Terms & Conditions

This website is operated by Crea. Throughout the site, the terms “we”, “us,” and “our” refer to by Crea. by Crea offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Last Updated: August 22, 2024

 

1. Introduction

1.1 Company Information: By Crea, Strömgatan 2, 21225 Malmö, Sweden. Contact us at +4640124344 or info@by-crea.com. by-crea.com (the ‘website’) is owned and operated by CA Development AB, a Swedish retailer registered in Sweden with the company number 5590969571 and VAT number SE559096957101.

1.2 Agreement: By using the By Crea website (by-crea.com) or placing an order for a furniture item, you agree to be bound by the following terms and conditions of sale (the “terms”), which apply to your order to the exclusion of all other terms and conditions, including by Crea’s standard terms and conditions of sale and returns policies. We reserve the right to modify the terms at any time. The updated terms will be displayed on the website, and by continuing to use and access the website to purchase furniture items, you agree to be bound by any changes.

1.3 Product Information: We do not guarantee that the product images on our website are completely accurate representations; colors may vary due to your computer/device screen resolution or settings. For more information about products before making a purchase, please contact our Customer Service team. * All of our products are made in our own factory in Sweden, mostly by hand which makes some of the furniture with differences. * Many materials used in your furniture are naturally occurring, and it is common for the furniture to display characteristics that reflect the lifecycle of these materials. These features are not faults but inherent traits of the chosen material. As a result, the item and finish of the furniture model you see online may vary from the delivered product.

2. Definitions

Customer: Any individual or entity purchasing products from by Crea.
Products:
Furniture and related items available for purchase on our website.
Website:
The online platform (by-crea.com) operated by By Crea.

In these terms and conditions:

2.1 “Agreement” refers to these terms and conditions of sale.
2.2 “Goods” denotes the products/services purchased by you.
2.3
“by Crea,” “we,” “us,” or “our” refers to by Crea (CA Development AB) and, regarding delivery, by Crea or our designated carrier (as notified to you).
2.4 “Installation costs” indicates the installation fee payable to by Crea.
2.5 “Order” signifies your order for the goods.
2.6 “Price” means the cost payable for the goods, inclusive of VAT but excluding additional costs such as delivery, shipping, and storage.
2.7 “Shipping costs” denotes your shipping expenses and/or the shipping administration fee payable to by Crea.
2.8 “You” or “your” refers to the individual who has purchased the goods from by Crea and whose order has been accepted by Crea.

3. Order Process

3.1 Eligibility to order:

– You must be over 18 years of age and:
– Provide your real name, contact information, and payment details when placing an order.
– Provide a delivery address.
– Possess a valid payment method that works on our website.

3.2 How to Place an Order: Customers can place orders by selecting products on our website, adding them to the cart, and completing the checkout process. After placing your order, you will receive an Order Acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.

3.3 Order Confirmation: Order acceptance occurs when we start manufacturing your product(s). If we refuse your order, we will notify you as soon as possible and provide a full refund within 14 days if payment has been made. Once you press the ‘Place Order’ button, you have given us permission to process your order as requested.

4. Pricing and Payment

4.1 Prices: Prices are subject to change without notice and do not include delivery fees. All prices include VAT at the current rate. We strive to ensure accurate pricing on our website, but errors may occur. If there’s a pricing mistake on a product you ordered, our Customer Service team will contact you. You may choose to reconfirm your order at the correct price. However, by Crea is under no obligation to accept or fulfill an order for a product advertised at an incorrect price.

Please note: prices for products on our website may change and offers may be withdrawn at any time.

In case of cancellation or return of products purchased during a promotion or at a discounted price, you will be refunded the amount charged at checkout. Note that our Returns Policy applies to all returns of promotional or discounted products.

4.2 Price Adjustment: If you purchase a product during non-discount periods and find it at a lower price within 30 days, contact customer service at info@by-crea.com to receive a gift card for the price difference.
4.3 Prayment Methods: We accept major credit and debit cards, PayPal, EPS, iDEAL, Sofort, Google Pay, and bank transfers for professional orders.

PAYTHEN – We offer Paythen for flexible payment plans. To use Paythen’s services, you must be at least 18 years old. Paythen will verify the information you provide and assess your financial situation. Additional Paythen Terms and Conditions apply based on your country of residence.

For more information on Python, please visit our FAQs for further information.

You may also visit Paythen Customer Service, the link will take you to a third-party site.

4.3 Payment Terms: Payment is reserved at the time of order. If an order is not accepted, a full refund is processed within 14 days.

5. Delivery and Shipping

Depending on the pieces in your order, items may arrive separately and be delivered through different carriers or delivery services. Information regarding each product and its unique lead time (shipping time frame) can be found on each product page. We will endeavour to deliver your goods within this timeframe but please be aware that we cannot guarantee that delivery date and we do not accept liability for any loss or expense incurred by you if delivery is not made by that estimated date. Once an item is ready to ship, you’ll receive a confirmation email with a tracking number to view the carrier information and transit details.

Delivery Policy: We deliver worldwide, using DHL, PostNord, and Bring for local deliveries. For international deliveries, we use UPS and FedEx.
Shipping Costs: Shipping costs are calculated at checkout.
Delivery Timeframes: Estimated delivery times are 3-11 working days, communicated at the time of dispatch.

-We will not be liable for any delay or failure in performing our obligations under this Agreement due to events beyond our reasonable control, such as war, terrorism, sabotage, civil or military disturbance, natural disasters, pandemics, strikes, lock-outs, import or export embargoes, or the inability to use public or private transport. If such circumstances arise, we will inform you in writing.

Important Delivery Information:
Signature Required: You must be present to sign for the delivery. For some orders, products may require proof of ID upon delivery.
Clear Path: Ensure there is a clear path and enough space for the delivery agent to bring the item inside.
Service Limitations: Not all items include full assembly, trash disposal, or white-glove delivery service.
Delivery Address: Items can only be delivered to the original shipping address provided at checkout.

6. Passing of Property and Risk

6.1 Ownership of the goods will transfer to you once they have been delivered to you or your designated recipient.
6.2 Once the goods are delivered to the specified address, you are responsible for any loss or damage, except if such loss or damage is: (i) caused by our negligence; or (ii) due to a manufacturing defect or design fault.

7. Returns and Refunds

Return Policy: We do not offer a right of return for products that are made to order, as these products are tailored or customized specifically for the customer. This means that the customer cannot cancel the purchase or return the product if it is not defective. Feel free to email us or call us and we will try to find as good a solution as possible if you have received a product that for some reason does not fit in your home or did not meet your expectations.
Cancellation Policy: In some cases, we may allow cancellation within a certain time frame after the order has been placed, but before production has begun. After production has started, cancellation often cannot be done.
Procedure for Returns: Contact us at info@by-crea.com for return instructions. Please examine your goods as soon as reasonably possible after delivery (or after installation, if applicable). Promptly notify us in writing of any errors, damage, or defects that are apparent in the goods or installation so we can address them. Claims may be reduced or rejected if we are not given the opportunity to correct the issues.
Returns: Refunds, minus a 20% restocking fee, are processed within 14 days of receiving the returned item. Refunds are made to the original method of payment less the original shipping fee and return shipping fee. Shipping fees are non-refundable unless the item received is damaged, defective, or incorrect. Please note that, depending on your bank/card issuer, it may take up to 10 working days for your refund to appear in your account.
Exchanges: Exchanges are not available as each piece of furniture and combination is customized according to your specific choices. If you have any questions, please contact our customer service team.
Made-to-Order: Orders for furniture made to your personal specifications outside of our standard options cannot be cancelled once the furniture is in production. This does not affect your statutory rights. For more information, please contact customer service.

8. Warranties and Guarantees

Product Warranties: Products come with a two-year warranty against manufacturing defects.
Warranty Claims: Contact info@by-crea.com with proof of purchase and a description of the issue.
Limitations:Warranties do not cover misuse, abuse, or normal wear and tear.

9. Limitations of Liability

9.1 by Crea is not liable for indirect, incidental, or consequential damages arising from the use of our products or website.
9.2 Our liability to you under this Agreement is limited to losses you suffer as a direct and natural result of our breach or negligence.
9.3 We are not responsible for indirect losses that would not have been contemplated at the time of your order.
9.4 We do not accept liability for loss of profit, revenue, opportunity, or enjoyment.
9.5 We are not liable for business losses. Our products are for domestic and private use only. We will not be liable for any commercial, business, or resale losses.
9.6 Nothing in this Agreement affects your statutory rights or limits our liability for fraud, death, or personal injury caused by our negligence or that of our employees.
9.7 We are not responsible for business losses. Our products are intended for domestic and private use only. If you use the products for commercial, business, or resale purposes, we will not be liable for any loss of profit, business, interruption, or business opportunity.
9.8 Disclaimer of Warranties: We do not guarantee that the website’s content, functions, or server will operate without interruptions, delays, errors, defects, viruses, or bugs, or that it will be compatible with other software or materials. The website is provided “as is,” and accessing it is entirely at your own risk.

10. User Conduct

10.1 Prohibited Activities Customers are prohibited from using the website for unlawful activities, infringing on others’ rights, or disrupting the website.
10.2 Account Responsibility Customers are responsible for maintaining the confidentiality of their account information and for all activities under their account.

11. Intellectual Property

11.1 Ownership All content on the website, including text, images, and logos, is the property of by Crea. Using the website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
11.2 Use of Content Customers may not use, reproduce, or distribute any content from the website without our permission.

12. Privacy Policy

12.1 Data Collection We collect personal data such as name, email, and address for order processing, in compliance with the General Data Protection Regulation (GDPR). For more information, please refer to our Privacy Policy on our website.
12.2 Use of Data Customer data is used to fulfil orders, improve our services, and communicate with customers. Personal data may be passed to Klarna for payment method assessment.
12.3 Third-party Sharing We do not share customer data with third parties, except as necessary to process orders or comply with legal requirements.

13. Governing Law and Dispute Resolution

13.1 Applicable Law These T&Cs are governed by the laws of Denmark.
13.2 Dispute Resolution Any disputes will be resolved through arbitration in Malmö, Sweden, and customers consent to the jurisdiction of Swedish courts.

14. Changes to Terms and Conditions

14.1 Modification Right by Crea reserves the right to change these T&Cs at any time.
14.2 Notification of Changes Changes will be communicated via email or posted on the website. Continued use of the website constitutes acceptance of the new T&Cs.

15. Contact Information

15.1 Support For support or inquiries, contact us at +4640124344 or info@by-crea.com.

16. Miscellaneous

16.1 Severability: If any part of these T&Cs is found to be invalid, the remaining provisions will continue to be in effect.
16.2 Entire Agreement: These T&Cs constitute the entire agreement between By Crea and the customer regarding the use of the website and purchase of products.
16.3 We will only use your personal information as outlined in our Privacy Policy.
16.4 This contract is exclusively between you and us; no other party has the right to enforce any terms.
16.5 If a court finds part of this contract illegal, the rest will remain in effect. Each paragraph operates independently.
16.6 Delays in enforcement do not waive our rights. We can still enforce terms later even if we don’t act immediately.
16.7 These terms are governed by Swedish law. You can bring legal proceedings in the courts of Sweden.