Terms and Conditions of BENY.co

Introduction
These Terms govern
the use of this Website, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this
document.
The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Sellers shall always
prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply
only residually and in accordance with applicable provisions in such agreements or contracts.

This Website is provided by:
DesignStudio Network, Inc.
Owner contact email: management@corp.designstudio.com

‍

What the User should know at a glance

‍
Please note that some provisions in these Terms may only apply to certain categories of
Users. In particular, certain provisions may only apply to Consumers or to those Users that
do not qualify as Consumers. Such limitations are always explicitly mentioned within each
affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of this Website and the Service is age-restricted, as detailed in the relevant section
of this document.

The right of withdrawal only applies to European Consumers.

How this Website works

Intermediation
This Website merely allows Users to connect to and interact with third parties. The Owner
therefore is not directly involved in any such interaction nor does it intermediate, participate in or
benefit economically from any contract or transaction which occurs as a consequence of such
interactions.

By accepting the Terms, Users fully and unconditionally release and forever discharge the
Owner, its officers, directors, employees and agents from any and all claims, demands and
damages (actual or consequential, direct or indirect), whether now known or unknown, of every
kind and nature relating to, arising out of or in any way connected with:

• disputes between Users, or any other person or entity,
• the Products’ use, including, without limitation, any and all claims that such use violates any
  of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,”
  or rights of attribution and integrity, or
• Users’ activity on this Website, including, but not limited to, Users’ legal capacity, ability to
  complete a transaction, or pay the associated costs.

User acknowledges and agrees that
the Owner has no control over, and shall have no liability for any damages resulting from,
the use or misuse by any other person or entity of any Products.

If the Owner becomes aware of any Products that allegedly may not conform to the Terms,
the Owner may investigate the allegation and determine in its sole discretion whether to
take action in accordance with the Terms. The Owner has no liability or responsibility to
Users for performance or nonperformance of such activities. The Owner has the absolute
right to remove and/or delete without notice any Products within its control that it deems
objectionable. Users consent to such removal and/or deletion and waive any claim against
the Owner for such removal and/or deletion. The Owner is not responsible or liable for
failure to store posted content or other materials Users may transmit through this Website.

Users shall take measures to preserve copies of any data, material, content or information
such User posts on this Website. Any identity verification methods the Owner employs is
strictly on a best efforts basis and shall not be relied upon by Users.

The Service of this Website is provided at no monetary cost to Buyers. Products offered by the
Owner or by Sellers via this Website are marked as such.

Without prejudice to its role as a mere technical intermediary as described above, the Owner
may provide additional services to either party of such interaction, such as providing packaging,
shipping or facilitating dispute resolution.

This Website merely serves as a technical infrastructure or platform to allow Users to interact
with each other. The Owner therefore is not directly involved in any such interactions between
Users.

These Terms only apply to the described usage of this Website as a platform.

Terms, conditions and any other provision applying specifically to transactions between Buyers
and Sellers are specified by each Seller.

‍

TERMS OF USE

‍
Unless otherwise specified, the terms of use detailed in this section apply generally when using
this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such
cases are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users must be older than 18;

‍

Account registration

‍
To use the Service Users must register or create a User account, providing all required data or
information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason,
Users are also required to choose passwords that meet the highest standards of strength
permitted by this Website.

By registering, Users agree to be fully responsible for all activities that occur under their
username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details
indicated in this document, if they think their personal information, including but not limited to
User accounts, access credentials or personal data, have been violated, unduly disclosed or
stolen.

‍

Account termination

‍
Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

‍

Account suspension and deletion

‍
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without
notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for
compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt
the User from paying any applicable fees or prices.

‍

Content on this Website

‍
Unless where otherwise specified or clearly recognizable, all content available on this Website is
owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website
infringes no applicable legal provisions or third-party rights. However, it may not always be
possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users
are kindly asked to preferably report related complaints using the contact details provided in this
document.

‍

Rights regarding content on this Website - All rights reserved

‍
The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the
proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set
forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign
to third parties or create derivative works from the content available on this Website, nor allow
any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some
content available through this Website for its sole personal and non-commercial use and
provided that the copyright attributions and all the other attributions requested by the Owner are
correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

‍

Content provided by Users

‍
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and
that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms
which detail the acceptable uses.

‍

Rights regarding content provided by Users

‍
Users acknowledge and accept that by providing their own content on this Website they grant
the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely
for the operation and maintenance of this Website as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with
content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is
provided subject to the same general conditions set forth for content on this Website.

‍

Liability for provided content

‍
Users are solely liable for any content they upload, post, share, or provide through this Website.
Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own
discretion and, without prior notice, to deny the uploading User access to this Website:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or
  applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Website,
  may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such
content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage
suffered due to content they provided to or provided through this Website.

Access to provided content
Content that Users provide to this Website is made available according to the criteria outlined
within this section.

Publicly available content
Content meant for public availability shall be automatically made public on this Website upon
upload or, at the sole discretion of the Owner, at a later stage.
Any personal data, identifier or any other information that Users upload in connection with such
content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the
published content.

Private content
Private content provided by Users shall stay private and will not be shared with any third parties
or accessed by the Owner without the User’s explicit consent.

Content for determined audiences
Content meant to be made available to specific audiences may only be shared with such third
parties as determined by Users.
Any personal data, identifier or any other information Users upload in connection with such
content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the
content.
Users may (and are encouraged to) check on this Website to find details of who can access the
content they provide.

Access to external resources
Through this Website Users may have access to external resources provided by third parties.
Users acknowledge and accept that the Owner has no control over such resources and is
therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to
any possible grant of rights in content, result from each such third parties’ terms and conditions
or, in the absence of those, applicable statutory law.

How to file a takedown notice (called a “DMCA notice”)
If copyright holders or their agents believe that any content on this Website infringes upon their
copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an
  exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple
  copyrighted works at a single online site are covered by a single notification, a
  representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing
  activity and that is to be removed or access to which is to be disabled and information
  reasonably sufficient to permit the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the notifying party, such as
  an address, telephone number, and, if available, an electronic mail;
• A statement that the notifying party has a good faith belief that use of the material in the
  manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury,
  that the notifying party is authorized to act on behalf of the owner of an exclusive right that
  is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA
notice.

Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the
following address:
legal@beny.co

Acceptable use
This Website and the Service may only be used within the scope of what they are provided for,
under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service
violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its
legitimate interests including by denying Users access to this Website or the Service,
terminating contracts, reporting any misconduct performed through this Website or the
Service to the competent authorities – such as judicial or administrative authorities –
whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Provision of personal data
To access or receive some of the Products provided via this Website as part of the Service,
Users may be required to provide their personal data as indicated on this Website.

Paid Products
Some of the Products provided on this Website, as part of the Service, are provided on the basis
of payment.
The fees, duration and conditions applicable to the purchase of such Products are described
below and in the dedicated sections of this Website.

Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this
Website and are subject to change without notice.
While Products on this Website are presented with the greatest accuracy technically possible,
representation on this Website through any means (including, as the case may be, graphic
material, images, colors, sounds) is for reference only and implies no warranty as to the
characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing
process.
The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place
  the order by submitting it.

Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the
User the obligation to pay the price, taxes and possible further fees and expenses, as
specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of
personal information or data, specifications or special wishes, the order submission creates
an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has
been received.
All notifications related to the described purchasing process shall be sent to the email address
provided by the User for such purposes.

Prices
Users are informed during the purchasing process and before order submission, about any fees,
taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the
section the User is browsing.

Methods of payment
Information related to accepted payment methods is made available during the purchasing
process.
Some payment methods may only be available subject to additional conditions or fees. In such
cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website
does not collect any payment information – such as credit card details – but only receives a
notification once the payment has been successfully completed. The User may read the privacy
policy of this Website to learn more about the data processing and Users’ rights regarding their
data.
If a payment through the available methods fails or is refused by the payment service provider,
the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is
refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall
not become the User’s property.

Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the
order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without
undue delay, using the contact details provided in this document or as described in the delivery
note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this
Website.
Delivery times are specified on this Website or during the purchasing process.

Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness
in the execution of the purchase order by the User, nor for any damages or delays after
handover to any carrier arranged by the User and not offered or recommended by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the goods
will be returned to the Owner, who will contact the User to schedule a second delivery attempt or
to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s
expense.

‍