Terms and conditions of sale
When you place an order on www.nukka.ro for an item, we will send you an order confirmation email listing each product you have requested to buy and an estimated delivery for those items. Our order confirmation email is not acceptance of your order by us.
Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you and to send you a notice of shipping email. This email confirms that your order has been accepted by us and that it has shipped.
We reserve the right not to accept your order. This may occur where we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, or the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In these cases you will be notified be email and a solution will be established.
1. These terms
1.1 What these terms cover. These are the terms and conditions of sale which apply to any order which you place through www.nukka.ro (the Site).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2. Information about us and how to contact us
2.1 Who we are. We are Nukka Design belonging to SC Torotex SERV SRL, a company registered in Romania. Our registered VAT number is 38796732 and registration number is J40/1478/2018 and we are situated in Bucharest. Our EU VAT number is RO38811123. Any reference to “we”, “us” or “our” is a reference to the company which accepts your order.
2.2 How to contact us. You can contact us by writing to us at email@example.com or by telephone at +40723302255.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” this includes emails.
3. Our contract with you
3.1 How we will accept your order. When you place an order via the Site for a product, we will send you an order confirmation email listing each product you have requested to buy and an estimated delivery. Our order confirmation email is not acceptance of your order by us.
3.2 Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you or and to send you a dispatch/ready for collection email. This email confirms that your order has been accepted by us and that a contract is formed. Our contract with you is made in Romania.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because: we have decided to stop supplying the product; the product is out of stock; there are unexpected limits on our resources which we could not reasonably plan for; we have identified an error in the price or description of the product; the item does not satisfy our quality control standards; or because we are unable to authorize payment for your order. We will not charge you for the product and will refund any money which you have paid us for it within 14 days.
3.4 Your order number. We will assign an order number to your order and you will find this number in the confirmation email. It will help us if you can tell us the order number or the name you used when placing the order whenever you contact us about your order.
3.5 Orders for delivery outside Romania.
3.5.1 If the fulfillment of an order (or any aspect of it) would be illegal or unlawful, including because of breach of export controls or sanctions rules, we have the right to stop or cease to fulfill the order at any time, including after the dispatch of products or notification to you that the order has been received and is being processed. We will not incur any liability in such circumstances.
3.5.2 You may be responsible for Import duty and taxes. Import duty or tax costs may be invoiced to you directly from an import broker appointed by us, your local courier company, your national Government or any local Government or controlling body that has the power to raise such duties or taxes in accordance with the law in your country. We have no control over how much tax or duty any such body may charge and we recommend that you contact your local customs authority to determine a landed cost price prior to completing your purchase. Within the EU there are no taxes to be paid additionally upon receiving your order.
3.5.3 It is your responsibility to ensure that any products which you order comply with the laws of the country where they will be used.
4. Our products
4.1 Products may vary only slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and patterns accurately, we cannot guarantee that a device’s display of the colours or patterns accurately reflects the colour or pattern of the product.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. We may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 Delivering the products. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or, if we believe that delivery will take longer than this, we will contact you to agree an estimated delivery date.
7.3 Delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 Collection by you. Collection is not possible at this time.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.8 When you own goods. You own a product which is goods once your order has been accepted and we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name, address, telephone, email, and required size. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) .We will not be responsible for supplying the products late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.10.1 deal with technical problems or make minor technical changes;
7.10.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.10.3 make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it. In each case we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
8. Your rights to end the contract
8.1 Ending your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If you have just changed your mind about the product, see clause 8.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.3;
8.1.3 If what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get some or all of your money back, see clause 8.4.
8.2 Exercising your right to change your mind Under the Consumer Contracts Regulations 2013, you have a right to change your mind within 21 days (“the cooling off period”) after receiving the goods and to receive a refund. If you want to do this, you must follow the procedure set out in clause 9, but you do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes, if these have been unsealed after you receive them.
8.3 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out in this clause, then the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
8.3.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
8.3.5 you have a legal right to end the contract because of something we have done wrong.
8.4 If there is a problem with the product:
8.4.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +40723392255 or write to us at firstname.lastname@example.org.
8.4.2 Summary of your legal rights. We are under a legal duty to supply products that conform with their contract of sale. If they do not, you can ask us to repair or replace them or, if this is not possible, for a refund. Nothing in these terms will affect your legal rights.
8.4.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products because they are faulty, you must post them back to us. We will pay the costs of postage or collection. Please call customer services on +40 (0) 213216696, email us at email@example.com.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on +40 (0) 213216696 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the form within your account on our website.
9.1.3 By post. Contact us to obtain a cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning* products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us. Please call customer services on +40 (0) 213216696 or email us at email@example.com to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We may offer free or subsidised returns in certain countries or with certain promotions. Otherwise, we will pay the costs of return only:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Delivery and Returns page at http://nukka.ro/returnsandrefunds for information about what is acceptable. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 5 business days from the day on which we receive the product back from you or the day on which you inform us that you have changed your mind or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9.7 Please refer to Delivery and Returns page on our website for more details at http://nukka.ro/returnsandrefunds
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery information; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. Price and payment
11.1 Where to find the price for the product. The price of the product in Euros (payment currency) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes this will not affect the order as we are a non-VAT payer in Romania and all EU exports are governed by intra-EU VAT law..
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards, for example, American Express, Visa and MasterCard. We also accept PayPal and Bank Transfers. You must pay for the products before we dispatch them. If you wish to place an order using Bank Transfer please contact us for further details. Please note we do not accept cheques. Online payments are securely made through PayPal or mobilpay.ro
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
11.6 You are responsible for bank charges and exchange rate changes. Prices shown in any currency other than Payment Currency may be an approximation at the existing currency exchange rate. In this case, the final price you pay will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. Please note that we do not have any control over how much your card issuer may charge for such transactions.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products.
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our www.nukka.ro/privacy.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings These terms are governed by Romanian law and you can bring legal proceedings in respect of the products in the Romanian courts or any other EU legal authority.
14.7 Alternative dispute resolution. This is a process under which an independent body considers a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a dispute for online resolution to the European Commission’s online dispute resolution platform.