conditions
Terms & conditions :
General Terms and Conditions
These terms and conditions (the “GTCs”) govern the use of the website www.bykaza.com (the “Platform”) and the contractual relationship between the client who has access to, makes any use of and/or is registered as a member to the Platform (the “User”) and ByKaza Sarl, with registered office in Casablanca, a company registered with the Register of Companies and Commerce under the number 351349 and VAT number 34891614 (“ByKaza”) in connection with the Services. These GTCs, and any contract between us, are only in the English language. \"Bykaza\" is a registered trade mark of ByKaza Sarl.
These GTCs as well as the delivery and payment terms included on this Platform and the Privacy and Cookie Policies, are an integral part of the agreement entered into by and between Bykaza and the User who use the Services, purchases any of the Products (as defined in Section 2 below) and/or registers to the Platform. The User who does not purchase any of the Products or does not register to the Platform, but who nevertheless uses the Platform, agrees to be bound by these GTCs each time he/she access the Platform. Bykaza recommends the User to read carefully the GTCs at any access to the Platform, and before registering or making any order or action on the Platform. The User should also print the GTCs and retain a copy thereof. By registering to the Platform, purchasing any Product and/or using the Services, the User declares to have read and accepted without any exception the GTCs, including without limitation, the delivery and payment terms set forth in this Platform, as applicable.
Any use of the Services or purchase of the Products is regulated by the GTCs applicable at the date of the use or acceptance by ByKaza of the order. ByKaza reserves the right to add, delete and/or modify any of the terms and conditions contained in these GTCs and post the new version on the Platform. The User should review the GTCs periodically and, if he/she does not wish to be bound by the new version of the GTCs, he/she must cease to use the Services and the Platform and refrain from purchasing any new Product. For the avoidance of doubt, ByKaza will not have any liability to the User in that event.
These GTCs refer to the following additional terms, which also apply to your use of the Platform:
- The Services.
ByKaza provides to the User several Internet-based services through the Platform (collectively, the “Services”). The Services enable the User to: upload, download or otherwise transfer designs, images and or other content to create and purchase their own customized products (the “Products”).
- User’s Registration and Account.
In order to use the Services and purchase the Products, the User is requested to register to the Platform by completing the online registration process and opening a personal account. When placing an order for a Product, the User shall provide ByKaza with accurate and complete contact information and shall immediately notify ByKaza in case any of this information changes. If the User does not provide ByKaza with complete, accurate and updated contact information, the User shall not be eligible to purchase Products or to use the Services provided by ByKaza.
The User will need to select a user name and a password at the time of opening the personal account and shall retain the confidentiality of its personal account. The User shall be solely and exclusively responsible for keeping the credentials confidential and all use of the User’s credentials and personal account, including without limitation, any use by any unauthorized third parties. The User shall notify ByKaza immediately at Stephane@ByKaza.com: (i) if the User believes his/her password has been or may be obtained or used by any unauthorized person or entity; (ii) if the User becomes aware of any other breach or attempted breach of the security of his/her personal account or the Services.
A person under 18 years of age should not register to the Platform. By registering to the Platform, the User represents that he or she is at least 18 years old. The Platform is intended primarily for use by Users as private individuals. ByKaza permits use of the Platform in the course of a business but, to the extent that a User uses the Platform in the course of business, that User (i) represents and warrants to ByKaza that he or she is authorized to act on behalf of and to bind that business, and (ii) acknowledges that certain rights afforded to Users under these GTCs may only apply in circumstances where the User is acting as a private individual or consumer, and may not apply to use in the course of a business.
- Use of the Platform.
The User, at all times, shall comply with these GTCs and all applicable laws, rules and regulations while using the Platform and/or the Services. The User shall take all necessary actions not to cause harm to ByKaza, companies or persons doing business or otherwise collaborating with ByKaza, other Users, the Platform and/or the Services. Specifically, but not by way of limitation:
- a) Improper use of the Platform - the User shall not: (i) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to create the Platform; (ii) interfere with, or disrupt the access of any other User, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of contents of the Platform in such a manner as to interfere with or create an undue burden on the Platform; (iii) impersonate another person or entity or falsely state or otherwise misrepresent the affiliation with a person or entity; (iv) engage in any activity that interferes with another User’s ability to use or enjoy the Platform, the Services and/or the Products; or (v) assist or encourage any third party in engaging in any activity prohibited by these GTCs or by any applicable law.
- b) Intellectual property rights - the User acknowledges that all brands, other distinctive signs and all other intellectual property rights on the Platform or linked to or relating to the Services and/or the Products on the Platform including, without limitation to, the brand, logos and trademark “ByKaza”, the Products, the copyrights in and to the Platform and certain technology used in providing the Services and the Products, are property of ByKaza or third party licensors of these rights. The User will not acquire any right, title or interest therein under these GTCs or otherwise to any intellectual property owned by ByKaza or third parties. Any use of any of the brands, distinctive signs or other intellectual property rights of ByKaza or third parties, including the reproduction on other websites or otherwise, by any means, by any entity or person without any explicit written authorization from the owner is strictly forbidden. ByKaza shall not, under any circumstances, be liable for any breach by any User of any third party’s rights. In case any User thinks that his/her intellectual property rights have been infringed by any content present on the Platform he/she should notify ByKaza by writing to Stephane@ByKaza.com.
- c) Compliance with the Content Rules - the User shall also at any time comply with the Content Rules set forth in Section 5 below.
- User Content and Content Rules.
As a part of the Services, ByKaza allows the User to upload content including images, photographs, designs, text and graphics (the “User Content”) to the Platform to create, produce and purchase Products featuring the uploaded User Content. The term User Content also includes, for the purposes of these GTCs and the Content Rules, any comment, forum or other communication posted or published by the User on the Platform.
The User shall be solely responsible for the creation of the User Content that he/she uploads on the Platform, and shall bear all liability and costs associated with its creation, editing and use on the Platform, including, without limitation, any royalties or other compensation otherwise payable to third parties in connection therewith.
The User shall upload and/or deliver to ByKaza User Content only in accordance the following rules of conduct (the “Content Rules”).
Each User shall ensure that the User Content uploaded on the Platform and/or delivered to ByKaza does not:
- infringe anyone’s intellectual property rights (including without limitation copyright and design rights); By uploading or delivering any User Content. The User represents that he/she either owns the intellectual property rights in the User Content or that he/she is fully licensed by the relevant rights owner to upload and/or deliver the User Content and to make any subsequent use of it (such as including the User Content in a Product) in accordance with these GTCs;
- contravene any applicable law or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent the User’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, except with the written approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- exploits images or the likeness of minors;
- advocate, promote or assist any unlawful act; or
- contravene any provision of these GTCs.
Although ByKaza prohibits the uploading and the delivery of User Content which infringes the Content Rules, ByKaza is not in the position to, and has no obligation to, control, monitor or pre-screen the use of the Platform by the User and the User Content uploaded. ByKaza is not responsible for such use and User Content and it reserves the right, at any time and in its sole and absolute discretion, to cancel any order for Products, cancel any account, prevent any use or remove or limit access to any User Content which appears to breach the Content Rules and the User may be liable for any and all consequences resulting from such breach pursuant to Section 14.
The User will retain the sole ownership of the User Content uploaded by him or her on the Platform, for which he/she remains solely and wholly liable. In uploading, posting, contributing, delivering or communicating the User Content to ByKaza, the User expressly grants to ByKaza a worldwide, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, right and licence to use the User Content to provide the Services pursuant to these GTCs, including without limitation for the purposes of producing and manufacturing the Products and improving the printing quality and display parameters of the Products.
ByKaza will confirm receipt of the order request by sending an email to the email address communicated by the User to ByKaza. The message will provide all applicable data inserted by the User and a link to the GTCs. The invoice will be attached to the email.
If (whether before or after sending the confirmation email) an ordered Product is not available, ByKaza will promptly inform the User of the time necessary to deliver the ordered Product. The User shall then have the option to confirm or cancel the order. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible.
ByKaza reserves the right to refuse, at its discretion, any order for the Products, whether in whole or part. ByKaza shall not be liable to any User for any damage or cost, nor for any liability, in contract or in tort or otherwise, nor for any direct or indirect damages to persons and/or objects caused by the non-acceptance by ByKaza, in whole or in part, of an order.
ByKaza attempts to be as accurate as possible in displaying the Products on the Platform. However, the images of the Products on the Platform are for illustrative purposes only and we cannot guarantee the User’s computer’s display of the colours accurately reflect the colours of the Products. The User’s Products may vary slightly from those images. ByKaza has made every effort to be as accurate as possible with all sizes, weights, capacities, dimensions and measurements, but we cannot guarantee that they will be entirely accurate in every case.
The prices applied to the User are those indicated on the Platform at the time of the order. Prices are indicated in GBP and are inclusive of VAT but they do not include the delivery costs. The delivery costs are available on the Platform and shall be paid by the User. They are calculated according to the option selected by the User and are indicated separately in the order. Potential customs costs, local taxes and/or import duties applicable to the delivery of products shall be paid by the User.
ByKaza reserves the right to modify the prices at its convenience. The price may not be modified after the order is placed. The Platform contains a large number of Products. It is always possible that, despite ByKaza’s reasonable efforts, some of the Products on the Platform may be incorrectly priced. If ByKaza discover an error in the price of the Products the User has ordered ByKaza will contact the User to notify of this error and ByKaza will give the User the option of continuing to purchase the Product at the correct price or cancelling the order. ByKaza will not process the order until your instructions have been received. If the User is unable to be contacted using the contact details provided during the order process, ByKaza will treat the order as cancelled and notify the User in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by as a mispricing, ByKaza does not have to provide the Products to the User at the incorrect (lower) price.
Once an order is placed, ByKaza will produce the Products and deliver them according to the delivery option chosen by the User. The Products will be delivered to the address the User has indicated when the order was placed. ByKaza shall not be liable for any delays occurred in connection with the transportation of the Products outside ByKaza’s control. If the Products are shown on the Platform to be available for purchase, the delivery date is determined on the basis of the following elements:
- receipt of the order and possible verification by ByKaza of the information provided by the User for the purchase;
- preparation of the order;
- forward of the order to the relevant courier, according to the delivery method selected by the User; and
- time of delivery according to the courier selected by the User.
ByKaza shall not be liable for any delay in the dispatch of the order or in the delivery of the ordered Products. If ByKaza misses the 30 day delivery deadline for any Products the User may cancel its Order straight away (for just some of the Products or all of them, unless splitting them up would significantly reduce their value) if any of the following apply:
- (a) ByKaza has refused to deliver the Products;
- (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- (c) the User told ByKaza before ByKaza accepted the order that delivery within the delivery deadline was essential.
If the User does not wish to cancel the order straight away, or does not have the right to do so under (a), (b) or (c) above, the User can give ByKaza a new deadline for delivery, which must be reasonable, and the User can cancel the Order if ByKaza does not meet the new deadline.
If the Products have been delivered by the time the User cancels, the User will have to return them to ByKaza or allow ByKaza to collect them, and ByKaza will pay the costs of this. After the User cancels any Order ByKaza will refund any sums ByKaza has paid for the cancelled Products and their delivery.
ByKaza delivers to most international countries. However there are restrictions on some Products for certain International Delivery Destinations, in such case the country name will not appear among the possible selections at the point of ordering Products.
If the User orders Products from the Platform for delivery to one of the International Delivery Destinations, it may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that ByKaza has no control over these charges and cannot predict their amount. The User will be responsible for payment of any such import duties and taxes. Please contact the local customs office for further information before placing an order.
The User must comply with all applicable laws and regulations of the country for which the Products are destined. ByKaza will not be liable or responsible if the User breaks any such law.
The User owns the Products once ByKaza has received payment in full, including all applicable delivery charges.
- Payment Terms of the Purchased Products.
ByKaza offers to the User the following methods of payment: credit card; debit card. Credit and debit cards shall be charged at the time of the confirmation of the User’s order being placed by ByKaza. Online payment will be processed using a secured system. In order to prevent fraud, ByKaza shall have the right to verify the orders placed on the Platform. In the event ByKaza has doubts regarding the legitimacy of the order, ByKaza reserves the right to verify the identity of the User’s documentation by requesting identification document of the User (such as passport, ID card or driving license) and providing evidence of the domicile location and the payment method that was used. Should the requested documentation not be sent to ByKaza by the User within 5 (five) days of the request or in the event that the information received by ByKaza are not consistent, ByKaza shall have the right to cancel the order.
- Return, refunds and cancellation.
Right of withdrawal
The User acknowledges that all Products made by ByKaza under these GTCs are personalized for the User to the specifications provided. The User should be aware that, based on Article 16, letter c) of Directive 2011/83/EU (implemented in England and Wales by regulation 28(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134)), consumers do not have a right of withdrawal in case of purchases of products made to the consumer’s specifications or clearly personalized. In compliance with applicable laws, ByKaza does not grant the User a right of withdrawal in connection with these personalized Products and does not accept returns or refunds except as provided by Sections 11 c) and d) below.
Order changes and cancellation
Order changes (such as, by way of example, change of Product type and quantity, changes of order recipient, changes in delivery method) are not possible once the order request is confirmed by ByKaza. Changes of delivery address may be possible if requested in writing to Stephane@ByKaza.com promptly and provided that the order has not yet left the factory and the country where the order needs to be delivered to is the same as in the original order. Order cancellation is not possible once the order is confirmed by ByKaza.
If a Product is delivered faulty, defective, damaged or broken, the User shall notify ByKaza’ customer support within 5 (five) working days from receipt of the Product by filling in the contact form available on the Platform, including in the e-mail:
- i) the User’s name and surname ;
- ii) the order reference number;
- iii) a description of the problem giving rise to the User’s complaint;
- iv) a photo of the faulty, defective, damaged or broken Product (provided that the fault, defect or damage can be shown on a photo).
Once the User’s complaint has been notified to and accepted by ByKaza’s customer support, ByKaza will either offer the User the opportunity to have a new Product produced by ByKaza and deliver it at ByKaza’s expense or give to the User credits that may be used to purchase a different Product. In those cases where a refund is needed it will be issued in the currency used to purchase the Products. Actual settlement will take place within 5 working days from the date the User received from ByKaza’ customer support an e-mail acknowledging that the User’s complaint has been received and will be processed.ByKaza reserves the right to request the User to return the defective Product or to deliver it to a delivery point if this service is available.
Goods damaged in transport
If the fault, defect or damage is already apparent at the moment of delivery (if, for example, the outer box looks damaged), then the User can refuse the delivery and should send immediately and in any event within 5 (five) working days a notification to ByKaza’ customer support by e-mail. If the complaint is accepted, ByKaza will replace the Product and deliver it at ByKaza’s expenses.
Late deliveries/Lost Products
The standard delivery time for each delivery option stated in the Platform is an estimate. ByKaza will do its best to produce and deliver the ordered Products to the User in the shortest time possible, but transportation problems and delays that are outside ByKaza’s control may occur. ByKaza shall not be liable for any delay in the dispatch of the order or in the delivery of the ordered Products except as set out in article 9 above. ByKaza’s customer support (Stephane@ByKaza.com) is available to help the User to track orders or solve delivery problems. ByKaza strongly recommends the User to choose a tracked delivery option for better security and to be able to trace ordered Products. In any case, in order to minimize the risk of loss, for some higher value Products tracked delivery (standard or express) is the only option available to the User. Any complaint or communication shall be addressed to ByKaza’ customer support via email at: Stephane@ByKaza.com.
- Limitation of Liability.
If ByKaza fails to comply with these GTCs, ByKaza is responsible for loss or damage the User suffers that is a foreseeable result of that breach or ByKaza’s negligence, but ByKaza is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of ByKaza’s breach or if it was contemplated by you and us at the time we entered into a contract for the sale of Products.
In addition to the limitation of liability set out above, where the User uses the Products for any commercial, business or resale purposes, ByKaza has no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- (d) 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); and
- (e) defective products under the Consumer Protection Act 1987.
ByKaza shall not be liable, for any reason, for any damages whatsoever arising from improper use of the Products, the Services and/or the Platform.
ByKaza shall not be liable for any failure in finalization of the order or for any delay in the fulfillment of the obligations of, or breach of, the agreement governed by these GTCs resulting from circumstances that are out of ByKaza’s reasonable control.
ByKaza shall not be liable for the User Content uploaded or shared by the User on the Platform or provided by another User or for the defamatory, offensive or illegal conduct of any User or third party.
The User shall indemnify and hold ByKaza, its shareholders, affiliates, directors, officers, representatives and employees, harmless from and against any and all claims, demands, damages, losses, liability, costs or expenses arising from or incurred in connection with any breach of these GTCs on the part of the User.
The User may choose to cancel his/her account at any time by contacting ByKaza’s customer support.
In the event that ByKaza (in its discretion), determines that the User has breached these GTCs, ByKaza may at any time, with or without notice to the User:
- (i) suspend, limit the User’s access to or terminate the User’s use of the Platform and/or the Services;
- (ii) suspend, limit the User’s access to or terminate the User’s account or the User’s membership;
- (iii) remove any of the User Content from the ByKaza servers and directories and
- (iv) prohibit the User from using the ByKaza Services and the Platform.
ByKaza may further remove and/or delete the User Content from a User’s account in case the account has been inactive, as determined by ByKaza at its sole and absolute discretion, for a period of 12 (twelve) months or more.
Notwithstanding this article 15, the following provisions of these GTCs will survive any such action by ByKaza: 4, 5, 6, 12, 13, 16 and 17.
ByKaza will have no liability to the User or any other third party in connection with the above.
- Access to the Platform and modification to the Services.
ByKaza does not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis and the User is responsible for making all arrangements necessary to have access to the Platform. ByKaza does not guarantee that the Platform will be secure or free from bugs or viruses and should use his or her own virus protection software. The User is also responsible for ensuring that all persons who access the Platform through the User’s internet connection are aware of these GTCs and other applicable terms and conditions, and that they comply with them.
ByKaza reserves the right to modify the organization and structure of the Services, the Products and/or the Platform, and may change, suspend or discontinue, temporarily or permanently, any aspect of the Services at any time without any liability to the User or any third party. ByKaza shall have complete discretion over the features, functions, prices and other terms and conditions on which the Services and/or the Products are offered to the User. The User agrees that ByKaza will not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
- Other important terms.
The User may link to the ByKaza home page, provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it. The User must not establish a link in such a way as to suggest any form of association, approval or endorsement on ByKaza’s part where none exists. ByKaza reserves the right to withdraw linking permission without notice. Any website in which the User links to the Platform must comply in all respects with the content standards set out in these GTCs. If you wish to make any use of content on the Platform other than that set out above, please contact Stephane@ByKaza.com.
ByKaza may transfer its rights and obligations under these GTCs or any contract for the supply of Products to another organisation, but this will not affect the User’s rights or our obligations under these GTCs. The User may only transfer his or her rights or obligations under these GTCs or any contract for the supply of Products to another person if ByKaza agrees in writing.
These GTCs and any contract for the supply of Products is between ByKaza and the User. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each of the paragraphs of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If ByKaza fails to insist that the User performs any of its obligations under these Terms, or if ByKaza does not enforce its rights against the User, or delays in doing so, that will not mean that ByKaza has waived its rights against you and will not mean that the User does not have to comply with those obligations. If ByKaza does waive a default by the User, it will only do so in writing.
- Applicable Law and Jurisdiction.
These GTCs are governed by English law. This means a contract for the purchase of Products through the Platform and any dispute or claim arising out of or in connection with it will be governed by English law. The parties agree that the courts of England and Wales will have non-exclusive jurisdiction.
- Contact Us
To contact us, please email Stephane@bykaza.com
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