Terms of service

Terms and Conditions

This agreement applies as between you, the User of this Web Site and Näckrosgården, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

 

You agree that by accessing the Web Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Web Site and you must discontinue use immediately.

 

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

Näckrosgården” means Näckrosgården of Österhankmovägen 688, 66560 Österhankmo, Finland. Näckrosgården is a registered subsidiary of Raamt Ab Oy owned and operated by:

Libäck Invest Oy Ab  of Equatorn 10 A 11, 68600 Pietarsaari, Finland with Company number:1877867-0;

Service” means collectively any online facilities, tools, services or information that Näckrosgården makes available through the Web Site either now or in the future;

System” means any online communications infrastructure that Näckrosgården makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User” / “Usersmeans any third party that accesses the Web Site and is not employed by Näckrosgården and acting in the course of their employment; and

Web Site” means the website that you are currently using (www.nackrosgarden.com).

 

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Näckrosgården , our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable Finnish and International intellectual property and other relevant laws.

 

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Näckrosgården.

 

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Näckrosgården  or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.nackrosgarden.com without prior permission.  

 

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Products Descriptions And Prices

We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.

 

Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

 

We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

 

Purchases on the Website

To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.

To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.

 

When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.

 

When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").

 

Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.

 

When Orders are not accepted

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 14 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

 

Risk of Loss

All items purchased are made pursuant to a shipment contract with our carriers. This means that the risk of loss and title for such items pass to you upon our delivery of your order to the carrier.

If you do not receive your order within 20 working days from the date of despatch, please contact us. We would request that you contact as soon as possible and within 45 days of placing your order.  If you contact us outside of this time frame, we are unable to track your order or provide any reimbursement.

 

Chargebacks

You agree to contact Näckrosgården prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Näckrosgården, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

Complaints

No complaint can be considered unless clear proof can be given that the kits and alleged to have performed unsatisfactorily was in fact the product(s) supplied and that it was treated carefully and correctly throughout and subject only to such conditions as were likely to produce.

Where product(s) sold are imported, from outside the European Economic Area (i.e. North America,Asia, Africa etc.) the purchase  is at the customers own risk and Näckrosgården assumes no responsibility over and discharges all warranties for

a) satisfactory performance of the kits due to prolonged times in transit

b) legality to import into the destination country

c) deliveries or refund packages that are stopped or seized by customs and/or other relevant authorities.

 

Arranging and anticipating delivery

Any times or dates stated on our website or confirmation emails regarding Delivery are estimates only. Näckrosgården will make all reasonable effort to deliver Products within the time specified, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 2pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, Sundays or public holidays. All deliveries will be undertaken during business hours of 10:00am - 5:30pm, unless otherwise agreed with You the customer and Näckrosgården.

 

Whilst we agree to use all reasonable endeavours to ensure that Delivery is made around the Delivery time advertised, you will acknowledge that actual Delivery is often via third party suppliers and carriers and can therefore be beyond our control and could be subject to delays. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone number or mobile number and e-mail address so we can notify you in the event of a Delivery problem.

 

When the delivery arrives

Delivery will be deemed as successfully made once the Product has arrived at the address specified. Signature may be required for proof of Delivery, except where a third-party carrier use their own confirmation. Products may be left at the Delivery address without the Recipient's permission except where third party suppliers require signed confirmation or the Recipient has expressly requested Products not be delivered in their absence. Products will be deemed your responsibility once they have been received by you, your agent or the intended Recipient. Any loss or damage to the Products shall then be at your own risk.

 

Should Delivery be refused at the Delivery address, and re-requested for another date, we may charge for the second Delivery, since we met our Delivery obligations with the initial Delivery attempt. It is the Recipients responsibility to sign for the correct number of packages as shown on the carrier's Delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 14 days of Delivery. If boxes look damaged on Delivery we recommend the contents are inspected before accepting and signing the Delivery note.

 

If the Delivery needs to be cleared through customs. The customer is responsible for paying all customs duties and charges.

 

Cancellations and returns

We endeavor to provide the best Customer Service possible. Should anything go wrong, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or Cancel your Order, please contact hello@nackrosgarden.com.

 

You may Cancel any Order within 14 working days from the date of purchase excluding any products which are Made To Order or Bespoke. If you Cancel your Order via telephone your Order will be put on hold. You must confirm your wish to Cancel the Order in writing via email or post within 14 working days. Your Order will not be considered Cancelled or refunded until notification in writing is received.

 

If you decide to Cancel an Order after the Products have been dispatched and commenced their carriage to you by carrier or post, we may charge you for the carriage of those Products. We advise you check the status of the Order before you request Cancellation. Any charges will be communicated to you before we confirm the Cancellation.

 

You are entitled to Cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on your behalf or as your agent and be re-credited by us to the extent that such sums are not reimbursed by the card issuer.

 

Returns

Before you request or arrange return of a Product, please read the below information carefully. You may Return any Delivered Products you have purchased within 14 working days of Delivery, excluding any products which are Made To Order or Bespoke for any reason (including if you simply change your mind). To do so you must notify us in writing via email or post within 14 working days of Delivery. If you are Returning a Product for any reason, except damage or manufacturer defect, You must pay the costs of Returning the Products to Us or our suppliers.

 

On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the Refund.  If:  the Product delivered is not what you Ordered (including an unapproved Substitute Product), or does not correspond with its description; the Product delivered is not of a satisfactory quality, the Product arrives damaged or faulty and you have notified us after 14 working days,

 

We may replace the item or affected parts or you may Cancel the Order and receive a full Refund. You will not be charged for the costs of returning an unapproved substitute or defective product. If Products arrive in a damaged condition you must make a note on the carrier's Delivery consignment note where possible and inform us within 14 working days of the Delivery. If the Product becomes defective soon after 14 working days have passed, Näckrosgården will, at its option, replace the Product or Refund you. You will not be charged for the cost of Returning a defective Product.

 

We will not accept Returns or Cancellations if the Products have been altered or by altering or customising the Product in any way that could be deemed as you using or treating the Products as your own. While in your possession, you must keep any Products you intend to Return to us in good condition. Products must be Returned in the same condition as they were delivered. Care must be taken to ensure the Return Products are packed well to avoid damage or loss of parts in transit. Products Returned which cannot be re-sold as new due to damage or wear and tear may be subject to a reduction in the Refund given.

 

Items "in stock" are deemed to be available and will be packaged and shipped within 3 working days.

Items "Made To Order" are deemed to be available and will be packaged and shipped within 2-3 weeks.

 

Products Made To Order or Bespoke cannot be cancelled or returned.  Made To Order or Bespoke Products will usually be described as such on the website.

 

Näckrosgården will try to ensure that Made To Order products are completed and delivered within the estimated lead time advised at time of purchase. However, delays do occasionally arise due to production or shipping issues, out of our control. If a delay occurs, Näckrosgården will communicate to You, the customer as soon as the new estimated delivery date is confirmed, however, this does not mean you have the right to cancel such an order if it is beyond the estimated timeframe.

 

Refunds

Refunds will be processed within 14 days. Where exchange rates of currency are involved, the Refund will be made in EURO at the current exchange rate,if applicable. Näckrosgården do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of Ordering and the time of issuing the Refund

 

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Privacy

For the purposes of applicable data protection legislation, Näckrosgården  will process any personal data you have provided to it in accordance Privacy Policy available on the Näckrosgården  website or on request from Näckrosgården .

 

You agree that, if you have provided Näckrosgården  with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Näckrosgården  and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Näckrosgården ’s website or otherwise provided a copy of it to the third party. You agree to indemnify Näckrosgården  in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

Disclaimers

Näckrosgården makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

 

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

 

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

 

Näckrosgården accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

Limitation of Liability

To the maximum extent permitted by law, Näckrosgården accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

 

Nothing in these terms and conditions excludes or restricts Näckrosgården ’s liability for death or personal injury resulting from any negligence or fraud on the part of Näckrosgården .

 

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Consumer Protection Act. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

Notices

All notices / communications shall be given to us by email to hello@nackrosgarden.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

Law and Jurisdiction

These terms and conditions and the relationship between you and Näckrosgården  shall be governed by and construed in accordance with the Law of Finland and Näckrosgården  and you agree to submit to the exclusive jurisdiction of the Courts of Vaasa.

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