Terms and conditions Steff Nickolson online-store

1.     INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of products through such website (hereinafter, the "Terms"). Please read through these Terms prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website. These Terms may be amended. It is your responsibility to regularly read through them, as the Terms in force at the time that your use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

2.     OUR DETAILS

This website is operated under the Steff Nickolson eShop name by Steff Nickolson, s.r.o., a Czech Republic company with registered office at Mariánskolázeňská 698/37, 360 01 Karlovy Vary, Czech Republic, registered with the Companies Register of C 26014 at Plsen Regional Court, with VAT No. CZ 266 84 772.

3.     YOUR DETAILS AND VISITS TO THIS WEB PAGE

The information or personal details that you provide us with shall be processed pursuant to the Privacy Statement. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

4.     USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

1. To use the website exclusively to make legitimate enquiries or orders.

2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.

3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement).

If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

5.     SERVICE AVAILABILITY

Items offered over this website are only available for delivery to the following countries: Germany, Austria and Slovakia. 

6.     HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Order Confirmation"). The contract for the purchase of a product between us ("Contract") will only be formed when we send you the Order Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.

7.     AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.

8.     REFUSAL

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.

9.     DELIVERY

Subject to availability, (see Clause 7 above) and unless there are any exceptional circumstances, we will endeavour to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, then within 30 days of the date of the Acknowledgment of Receipt, unless there are exceptional circumstances. Reasons for delay could include:

1.      Customisation of products;

2.      Specialist item;

3.      Unforeseen circumstances; or

4.      Delivery area.

If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays. Please ensure that products ordered can fit into your home, the areas for which it is intended or location for delivery. If the product(s) do not so fit, you can still accept delivery or you can return the products, but any return will be at your own cost (see further our Returns Policy). For the purpose of these Terms "delivery" or "delivered" shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address.

10.   UNABLE TO DELIVER

If we are unable to deliver, we will try to find a safe secure place to leave your parcel. If we cannot find a safe and secure place, your product(s) will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day. However, we might have to charge you for the storage and redelivery of the product(s). Such costs are set out in our Delivery Costs Guide. Upon lapse of 30 days of the moment when your order is ready for delivery, without such order having been delivered on grounds not attributable to us, we may understand that you wish to cancel the Contract and it may be treated as terminated. Should we deem the Contract terminated, we will refund the price paid for such products as soon as possible and anyway within 30 days of the date on which we shall deem the Contract terminated. In such cases, we shall be authorized to pass on you any delivery costs and costs incurred in the termination of the Contract. This clause shall not apply to the virtual gift card for which the delivery shall be governed by the Use Conditions of the Gift Card and the above clause 9.

11.   RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 9), whichever is the later.

12.   PRICE AND PAYMENT

The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund. We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price. The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go the checkout process and make payment. To do this:

1. Click the "Basket" button at the top of the page.

2. Click on "Go to Basket".

3. Click on "Process order".

4. Fill in or check your contact details, the details of your order, the delivery address and the invoicing address.

5. Enter the details of your card.

6. Click "Authorise payment"

Payment can be made by Visa, Mastercard and American Express card. To minimise the possibility of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. The charge will be made the moment we confirm the order. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you. 

13.   VALUE ADDED TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).

14.   RETURNS POLICY

14.1 Statutory right to cancel your purchase

Under applicable regulations, if you are contracting as a consumer, you may cancel the Contract (except where the subject matter of such Contract is any of the products in respect of which the cancellation right is exempted as listed in Clause 14.3 below) at any time within seven working days of the date of delivery. In such case, you will be reimbursed the price paid for such products. Direct costs incurred in the return of such products will be borne by you. You may provide evidence of the right of cancellation through any of the means provided by law, and in any event, such right shall be deemed to have been validly exercised by sending the returns form that we provide you with (hereinafter, the "Returns Form") or by returning the products. This provision does not affect your statutory rights.

14.2 Contractual right to cancel your purchase

In addition to the statutory right of cancellation of consumers and users referred to in Clause 14.1 above, we grant you a 30 day period, beginning on the date you receive the products, to proceed to any return of products (except for those referred to in Clause 14.3 below, regarding which the cancellation right is exempted). Direct costs incurred in the return of such products will be borne by you. You shall exercise your right of cancellation by sending the Returns Form we provide you with or by returning the products. 

14.3 Common provisions

You may not cancel the Contract whose subject matter is the supply of any of the following products:

1. Customised items.

2. Items; whose original wrapping has been removed.

If you wish to cancel the Contract within the periods specified above, you should inform us by contacting us via our web form or return the product to us at the address in the RETURNS FORM. Please send the product back to us (at your own risk) as soon as possible together with a fully completed RETURNS FORM that you will receive on delivery with the product, to the address indicated in the form. You will be responsible for the cost of returning the product to us in this manner and present with your returned product a fully completed RETURNS FORM (that you will have received on delivery of the product). Where possible, please use or include with the product being returned, all original boxes, instructions/documents and wrappings. We will process your refund as soon as possible (and in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund any money received from you to the credit card originally used by you to pay for your purchase. However, you will be responsible for the cost and risk of returning the item to us, as outlined above. You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product´s instructions, documents and wrappings when returning the product, the product being damaged. 

14.4 Returns of defective products

In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage. You should return the product to us at the address indicated on the RETURNS FORM that you will receive with the product on delivery. We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product. Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase. This clause does not affect your statutory rights.

15.   LIABILITY AND DISCLAIMERS

Unless otherwise stated in these Terms, our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability:

1. For death or personal injury caused by our negligence;

2. For fraud or fraudulent misrepresentation; or

3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

1. loss of income or revenue;

2. loss of business;

3. loss of profits or contracts;

4. loss of anticipated savings;

5. loss of data; and

6. waste of management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is"and without warranties express, implied or otherwise howsoever arising. We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products available on this website. Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

16.   INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

17.   VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

18.   LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

19.   WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

20.   NOTICES

All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in Clause 19 we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

21.   TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

22.   EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

5. Impossibility of the use of public or private telecommunications networks.

6. The acts, decrees, legislation, regulations or restrictions of any government.

7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

23.   WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

24.   SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25.   ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

26.   OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

27.   LAW AND JURISDICTION

We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of products through such website will be governed by Сzech Republic law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Czech Republic courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.

28.   FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us at the e-mail address info@steff-nickolson.com.