Terms & Conditions
1. Identification of the Seller
Calyah ApS, reg. CVR 40506373, and its EU VAT No. DK40506373, is a Danish limited company with headquarter at Borgergade 30, 1260 Copenhagen, Denmark. Its phone number is +4565748186 and its email address is : [email protected]
2. Scope of Application and Acceptance of the General Terms and Conditions of Sale
2.1 The purchase of any Products offered on the www.calyah.com website (hereafter known as the “Website”) and/or by phone is subject to these general terms and conditions of sale (“Terms and Conditions of Sale”).
2.2. Calyah are exclusively intended to be sold to end consumers for their personal use, with the exclusion of all re-sellers or intermediaries acting on behalf of resellers. Consequently, you agree and warrant that you are acting as an end consumer and that you will not, directly or indirectly, resell Calyah products purchased on the Website and/or by phone, for commercial purposes. Should you be interested in re-selling Calyah products, kindly contact us us for Professional sales inquiries.
2.3 Calyah ApS may update these Terms and Conditions of Sale at any time. You can view the applicable version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labelled “Terms and conditions”. The sales agreement between you and Calyah ApS will include the conditions of your order and the Terms and Conditions of Sale applicable at the time of your purchase, which apply to the exclusion of any other terms and conditions or any terms implied by trade, customer, practice or course of dealing.
2.4 For each purchase of Products, you will be requested to confirm your acceptance of the current Terms and Conditions of Sale applicable at the date of your order. The said terms and conditions may be viewed prior to and at the moment when you are prompted to confirm that you accept them. To indicate your acceptance, you will need to check the box “I accept the General Terms and Conditions of Sale and consent to the processing of my data, in accordance with Calyah’s Privacy Policy”. You can view the applicable version of the Privacy Policy at any time by clicking on the hyperlink labelled “Privacy”.
3. Ordering
3. 1 www.calyah.com is open 24 hours a day. The website might temporarily be down for maintenance. You must be 18 years old and have a valid credit card to shop on our website. If you are not yet 18 years old, you can have an adult make the order for you. An order is not binding on Calyah before full payment for the Products ordered has been duly received, unless otherwise explicitly agreed on with the customer.
3.2. Procedure for ordering:
3.2.1. When you have selected the products you would like to order on the products pages, click “add to shopping bag”. In the shopping bag click on the “Proceed to checkout” button at the bottom of the page when desired products are in the shopping cart.
3.2.2. Continue through the checkout process, and fill in your details; name, shipping address etc. You can check the products and total amount during check out. Click “Proceed to order review” when you have filled in all the information.
3.2.3. When you have entered your credit card information and clicked on the “Complete payment” button, you have made a binding offer for the purchase of the items you have chosen.
3.2.4. At this stage your order is still subject to our acceptance. When we have accepted your order, we will obtain an authorization from your credit card company for the amount on the order. We are not withdrawing money from your card at this stage (made to order products will be withdrawn immediately to begin the production), but the amount might be reserved on your account. This is a normal process with banks and credit card companies. If your credit card is not authorized, your order will not be processed further.
3.2.5. Directly after you have placed your order, you will receive a confirmation e-mail including the terms and conditions for your order.
3.3. Secure Payment
All prices are listed including Danish VAT.
We accept all major credit cards, such as Visa, MasterCard.
No credit card fees are charged by us. Please note that it is not possible for us to charge a higher amount than the one approved by you.
4. Customs, import duties and VAT
4.1 If your delivery country charges customs or import duties – these will be charged once the
package reaches the destination country. You will have to pay these charges. This also applies to the purchase of gifts or other purchases made on behalf of another recipient. Unfortunately, we have no control over customs and import charges and we cannot inform you how much they will be before you order. Customs policies vary widely from country to country. Please contact your local customs office for further information.
4.2. If you order for shipment outside of EU, the Danish VAT(25%) is automatically deducted in the shopping basket. Please note that local VAT and customs duties will apply upon receiving your package.
4.3. Company order within the EU: If you have a valid VAT number, we can reimburse the Danish VAT(25%). Please pay the full amount upon checkout, and reply to the e-mail with the order confirmation, and send us your company VAT number. As soon as your EU VAT Number has been confirmed, the amount for the VAT will be refunded to the credit card you paid with.
5. Delivery
5.1. We ship worldwide. The shipping charge depends on your delivery country and your purchase amount. The delivery times for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.
5.2. If your items are in stock your order is normally shipped from our warehouse within 1-2 business days from receiving your order. Our products are shipped with a carrier, specialized in the delivery of furniture items. When your order is placed, we will inform you of an indicative delivery time. When your order is packed and, on its way,, you will received an email from our carrier, enabling you to track and trace your delivery.
5.3. Please note that local customs and VAT will be charged when shipping outside the EU.
6. Cancellation
6.1 You can cancel your order if it has not yet been shipped from our warehouse. Normally orders are sent 1-2 business days after you place the order. Contact us and we will help you.
6.2. If your order has been shipped from our warehouse you can not cancel your order. The order will be shipped to you, and you will have to handle it as normal return. Please see details in our return policy.
6.3. Made to order products can not be cancelled. Once payment has been made for made to order products, the order and payment are legally binding, and the order cannot be cancelled for a refund. The made to order products are specially made according to your specifications of color, fabric and other style preferences.
6.4. When ordering made to order products you accept that the payment for the order will be withdrawn directly after your order is received. This is done so the production of the product can be started immediately.
7. Order changes
7.1. You can change the shipping address on your order if it has not yet been shipped from our warehouse. Normally orders are sent 1-2 business days after you place the order. Contact us and we will help you.
7.2. If your new shipping address has a different shipping fee, you will have to pay the difference.
7.3. If your order has been sent from our warehouse you cannot change the shipping address or the contents on your order. The order will be sent to the original address, and you will have to handle it as normal return if you have changes. Please see details in our return policy.
8. Tolerances
8.1. Wear and tear due to normal everyday use on upholstery, surfaces etc. are not defective products. We strive to make sure that the color and design of the products in the photographs displayed on the Website match those of the original products,however variations may occur, in particular due to colour display constaints on your computer equipments.
8.2. Any colour samples or samples of wood can only be considered as a guide.
8.3. Calyah ApS is not liable for any discrepancy between the sample and the Order delivered. Variances is not defective products. In the event of queries regaring the products, you may naturally contact our Customer service.
9. Returns
9.1 Return policy
9.1.1 You may change your mind within 14 days of receiving your items. You have to notify us before the 14 days if you want to return your order. Please contact us at customer service if you want to return a product or use the return form.
9.1.2. After you have received the items you ordered, you may carefully examine and try the items within the period of 14 days, but only in a manner as you would if you examined the products in any offline reseller. If the items or packing have been used in excess of what is normal in order to examine them, you will be held liable for the decrease in value of the items the use has caused. 10.1.3 When we have received the items, we will notify you if there is any loss of value of the product and if your refund will be lower than the price paid.
9.1.4 If we accept your return order as valid and the product can be re-sold as new, we will give you a full refund of the purchase price, including the original shipping charges for the items that you return to us. But we do not cover the return shipping cost. The refund will be paid back to the credit card (or method of payment) used to pay for the order within 14 days of receiving the notification of your wish to return the order. However the refund will not be paid before we have received the items at our warehouse.
9.2. Return shipping
9.2.1. The shipping costs for returning an order are not covered by us, and must be paid by you, and must also be arranged by yourself. For larger orders we can arrange for the return, but the shipping charge is still to be paid by you, and is still your responsibility.
9.2.2. The items you want to return are your responsibility until they reach our warehouse. Damage done while returning / shipping the product to our warehouse is your responsibility. Please make sure you pack the return safely to prevent any damage to the products or boxes, as this will affect the value of the product, and thus our possibility to resell the item. Make sure the product’s original packaging is intact. Please keep receipts and tracking numbers as proof of sending the items back.
9.2.3. Please fill out the return form that came with your order. Send it along with the items you wish to return. If you lost the return form, contact us to receive a valid return form.
9.3 Return shipping costs
The return shipment cost must be paid by you and is not covered by Calyah ApS.
10. Damaged or faulty items, legal and commercial guarantees
10.1.Calyah warrants that the Products are free from defects for two (2) years from date of delivery. We want all our customers to receive high quality products. If there is something wrong with the product you have received or if your delivery is not identical to your order (wrong product or if a product is missing), please contact us immediately at the receipt of your order at: [email protected]
If you send us an e-mail, please include as many details as possible including your order number as well as some pictures if there is something wrong with one of the products.
10.2. You are entitled to give notice of defects for a period of 24 months. If something is wrong with the product, your claim should be sent to us as soon as possible from the time that you notice the problem.
10.3. You can either have a new product sent, a discount or return the product for a refund. This will be decided from case to case. Accordingly, the provisions on defects in the Danish Sales Act apply. If you send back damaged or faulty items please fill out the return form that came with your order. Send it along with the items you wish to return. If you lost the return form, contact us to receive a valid return form.
10.4. If your claim is valid, we will of course cover your shipping expenses for returning the item to us. Please provide us with documentation for your expenses.
10.5. The items are your responsibility until they reach our warehouse. Please ensure you pack the return safely to prevent (any further) damage to the products or boxes. And please keep receipts and tracking codes as a proof of sending the items back.
11. Refunds
11.1. If we accept your return order as valid and the product can be re-sold as new, we will give you a full refund of the purchase price, including the original shipping charges for the items that you return to us. But we do not cover the return shipping cost.
11.2. The refund will be paid back to the credit card (or method of payment) used to pay for the order within 14 days of receiving the notification of your wish to return the order. However, we reserve the right to withhold the refund we have received and inspected the items at our warehouse.
11.3. Please note that a full refund cannot be given if:
a. You have actually used the products for its purpose, for example, used furniture to the extent where it has been marked and worn.
b. The item has been damaged while it was in your custody (e.g. during transportation)
c. You have handled the items in other ways than you normally would in a store for examining the nature of the type of item and its features.
d. The item you have returned is a product that is made to order, specially made according to your specifications of color, fabric and other style preferences.
12. Intellectual Property Rights
A purchase of Products does not constitute a transfer of ownership or license to use in any intellectual property rights related or pertaining to the Products, including copyright and pattern rights, to the customer.
13. Copyright and rights of use
The content provided by the design company Calyah is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
14. Force Majeure
Force majeure events such as breakdowns, strikes, pandemics, or other disruptive influences beyond Calyah’s control, or that of Hem’s suppliers, release Calyah from its delivery commitments and any other obligations in relation to the customer for the duration of the disruptive influence and of the consequences thereof.
15. Disclosure
Agreements (purchase orders) can be concluded in English and are kept by the company for 5 years, in accordance with the Accounting Act.
16. Governing Law – Disputes
16.1. If you want to file a complaint about items bought at calyah.com, you can contact
Konkurrence- og Forbrugerstyrelsens Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby. You can file your complaint at www.forbrug.dk
16.2. You can also contact Online Dispute Resolution provided by the European Commission. This is relevant for customers within the EU. You can file your complaint at http://ec.europa.eu/odr. When filing your complaint you must state our customer service email : [email protected]