Terms of service

This site is operated by By Legends unipessoal Lda, owner of the BYMS brand, headquartered at Travessa do Ave 1291-A Ronfe, 4805-355 Guimarães, Portugal, with the tax identification number 517913089, which is the entity responsible for the BYMS brand, and hereinafter referred to as “BYMS”. Throughout the site, the terms “we”, “us”, and “our” refer to BYMS. BYMS provides this site, including all the information, tools, and services available on this site for you, the Customer (user), subject to your acceptance of all the terms, conditions, policies, and notices set forth herein.

The store consists of providing, through the website www.bymsbrand.com, access to an online store that allows the Customer (user) to order products online, under the terms and conditions described herein. Only by accepting these terms will an agreement be formed between BYMS and the Customer (user). The current version of these General Conditions is available on the website www.bymsbrand.com.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including these terms and conditions and additional policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, suppliers, customers, merchants, and/or content contributors. Please read these Terms of Service carefully before accessing or using our site.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our site. It is your responsibility to check this page periodically for changes. Your continued use or access to the site after any changes have been posted constitutes acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in the immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of network or device connections. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service, or any contact on the site through which the service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be used as the sole basis for decision-making without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is, by necessity, not current and is provided solely for your reference. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes on our site.

Section 4 - Modifications to the Service and Prices

The prices of our products are subject to change without prior notice. We reserve the right to, at any time, modify or discontinue the Service (or any part or content thereof) without prior notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service. All prices presented include the Portuguese VAT of 23%.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor is accurate. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product pricing are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we alter or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to be made by resellers, retailers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary. For more details, please refer to our Return Policy.

Section 7 - Optional Tools

We may provide you access to third-party tools over which we do not monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of any optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the site (including the release of new tools and features). These new features and/or services will also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or sites, or for any other materials, products, or services of third parties. We are not responsible for any damage or loss related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party sites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you submit certain specific submissions (e.g., contest entries) or, without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and use in any medium any comments that you forward to us. We have no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service. You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain defamatory or illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false email address, impersonate anyone, or mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and for their accuracy. We assume no responsibility and no liability for any comments posted by you or by third parties.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after the order has been submitted). We assume no obligation to update, amend, or clarify information in the Service or on any related site, including, without limitation, pricing information, except as required by law. No specified update or revision date applied in the Service or on any related site should be used to indicate that all information in the Service or on any related site has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any illegal purpose;
(b) to solicit others to perform or participate in any illegal acts;
(c) to violate any local, international, federal, provincial, or state regulations, rules, laws, or guidelines;
(d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties;
(e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
(f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related site, other sites, or the Internet;
(h) to collect or track personal information of third parties;
(i) for spam, phishing, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or bypass the security features of the Service or any related site, other sites, or the Internet.
We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that the use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. You agree that, from time to time, we may remove the service for indefinite periods or cancel the service at any time without prior notice. You expressly agree that your use or inability to use the service is at your own risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall BYMS, our directors, executives, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damage, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available through the service, even if advised of the possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless BYMS and our parent company, subsidiaries, affiliates, partners, executives, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including attorney’s fees, made by any third party due to or arising from your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of third parties.

Section 15 - Severability

In the event that any provision of these Terms of Service is deemed illegal, null, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and responsibilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, at our sole discretion, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the termination date; and/or consequently we may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (Portugal).

Section 19 - Changes to the Terms of Service

You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our site. It is your responsibility to check our site periodically for changes. Your continued use or access to our site or the Service after any changes are posted constitutes acceptance of those changes.

Section 20 - Contact Information – SMS Marketing

By consenting to BYMS marketing communications during checkout and/or when initiating a purchase or subscribing through our subscription tools, the Customer agrees to receive recurring text notifications (about your order, including abandoned cart reminders), marketing offers via text, and transactional messages, including review requests, even if the Customer's mobile number is registered on any do-not-disturb list. The frequency of messages may vary. Consent is not a condition of purchase. If the Customer wishes to unsubscribe from marketing messages and text notifications, they must reply with “CANCEL” to any mobile message sent by us or use the unsubscribe link provided in any of our messages. The Customer understands and agrees that alternative cancellation methods, such as alternative words or requests, will not be considered reasonable means of cancellation. We do not charge for the service, but the Customer is responsible for all fees and charges associated with text messages imposed by their wireless provider. Message and data rates may apply. For any questions, the Customer may send the word “HELP” to the number from which they received the messages. You may also contact us via email at hello@bymsbrand.com for further information. We reserve the right to modify any telephone number or short code that we use to operate the service at any time. You will be notified in such cases. The Customer agrees that any messages sent to a telephone number or short code that we have changed, including any cancellation or HELP requests, may not be received, and we will not be responsible for honoring requests made in such messages. To the extent permitted by applicable law, the Customer agrees that we shall not be liable for any failures, delays, or incorrect deliveries of any information sent via the service, any errors in such information, and/or any actions the Customer may or may not take based on the information or the Service. The Customer's right to privacy is important to us. Please review our Privacy Policy to learn how we collect and use your personal information.

Section 21 - Warranty

You agree that BYMS items have a maximum warranty in accordance with the law in force for this type of goods, with the warranty period beginning on the date of the invoice. BYMS items are delicate; therefore, please keep in mind the main precautions: dry clean when indicated on the label; when indicated, avoid contact with materials that may cause stains or permanent marks. Always follow the washing and cleaning instructions correctly and handle the items carefully, storing them properly in a dry place, and allowing them to dry indirectly from sunlight when applicable. Items that show defects caused by abnormal wear, negligence, or accidents, and items with missing components, are considered outside the warranty conditions. If the Customer encounters any non-conformity, they must send an email with the subject “Warranty” to hello@bymsbrand.com, indicating the order number, the invoice date, and the Customer's address. The Customer must then send the item, via registered mail, to the BYMS headquarters address: Travessa do Ave, 1291-A, Ronfe, 4805-355 Guimarães, Portugal. The Customer must always request a receipt that proves the shipment of the package. Shipping costs will be the responsibility of the Customer. Upon examination and confirmation of the warranty validity, the product will be repaired or replaced at no additional cost and returned to the Customer's address.

Section 22 - Dispute Resolution

The Customer may submit any contractual disputes to the legally established arbitration and mediation mechanisms and file a complaint with BYMS for acts and omissions that violate the legal provisions applicable to the purchase of goods. This applies to contracts concluded in Portugal:

  • CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
    Address: Faculdade de Direito da Universidade Nova de Lisboa, Campus de Campolide, 1099-032 Lisboa
    Telephone: 213 847 484
    Email: cniacc@unl.pt
    Website: http://www.arbitragemdeconsumo.org
  • CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
    Address: Edifício Ninho de Empresas, Estrada da Penha, 8005-131 Faro
    Telephone: 289 823 135
    Email: cimaal@mail.telepac.pt
    Website: http://www.consumidoronline.pt/
  • Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
    Address: Av. Fernão Magalhães, nº 240, 1st – 3000-172 Coimbra
    Telephone: 239 821 690/289
    Email: geral@centrodearbitragemdecoimbra.com
    Website: http://www.centrodearbitragemdecoimbra.com
  • Centro de Arbitragem de Conflitos de Consumo de Lisboa
    Address: Rua dos Douradores, 116, 2nd – 1100-207 Lisbon
    Telephone: 218 807 000 / 218807030
    Email: director@centroarbitragemlisboa.pt
    Website: www.centroarbitragemlisboa.pt
  • Centro de Informação de Consumo e Arbitragem do Porto
    Address: Rua Damião de Góis, 31 – Loja 6 – 4050-225 Porto
    Telephone: 225 508 349 / 225 029 791
    Email: cicap@mail.telepac.pt
    Website: www.cicap.pt
  • Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
    Address: Rua Capitão Alfredo Guimarães, nº 1, 4800-019, Guimarães
    Telephone: 253 422 410
    Email: triave@gmail.com
    Website: www.triave.pt
  • Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) de Braga
    Address: Rua D. Afonso Henriques, nº 1 (Edifício Junta de Freguesia da Sé), 4700-030, Braga
    Telephone: 253 617 604
    Email: geral@ciab.pt
    Website: www.ciab.pt
  • Centro de Arbitragem de Conflitos de Consumo de Viana do Castelo
    Address: Av. Rocha Paris, nº 103 (Edifício Vila Rosa), 4900-394, Viana do Castelo
    Telephone: 258 809 335
    Email: ciab.viana@cm-viana-castelo.pt
    Website: www.ciab.pt
  • Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
    Address: Rua Direita, 27 – 1st Floor, 9050-405 Funchal
    Telephone: 291 750 330
    Email: centroarbitragem.sras@gov-madeira.pt
  • The European Online Dispute Resolution Platform is provided by the European Commission to make online shopping safer and fairer, through access to quality dispute resolution tools.
    Link to the platform: https://ec.europa.eu/consumers/odr
  • Governing Law
    The parties agree that their relations shall be governed exclusively by these Terms and Conditions and the information available on the site. In the event of any omission of any condition, it shall be deemed governed by the customs and practices prevailing in distance selling, in accordance with the provisions of the Code of Ethics and Fair Practices of AMD – Associação Portuguesa de Marketing Direto and other applicable legislation. All products sold in the BYMS Online Store comply with Portuguese law.

Section 23 - Contact Information

These are the Terms of Service that govern the relationship between BYMS and its Customers. By using the BYMS website and Online Store, the Customer agrees to comply with and abide by these terms. If you have any questions or need further information, please contact us via email at hello@bymsbrand.com.

BYMS is committed to making every effort to ensure customer satisfaction and to provide a safe and pleasant shopping experience. We appreciate the trust placed in us and are available to clarify any additional questions.

We hope that your shopping experience with us is enjoyable and that our products add meaning to your life. We appreciate your preference and are at your disposal for any further assistance.

Thank you for choosing BYMS!