Terms and Conditions

The Terms & Conditions stated herein apply to the sales of all products by BAT EYE, LDA. BAT EYE, LDA is a legal entity registered in Portugal, under Portuguese Law. Hereinafter referred to as BAT EYE.

BAT EYE may modify these Terms and Conditions at any time. By entering into a legal transaction with BAT EYE, the CUSTOMER accept the Terms and Conditions in force at the DATE OF PURCHASE.
The Terms and Conditions are published and updated on BAT EYE official website (www.bateye.com) and on the official Price lists for consultation.
The DATE OF PURCHASE is to be understood as the date that a pre- payment is received by BAT EYE.

1 - PRICING

The prices are EX WORKS, do not include transportation values and fees. Shipping costs are available upon request.

2 - ACCOUNTS & ORDER TERMS

All accounts will be opened as pro-forma. Pro-forma orders will require 50% deposit with the order and the balance prior to shipping from Portugal. All pieces are the property of Bat eye ® until payment in full is received. Bateye ® reserves the right to defer the dispatch date until the balance of the order is received.
The payment should be done by bank transfer (in Euros) and a receipt of the referred transfer should be sent to the e-mail: [email protected]. Pieces are manufactured upon the receipt of the order and deposit. Cancellations will not be accepted after 5 working days from the order issue date. After beginning the production, the value corresponding to the award will not be returned. To place an order, the customer has to provide valid company details such as Billing name, Billing address, VAT number (company registration number or resale number). TAX exemption for EU companies is valid when existing VAT and correspondent Billing address is presented.

3 - LEAD TIMES

All pieces are handmade and therefore require different production times depending on their characteristics. Delivery time is not included. For pieces with custom specifications or orders of large quantities we reserve the right to agree with the customer on a time of delivery.

CONTRACT/HOSPITALITY ORDERS

Bat eye has the ability to customize existing products or new products to meet contract specifications. These orders will necessitate special pricing based on quantity and features. Any date of delivery is an approximation of the date of delivery, not a guarantee of the exact delivery date.

4 - FREIGHT

All products are carefully packed and inspected prior to shipment. The refusal of damaged merchandise does not relieve the Customer of responsibility for the payment of goods.

BAT EYE provides an Ex-works service and is not responsible for any loss or damage in transit. Upon request, BAT EYE may assist clients with transport details but is not responsible for a carrier’s performance. Shall that be the case, delivery of goods is made door-to-door on ground floors only. For exports outside the European Union, shipment will be on a port-to-port basis. It is the Customer’s responsibility to inform BAT EYE of all required documentation for customs clearance, upon Order Confirmation. BAT EYE will assist clients with these documents for an added cost. The Customer will be responsible for all shipping costs, including the cost of insurance for shipping the products.

Risk of loss shall pass to the Customer upon delivery by BAT EYE to the carrier. BAT EYE will provide proper cooperation should the Customer assert a claim against any carrier or insurance company to recover the cost of any product lost in transit. Claims for freight damage must be made within 48 hours of the receipt of goods. Digital photographs of damaged goods and boxes/crates will be required. All damaged crates/packaging shall remain in place until the claim with the carrier is settled. A signed delivery note must be presented upon the claim’s submission.

A signature of receipt by the Customer’s agent or employee constitutes full acceptance of all packages stated on the bill of lading or electronic clipboard in as is condition. BAT EYE is not liable for any delay in shipment for any cause, nor shall any delay entitle the Customer to cancel any order after its shipment.

5- FREIGHT POLICY & DAMAGE CLAIMS

Title passes to the purchaser at the time the goods are picked up by the carrier in Portugal. All products are carefully packed and inspected prior to shipment. The refusal of damaged merchandise in no way relieves the purchaser of responsibility for payment of goods. We are not responsible for loss or damage in transit. Should visible or concealed damage occur in transit, immediately notify the delivering carrier with initial notification of intent to file a claim. Any damage should also be communicated to Bat eye ® during the first 48 hours after receiving the order and photographic evidence of the damages should be sent via e-mail to: [email protected]
In case there will of failure to report damage, it will result in the denial of the claim.

6 - CANCELLATIONS

The Customer’s Order Confirmation is not subject to cancellation, changes or reductions in amount, or suspension of deliveries once the order and down payment have been confirmed.

7 - FINISHING DETAILS AMENDMENTS

Alterations, amendments or any corrections made after issue of the Order Confirmation need to be confirmed in writing by BAT EYE.

8 - PRODUCT

Please note that there may be variations in shade due to the natural derivation of woods, stones, leather and fabric materials. Digital or printed image colours can also diverge slightly from the originals. In the same way, minor size variations within commercial tolerance may occur. It is the Customer’s responsibility to consider these possible variations prior to Order Confirmation.

Each BAT EYE design is handcrafted. While every effort is made to maintain uniformity, slight variations may occur. BAT EYE is free of committing any design improvement without notification. Images on catalogue or website may vary from the final product. The brand works every day to enhance the quality of its products aesthetically, usability and reliability.

9 - CUSTOMER’S DUTIES AND RESPONSIBILITIES

By accepting delivery of any BAT EYE product, the Customer agrees to use that product only for its intended function as furniture, including furniture for resale. The Customer accepts, without limitation, all risk of injury, damage or otherwise arising out of any use other than the intended function of a BAT EYE product.

10 - CLAIMS, RETURNS AND EXCHANGE POLICY

The Customer is not entitled to return products without BAT EYE written approval.
BAT EYE takes all possible measures to ensure orders are shipped and arrive in the best possible condition. In case of damages in the Customer’s location, it is the Customer’s responsibility to keep the packaging, provide all necessary claim materials and prepare the product to be collected.
All defective product must be returned in the original packing material. BAT EYE will only allow the return by the Customer and the replacement of manufacturing defective products. In case of proven manufacturing defect, replacement parts or fixing will be provided free of charge. BAT EYE does not issue cash refunds. Shipping charges are non-refundable. BAT EYE is not responsible for the damages caused by a freight company.
BAT EYE does not accept or praise charge-back, debits, returns, offsets, deductions or claims without our express written consent.
In transport organized by BAT EYE, we advise strongly advises CUSTOMERs to verify firstly if damages are perceptible on the package, and then verify all crates upon delivery in order to check for unconformities in the conditions of the goods.
The original packaging of the products must be kept. In case a claim is submitted, the packaging must be kept during the period in which the claim is settled.
If the collection or return of any item is needed and the original packaging was not kept, the client shall be responsible for all costs and procedures necessary for the item to be in shipping conditions. BAT EYE shall not be liable in any way for the replacement, acquisition, or any other costs related with the replacement of the original boxes or crates.
Damaged products being returned must be in the condition in which they were received by the CUSTOMER. The products must be well accommodated to avoid extra damages. The CUSTOMER must not attempt to modify, handle, install or repair them.

11 - STORAGE

Unless stated otherwise in writing, after Order Completion the Customer is obliged to make the final payment and shipment will take place as soon as there are freighters availability. BAT EYE will not assure storage of any purchased goods. If your order hasn’t been dispatched within 30 days from our first attempt to contact you, you will start to incur storage charges of 1% over the total order amount per month. Plus, if the balance payment hasn’t been completed, you’ll also incur a fee of 1% over the balance payment amount per month. For orders that are held in storage for more than 6 months, we shall be permitted to cancel your order and re- sell the goods. In those circumstances, we shall be permitted to retain the price paid by you in full. Orders will only be released for shipment, after full payment by the customer, of all amounts due in the meantime.

12 - WARRANTY

If you experience any defects in materials or workmanship within the warranty period, BAT EYE LDA will repair or replace the defective product, subject to the following conditions:

Any claim made under this warranty must include a copy of a valid proof of purchase showing the date and place of purchase.
Our obligation under this warranty is to the original purchaser only, and may not be transferred. • Product replacement does not include shipping costs or labor installation costs. • This warranty applies to residential installations only. • BAT EYE LDA reserves the right to examine product in question and its installation prior to replacement. • If an identical replacement product is not available, BAT EYE reserves the right to replace the defective product with a similar product. This warranty relates to defects in manufacture and finishing defects in outdoor furniture • This Guarantee is covered by European laws.

This warranty relates to defects in manufacture, materials or workmanship. It does not extend to: • Damage resulting from failure to maintain the product. • Normal wear and tear, scratches or accidental damage. • Inadequate transport for furniture pieces. • Faults arising from improper use and/or installation. • Defects in accessories All incidental or consequential damages are specifically excluded. No additional warranties, express or implied are given. • For the guarantee to be valid, all transport must be accompanied by a Temperature Breach Indicator + humidity indicator card. The temperature cannot exceed 40 degrees for more than 2 hours and the humidity cannot exceed 30%.
When requesting warranty service, you will need to provide:

an approved Return Merchandise Authorization number issued by Customer Service 2. a dated, valid proof of order, payment and purchase 3. a description of the problem 4. Items must be properly and safely packed in such a manner to prevent damage to the part or product during shipment. For your safety, please ship via insured carrier which employs package tracking. C. Bat eye will not service received items when: 1. The item is inspected and found to be not covered by the warranty. 2. The item is inspected and found to be damaged during shipment due to lack of proper packaging. Return shipment of such products will be at the expense of the customer.

13 - LIABILITY

In no instance will BAT EYE be liable for any breach of these Terms & Conditions that is more than the amount of the Order Confirmation that is the subject of the alleged breach.

14 - FORCE MAJEURE

All Order Confirmations are subject to strikes, labour problems, lockouts, contingencies of transportation, failure of usual source of supply of fuel, shortage of materials, accidents, product delay or any other problems outside of BAT EYE control such as natural disasters. BAT EYE is not responsible for such events and will make every reasonable effort to ship the products once the delay is rectified.

No part of BATEYE design pieces may be reproduced, distributed, or transmitted in any form or by any means, including prototyping, 3D drawings, or other electronic or mechanical methods, without the prior written permission of the brand, except noncommercial uses permitted by copyright law. For permission requests, write to the brand, addressed "Attention: Copy Right permission," at [email protected]