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Terms & conditions

GENERAL TERMS AND CONDITIONS

Welcome to the website of Nanushka.
By purchasing our goods and/or using our services, you accept these General Terms and Conditions (“GTC”). Please read this GTC carefully.

This GTC shall be applied to the contractual relationships entered into on the website and/or in the webshop of Nanushka available at www.nanushka.com,
and to the visit and use of the website and/or the webshop. You expressly agree that you use our website at your sole risk.

1. Nanushka as providing goods and services

Company’s name: Nanushka International Zártkörűen Működő Részvénytársaság (“Nanushka” or “we”)
Company’s registered seat: 1072 Budapest, Rákóczi út 42. 3. emelet, Hungary
Registration number at the Budapest Court of Registration: 01 10 049880
Tax number: 23975095-2-42
Representatives: Ms Szandra Judit Sandor, Mr Peter Baldaszti, Mr Agoston Gubicza, as Board Members
Email address: hello@nanushka.com

Customer Service Team:
Nanushka Studio
Budapest, Vörösmarty tér 1, 1051, Hungary
Telephone number: +36-70-940-5298
Email address: customercare@nanushka.com

2. Goods and services

Nanushka has been established in 2006. Since then with clothing designed in Budapest, Hungary and produced in Europe, the brand is now present in over 30 countries worldwide. As a niche contemporary women’s wear brand, Nanushka is driven by the desire to build a bridge between intuitive and functional design.

In Nanushka’s webshop at www.nanushka.com you can order unique women’s clothes and accessories. The products purchased on our website are directly sold by Nanushka.

Nanushka is entitled to widen the scope of its goods and/or services or to suspend or fully terminate them. Nanushka is entitled to suspend or to refuse to sell goods or to provide services, if you intend to purchase or use such goods or services in contradiction with the provisions of this GTC, or Nanushka is investigating a supposed misuse.

3. General provisions

This GTC is available at the following link: [link].
Former versions of this GTC are available here: [link].

This GTC is in effect from 20 October, 2017 and shall be effective until withdrawal. We reserve the right, at our sole discretion, to update, modify or replace any part of this GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please read the GTC and check back often. If you do not agree to any change to the GTC then you must immediately stop using our website and/or webshop. If you continue to use our website and/or webshop, you are deemed to accept the modified GTC. Any changes made after you have placed an order will not affect such order unless we are required to make such change by law.

The governing law of this GTC is the Hungarian law.

The language of this GTC and that of the contractual relation between you and Nanushka is the English language. Each customer order establishes a unique contractual relation between you and Nanushka.

Nanushka has not accepted any code of conduct which shall govern its business conduct. This GTC shall not be recorded, it is entered into only in electronic form, and shall not be considered as a written contract.

4. The process of using our webshop

4.1 Registration

You can place an order and purchase products in our webshop with or without registration.
If you order and purchase products with registration, upon registration you declare that you are older than 18 years, are aware of and accept this GTC and other policies and regulations published on our website, and you give your consent to manage and process your personal data as described in our Privacy Policy.
If you order and purchase products without registration, you may complete the procedure only if you declare that you are aware of and accept this GTC, and you give your consent to manage and process your personal data as described in our Privacy Policy.

Upon registration Nanushka sends an automatic email to you confirming your registration.

You shall provide information about yourself that is true, accurate, current and complete in all respects, in the course of registration and purchase. Should any of your registration information change, please notify us immediately by changing your details under your profile information.

In case of invalid or non-existent data the contract with Nanushka shall be null and void. Nanushka excludes its liability in case you purchase goods and/or use our services with another person’s data. Nanushka is not liable for damages occurred due to the fact that you forgot your password or such password became available to a third person out of the scope of the responsibility of Nanushka.

Nanushka shall not be liable for late delivery if it was caused by incorrect and incomplete data provided by you.

Please protect your password and user’s name while Nanushka is not liable for damages occurred due to the fact that your password and/or user’s name could have been available to third parties outside the scope of Nanushka’s responsibility.

To ensure that the shopping procedure is simple and secure, Nanushka uses Secure Socket Layer (SSL) technology.

4.2 Placing an order

After registration you can enter our webshop and begin shopping. You can choose the products to be purchased, the colour, the size and the quantity and put the products into your cart.

Nanushka provides the name and description of the products along with a photo in the webshop. A slight difference can exist between the photo and the product itself. Nanushka is not liable for the differences between the photo of our product on our webshop and the real appearance of the product.

You can check the content of your cart by clicking on the “Cart” icon. It is possible to delete the product by clicking on the “Remove X” icon or correct the quantity of the product in your cart, by clicking onto the white button under the “Qty” sign. At the end of the modification you should click on the “Update cart” icon. Items in your cart are not reserved and may be purchased by other customers.

You may purchase one or multiple items in the same order and purchase procedure.

In a case when you have a discount code, you can enter that code into the “Discount” field and click on the “Apply” button. Then the purchase price will be reduced.

By clicking on the “Check out” button, you can start the payment procedure. First you should give your shipping address, such as first and last name, company name (if any), shipping address and telephone number.

The next step is to select the shipping method. In the webshop the shipping fee will be calculated automatically on the basis of the shipping address.

You can give your billing address, which can differ from the shipping address.

You can choose between two payment methods. Pay with your credit card using checkout.com to complete your order or use your PayPal account. All transactions are secure and encrypted. Credit card information is never stored.

By clicking on “Review order” button at the end of the page, you can edit your order including the customer information along with shipping address, the shipping method and payment method. You can also write a short message to Nanushka with your request when sending your order, and get “Notifications” from Nanushka about your order via Messenger.

By clicking on “Complete order” button you can pay the purchase price of the product according to the chosen payment method. When placing your order the purchase price, the shipping fee and all other applicable fees (if any) will be indicated that you have to pay to receive the products.

After placing an order, Nanushka sends you an order confirmation email without delay, but not later than within forty eight (48) hours from the time of the order. Usually this message is shown in the webshop window after the payment method was successfully completed, with the wording “Your order is confirmed”. A confirmation email shall be also sent to your email address. Such email contents your order’s summary.

In the unlikely event that the above confirmation email or message is not received by you, you are released from the obligation of purchase. Nanushka is not liable for late confirmation, if the confirmation delays due to a false or incorrect email address provided by you during the registration process, or your email account is not able to accept messages because your inbox is full. This confirmation email is not an acceptance of your order, it is only a confirmation that Nanushka has received your order.

Acceptance of your order shall be completed when Nanushka sends a shipping notification email to you to confirm that the items have been sent to you.

When you would like to continue your shopping in the webshop after ordering one item, click on the “Continue Shopping” icon.

5. Purchase information

The default currency in the webshop is Euro, but you can alter the currency setting to other currencies included in the list.

Purchase prices are displayed Euro in our webshop, and include value added tax (VAT) in accordance with Hungarian tax rules, but do not include shipping fees. Shipping fees are displayed separately also in Euro.

Charges on your bank statement will appear as “Nanushka.com”.

In case we introduce special sale prices, we provide detailed information to our customers in relation thereto.

If clearly incorrect purchase prices are indicated in our webshop, e.g. an incorrectly low purchase price is indicated caused by an eventual system malfunction, Nanushka shall not accept the order and shall not deliver the product at such incorrect purchase price. In such a case we offer to deliver the product at the correct purchase price to you, and you are entitled to withdraw your order regarding such product. The order confirmed by Nanushka at an incorrect purchase price shall be deemed as a null and void contract.

Nanushka accepts the following types of payments: PayPal or Checkout.com or Amazon payment. Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro debit cards, and any other methods which may be clearly indicated in the webshop from time to time.

If the issuer of your payment card refuses to authorize the payment to Nanushka, we shall not be liable for any delay or non-delivery.

The total amount to be paid includes all costs on the basis of your order and the confirmation email. The invoice shall be sent to you in the package.

6. The fulfilment of the order, delivery

The delivery of the products is made by Nanushka’s business partner, Webshippy Magyarország Kft. (registered seat: 1137 Budapest, Pozsonyi utca 14. 1. emelet 5. ajtó, Hungary; “Webshippy”). Webshippy delivers the products of Nanushka worldwide through the courier services of DHL and GSL. We do not ship to the Russian Federation. Webshippy is also liable for customs clearance procedures.

In case of returning defective items, the shipping fee is paid by Nanushka and a Webshippy pick-up is organized by Nanushka. Webshippy delivers the new product in the course of replacement of defective items. In this case, the delivery fee and the customer clearance fee are paid by Nanushka.

When the product is defective, Nanushka shall pay back the whole amount of purchase price to you in the same payment method as the original payment was made.

In case of exchanging or returning products to Nanushka, you shall pay for such shipping fees and you may choose any delivery company you wish. The new product chosen by you after exchange, will be delivered to you by Webshippy and the delivery fee is paid by Nanushka.

Nanushka reserves the right to reject any order which has been already confirmed. In such a case Nanushka will inform you without delay. In this case Nanushka shall refund the whole amount paid by you without delay, but not later than thirty (30) days.

When any defect occurs in our webshop in relation to products or prices, Nanushka maintains its right to correction. In this case Nanushka informs you about the new data without delay. You can then confirm your order once again, or any party is entitled to withdraw from the contract.

We may, in our sole discretion, limit or cancel quantities purchased per person. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Nanushka is not liable for the case when its suppliers do not fulfill or essentially modify their obligations towards Nanushka. Nanushka reserves the right to partially or wholly refuse the confirmed orders, after consulting with you.

For further information regarding shipping and return fees, please see our Shipping & Return Policy at [link]

7. Right of withdrawal

You can announce your right of withdrawal within fourteen (14) days of receiving your original order without reasoning. You announce such right in an expressed statement sent to the Customer Service Team ( customercare@nanushka.com) within the above fourteen (14) day deadline. Please also indicate the tracking number of your order, in case you send back the item via the courier service chosen by you.

You shall send back the item to us without delay, but within fourteen (14) days from the announcement of your expressed statement on withdrawal at the latest.

The deadlines above shall be regarded as being complied with if you send your statement or the item before the fourteen (14) days expired. As Nanushka receives the returned item, a quality control procedure shall take place in order to determine the appropriateness of the returned item. The provisions of Shipping & Return Policy, especially point 2.1.2 shall apply.

To return an item please ship to the central warehouse of Nanushka:
Nanushka International Zrt.
39-49 Reitter Ferenc utca
3. emelet
Budapest, Hungary ,1135

You will be responsible for return shipping costs. Shipping costs are non-refundable unless the item is defective. We recommend you obtain a proof of postage and use a trackable shipping service or purchase shipping insurance.

We shall refund the full price of the returned item as it is received by us. We shall not refund such shipping fee, which was chosen by you and was not in line with our usual shipping method. The refund shall be made in the same way as the original method of your payment was made (PayPal or Checkout.com or Amazon payment).

You will receive a written notification via email that we have received your returned item. Any item returned exceeding the fourteen (14) day deadline will not be eligible for a refund.

You are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalized to you.

The right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity.

8. Liability for products

Please note, that Nanushka is not liable for damages resulted from natural amortization, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the product description.

8.1 Liability for defective items (in Hungarian: kellékszavatosság)

In case of defective performance (in Hungarian: hibás teljesítés) you are entitled to make a claim for defective items against us on the basis of the Hungarian Civil Code.

Upon your request you are entitled to make the following claims:
If an item is defective due to a manufacturing fault, we will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired it by yourself or a third party and we pay for the repair, or to a full refund (i.e. the purchase price along with the shipping fee).

You are entitled to modify your chosen claim, but you are responsible for the costs imposed by this modification, except it was caused by us.

You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest.

Within the first six (6) months from delivery you shall inform us about the defect and confirm that the item was provided by us. Within such six (6) month deadline there is no other condition to make your claim on the basis of the liability for defective items.

After the expiry of the above six (6) month period, however, you are required to prove that the defect discovered by you has already existed at the date of delivery.

After the expiry of a two (2) year period following the date of delivery, you are not entitled to make any claims on the basis of the liability for defective items.

8.2 Liability for defective products (in Hungarian: termékszavatosság)

If you are a private person purchaser, you shall also have a right to make a claim against Nanushka for defective products as described in this clause 8.2. Please note, however, that under Hungarian law you need to choose between your rights described in clause 8.1 and clause 8.2, i.e. making a claim against Nanushka because of defective items (in Hungarian: kellékszavatosság) or defective products (in Hungarian: termékszavatosság). You are not entitled to make a claim against Nanushka on the basis of both clauses.

If a product is defective, you are entitled only to choose to have it repaired by us or require us to exchange the product. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, you are required to prove the defect of the product. The product is deemed to be defective only if (i) it does not meet the quality requirements applicable by law to the particular product, or (ii) it does not have the characteristics set out in the description of the product delivered by us.

You are entitled to make your claim against us within a two (2) year period following the date of delivery.

8.3 Non-consumer buyers

Please note, that the above provisions set forth in points 8.1 and 8.2 are applicable only to consumers. Consumer is a private person acting out of the scope of his/her profession or his/her business activity. To non-consumer buyers different provisions of the Hungarian Civil Code shall be applied.

9. The complaint handling process

Nanushka shall seek to achieve a friendly settlement of any complaint you may have through negotiation or any other peaceful means.

Your complaint can be announced orally in one of our stores or in writing sent to our address. Nanushka shall inspect the orally communicated complaint immediately and shall be settled when it is necessary. When you are not satisfied with the result, or the immediate settlement is not possible, a protocol shall be prepared. Nanushka shall answer every written complaint in writing within thirty (30) days from receipt. In case Nanushka does not accept your complaint, it shall give a reasoning thereof.

The protocol in respect of your complaint shall be retained by Nanushka for three (3) years.

The contact of the customer service where you can turn to with your complaint is as follows:

Customer Service Team:
Nanushka Studio
Budapest, Vörösmarty tér 1, 1051, Hungary
Telephone number: +36-70-940-5298
Email address: customercare@nanushka.com

You can turn with your complaint also to the Hungarian Consumer Protection Authority as follows:

Budapest Főváros Kormányhivatala, V. Kerületi Hivatal, Fogyasztóvédelmi Főosztály
Address: 1051 Budapest, Sas u.19. III. em. Hungary
Telephone number: +36 1 450-2598
E-mail: fogyved_kmf_budapest@bfkh.gov.hu

You can turn with your complaint also to the Hungarian Conciliation Body as follows:

Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: +36-1-488-2131
Facsimile number: +36-1-488-2186
E-mail: bekelteto.testulet@bkik.hu

The Hungarian Conciliation Bodies are listed at the following link:
http://www.fogyasztovedelem.kormany.hu/node/8579

10. Intellectual property rights

Any invention, discovery, development, design, idea, creation, software, technology, procedure, process, technical material, documentation (hereinafter intellectual properties) relating to the products and services of Nanushka in any manner are subject to copyright protection, and all or parts of them are the exclusive property of Nanushka. You do not acquire any ownership of intellectual property when purchasing any of our products or using our services, including but not limited to our website and webshop. By purchasing any of our products or using our services you are not entitled to use any trademark, brand name or logo in relation to such products or services.

Nanushka reserves the right to every content on the products and services, including but not limited to the website and webshop. It is prohibited to download, to store electronically, to process or to transfer the content on the website or the webshop in whole or in part without the prior written consent of Nanushka.

11. Data protection

For data protection, please see our Privacy Policy: [link]
NAIH registration number: [NAIH regisztrációs szám feltüntetése]
12. Technical requirements

Our website is designed and run by Shopify Inc., our webshop is based on the webshop engine provided by Shopify Inc. (shopify.com).

Hosting service provider: Shopify Inc.
Registered seat: 150 Elgin Street, 8th Floor, Ottawa, ON K2P 1L4, Canada
E-mail address: [...]

In order to be able to use our website and/or our webshop you will need to have at least the following hardware and software.

Hardware requirements:
[...]

Software requirements
[...]

We kindly ask you to use an appropriate virus scanner and virus killer softwares.

We cannot guarantee that the website will operate continuously without any interruptions and errors due to the connection to the Internet. We have adopted adequate technical and organisational security measures to protect goods and services on our website, integrity of data, and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our website, and to avoid unauthorised or unlawful access to such data and information.

13. Miscellaneous

If Nanushka does not exercise any of its right derived from this GTC or other policies or legal provisions, such non-exercise shall not be deemed as a waiver of such right.

Any waiver shall be made in writing. When Nanushka shall not insist strictly on a significant provision of this GTC this shall not imply that Nanushka renounces its insistence on the strict compliance of such provision.

Nanushka does not make any particular promises in connection with the goods and services, besides the expressed terms and conditions in this GTC. Nanushka does not undertake any responsibility for the goods’ and services’ content, functioning, reliability, availability and ability to meet your needs. Nanushka provides the services on the basis of the principle “as is.”

Nanushka excludes all forms of warranty to the extent permitted by law. The maximum amount Nanushka pays for commitments relating to claims that are based on warranties including implied warranties under this GTC is the amount you have paid for the services. Nanushka is not responsible in any case for reasonably unforeseeable losses and damages.

If any provision of this GTC becomes invalid, unlawful or unenforceable, the other provisions of this GTC shall remain in effect.

We will be happy to give you more information in relation to our goods and services, the operation of our webshop, and the order and shipping procedure of our products. Please feel free to contact us at any time.

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