These Terms and Conditions of Website Use ('Terms') apply to your use of the NERSES website located at www.nerses.world (the 'Site'). For additional terms and conditions that may apply to purchases and related transactions that you complete through our Services. The Site shall be collectively referred to as the 'Services.' In this document, 'we', 'our' and 'us' refer to NERSES, and 'user,' 'you' and 'your' mean users of the Services.

By visiting our site and or purchasing something from us you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and or contributors of content. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

These Terms along with our Privacy Policy and Cookie Policy constitute a legally binding agreement between you and us. By accessing or using our Services you agree that you (or your parent or legal guardian) have read, understand and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE SERVICES.

We amend these Terms from time to time. Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may sometimes revise these Terms as they apply to your order to reflect changes in relevant laws and regulatory requirements. If we have to look through these Terms between the time you place your order and when we send you Dispatch Confirmation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return any relevant Goods you have already received and we will arrange a full refund of the price you have paid.

Our store is hosted on Shopify Inc. It provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

1.0 DEFINITIONS

• "We"/"us"/"NERSES" means NERSES company, the seller of the Goods.
• "You"/"your"/"customer" means the customer acting as a consumer.
• "Dispatch Confirmation" means the date on which we e-mail you to confirm our acceptance of your order and dispatch of the Goods.
• "Goods"/"Item" means the items which we agree to sell you.

2.0 ONLINE STORE TERMS

By agreeing to these Terms of Service you admit that you are at the age of majority in your state or province of residence and you have given us your consent to permit any of your minor dependents to use this website. 

You may not use our products for any illegal or unauthorised purpose and you are not allowed to violate any laws in your jurisdiction (including but not limited to copyright laws) during using the Service.

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

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

3.0 HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.

4.0 CONTACTING US

If you wish to get in touch with us for any other reason, including because you have any complaints, you can contact us by:

customer.service@nerses.world

5.0 TERMS OF SALE AND OUR RIGHT TO VARY SUCH TERMS

You can review the most current version of the Terms of Service at any time at this page. 

We reserve the right at our sole discretion to update, change or replace any part of these Terms of Service by posting news our website. It is your responsibility to check our website periodically for changes. Your further use or access to our website or the Service after the posting of any changes to these Terms of Service constitutes acceptance of those them. These Terms shall apply to all Contracts for the purchase of Goods by you from us to the exclusion of all other terms and conditions which you may purport to apply under any sales offer or purchase order. These Terms supersede all previous agreements and understandings between us. We amend these Terms from time to time. Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us. We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

6.0 PLACING AN ORDER

6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.

6.2 All orders are subject to acceptance and availability.

6.3 After you place an order, you will receive an order confirmation email from us acknowledging that we have received your order.

6.4 We will confirm our acceptance of your order to you by sending you an email that confirms that the Goods have been dispatched ("Dispatch Confirmation").

6.5 When placing your order we carry out a standard check on your payment method.

6.6 We may choose not to accept your order at our discretion for any reason without liability to you. Examples of when we may not accept your order includes (but is not limited to): instances where the Goods ordered are out of stock or are incorrectly priced or do not satisfy our quality control standards, where payment has been declined or a failed security review. We will inform you if we choose not to accept your order by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible. In the unlikely event that an item from your order is unavailable it will not be substituted for an alternative product and you will not be charged for the item.

6.7 For security reasons all digital orders are processed using our payment processor and may be selected for review by our risk system. If your order has been selected for review, we may contact with you and request additional information to validate your order. Should an order fail to pass the review to a satisfactory level, then the order will be cancelled, you will be sent a Cancellation email ("Order Cancellation Confirmation") and your funds will be returned to your original form of payment. 

If NERSES suspects or identifies any fraudulent activity in relation to an order or transaction which violates this Agreement, any law or regulation or is likely to expose either NERSES or any other side to harm or loss, NERSES reserves the right to take the following actions, including but not limited to: rejecting, cancelling, recalling, reversing or taking any other appropriate steps to investigate the activity for security reasons.

7.0 CANCELLING AN ORDER

7.1 You may cancel an order at any time before we send you the Dispatch Confirmation by contacting us on www.nerses.world. You can also cancel a Contract by e-mailing customer.service@nerses.world or by sending a letter to our Customer Experience at the above address. If you are e-mailing us or sending a letter please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date we receive the e-mail or message by us.

7.2 If you wish to cancel the Contract after Dispatch Confirmation has been issued and to clause 8 for our returns and exchanges policy.

8.0 RETURNS AND EXCHANGES

8.1 Returns

Our policy lasts 14 days. If 14 days have gone by since you received your order, unfortunately, we can't offer you a refund or exchange. To be eligible for a return your item must be unused and in the same condition that you received it. It must also be in the original packaging. Non-returnable items:

- Gift cards

- Discounted(on sales) items

To complete your return we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer. We will provide you with all information on your email. There are certain situations where only partial refunds are granted (if applicable).

Any item not in its original condition is damaged or missing parts for reasons not due to our mistake.

Any item that is returned more than 14 days after delivery. If you have returned the Goods to us because they are faulty or mis-described, we will refund the price of the Goods in full. However please note we cannot accept liability for an item as faulty until it has been returned to us and we have had an opportunity to inspect it and confirm that it is faulty.

8.2 Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also inform you of the approval or rejection of your refund. If the request if approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within a certain amount of days.

8.3 Late or missing refunds (if applicable)

If you haven't received a refund yet, first check your bank account again. Then contact your credit card company. It may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you've done all of this and you still have not received your refund yet, please contact us at customer.service@nerses.world .

8.4 Return shipping

To return your product, you should mail your product to: Ukraine, 76018, Ivano-Frankivsk, A. Melnyka street, 10, block 7, NERSES.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are shipping an item over $100, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.

8.5 Please note: we are not responsible for any duty/import/taxes/customs/etc charges you may incur. NERSES cannot accept responsibility for Goods not received and signature is required as a proof of confirmation receipt. We recommend you keep your tracking number until your refund has been processed.

8.6 We will refund you on the original method of payment. If you used a gift card to pay for the Goods, we will refund you by way of a gift card. If you made the payment using part gift card and part credit/debit card or PayPal, the gift card element will be refunded first.

8.7 All return postage costs are your responsibility.

8.8 Your delivery costs will be refunded in the following circumstances:

If you cancel your order before dispatch.

If we cancel your order due to stock availability or because the product is faulty on dispatch.

Please note:

we do not offer a free delivery or returns services for international or inland orders.

8.9 HANDLING AND CONDITIONS OF RETURNED GOODS 

Please take reasonable care when opening original packaging and where possible ensure it is returned along with the Goods.

All Goods should be inspected and tried on with reasonable care being exercised.

Items should be returned unused and in a resalable condition with all garment tags and care labels still attached. If returned items do not match the items included in the original order or are damaged or soiled we reserve the right not to accept them and may send them back to you and/or refuse a refund.

Where protective casings, protective boxes, dust bags and leather tags are provided with the Goods these must be returned along with the Goods. 

In the interests of hygiene we will not be able to accept returns of underwear and swimwear unless the hygiene seals are intact. These Goods should not be tried on and must be inspected in their packaging.

For handbag returns: when examining it please be mindful not to scratch or mark the product. For returns please wrap your handbag carefully in the original dust bag to prevent any damage during shipping.

9.0 DELIVERY OPTIONS

10.0 TAXES AND DUTIES

We operate on a Delivery Duty Paid basis. This means that all import taxes and duties as well as applicable VAT will be included in the price of the goods in your order.

To avoid tax and duty charges for returns please mark your parcel as 'returned goods' and provide your courier with the order number, tracking number and commercial invoice and note this on the top of the parcel to demonstrate it's a return purchase to NERSES and before shipping please contact us on EMAIL customer.service@nerses.world. Please note that failure to return your parcel with this information will result in delays in your return being processed, additional charges or your parcel may be returned to you.

You can return your order using any trackable postal service and you'll need to cover the postage costs yourself.

11.0  PRICE OF GOODS AND DELIVERY CHARGES

Prices for our products are subject to change without notice. 

We reserve the right 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. The price of an item does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order. We may from time to time run special promotions or issue promotional codes. Unless otherwise expressly stated on the specific promotion, promotional codes cannot be used in conjunction with any other offer or promotion, cannot be used to purchase gift cards and can only be used against full price items. We reserve the right to change or terminate any promotion without notice at any time.

12.0 PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

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 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 made on this website 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.

13.0 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 email 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 delivery address, telephone number, full name, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

14.0 THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. 

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability  for any third-party materials or websites or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

15.0 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website 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 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.

16.0 HOW TO PAY

16.1 You can only pay for items on our website through our payment service provider -  Fondy|online payment gateway&payment processing using any one of the following methods: debit card, credit card, gift cards or any other methods which may be clearly indicated on our site from time to time. Please note exclusions may apply with the availability of payment methods.

16.2 We accept the following debit or credit cards: Visa, MasterCard, American Express,  and Maestro. When you use a payment card you confirm that the card being used is yours or that you have been specifically authorised by the owner of the payment card to use it.

16.3 All payments are subject to validation checks and authorisation by the payment service provider. If the payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If you are a customer whose payment service provider is not denominated in Hryvna or Euro, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

16.4 Payment for the Goods and all applicable delivery charges is required in advance. When placing your order we carry out a standard check on your payment. Payment will be taken when your order has been made and a Confirmation Email has been sent. If you cancel your order prior to dispatch we will reverse the authorisation hold. Please note that your payment service provider may take up to 30 days to release the funds. Once we has processed a cancellation, we have no control over the timeframe in which the funds will be returned to you, or any further visibility of the transaction - please direct any queries to your payment service provider.

17.0 LIABILITY

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

17.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.0 EVENTS OUTSIDE OUR CONTROL

18.1 We will not be responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control. 

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, severe weather conditions, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, adverse weather conditions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; 

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, excluding delivery charges.

19.0 OTHER IMPORTANT TERMS

19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

19.2 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts

19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.4 If we fail to insist on performing any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

19.5 These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by construed and interpreted in accordance with the laws of Ukraine. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ukraine. 

19.6 Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.

19.7 You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.

20.0 DELIVERY & RETURNS ISSUES

If you have not received your order or item(s), please check the tracking details provided in the dispatch email to locate your parcel. The parcel may have been left in a safe place or with a neighbour depending on your delivery preferences. Check the communication from the courier regarding your delivery, and where necessary, provide the necessary information from them to deliver your parcel successfully. Our delivery partners are following strict government guidelines for the safe and secure delivery of orders. 

Please note deliveries may be delayed. A signature may not be required and couriers may provide photo evidence of delivery. If you are unavailable at the time of delivery and have not selected a delivery preference, your parcel will be left in a safe place by default (such safe place is determined  by the courier) or left with a neighbour. The courier will attempt to make delivery the next working day if cannot to do it successfully on the initial visit. 

If you are still unable to locate your parcel, please email our Customer Experience Team at customer.service@nerses.world with your order number and tracking number. In the case that the delivery has been lost, damaged in transit or is missing item(s), NERSES will open an investigation with the courier on your behalf. Per industry standard practice, you will be required to complete a Declaration Form which enables NERSES to open the investigation with the courier. This will be sent to you via email by the Customer Experience team. We are unable to open an investigation without a completed Declaration Form. NERSES will await the outcome of the courier investigation and use information from our distribution centres and/or store network to solve your claim properly. This can take 10 business days and longer during busier periods. All claims will be evaluated individually and outcomes are made according to the delivery and returns policies, the terms of sale and the findings of the courier investigation. NERSES cannot accept liability for claims where sufficient evidence of successful delivery to the correct address has been demonstrated by the courier. For the avoidance of doubt, this also includes evidence of (without limitation) safe place delivery, photographic evidence, geolocation and courier adherence to customer delivery preferences.