The following Terms and Conditions apply only to orders placed via the WWW.ESSTETIC.EU website.
Welcome to the ESSTETIC website terms and conditions for use. Please read them through carefully before using the website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website to the exclusion of any other terms and conditions.
NuStage Limited (“ESSTETIC”, “we”, or “us”) reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
Before you place an order, if you have any questions relating to these terms and conditions please contact our Online team by e-mail or call us for further assistance.
A. PURCHASE OF PRODUCTS
1. Creating the Contract
1.1 You place an order on the website by selecting an item and following the instructions.
1.2 You will have an opportunity to check and correct any input error in your order up until you click the Submit Order button.
1.3 After you have submitted your order you will receive an order acknowledgement e-mail from us. Please note that this e-mail is an acknowledgement and not acceptance of your order.
1.4 You should authorize and effect the payment via payment method you prefer.
1.5 Once payment has been authorised and effected, we have determined the availability of stock we will arrange for the delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of how your goods will be delivered to you.
1.6 We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will e-mail you with these details.
1.7 It is recommended that you retain all e-mails relating to your order and contract.
1.8 The details of your specific contract are filed by us and are available to you in Your Account Section. Should you want any additional information regarding your order you may contact us.
1.9. We will notify you by e-mail for any development in processing of your order. Current order status is available to you in Your Account Section of the website.
2. Payment
2.1 If you have selected to pay by card, you will be redirected to our bank secure page, to process the payment with your credit or debit card. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible.
2.2 If you have chosen to pay by PayPal.com, you will be redirected to paypal web page to process the payment with your credit or debit card or registered bank account. The registration in PayPal is required to process the payment. Once the payment has been received, we will begin processing your order. In the event that there is insufficient stock to satisfy your order you will be informed as soon as possible.
2.3 We will advise you if your payment has failed. We may then invite you to pay by another method.
2.5 All prices and charges on this website are quoted in EUR. The price you pay for your order is that price which is displayed on the website. Prices include VAT unless otherwise stated but exclude delivery charges. Delivery charges are calculated as part of the checkout process, based on the proximity of your delivery address to our nearest distribution centre. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you an option of reconfirming your order at the correct price, or cancelling the order. If we are unable to contact you we will treat the order as cancelled and you will receive a full refund.
3. Security and Clearing
3.1 All credit and debit card payments that are made on our website are protected by a secure connection. This secure connection ensures that your credit and debit card is encrypted prior to it being transferred to the bank for authorization.
3.2 As an additional security means, no credit or debit card details submitted online are stored directly by us once your order has been processed. Your CV2 number is not retained by our Secure Payment Provider (SSP).
4. Delivery of goods to you
4.1 We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order. We can only deliver to addresses in listed bellow countries within EU. For other countries or locations, additional charges will apply. Prices are available on request. Customers in these areas may prefer to appoint their own carriers.
4.2 We aim to deliver your furniture within the times quoted on our website when you place your order. Where multiple items have been ordered, we will endeavor to deliver them all together by the longest lead-time quoted, unless a split delivery is requested. This additional service will be subject to a further carriage charge. If the circumstances of your order change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss.
We offer a standard 7 days delivery, although very often the orders are received even quicker. However, sometimes it may takes up to 20 working days, depending on the availability of a chosen fabric/colour and/or your location. There are two different dates that you will able to see after successful payment and initial order processing by our operator. The first date is called "Expected Delivery Date" and shows you the date that your order should be delivered. The second date is called "Shipment Date" and this is the date when we expect the shipment to be picked-up from our warehouse.
4.3 The delivery times quoted on the website may vary, depending on our stock availability and distance to you address. We will inform you of this when confirming acceptance of your order.
4.4 You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment in full for the goods.
4.5 All deliveries are signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there may be an additional charge for this.
DELIVERY TERMS - FURNITURE / FABRIC SAMPLES
LIST OF ZONES & COUNTRIES
ZONE 1 / ESTIMATED SHIPPING 5 - 7 BUSINESS DAYS
Belgium, Czech Republic, Estonia, Greece, Hungary, Italy, Netherlands, Poland, Portugal, Romania, Spain, United Kingdom
ZONE 2 / ESTIMATED SHIPPING 7 - 10 BUSINESS DAYS
Austria, Cyprus, Denmark, France, Germany, Ireland, Latvia, Lithuania, Luxembourg, Slovakia, Slovenia
* Please note that sometimes (very rarely but anyway it's possible) it may takes up to 20 working days, depending on the availability of a chosen fabric/colour and/or your location.
DELIVERY CHARGES - FURNITURE
PRICE PER SINGLE PIECE
Ottomans, Pouffes & Floor Pillow Spacer EUR 30.00 / Per Piece (Weight 1 - 5 kg)
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Floor Pillows & Chairs EUR 60.00 / Per Piece (Weight 5,001 - 8.1 kg)
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Sofas EUR 120.00 / Per Piece (Weight 8.101 - 20 kg)
DELIVERY CHARGES - FABRIC SAMPLES
PRICE PER 1 - 5 SAMPLES PACK
From 1 to 5 Samples EUR 6.00
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From 6 to 10 Samples EUR 12.00
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From 11 to 15 Samples EUR 18.00
5. Cooling Off Period (applicable to online orders only.)
5.1 You are entitled to a statutory cooling off period beginning from the date you placed your order online and ending 7 working days after you received the goods. Certain goods are exempt from this cooling off period, for example a special order or bespoke items ordered.
5.2 You must inform us in writing during the cooling off period that you are cancelling the contract (e-mails are accepted).
5.3 If you have not received the goods at the time of cancellation of the contract, and we have not processed the goods for delivery, we will refund to you the monies paid by you for the goods in question including the delivery charges, but excluding the applicable bank or payment processor charges, in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of the your cancellation being accepted.
5.4 If you have not received the goods at the time of cancellation of the contract, but we have processed the goods for delivery, and they are en route, you must not unpack the goods when they are received by you. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you the monies paid by you for the goods in question, excluding the cost of collection of the goods and the applicable bank or payment processor charges, in the same form of payment originally used for the purchase, as soon as possible and in any event within 30 days of your cancellation being accepted.
5.5 If you have received the goods at the time of cancellation of the contract, the goods must be returned to us as soon as possible. You are the owner of the goods once they have been delivered to you and you are liable for their loss or destruction. The goods must be returned to us as soon as possible. We will refund to you all the monies paid by you for the goods in question, excluding the original delivery charge, the applicable bank or payment processor charges, and, excluding the cost of return of goods. The refund will be in the same form of payment originally used for the purchase as soon as possible, and in any event within 30 days of your order being accepted, PROVIDED THAT the goods are returned by you and received by us in the condition that they were in when delivered to you.
5.6 If you do not return the goods to us we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
6. Cancellation by Us
6.1 We reserve the right not to accept any order request if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area;
6.1.3 one or more of the goods ordered was incorrectly described or priced on the website;
6.1.4 the payment transaction is not authorized; or
6.1.5 you have not complied with the provisions of paragraph 10 of these terms and conditions.
6.2 If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Stock Levels
7.1 As far as reasonably possible all products featured to buy on the website are either in stock and available at the time of ordering, or are produced to order with the anticipated lead-time published on site.
7.2 If any item is out of stock we will notify you and proceed in terms of paragraph 2.1 or 2.2 as appropriate.
8. Unforeseen Circumstances
While every effort is made to meet our customers’ demands, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought, or other causes beyond our reasonable control.
9. Complaints and Remarks
9.1 If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by our feedback for, facsimile, telephone or e-mail, the details of which are contained under the “Customer Service/Feedback” page.
9.2 Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.
10. Contractual Capacity
10.1 In order to be eligible to enter into a contract with us to purchase goods through the website you must:-
10.1.1 provide the required information including your real name, billing details including your billing address; your delivery address if different from your billing address; e-mail address and telephone number;
10.1.2 be over the age of 18.
11. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
12. Law
These terms and conditions shall be governed by and construed in accordance with Bulgarian law and you hereby agree to be subject to the jurisdiction of the Courts of Bulgaria. All contracts are concluded in English.
13. Data Protection and Privacy
Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the applicable low. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. Click here for details of our Privacy Policy, the terms of which you acknowledge and agree to be bound by. Should you wish to contact us regarding our Privacy Policy please do so (for details see the “Customer Service/Feedback” page of the Website).
14. Entire Agreement
14.1 These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us.
14.2 Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us.
14.3 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
B. INTELLECTUAL PROPERTY RIGHTS
The content of this Website is © NuStage Limited, 2009. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (or our licensors). You may not copy, reproduce, change, modify, license, transmit or sell any material or content contained herein and you are permitted to use this material only as expressly authorised by us (or our licensors).
C. DISCLAIMER
NuStage Limited is providing this Website on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website, or its contents and disclaims all such representations and warranties. In addition, NuStage makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of NuStage howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither NuStage nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
NuStage accepts no liability for any information or content contained in external third party websites which link to or from this Website.
Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.
D. CONTACT US
For any online queries, please refer to the “Contacts” or “Customer Service/Feedback”pages.
The registered office NuStage Limited is:
104, Tsar Simeon Veliki Blvd.
Stara Zagora, 6000
Bulgaria
Company registration number: 123630393
VAT registration number: BG123630393
The Trade Office of NuStage Limited is:
4 Damyan Damyanov Street
Offices 1 & 2
Dragalevtsi
Sofia 1415
Bulgaria
e-mail address: esstetic@nustage.net
Customer Service: +359 886 880 662
Tel: +359 2 4837380
Fax: +359 88 4196332
sales@esstetic.com
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