Terms & Conditions

October 2019
 

Conclusion of agreements                                                

These general terms and conditions apply to any purchase of by Room´s products. By Room reserves the right to withdraw or amend the terms and conditions from time to time, without notice and with clear statement of new date of entry into force. The applicable terms and conditions are stated on our homepage www.byroom.dk. Our customers should check this page regularly to take notice of any changes we may have made to the terms and conditions. The date on the order confirmation from by Room decides which version of terms and conditions applies.
Any variation of the stated terms is only possible through explicit written agreement by by Room.

Electronic communication

By purchase of goods from by Room you agree to further communication being sent electronically to the e-mail address you have supplied. Thus you accept that electronic messages have the same legal effects as messages sent by ordinary mail.

Products purchased from by Room

Agreement of purchase from by Room can be in either English or Danish. Any agreement of purchase refers to the current general terms and conditions. Any order placed is considered final when it has been confirmed by by Room. After completing your order, you will receive an order confirmation within few days by e-mail to the e-mail address you have supplied. The order confirmation consists of order number, name and address of buyer, delivery address and a specification of the ordered goods.
It is very important that you inform us when ordering (or at least before we ship your goods), if your company is closed at certain days, has special opening hours, or if you have other requests concerning delivery. Please check the order confirmation and note that the specification does not include freight costs.

Estimated delivery costs stated in connection with web orders, offers and confirmations are not final. The final delivery cost is determined only when dispatching the order based on actual weight and volume.

Terms of payment                          

For new customers: Prepayment according to the submitted proforma invoice before delivery.
For existing customers: All orders above DKK 25,000/EURO 3.300 are settled in advance with a proforma invoice of 50% before sending the order until otherwise agreed. General payment terms in other cases: 14 days net from invoice date – the day the order is shipped from stock.
  
When ordering customized articles or manufactured special items, by Room will request prepayment.  By Room reserves the right at any time to request prepayment.

For all new customers the first order must amount to a minimum of DKK 3,500.- / EURO 500.- excl. VAT.
For any follow-up order under DKK 2,000.- / EURO 270.- excl. VAT – by Room charges an administrative fee of DKK 250.- / EURO 35.- This does not apply for back orders or additional orders to an existing order.

Containers direct

When ordering entire containers, there are separate sales and delivery terms.
These can be obtained from by Room.
Retention of ownership
Ownership of the supplied goods is the right of by Room until the entire amount, incl. of any accrued interest and costs, is paid.

Delivery             

Inventories can be dispatched within a few working days. Delivery of inventories is subject to order confirmation and any special conditions will be specified. Unless otherwise agreed, by Room will arrange for delivery through a forwarding agent chosen by by Room. The forwarding agent will notify you on the day of delivery. I.e. you will receive a mail or a text message that your shipment is out for delivery that day. Since your items are already loaded on the truck and on their way to you, it is impossible for you to change the date of delivery.
Delivery will be made to the address supplied by the buyer and it is buyers’ responsibility that the delivery place is accessible. Should the forwarding agent try to deliver your goods in vain, because your goods reception is closed, extra costs of 80% of the freight amount will be charged to you.
Free delivery on orders over 2000€  If you are buying goods for delivery to an EU address

By Room has no obligations toward reporting tariffs, taxes or other.
All items from by Room are sold EX WORKS, i.e. freight costs for each shipment will be invoiced to the buyer.

Facts about your purchase

Items from by Room are basically divided into three categories:
1. Original, old items
2. Partly newly manufactured semi handmade items made of recycled materials
3. Newly manufactured, semi handmade items made of new or used materials

Please notice: When purchasing any of our items from the above mentioned categories we draw your attention to the fact that no two items necessarily are identical despite the same item number. There will be differences in shade, color and size from one item to another. This means, that you will have to expect differences to the item seen on our homepage or at a fair. By Room therefore cannot guarantee that the purchased item is identical to the item seen.

As for items made of wood, we draw your attention to the fact that wood is a living material, which will change over time. Wood adapts to the surroundings and small cracks may appear between the wood grains. Items that consist of iron will eventually convert to rust.
Purchase of items with leather, please be aware that leather is a natural product, and there will be variation in both color, appearance and surface. Small scratches and scars are natural and not production defects. Due to the processing process, leather goods can smell a little, but it will decrease over time.

Our throws and many other of our textile products are made from recycled cotton and there will be differences in the weaving, due to the material being reused. This is not an error or flaw but the uniqueness of the item.

In general, our products are made from recycled and sustainable materials.
We therefor urge our customers to keep in mind, that no two items are quite similar.

Available products

All products in the web shop are listed with “in stock” - ”few in stock” -  “temporarily out of stock.” In some cases, the goods might have been sold to someone else, before your order is processed.

Complaints

Products delivered by by Room are partly unique. Conferring to the above stated by Room cannot validate claims solely based on discrepancies between the seen - and purchased item.
We encourage you to check the delivery of cargo damage, to note the number/amount immediately on receipt and before signing the consignment note. Any defects or damages must be noted on the consignment note. Please remember to retain the original packaging, as goods are to be returned in original packaging if complaints or damages should arise.
By Room will only accept returns of articles in their original packaging. Should you return articles in any other packaging, by Room may discount the credit with minimum 25% and up to 50%, depending on the article.

In case of inaccurate delivery or damaged goods we urge you to contact by Room within eight days of receiving the goods. By Room will only accept complaints that are sent by e-mail and accompanied by image documentation of the damaged goods.

Newsletter

As a login customer at by Room, you have the option of selecting newsletters that are sent on a regular basis. Newsletters are sent to the contact person provided by registration. You can unsubscribe at any time.

Confidentiality

By Room is an independent company and by Room does not give information to unauthorized parties. By Room keeps customer data safely. Any information given in connection with purchase from by Room is kept by by Room, in order to be able to provide the best service for our customers before and after delivery of goods.

Proviso

By Room accepts no liability for typographical errors, pricing errors, color deviations of pictures etc. by Room also subjects to VAT and duty changes, price changes and sold out products. Any offer is valid while stock lasts.

Transfer of rights and obligations

Information given to by Room will only be used in house. It will not be sold or given to third parties.

Force Majeure

By Room is not responsible for any delay and/or defects due to circumstances beyond the reach of by Room´s control and which either could not or should not have been considered before entry of agreement, such as war, import or export ban, labor disputes, fire or other.

Venue

Any disputes between customer and by Room are decided in Danish courts under Danish law and by Room´s  home as venue.

Partial invalidity

Should any provision of these general terms and conditions or any provision in other agreements between the customer and by Room be or become invalid, it does not affect the validity of all other provisions or agreements.

General Data Protection Regulation (GDPR) 

All customers with a login agree to by Room collecting the company's general information. It concerns the following:
  • Company name
  • VAT no.
  • Address, zip code. and city
  • Telephone number.
  • E-mail
  • Homepage
  • Type of business

Personal data

In addition to the above general business information, we also collect information about the person (s) representing the company. In the case of:
  • Contact Name
  • The contact's phone number. and / or mobile no.
  • The contact's email address
The general business information and personal data we collect will be stored in a customer database contained in our IT system.

How long do we keep personal data?

As a customer at by Room, we as documentation require your company's general contact information as well as the personal data with which you represent the company. All information is stored in our IT system.
When personal data is no longer relevant, all personal information about you will be deleted.

What do we use personal data for?

The personal information we collect about you is used to fulfill the agreement your company has entered into to being a customer of by Room.

Transmission of personal data in connection with delivery of orders.

By Room collaborates with several freight companies that handle freight by order, and in this connection we forward both your company's general information and your personal data to the freight company for the purpose of serving you as a customer.
When you register as a by Room customer, you agree that we must forward your personal data to relevant partners.

Use of data controllers

By Room makes use of external data controllers that process information about you and the company you represent. These are administrative purposes in connection with the retention of information in our IT system.