1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.nelly.com/www.nlyman.com and related pages, (the “Website”). The agreement is concluded between you and Nelly NLY AB, company reg. no. SE556653882201 (”Nelly”). 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.
1.2
Nelly is certified by Trygg e-handel and follows their rules and regulations for distance selling.
1.3
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)
1.4
NLY reserves the right not to complete an order in cases where the customer orders more than 8 products in one and the same color. The maximum number of 8 applies per customer and household unless otherwise stated on the product at purchase. NLY reserves the right to refuse your purchase and/or block your account if NLY suspects that you are making a purchase for commercial, business or resale purposes. We always strive to have accurate information on the Site, but sometimes it can unfortunately be wrong. We may therefore continuously update the information on the Site, such as product descriptions or technical specifications.
Please note that all image information on the Site should be considered as illustrations. NLY cannot guarantee that the images in all cases reflect the exact appearance of the goods, as, for example, screen settings, resolution and software can affect the presentation and color reproduction of the images. NLY also uses images as inspiration, so the number of items shown in the image may not always reflect the number of items included in the purchase. Therefore, always check the written information before placing your order or contact our customer service and we will help you.
1.5
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
2.1
In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to Nelly’s Privacy Policy.
2.2
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 Nelly’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.
3.1
When you visit nelly.com and conduct a purchase, Nelly processes your personal data in order to provide the best site possible for you and to complete the purchase agreement. You confirm that the information you entered is accurate and complete and that any inaccurate or incomplete information is your responsibility. Information regarding Nelly's processing of personal data can be found in Nelly's Privacy Policy.
3.2
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.
3.3
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
4.1
Prices are given in in euros, dollars or pounds and include VAT. Prices do not include payment and shipping fees, which are listed separately.
When ordering via the Site, the prices indicated on the Site at the time of ordering apply. NLY may update our prices on the Site to consider, for example, changes in exchange rates or due to increasing prices at our suppliers.
Sometimes the price may seem too good to be true, and unfortunately in some cases it is. In cases where you have received an order confirmation under point 2.2 but the price is clearly wrong, we reserve the right to cancel your order if you realized or should have realized that the price was too low. This can be, for example, when the price is too low in relation to the value of the product. In these cases, NLY will of course notify you of this and you as a customer are then of course welcome to place a new order at the updated price.
4.2
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
6.1
Products in stock are normally delivered within the number of working days set forth on the Website. We always try to deliver the goods you ordered at the promised time, but sometimes things go wrong. If we cannot deliver within the promised time, we will inform you as soon as possible of the reason for the delay and inform you of a new delivery date. The new delivery date will never be later than 30 working days after Nelly has confirmed the order in writing. Further information about Nelly’s delivery of products and the conditions for delivery are set forth here.
6.2
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.
6.3
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€/£19.95/$19.95/99 PLN 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.
6.4
We always do our best to deliver your ordered goods. We therefore always try to find a solution to deliver your goods, but if there are obstacles that we cannot overcome or if the delivery would involve unreasonable sacrifices for NLY, we will contact you as soon as possible and suggest another solution. For example, we may offer you a similar product or a refund.
7. RIGHT OF WITHDRAWAL AND RETURNS
7.1
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).
7.2
The right of withdrawal does not apply to the following kind of products:
(a) products made to the Customer’s specification or which otherwise has been given a clear personalised character;
(b) 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
7.3
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.
7.4
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).
7.5
When using the right of withdrawal, you pay the return shipping costs. The goods must be returned within 14 days of the date on which Nelly was notified of the exercise of the right of withdrawal. The goods must be returned in saleable and essentially unchanged condition, in their original packaging and with all possible labels and tags remaining. If the goods have been used or handled to a greater extent than necessary, Nelly is entitled to deduct an amount corresponding to the decrease in value or refuse your return. Returns should be made to Nelly according to the methods and instructions set out on the Site.
7.6
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](/uk/returns-and-refunds). 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.
7.7
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.
7.8
The refund will be made without undue delay and in any case no later than 14 days from the date on which we received your notice of withdrawal. However, we reserve the right to postpone the refund until we receive the goods back from you or until you send us proof that you have returned the goods, whichever comes first. The refund will be made to you via the payment option you chose when you bought the goods, unless otherwise agreed or there are obstacles to such a refund.
7.9
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 Nelly, 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 [email protected].
7.10
Nelly is not responsible for goods returned to us by mistake. In cases where the item is found in our returns warehouse, you can request a refund. In order for NLY to return the item, we will charge you 29,95 €/£/$ to cover the shipping and other administrative fees incurred by us. Nelly also reserves the right to charge this fee if you send a return after the 14-day return right offered by Nelly.
8. WARRANTY AND COMPLAINTS
8.1
Some of Nelly’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.
8.2
The right to complain covers goods that are faulty under current consumer protection legislation. If your product is faulty or if there has been a delay in delivery, you can complain about the product/purchase by contacting NLY. For a smooth complaint process, we ask you to register your complaint in our returns portal which you can find here.
You can also contact us via our contact details which you can find here.
Remember that you must send your complaint within a reasonable time after you noticed or should have noticed the fault. A notice sent within 2 months of noticing a defect in a product is always considered to have been sent in time. If a complaint is not made within a reasonable time from when the defect was discovered, or should have been discovered, and at the latest within three years and two months from when you received the goods, you lose the right to claim any penalties under the Consumer Sales Act against us.
If the complaint is accepted, you may be entitled to rectification, replacement, price reduction, compensation for rectifying the defect or the right to cancel the purchase and receive a refund. You may also be entitled to claim damages in the event of a defect in the goods or a delay in delivery, provided that we do not show that the delay or defect is due to an obstacle beyond our control which we could not reasonably be expected to have foreseen at the time of purchase and the consequences of which we could not reasonably have avoided or overcome.
8.3
Nelly will carry the cost for the return freight for any approved complaints.
8.4
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.
8.5
If you discover a transport damage, please contact our customer service as soon as possible at the contact details provided here.
You need to send a full-length picture of the package where the shipping label is visible, a picture where we can see the damage and pictures of any damage to the contents. Nelly also recommends that you save the packaging until we have investigated with the carrier.
9. LINKS
Nelly may provide links to other websites beyond the control of Nelly and websites beyond the control of Nelly may provide links to the Website. Even if Nelly attempts to ensure that Nelly only provides links to websites which applies similar personal data- and security provisions pursuant to Nelly’s Privacy Policy, Nelly is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
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.
12. SEVERABILITY
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
13.1
Any disputes shall primarily be settled by agreement after discussions with NLY’s customer services.
13.2
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.
13.3
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 2024-09-10.
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.