These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.nelly.com/eu and related pages, (the “Website”). The agreement is concluded between you and Nelly NLY AB, company reg. no. SE556653882201 (”NLY”). Detailed contact information and other information about Nelly are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
The Customer must be minimum 18 years old to order via the Website. Nelly does not, in accordance with Swedish law, accept any credit purchases to persons below 18 years of age. Nelly reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
Nelly shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Nelly is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Nelly will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Nelly continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the amount of products the Customer will receive or the exact appearance, function or origin of the product. Nelly is not responsible for any information by third parties provided for on the Website.
NLY also reserves the right regarding sold out items and any pictorial and typographical errors on the Site, such as errors in product description or technical specification, incorrect prices and price adjustments (such as changes in prices from suppliers or currency fluctuations) or incorrect information regarding whether an item is in stock. NLY is entitled to correct any such errors and to change or update the information at any time. If an incorrect price has been indicated for a product that you have ordered, NLY will of course notify you of this and await your approval of the corrected price before NLY proceeds with the order. All pictorial information on the Site is for illustrative purposes only. Such illustrations cannot be guaranteed to represent the number of items You receive or the exact appearance, features or origin of the item.
The Website and all its content is owned by Nelly or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Nelly.
2. CONTRACTS AND ORDERS
A purchase agreement is concluded when Nelly has confirmed the Customer’s order and the Customer has received an order confirmation from Nelly via e-mail. Nelly encourages the Customer to save the order confirmation for any future contacts with NLY’s customer service regarding the order. The Customer is entitled to cancel its order up until it has been confirmed by Nelly. If the order is cancelled, Nelly will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
3. CUSTOMER DATA ETC.
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Nelly without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.
If Nelly suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Nelly is entitled to block the Customer’s access to its user account. Nelly is furthermore entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
The prices stated on the Website apply to orders placed on the Website. All prices are presented in GBP and do not include VAT. The prices do not include payment- and shipping fees, which are given separately.
The Customer can pay for its purchase in the manner specified on the Website. Read more about our different payment options and discounts here. Nelly is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Nelly. Upon invoicing or partial payment, Nelly or its partners may obtain a third party credit report. In such a case you will be informed accordingly. Nelly reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
5. SPECIAL OFFERS
Nelly may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by Nelly in connection therewith. Nelly reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. DELIVERY AND SHIPPING
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after Nelly has confirmed the order in writing through the order confirmation. Further information about NLY’s delivery of products and the conditions for delivery are set forth here.
The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. Nelly is entitled to charge the Customer a fee of £19.95 if the package is not retrieved. Please note that you are responsible for providing correct information before confirming your order, such as delivery address and notification phone number.
7. RIGHT OF WITHDRAWAL
When purchasing products on the Website the Customer has a 14 day withdrawal period in accordance with applicable consumer protection legislation. This means that the Customer has the right to cancel any purchase by notifying Nelly accordingly within 14 days from when the Customer or its representative received the product ordered (withdrawal period).
The right of withdrawal does not apply to the following kind of products:
products made to the Customer’s specification or which otherwise has been given a clear personalised character;
products with broken seals which may not be returned due to health protection or hygiene reasons (e.g. underwear, cosmetics, swimwear, blow dryers and similar products, razors, electrical tooth brushes, scales, electric pads and foot baths) or
audio- or image recordings (e.g. CD-records) or computer software which were unsealed after delivery
By accepting the General Conditions, the Customer acknowledges and agrees that the right of withdrawal is not valid for any digital content delivered otherwise than by a tangible medium.
In connection with ordering a product for which the right of withdrawal does not apply, the Customer will receive clear information. If a product has been sealed, the Customer may not break the seal if the Customer wishes to utilize its right of withdrawal. The right of withdrawal ceases accordingly when the Customer breaks the seal. A seal shall also include any technical seal (e.g. serial number).
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Nelly in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the National Board for Consumer Policies.
If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Nelly was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to Nelly in accordance with the methods and directions set forth on the Website which you can find here. Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer. If you require more information on this, please promptly contact our customer support team.
Nelly may at time offer returns free of charge for certain products. If return free of charge is applicable, this is set forth on the applicable page for the product on the Website.
When the Customer withdraws its purchase, Nelly will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Nelly are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Nelly is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
Nelly will pay back the amount without undue delay, however, no later than within 14 days from the date Nelly received the Customer notification of withdrawal. However, Nelly may delay repayment until Nelly has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
Nelly FAIR USE. As our customer, you have the right to be able to order products, try them at home and return products that don't fit. Unfortunately, we have discovered that there is unsustainable return behavior and/or attempted fraud from a small percentage of customers, which is both bad for the environment and expensive to manage. NLY has the right to refuse an order and has no obligation to enter into a contract of sale. A contract is only concluded when we have confirmed an order by sending an email with an order confirmation and a receipt. Examples of behaviors that may be considered in breach of the Fair Use Policy and lead to suspension of purchases:
- Multiple orders of goods where all or almost all are returned.
- suspicion that goods are systematically returned after use, or other forms of misleading/fraudulent behavior
When discovering this type of behavior, we have the right to suspend a customer from purchasing from our websites. The suspension is not limited in time. A suspension does not happen randomly, and not in individual cases/occasions. The assessment for suspension from purchases is based on several factors in the customer's behavior, such as: number of purchases, number of returns, order and return composition, use/abuse of free delivery and returns, delayed returns and allegedly missing goods/returns/deliveries. Even behavior that is perceived as threatening to staff and customer service at NLY in, for example, customer service contacts can be assessed as grounds for suspension. The decision to suspend refers to the individual; it is not permitted to circumvent the decision by trading via another person or another customer account. The Fair Use policy may prevent you from entering into new agreements with NLY, but if you have already entered into a binding agreement with us, you are always entitled to a 14-day right of withdrawal in accordance with current consumer protection legislation. If you have been excluded from purchase and wish us to reconsider the assessment, you are welcome to contact us at firstname.lastname@example.org
8. WARRANTY AND COMPLAINTS
Some of NLY’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
The right to file a complaint apply to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Nelly, as soon as possible after the defect was discovered, using the contact information set forth on the Website.
Nelly will carry the cost for the return freight for any approved complaints.
Once a product, for which a complaint has been filed, is returned and the complaint approved, Nelly will refund the Customer in compliance with applicable consumer protection legislation. Nelly strives to do so within 30 days from receipt of the complaint by Nelly, but it may be delayed depending on the nature of the product. Nelly reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective. Upon complaints Nelly complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other European countries. Upon complaints Nelly complies with the guidelines provided by the National Board for Consumer Complaints or the corresponding authorities in other European countries.
10. FORCE MAJEURE
Nelly is not liable for any delays caused by circumstances beyond NLY’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Nelly shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Nelly are entitled to terminate the purchase with immediate effect.
11. CHANGES TO THE GENERAL CONDITIONS
Nelly reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Nelly has informed the Customer of the changes. However, Nelly recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
13. APPLICABLE LAW AND DISPUTE RESOLUTIONS
Any disputes shall primarily be settled by agreement after discussions with NLY’s customer services.
If a dispute cannot be resolved through discussion with Nelly's customer service, you, as the customer, can directly submit complaints online via the EU-commissions platform mediation for disputes, which can be found at the following link here. If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement. In any dispute, Nelly follows the decision of ARN or the respective Dispute Settlement Body.
Disputes concerning the interpretation or application of these General Terms shall be settled as determined under item 13.2, above, or ultimately by the courts.
These conditions were established by Nelly on 2018 - 25 - 05
PLEASE NOTE! Nothing in these General Conditions affects a Customer’s mandatory statutory rights under applicable local laws, to the extent that such rights apply to such Customer and cannot be limited or excluded.