The present sales conditions (hereinafter referred to as “Sales Conditions”) of The Nuova OÜ (registry code: 16150351, address: Vana-Lõuna tn 39, 10134 Tallinn; hereinafter referred to as “The Nuova OÜ” or “Online Shop”) shall apply to purchases made from the Online Shop of The Nuova OÜ at Thenuova.com.
The seller of the goods and provider of individualised purchasing service shall be The Nuova OÜ (hereinafter referred to as “Seller”); address: Vana-Lõuna tn 39, 10134 Tallinn, registry code 16150351, tel.: +372 59821592, e-mail address: email@example.com.
These Sales Conditions shall apply to legal relationships created between any person (hereinafter referred to as “Customer”) and the Seller upon the purchase of goods through the Personal Shopper. The Sales Conditions include further terms and rules that are either set out herein and/or referred to via hyperlinks added to the Sales Conditions.
The Seller shall be entitled to unilaterally amend and supplement the Sales Conditions and other terms or rules referred to herein by making new Sales Conditions available at Thenuova.com. If a Customer has placed an order before the amendments to the Sales Conditions take effect, the legal relationship between the Customer and the Seller shall be governed by the terms and conditions applicable at the time the order was placed.
The Customer shall undertake to carefully review the Sales Conditions before they use the website of the Seller and place an order. If the Customer does not agree with the Sales Conditions or other terms and rules referred to herein, they might not have access to the Seller’s website or services provided.
The Customer shall be able to save the terms and conditions before making a purchase, print them out and reproduce them as and when necessary, and the Customer shall have agreed with the provisions set out herein if they have made a purchase from the Online Shop.
The Customer shall be able to place orders by sending a corresponding e-mail to firstname.lastname@example.org or to the WhatsApp account number .: +372 59821592.
The Customer shall select their desired goods from the website at https://thenuova.com/, social media @thenuova.concierge and place an order with the Seller by e-mail or via WhatsApp.
The Customer shall confirm their order and pay for the goods via a payment solution provided by the Seller. The Customer shall be able to use bank transfer or the PayPal payment solution. From February 2021 The Nuova requires a service fee (non refundable) deposit paid at the time of the item request to proceed.
Deposit will be refunded in case Seller isn’t capable to source Customer requested item.
Before paying the invoice, the Customer shall verify whether the information included therein is correct.
The Seller shall confirm to the Customer the receipt of their order and payment and send an invoice for the order via e-mail.
The Sales Contract between the Seller and the Customer shall become effective at the moment the entire amount paid by the Customer for the purchase is indicated in the Seller’s bank account.
If the Seller is unable to fulfil immediate shipment order (this does not include restocks and pre-orders, when Customer is notified that item is not available immediately) , it shall refund the amount paid for the goods it is unable to send to the Customer within 60 days, at the latest.
Please note our fees incurred for services or sourcing products are non-refundable in the event of a return, exchange, or refund.
Immediate shipment items are available immediately and shipped out to the Customer once the source have received the payment for the items.
Restock and Pre-order items are not available for immediate shipment and Seller does not take responsibility to confirm exact restock or arrival dates of the items. Each Retailer has their own processing times, delivery methods and prices, and returns and refund policies. Seller shall endeavour to notify Customer of such information on any confirmation notification Seller will send to Customer. These orders will require an extended wait time for the item/s. Customer will be informed of such waiting times before the order. Seller shall accept no responsibility for extensions to such waiting times given by the retailer.
PRICE OF GOODS AND PAYMENT METHODS
All the prices indicated in the Online Shop are in euros and inclusive of VAT.
The goods in the Online Shop can be paid for via the PayPal payment solution or bank transfer. A service fee may be added to the order amount as per the agreement signed between the Customer and the Customer’s bank or issuer of credit card.
If an invoice is issued to the Customer, they shall not be obliged to pay the invoice received. The order shall only become effective as of the moment the Customer’s payment is received. The Seller shall not be obliged to reserve for the Customer the goods ordered but not paid for. If the Seller decides to reserve the goods for the Customer, it shall do so for up to seven (7) calendar days from sending the corresponding confirmation to the Customer.
The Customer shall pay for the order the entire amount of the sales price, service fee and transportation cost in advance. Payments shall be made outside of the Online Shop on the PayPal website or bank transfer.
The Seller shall not have any access to the Customer’s bank or credit card information.
RECEIPT OF GOODS
The Customer shall choose the manner and place of delivery of the goods.
The goods can be ordered to the address disclosed by the Customer.
The provider of the courier service arranging the delivery of the goods and the courier shall be entitled to request that the Customer present their identification (ID card, passport, driving licence) and provide the order number upon delivery of the goods. If no identification is presented, the Seller may refuse to hand the goods over.
The Seller shall not be liable for damages caused to the Customer if for reasons independent of the Seller a third party has got a hold of a copy of the invoice or the unique order number and based on them the Seller or a person authorised by the Seller (e.g. courier) has handed the goods over to the third party.
If goods are handed over at the Seller’s place of business, no transportation cost shall be added to the order amount.
If the goods cannot be delivered to the Customer or a person authorised by the Customer within 60 calendar days, the Seller shall consider the Customer as having withdrawn from the order and shall refund the Customer for the purchase price by transferring the amount to the same bank account from which the order was paid for. The Seller shall not be obliged to compensate for service fee or delivery-related costs.
The Customer shall undertake to check the goods upon their delivery.
Upon delivery, the Customer shall be obliged to carefully open the package of the product. When doing so the Customer shall refrain from damaging the products and their packages.
If the Customer has damaged the package of the product due to carelessness, i.e. the package could have been opened without damaging it, the Seller shall be entitled to request compensation for damages should the goods be returned.
If the package of the product cannot be opened without damaging/destroying it, the Customer shall not bear any liability for the damaged package.
The Customer shall IMMEDIATELY (but not later than within 14 days of the day they or their authorised person (including a minor) received the goods) inform the Seller if they or the person authorised by the Customer to check the goods find that they have been sent wrong or defective goods or if the goods have not been delivered in a good condition and sealed package.
The Seller shall dismiss complaints made after 14 days have passed from the receipt of the goods.
RIGHT OF RETURN, WITHDRAWAL FROM CONTRACT
The Customer shall be entitled to return the goods purchased from the Online Shop to the Seller.
The goods may be returned within 14 calendar days of their receipt.
The Customer may exercise their right of return even if the goods are not defective. The right of return shall not apply to the kinds of goods that by their nature cannot be returned (such as underwear, swimming or sunbathing attire, hosiery, cosmetics with opened packages, perfumes, personal hygiene products), unless such goods are defective when delivered.
The goods returned shall have to be unused and undamaged (the Customer shall be entitled to check the goods in such a manner that is permitted in a regular shop and the Customer shall be liable for any impairment of goods caused by checking the goods in any other manner). The Customer shall be unable to return spoiled or damaged goods.
The Customer shall have to submit an application for return.
In the application for return the Customer shall have to indicate the goods returned, their quantities and the reason for their return.
The Customer shall have to return the goods in their original packages and all the goods to be returned within a single order shall have to be returned together.
The Customer shall bear direct expenses related to the return.
The Seller shall send the Customer a confirmation of the receipt of the goods returned to the Customer’s e-mail address.
The Seller shall refund the Customer for the purchase price paid for the goods returned within 30 calendar days. The refund shall be made to the same bank account from which the order was paid for.
The Seller shall be entitled to refuse to refund the amount paid for the goods to the Customer or the bank account indicated by the Customer if the Seller suspects that the Customer has returned to the Seller (i) a damaged product, (ii) a product other than that sent to the Customer, (iii) a falsified product or (iv) if other damages have been caused to the Seller. The Seller shall notify the Customer of the above as soon as possible by sending the notice to the e-mail address from which the Customer sent the order and the return notice.
Processing of Personal Data
The regulation concerning the processing of the Customer’s personal data is HERE [add link]. The personal data processing policy shall form a part of these Sales Conditions.
The Seller asks that the Customer review the personal data processing policy. The Seller asks that the Customer not place any orders if they do not agree with the terms and conditions of data processing.
SUBMISSION OF COMPLAINTS AND LIABILITY
Upon sale of goods to a consumer it shall be presumed that a non-conformity to the terms and conditions of the contract that appears within six months of delivery of the goods to the consumer was also present at the time the goods were delivered, unless such a presumption is contrary to the nature of the goods or the defect.
The Customer shall notify the Seller of any non-conformity of the goods to the contract within two months of discovering the non-conformity, at the latest. Said right shall remain effective within two years of the delivery of the goods to the Customer.
The Customer shall submit complaints via e-mail to email@example.com.
In the complaint the Customer shall indicate their name, contact details (telephone, e-mail address, postal address), the date of the complaint, the defect of the goods discovered and the content of their claim. The Customer shall also submit the document evidencing their order.
The Seller shall not be liable for damages caused upon fulfilling the order by the fact that the Customer has provided the Seller or a person authorised by the Seller incorrect information. The Seller shall also not be liable for damages sustained by the Customer or for other consequences, including a delay in the delivery, if they are caused by circumstances independent of the Seller.
The Seller shall not be liable for damages caused by using the goods for purposes for which they are not intended or by their incorrect preservation or maintenance.
Any disputes arising between the Seller and the Customer shall be settled by the parties in negotiations. If no agreement is reached, the Customer shall be entitled to have recourse to the Consumer Protection Board (Pronksi 12, 10117 Tallinn; http://www.tarbijakaitseamet.ee) and to the Consumer Disputes Committee (Pronksi 12, 10117 Tallinn; http://www.komisjon.ee) in order to have the dispute settled extrajudicially, or to the Harju County Court.
Information and Data Collected. Use of Personal Data and Other Processing Conditions
In the course of services offered to Customers via the Website, a Customer may provide to The Nuova OÜ or The Nuova OÜ may collect, save, use or process in any other manner personal data related to the following operations and for the following purposes:
Placing orders with the The Nuova OÜ Online Shop. When placing an order with the The Nuova OÜ Online Shop, the Customer’s first name and surname, bank account number, e-mail address, telephone and postal address, if this is necessary to deliver the goods to the Customer, shall be registered. The Nuova OÜ shall process the Customer’s personal data for the purposes of fulfilling the order, managing customer relations and communicating with the Customer, replying to the Customer’s inquiries, collecting sales statistics, and marketing.
In connection with visiting The Nuova OÜ’s Website and Online Shop. When visiting The Nuova OÜ’s Website, The Nuova OÜ may collect information on the Customer’s computer or other device. For instance, The Nuova OÜ may obtain information on the Customer’s visits and orders, including the Customer’s IP-address, time spent on the Website, number of clicks, date of opening the account, etc.
Other information related to communications with The Nuova OÜ. The Nuova OÜ may process personal data and other information that the Customer may provide to The Nuova OÜ at any time by using The Nuova OÜ’s Website or communicating with The Nuova OÜ.
Furthermore, The Nuova OÜ may disclose the Customer’s personal data to perform an obligation arising from applicable legislation, to defend the rights or interests of The Nuova OÜ or a third party (including provision of personal data to third parties for the purposes of collecting debts), or to contest a claim filed against The Nuova OÜ or a third party.
Personal data shall be preserved in accordance with applicable laws and regulations.
Rights of Customer
The Customer shall be entitled to receive from The Nuova OÜ at any time personal data concerning the Customer, request that their personal data be rectified or transmitted and that the processing of their personal data be stopped.
The Customer shall be able to obtain an overview of their personal data and to check or rectify them on their self-service account.
The Nuova OÜ shall be able to grant the request to stop processing personal data only if the basis for the processing of the corresponding personal data has expired.
The Nuova OÜ shall review the Customer’s request related to personal data at least 30 days. As and when necessary, The Nuova OÜ may extend said period by notifying the Customer thereof.
The Nuova OÜ shall not be obliged to grant the Customer’s requests if The Nuova OÜ is not certain about the Customer’s identity or lawfulness of the request or if in the case of a request to transmit data, the data cannot be transmitted safely.
Cookies are information sent by a web server to a browser and saved by the browser. The information is sent to the web server each time the browser transmits a request to open a webpage stored on the server. This enables the web server to recognise and track the browser.
The Nuova OÜ may use third party cookies on its Website. Such cookies primarily include those of, for instance, Google Partners and Google Analytics. Cookies are used for the purpose of obtaining statistics on the use of the Website.
Safety of Your Personal Data
The Customer’s personal data shall be processed as per the personal data protection laws and other legal requirements applicable in the Republic of Estonia. When processing your personal data, The Nuova OÜ shall take organisational and technical measures to ensure that your personal data are protected against accidental or illegal destruction, alteration, publication and any other unlawful processing.
Third Party Websites
The Nuova OÜ’s Website may include references and links to other websites. The Nuova OÜ shall not be liable for the security and privacy policies of third party websites. The Nuova OÜ strongly recommends reviewing the privacy policies of such other websites.
The Customer shall be entitled to lodge a complaint about the processing of personal data with the Estonian Data Protection Inspectorate (e-mail: firstname.lastname@example.org; postal address: Väike-Ameerika 19, Tallinn 10129).