General Policy Disclaimer: The material below is provided for informational purposes only and does not constitute advertising, solicitation or legal advice.

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OVERVIEW

Welcome to ByHolm! The terms “we”, “us” and “our” refer to ByHolm. ByHolm operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). ByHolm is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you have reached at least the age of majority in the state or province in which you reside and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.

To use the Services, including visiting or browsing our online store or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information and shipping details. You represent and warrant that all information you provide through our store is accurate, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account login credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours and the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to how they are depicted or presented in our online stores.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographical region or jurisdiction on a product-by-product basis.

SECTION 3 – ORDERS

When you place an order, this constitutes an offer by you to complete a purchase. ByHolm reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until [MERCHANT] confirms its acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as ByHolm may not be able to accommodate cancellation requests after an order has been accepted.

If we reject, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

Your purchases are eligible for return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are intended solely for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions relating to the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotional terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card number and expiry date, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1. The credit card information you provide is true, accurate and complete.

2. You are duly authorised to use the credit card for the purchase.

3. The charges you incur will be honoured by your credit card provider.

4. You will pay all charges incurred at the stated prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delivery delays. All delivery times are estimates only and cannot be guaranteed.

We are not responsible for delays caused by delivery companies, customs processing or events beyond our control. Once we have handed the products over to the carrier, ownership and the risk of damage pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, video and audio, together with their design, selection and arrangement, are owned by ByHolm, its affiliates or licensors and are protected by US and international patent, copyright and other intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Except as expressly stated herein, nothing in these Terms grants, or should be interpreted as granting, you any licence or other right under any patent, trademark, copyright or other intellectual property belonging to ByHolm, Shopify or any other provider. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by ByHolm.

The ByHolm name, logos, product and service names, designs and slogans are trademarks belonging to ByHolm or its affiliates or licensors. You may not use these trademarks without prior written permission from ByHolm.

The Shopify name, logo, product and service names, designs and slogans are trademarks belonging to Shopify. All other names, logos, product and service names, designs and slogans appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be given access to customer tools provided by third parties that we do not monitor, control or contribute to.

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 endorsement. We accept no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms under which the relevant third-party provider or providers offer the tools.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to visit. If you choose to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damage connected with your access to a third-party website or your purchase or use of any products, services, resources or content available through a third-party website.

Carefully review the third party’s policies and practices and make sure that you understand them before completing any transaction. Complaints, claims, concerns or questions relating to third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

ByHolm is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store take place directly with ByHolm.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and ByHolm, including any injury, damage or loss resulting from the purchase of products or services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with ByHolm.

SECTION 10 – PRIVACY POLICY

All personal information that we provide through the Services is subject to our Privacy Policy, which is available here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which is available here.

By using the Services, you confirm that you have read these privacy policies.

Because Shopify hosts the Services, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for you.

Information that you submit through the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than the country in which you reside, for the purpose of providing services to you.

Please read our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

1. You own or otherwise have all necessary rights to any Feedback.

2. You have disclosed any compensation or incentive received in connection with your Feedback.

3. Your Feedback complies with these Terms.

Under no circumstances are we obligated to:

1. Treat your Feedback as confidential.

2. Pay compensation for your Feedback.

3. Respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, disparaging, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malicious software that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or conceal the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information made available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not, directly or indirectly, access or use the Services:

1. For any unlawful or malicious purpose.

2. To violate any international, federal, provincial, state or local regulations, rules, laws or ordinances.

3. To infringe or violate our intellectual property rights or the intellectual property rights of others.

4. To harass, abuse, insult, harm, defame, disparage, intimidate or injure any of our employees or any other person.

5. To transmit false or misleading information.

6. To send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms.

7. To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation.

8. To impersonate or attempt to impersonate another person or entity.

9. To engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the Services or that, in our judgement, could harm ByHolm, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

1. Upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services.

2. Reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services.

3. Collect or track the personal information of others.

4. Spam, phish, pharm or pretext against the Services.

5. Use robots, spiders, scraping, data-gathering or extraction tools, automated devices or processes, AI tools such as agent-based AI, or automated or manual methods to access the Services.

6. Interfere with, circumvent or override security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1

This section, the “Agent Terms”, applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with any of the Services.

“Agent” means any software or service that takes autonomous or semi-autonomous actions for, or at the direction of, a person or entity and that can operate on or through a person’s device without direct supervision.

14.2

No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements set out in Section 14.4 below.

In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.

14.3

We may restrict, including through technical measures, whether and how an Agent may access, use and interact with the Services.

14.4

Agents must:

1. In all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”.

2. Not conceal or obscure the fact that any access, use or interaction originates from an Agent, including by:

   • Imitating human behaviour or interaction patterns.

   • Completing or circumventing robot filters or measures designed to distinguish computer activity from human activity.

3. Respond truthfully to any questions or instructions intended to determine whether an interaction originates from a human or a computer.

4. Not circumvent or otherwise evade any measure intended to block, restrict, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time and without prior notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination:

• Intellectual Property

• Feedback

• Termination

• Disclaimer of Warranties

• Limitation of Liability

• Indemnification

• Severability

• Waiver and Entire Agreement

• Assignment

• Governing Law

• Privacy Policy

• Any other provisions that, by their nature, should survive termination

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is entirely at your own risk.

We disclaim all liability arising from reliance on such material by you, any other visitor to the Services or anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. ACCORDINGLY, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT.

THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ByHolm, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities and claims, including reasonable legal fees payable to any third party, arising from or relating to:

1. Your breach of these Terms of Service or any documents incorporated into them by reference.

2. Your violation of any law or the rights of a third party.

3. Your access to and use of the Services.

We will notify you of any indemnification claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay.

At your request, we may control the defence and settlement of any such claim, including the selection of legal counsel. However, we will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld.

You will cooperate in the defence of any indemnification claim, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms of Service, and that determination will not affect the validity or enforceability of any remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They replace all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be interpreted against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted delegation, transfer or assignment will be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services to you will be governed by and interpreted in accordance with the laws applicable in the jurisdiction where ByHolm has its registered office.

You and ByHolm consent to the jurisdiction of the courts located in that jurisdiction.

SECTION 23 – HEADINGS

The headings used in this agreement are included solely for convenience and will not limit or otherwise affect these Terms.

SECTION 24 – 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 website.

It is your responsibility to regularly check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after any changes to these Terms of Service have been published constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Contact

If you have any questions about these Terms of Service, please contact us.

ByHolm
Operated by Smashed Bottles AB

Email: info@byholm.se

Company registration number: 559360-1452

VAT registration number: SE559360145201