1.General
These General Terms and Conditions of niiro Website & Online Store niiro.eu are compiled in accordance with the Consumer Protection Act (ZVPot) of the Republic of Slovenia, the Personal Data Protection Act (ZEKom-1) of the Republic of Slovenia and the Law on Electronic Communications (ZEKom-1), also of the Republic of Slovenia.
The Website and its contents are designed, operated and administered by Niiro; Rosanna Raljević Ceglar, with its registered office in Salvador Alliende 1, 6310 Izola, Slovenia, registration number: 2466643000, TAX no. 68861672.
Please read the General Terms and Conditions carefully, together with the Privacy and Cookie Policy, before using niiro.eu Website & Online Store. The access to and use of this Website as well as the purchase of products on our Online Store are based on the assumption that these General Terms and Conditions & Privacy and Cookie Policy have been read, understood and accepted by you. Should you not agree to all or part of our General Terms and Conditions & Privacy and Cookie Policy please do not use our Website & Online Store.
We may amend or update all or part of General Terms and Conditions & Privacy and Cookie Policy at any time due to new laws and regulations or other reasons. The new General Terms and Conditions & Privacy and Cookie Policy shall be effective as of the date of publication on our Website & Online Store.
If you need any assistance or additional information, please contact info@niiro.eu.
2. Terms of Access and Use
2.1. User Age
The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
2.2. Registration and Subscription to the Services
You may register for, or subscribe to, our services as available from time to time on the Website.
When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, niiro.eu will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
2.3. Duration and Termination
Your registration for, or subscription to our Services and/or E-newsletter will be effective upon successful completion of the registration or subscription process.
You may terminate your registration for, or subscription to our Services and/or E-newsletter at any time at your sole discretion without reason, by sending an e-mail to info@niiro.eu or by clicking the unsubscribe link in the newsletter you have received. We will confirm to you the cancellation of your registration or subscription.
We may immediately terminate your registration or subscription, or suspend it, at any time and at our sole discretion, in the event of any material breach by you of these General Terms and Conditions, without prejudice to any other remedies provided by the applicable law. We will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your account will be deactivated.
2.4. Electronic Services
Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
2.5. Intellectual Property Rights
Niiro 's contents, including but not limited to, information, distinctive designs and signs, works, images, photographs, illustrations, pictures, dialogues, music, sounds, videos, documents, texts, figures, logos, trademarks, distinctive elements so-called trade dress or any other material available on the website in any format, including menus, web pages, graphics, colours, schemes, tools, fonts, design of the Website & Online Store, diagrams, layouts, methods, processes, functions and software, which are part of the website, are protected by copyright and by any other intellectual property right of niiro.eu and/or of the relevant right-holders. Niiro; Rosanna Raljević Ceglar has the exclusive right to authorize or prohibit any reproduction (whether direct and indirect, temporary or permanent or by any other mean or in any form, in whole or in part) of the website and its contents.
The reproduction, wholly or in part, in any form whatsoever, of the website and of its contents is not allowed without the prior written consent from Niiro; Rosanna Raljević Ceglar or by the authors of the work posted on the Website & Online Store. Niiro; Rosanna Raljević Ceglar and the authors of works posted on the website are at any time entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may prejudice the honour and reputation of the authors.
As far as the use of the website is concerned, you are only authorised to display the Website & Online Store and its contents. You are also authorised to carry out all the other temporary acts of reproduction which are transient or incidental and an integral and essential part of displaying website and its contents and which have no independent economic significance. You are also authorised to surf on the Website & Online Store for the lawful use of the website and its contents.
2.6. Submitted Material
You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to niiro.eu through this Website or by other means (the "Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to niiro.eu a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
Niiro.eu is not required or will not be required in the future to: (i) keep any Submitted Material confidential; (ii) pay compensation for any use of the Submitted Material or in connection to it; (iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of niiro.eu to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
Niiro retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
2.7. Links to Other Sites
This Website may contain links to other websites. Niiro.eu has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by niiro.eu e of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of niiro.eu.
2.8. Use of the Website
You are provided with access to the Website & Online Store in accordance with these General Terms and Conditions and any Orders placed by you must be placed strictly in accordance with these General Terms and Conditions.
By accessing this Website & Online Store you irrevocably understand and agree that you can communicate and operate with us only in English language.
You agree to use the Website & Online Store in a manner that does not cause harm to us, other users or third parties. We reserve the right to terminate or restrict your access to the Website & Online Store without prior notice if you violate these General Terms and Conditions or if you abuse the Website & Online Store or access or use them to an unusual extent. We are entitled to prevent access if we have reason to believe that you are engaged in illegal activity or compromise other users or our data security or privacy.
We may suspend the Website & Online Store where and when necessary, for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website & Online Store or offering it to the public at our sole discretion.
You consent to being automatically redirected to localized version of the Website & Online Store which is closer to your location, if such possibility exists.
2.9. Limitation of Liability
Niiro.eu shall under no circumstances be held liable for any actual, indirect, direct, incidental or any other damage or loss, whatever its nature, arising out of or in connection with the use of the Website & Online Store and its content.
Niiro.eu is released from its obligation to deliver in the event of a case of force majeure.
Niiro.eu disclaims all responsibility for incorrect or inappropriate use of its products ordered by customers.
3. Terms of Sale
The following Terms of Sale govern the offer and sale of products on our Website & Online Store (“the website”). The products purchased on the website are sold directly by Niiro.
3.1. General Provisions
The sale of Products under these General Terms is only available to consumers being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
The language used to enter any contract of sale through this Website is defined by the language of this website.
Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with Clients will be archived by Niiro for the retention period required by applicable law.
3.2. Product Description and Characteristics
The main characteristics and description of each product are shown on our Website & Online Store on each product page at product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website & Online Store are correct at the time when the relevant information was entered into the system. Although we aim to keep the Website & Online Store as up to date as possible, the information including product Descriptions appearing on this Website & Online Store at a particular time may not always reflect the situation exactly at the moment you place an Order. Should a product you ordered from us appear to be contrary to the product description provided, your sole remedy is to return the product(s) under these General Terms and Conditions. We cannot confirm the price and any other component of product description until your Order is accepted in accordance with our Order Confirmation and Acceptance Policy.
The images and colours of products offered for sale are as representative as possible, but may not exactly correspond to the real products, due to the internet browser and/or monitor used.
We only use fair trade, sustainable, organic and recycled fabrics to create our products. These fabrics are produced in different batches and by various producers, therefore they may have irregularities, small imperfections and one batch may be different from the next, which reflects also in differences in our products.
3.3. Data Check
When you purchase items on this website, we reserve the right to run some checks before we dispatch your Order. These checks may include but are not limited to the following: verifying your address, authenticate your identity, verify your credit-card number and your creditworthiness, and checking for fraud. By submitting your Order, you agree to this.
3.4. Placing an Order and Purchasing Process
If you want to buy chosen products, please read carefully these General Terms and Conditions & Privacy and Cookie Policy. If you do not accept the Terms and Conditions, you cannot make a purchase and you can leave the Website & Online Store at any time.
To place an Order for the purchase of one or more products, you must fill out and submit the online Order form. The technical steps required for concluding the purchase are as follows.
Browse our Online Store; our products are divided into specific groups. Once you click on a group, all products within such group shall appear. Once you click on a product, a product description shall appear. Product description shall consist of product material/s, its price and a short description. Products can be viewed from different angles, through different pictures. You can click on "size chart" to see measures and choose the size by ticking on the appropriate size.
You can add any product you wish to buy into the cart, by clicking "Add to cart". Chosen products can be reviewed by clicking on the cart at the right top side of the Online Store. You can remove any chosen product by clicking on the cart and then clicking on the button "remove" besides the product you want to remove. The cart shall automatically add up (or amend) your total purchase price. Be sure to check quantities and selected products before placing an Order.
If you do not wish to make an Order you can click on the Online Store logo or any group of products and you will leave the cart without placing an Order.
If you want to place an Order, please click on “Proceed to checkout and accept terms” and “Pay Now”.
Once you place an Order, it shall be treated in accordance with Section “Order Confirmation and Acceptance Policy”.
3.5. Order Confirmation and Acceptance Policy
Our Online Store constitutes an invitation to place offers for purchase of our products. By placing your Order and paying the purchase price and related costs, you make an offer to us to buy our products. Confirmation of receipt of your Order shall be sent to you by e-mail promptly upon making an Order.
Confirmation of receipt of your Order does NOT mean that your Order is accepted, but merely that you successfully placed your Order, that we have received it and that we need to review it. In case of a change of price, product description or lack of stock, we will always contact you first to ensure that the changes are acceptable for you. Confirmation of receipt of your Order shall include your Order details containing list of purchased products, invoice, basic information from product description, purchase price and taxes.
We may also require additional verifications or information before accepting any Order.
After or together with the Confirmation of receipt of your Order, we will send you an Acceptance of your Order. Acceptance of your Order constitutes binding Agreement and shall include a list of purchased products, basic information from product description, purchase price and taxes, invoice, delivery information as well as our General Terms and Conditions.
By receiving the Acceptance of your Order you have successfully placed your Order and the Agreement between you and us is deemed concluded.
3.6. Non-Acceptance of Order
You will be informed about non-acceptance of your Order to your contact e-mail.
Non-acceptance of your Order may be a result of one of the following:
• The product you ordered being unavailable from stock.
• Our inability to obtain authorization for your payment.
• The identification of a pricing or product description error.
• Customs or shipping limitations for your country.
• You not meeting the eligibility criteria (e.g. age) set out in our General Terms and Conditions.
• You not providing additional verifications or information.
In case of non-acceptance of your Order, your payment (if any) shall be refunded within the shortest possible timeframe, but no later than within fourteen (14) days following notice of non-acceptance.
We strive to achieve the best possible user experience. We however cannot guarantee that your Order will be received and/or accepted. We are not in any way liable to you in such event.
3.7. Payment Methods
Customers can carry out payment for their Order on our Online Store by credit card or PayPal. We accept payments made with the following credit cards: Visa, MasterCard, American Express, Discover.
The customer guarantees niiro.eu that they have all the authorizations required and the required capacity to use the chosen method of payment. Card fraud is illegal and will lead to prosecution in all cases.
By placing an Order in our Online Store you authorize niiro.eu to process a charge on your credit card for the amount of the total Order price for the goods which you have purchased.
The transactions will be debited from the Client’s credit card only after: (i) the credit card data has been verified; (ii) the authorisation to debit the card has been received from the issuer of the card used by the customer, (iii) the availability of the product has been confirmed, and (iv) no other circumstances calling for the non-acceptance of Order exist.
No debit shall be made at the moment of Order placement, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the Order has been executed, the said temporary charge will be cancelled and replaced just by the amount due by the customer. Moreover, also in case the Order is cancelled, this temporary charge will be cancelled as well.
All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. In the event that, for any reason, it is impossible to debit the due amount, the contract will not be concluded and the Order will be cancelled (non-confirmed).
3.8. Prices
The applicable price of a product is that displayed in the Online Store on the date of placing of the Order by the customer. Prices are subject to change. Always check the final price of sale before sending the relevant Order form. All prices in the Online Store are in EUR.
3.9. Other Related Costs
VAT
The prices for products dispatched to EU destinations include the value added tax VAT of 22%.
Public charges
The prices for products dispatched to destinations outside EU do not include customs charges for import, any taxes (sales, use tax etc.) and other possible public charges. It is your own responsibility to pay such taxes if your shipping is to be made outside EU. All prices are subject to public charges determined by the authorities, pursuant to the legislation in force from time to time. Please note that the public charges (additional customs, duties, taxes, brokerage charges etc.) may however apply depending on the shipping destination. Please note that we are not responsible for such charges, unless explicitly stated otherwise above.
Bank Fees
Please note that bank wire transfers may require additional bank transfer fees, which cannot be estimated at the time of making a purchase. It is your own responsibility to pay such costs in accordance with the agreement that you have with your bank.
Late payment interest
We only dispatch products once we have received cleared payment. If for some reason there is a debt on your account, we charge legal interest rate and reserve the right to set off any such amount with the payment for new ordered products.
3.10 Shipping and Delivery Times
For all purchases we offer international delivery according to the price list of Pošta Slovenija, which includes all management costs for any Order of any size. Orders will be delivered by Pošta Slovenija to the address given by the customer in the online purchase process. Products will usually ship within one business week after the day your Order is accepted, except on the pre-orders.
Estimated average delivery time shall be 7 - 21 working days.
Shipping and delivery times may vary depending on the product, its availability, the country of delivery, carrier's terms and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees. In case of holiday rushes, we reserve the right to add a few additional days to the shipping times.
Once you place an Order, you accept the terms and conditions of our carriers. For more information please see carrier's General Terms and Conditions available at Pošta Slovenija or contact info@ niiro.eu.
In case of discrepancies between these General Terms and Conditions and carrier’s terms, these General Terms and Conditions shall prevail. When the product has not been delivered within 2 months after the date of acceptance of Order, your sole remedy shall be the right to cancel your Order by sending us e-mail to info@ niiro.eu. Should you decide to do so, you will be refunded within three (3) business days following the notice of cancellation. If after receiving the refund you have received the ordered product, you are entitled to keep it at no extra charge.
4. Return Policy
4.1 Cancellations Before Dispatch
We grant our customers the opportunity to cancel their Order before shipping. Conversely, once validated, an Order can no longer be modified. The customer has to notify us by info@niiro.eu as quickly as possible after validation of the Order. If the Order has not yet been dispatched, we will register the cancellation of the Order. The customer will then be refunded fully using the same means of payment used for the initial transaction.
We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 EUR (which is paid to PayPal Inc.).
If, upon notification by the customer, the goods have already been dispatched, our Return policy applies.
4.2 Returns and Exchanges
We hope you will be satisfied with the goods purchased on our Online Store. However, our customers are entitled to cancel their Order and return the products after giving a formal written notice of return within fourteen (14) days withdrawal period following the delivery date of the goods. For all exchanges, returns or refunds you must notify us via info@ niiro.eu within the withdrawal period. When no notice is received, we will consider your acceptance of goods as final.
All return shipping costs inherent on returning the products will be covered by the customer. Please do not forget to inform the transportation carrier that the goods you are sending back are a return.
Please deliver the returned products to the following address:
NIIRO, Rosanna Raljević Ceglar
Salvador Alliende 1
6310 Izola
Slovenija
We accept returns of our products only if the item is still in its original condition and from the original delivery address. This means the product(s) has not been used, worn, washed or damaged. It still has all the labels & identification tags attached. It should also be returned in its original packaging complete with any accessories sent together with the products.
You are responsible for the products until they reach us again, so please make sure you pack them in with care and ship securely. Please take care that the goods are adequately protected in transit, since you will be liable for damage to them until we receive them at our return address. Returns that are damaged or soiled may not be accepted and may be sent back to the customer (at your expense) and/or you may be refused a refund. We reserve the right to claim a compensation for possible damage occurring to returned products.
There is no charge to exchange an item for a different size or colour. All size and colour exchanges depend on stock availability. Transportation needs to be arranged, at customer’s expense, by the customer and shipping costs to the customer are covered by us. Please be sure to note clearly on the transportation form that the item is being sent back as an exchange, otherwise additional costs at the customs might incur. We have no control on import taxes and duties. Please also note clearly the country in which you are based, as we charge to re-deliver an item that has been incorrectly addressed.
Upon acceptance of the products for exchange, we will send an email notification to the customer and the replacement will be processed within seven (7) working days. The item will be shipped upon availability. Please note that exchanges made to destinations outside of the European Union might be subject to the same customs procedures, therefore they might be subject to duty and tax again. To avoid this please do keep all your original import duties and taxes documents in case you might need to prove to customs clearance you already paid all charges. We have no control whatsoever over additional charges in relation to customs clearance and import duties and taxes.
4.3 Refunds
Once we receive and approve the returned products to be in the original condition, we will reimburse you all payments received (the value of the returned goods at the time of purchase) within three (3) business days.
We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 EUR (which is paid to PayPal Inc.).
In case the returned product is not in the original condition and therefore cannot be resold, we reserve the right to refuse the refund or to claim partial repayment of the price of the product.
Reimbursement shall be carried out through the same means of payment as you used for the initial transaction.
Please note card refunds may take up to thirty (30) business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
Outside the European Union, customs duties, sales taxes and exchange rates are non-refundable through us. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned products.
4.4 Damaged or Non-Conforming Products
Products are regularly inspected before shipping to ensure they are in perfect condition and they comply with the product description & characteristics stated on our Website & Online Store.
If you receive a damaged product, please inspect the packaging to determine whether it was damaged in transit. If this is the case, please e-mail us within 48 hours. It is important that you keep the packaging in which we sent it to you, and it is helpful if you can send us a photograph and/or video of the damage to the product and the packaging.
Should you consider, upon delivery, that a product is damaged (and was so prior to transit) or does not comply with the provided product description & characteristics, you must immediately, but no later than within 2 (two) weeks after such finding, notify us via info@niiro.eu. Failure to notify us of such finding within 2 (two) weeks will imply your forfeiture to your right of complaint.
In your notification you should clearly state and describe the damage or non-conformance of the product, your Order number, and provide picture or video of the product if possible.
The address for product return is:
NIIRO, Rosanna Raljević Ceglar
Salvador Alliende 1
6310 Izola
Slovenija
We shall be liable for any damage or lack of compliance which exists at the time when the product was delivered to you. We will examine the returned product carefully and will inform you by e-mail, within a reasonable period of time, as to whether your return was justified or not. In case of a justified return, we will proceed with the partial or full refund or replacement of the product based on your choice. If the damage and non-conformance was not caused by your acts or omissions, we shall replace the product free of charge, unless this is impossible. In such case we will refund the purchase price in full, including the return shipping costs. Refund shall be carried out through the same means of payment you used for the initial transaction.
The rights in this Section will not be applicable if you (or any third party under your control) have caused damage or non-conformity of the product by your actions or omissions.
4.5 Restrictions
We reserve the right to reject returns or exchanges that do not comply with the conditions and required procedures stated above. If your request for a return or exchange is not accepted, the product(s) will be shipped back to you at your expense and a refund will not be granted.
For any questions, concerns or inquiries, please email info@niiro.eu
5. Dispute Resolution and Applicable Legislation
In the event of any controversy or claim arising out of or relating to these General Terms and Conditions, or a breach thereof, the parties hereto agree first to try and settle the dispute amiably out of the court.
If the customer is a consumer (i.e. a natural person buying products for personal, family or household use, and if the consumer so wishes, Niiro, Rosanna Raljević Ceglar may consider (but shall be in no way obliged to) to try to settle the controversy or claim by mediation or any other form of alternative dispute resolution, the terms thereof to be agreed upon by both parties.
These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with EU and Slovenian law (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Slovenian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
These General Terms and Conditions of niiro Website & Online Store niiro.eu are compiled in accordance with the Consumer Protection Act (ZVPot) of the Republic of Slovenia, the Personal Data Protection Act (ZEKom-1) of the Republic of Slovenia and the Law on Electronic Communications (ZEKom-1), also of the Republic of Slovenia.
The Website and its contents are designed, operated and administered by Niiro; Rosanna Raljević Ceglar, with its registered office in Salvador Alliende 1, 6310 Izola, Slovenia, registration number: 2466643000, TAX no. 68861672.
Please read the General Terms and Conditions carefully, together with the Privacy and Cookie Policy, before using niiro.eu Website & Online Store. The access to and use of this Website as well as the purchase of products on our Online Store are based on the assumption that these General Terms and Conditions & Privacy and Cookie Policy have been read, understood and accepted by you. Should you not agree to all or part of our General Terms and Conditions & Privacy and Cookie Policy please do not use our Website & Online Store.
We may amend or update all or part of General Terms and Conditions & Privacy and Cookie Policy at any time due to new laws and regulations or other reasons. The new General Terms and Conditions & Privacy and Cookie Policy shall be effective as of the date of publication on our Website & Online Store.
If you need any assistance or additional information, please contact info@niiro.eu.
2. Terms of Access and Use
2.1. User Age
The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
2.2. Registration and Subscription to the Services
You may register for, or subscribe to, our services as available from time to time on the Website.
When registering for, or subscribing to, our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, niiro.eu will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
2.3. Duration and Termination
Your registration for, or subscription to our Services and/or E-newsletter will be effective upon successful completion of the registration or subscription process.
You may terminate your registration for, or subscription to our Services and/or E-newsletter at any time at your sole discretion without reason, by sending an e-mail to info@niiro.eu or by clicking the unsubscribe link in the newsletter you have received. We will confirm to you the cancellation of your registration or subscription.
We may immediately terminate your registration or subscription, or suspend it, at any time and at our sole discretion, in the event of any material breach by you of these General Terms and Conditions, without prejudice to any other remedies provided by the applicable law. We will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your account will be deactivated.
2.4. Electronic Services
Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
2.5. Intellectual Property Rights
Niiro 's contents, including but not limited to, information, distinctive designs and signs, works, images, photographs, illustrations, pictures, dialogues, music, sounds, videos, documents, texts, figures, logos, trademarks, distinctive elements so-called trade dress or any other material available on the website in any format, including menus, web pages, graphics, colours, schemes, tools, fonts, design of the Website & Online Store, diagrams, layouts, methods, processes, functions and software, which are part of the website, are protected by copyright and by any other intellectual property right of niiro.eu and/or of the relevant right-holders. Niiro; Rosanna Raljević Ceglar has the exclusive right to authorize or prohibit any reproduction (whether direct and indirect, temporary or permanent or by any other mean or in any form, in whole or in part) of the website and its contents.
The reproduction, wholly or in part, in any form whatsoever, of the website and of its contents is not allowed without the prior written consent from Niiro; Rosanna Raljević Ceglar or by the authors of the work posted on the Website & Online Store. Niiro; Rosanna Raljević Ceglar and the authors of works posted on the website are at any time entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may prejudice the honour and reputation of the authors.
As far as the use of the website is concerned, you are only authorised to display the Website & Online Store and its contents. You are also authorised to carry out all the other temporary acts of reproduction which are transient or incidental and an integral and essential part of displaying website and its contents and which have no independent economic significance. You are also authorised to surf on the Website & Online Store for the lawful use of the website and its contents.
2.6. Submitted Material
You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to niiro.eu through this Website or by other means (the "Submitted Material") is not considered confidential. By submitting the Submitted Material you grant to niiro.eu a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
Niiro.eu is not required or will not be required in the future to: (i) keep any Submitted Material confidential; (ii) pay compensation for any use of the Submitted Material or in connection to it; (iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of niiro.eu to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, product development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
Niiro retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
2.7. Links to Other Sites
This Website may contain links to other websites. Niiro.eu has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by niiro.eu e of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of niiro.eu.
2.8. Use of the Website
You are provided with access to the Website & Online Store in accordance with these General Terms and Conditions and any Orders placed by you must be placed strictly in accordance with these General Terms and Conditions.
By accessing this Website & Online Store you irrevocably understand and agree that you can communicate and operate with us only in English language.
You agree to use the Website & Online Store in a manner that does not cause harm to us, other users or third parties. We reserve the right to terminate or restrict your access to the Website & Online Store without prior notice if you violate these General Terms and Conditions or if you abuse the Website & Online Store or access or use them to an unusual extent. We are entitled to prevent access if we have reason to believe that you are engaged in illegal activity or compromise other users or our data security or privacy.
We may suspend the Website & Online Store where and when necessary, for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Website & Online Store or offering it to the public at our sole discretion.
You consent to being automatically redirected to localized version of the Website & Online Store which is closer to your location, if such possibility exists.
2.9. Limitation of Liability
Niiro.eu shall under no circumstances be held liable for any actual, indirect, direct, incidental or any other damage or loss, whatever its nature, arising out of or in connection with the use of the Website & Online Store and its content.
Niiro.eu is released from its obligation to deliver in the event of a case of force majeure.
Niiro.eu disclaims all responsibility for incorrect or inappropriate use of its products ordered by customers.
3. Terms of Sale
The following Terms of Sale govern the offer and sale of products on our Website & Online Store (“the website”). The products purchased on the website are sold directly by Niiro.
3.1. General Provisions
The sale of Products under these General Terms is only available to consumers being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
The language used to enter any contract of sale through this Website is defined by the language of this website.
Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with Clients will be archived by Niiro for the retention period required by applicable law.
3.2. Product Description and Characteristics
The main characteristics and description of each product are shown on our Website & Online Store on each product page at product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website & Online Store are correct at the time when the relevant information was entered into the system. Although we aim to keep the Website & Online Store as up to date as possible, the information including product Descriptions appearing on this Website & Online Store at a particular time may not always reflect the situation exactly at the moment you place an Order. Should a product you ordered from us appear to be contrary to the product description provided, your sole remedy is to return the product(s) under these General Terms and Conditions. We cannot confirm the price and any other component of product description until your Order is accepted in accordance with our Order Confirmation and Acceptance Policy.
The images and colours of products offered for sale are as representative as possible, but may not exactly correspond to the real products, due to the internet browser and/or monitor used.
We only use fair trade, sustainable, organic and recycled fabrics to create our products. These fabrics are produced in different batches and by various producers, therefore they may have irregularities, small imperfections and one batch may be different from the next, which reflects also in differences in our products.
3.3. Data Check
When you purchase items on this website, we reserve the right to run some checks before we dispatch your Order. These checks may include but are not limited to the following: verifying your address, authenticate your identity, verify your credit-card number and your creditworthiness, and checking for fraud. By submitting your Order, you agree to this.
3.4. Placing an Order and Purchasing Process
If you want to buy chosen products, please read carefully these General Terms and Conditions & Privacy and Cookie Policy. If you do not accept the Terms and Conditions, you cannot make a purchase and you can leave the Website & Online Store at any time.
To place an Order for the purchase of one or more products, you must fill out and submit the online Order form. The technical steps required for concluding the purchase are as follows.
Browse our Online Store; our products are divided into specific groups. Once you click on a group, all products within such group shall appear. Once you click on a product, a product description shall appear. Product description shall consist of product material/s, its price and a short description. Products can be viewed from different angles, through different pictures. You can click on "size chart" to see measures and choose the size by ticking on the appropriate size.
You can add any product you wish to buy into the cart, by clicking "Add to cart". Chosen products can be reviewed by clicking on the cart at the right top side of the Online Store. You can remove any chosen product by clicking on the cart and then clicking on the button "remove" besides the product you want to remove. The cart shall automatically add up (or amend) your total purchase price. Be sure to check quantities and selected products before placing an Order.
If you do not wish to make an Order you can click on the Online Store logo or any group of products and you will leave the cart without placing an Order.
If you want to place an Order, please click on “Proceed to checkout and accept terms” and “Pay Now”.
Once you place an Order, it shall be treated in accordance with Section “Order Confirmation and Acceptance Policy”.
3.5. Order Confirmation and Acceptance Policy
Our Online Store constitutes an invitation to place offers for purchase of our products. By placing your Order and paying the purchase price and related costs, you make an offer to us to buy our products. Confirmation of receipt of your Order shall be sent to you by e-mail promptly upon making an Order.
Confirmation of receipt of your Order does NOT mean that your Order is accepted, but merely that you successfully placed your Order, that we have received it and that we need to review it. In case of a change of price, product description or lack of stock, we will always contact you first to ensure that the changes are acceptable for you. Confirmation of receipt of your Order shall include your Order details containing list of purchased products, invoice, basic information from product description, purchase price and taxes.
We may also require additional verifications or information before accepting any Order.
After or together with the Confirmation of receipt of your Order, we will send you an Acceptance of your Order. Acceptance of your Order constitutes binding Agreement and shall include a list of purchased products, basic information from product description, purchase price and taxes, invoice, delivery information as well as our General Terms and Conditions.
By receiving the Acceptance of your Order you have successfully placed your Order and the Agreement between you and us is deemed concluded.
3.6. Non-Acceptance of Order
You will be informed about non-acceptance of your Order to your contact e-mail.
Non-acceptance of your Order may be a result of one of the following:
• The product you ordered being unavailable from stock.
• Our inability to obtain authorization for your payment.
• The identification of a pricing or product description error.
• Customs or shipping limitations for your country.
• You not meeting the eligibility criteria (e.g. age) set out in our General Terms and Conditions.
• You not providing additional verifications or information.
In case of non-acceptance of your Order, your payment (if any) shall be refunded within the shortest possible timeframe, but no later than within fourteen (14) days following notice of non-acceptance.
We strive to achieve the best possible user experience. We however cannot guarantee that your Order will be received and/or accepted. We are not in any way liable to you in such event.
3.7. Payment Methods
Customers can carry out payment for their Order on our Online Store by credit card or PayPal. We accept payments made with the following credit cards: Visa, MasterCard, American Express, Discover.
The customer guarantees niiro.eu that they have all the authorizations required and the required capacity to use the chosen method of payment. Card fraud is illegal and will lead to prosecution in all cases.
By placing an Order in our Online Store you authorize niiro.eu to process a charge on your credit card for the amount of the total Order price for the goods which you have purchased.
The transactions will be debited from the Client’s credit card only after: (i) the credit card data has been verified; (ii) the authorisation to debit the card has been received from the issuer of the card used by the customer, (iii) the availability of the product has been confirmed, and (iv) no other circumstances calling for the non-acceptance of Order exist.
No debit shall be made at the moment of Order placement, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the Order has been executed, the said temporary charge will be cancelled and replaced just by the amount due by the customer. Moreover, also in case the Order is cancelled, this temporary charge will be cancelled as well.
All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery. In the event that, for any reason, it is impossible to debit the due amount, the contract will not be concluded and the Order will be cancelled (non-confirmed).
3.8. Prices
The applicable price of a product is that displayed in the Online Store on the date of placing of the Order by the customer. Prices are subject to change. Always check the final price of sale before sending the relevant Order form. All prices in the Online Store are in EUR.
3.9. Other Related Costs
VAT
The prices for products dispatched to EU destinations include the value added tax VAT of 22%.
Public charges
The prices for products dispatched to destinations outside EU do not include customs charges for import, any taxes (sales, use tax etc.) and other possible public charges. It is your own responsibility to pay such taxes if your shipping is to be made outside EU. All prices are subject to public charges determined by the authorities, pursuant to the legislation in force from time to time. Please note that the public charges (additional customs, duties, taxes, brokerage charges etc.) may however apply depending on the shipping destination. Please note that we are not responsible for such charges, unless explicitly stated otherwise above.
Bank Fees
Please note that bank wire transfers may require additional bank transfer fees, which cannot be estimated at the time of making a purchase. It is your own responsibility to pay such costs in accordance with the agreement that you have with your bank.
Late payment interest
We only dispatch products once we have received cleared payment. If for some reason there is a debt on your account, we charge legal interest rate and reserve the right to set off any such amount with the payment for new ordered products.
3.10 Shipping and Delivery Times
For all purchases we offer international delivery according to the price list of Pošta Slovenija, which includes all management costs for any Order of any size. Orders will be delivered by Pošta Slovenija to the address given by the customer in the online purchase process. Products will usually ship within one business week after the day your Order is accepted, except on the pre-orders.
Estimated average delivery time shall be 7 - 21 working days.
Shipping and delivery times may vary depending on the product, its availability, the country of delivery, carrier's terms and other possible practical factors. Please bear in mind that the stated shipping and delivery times are averages, but not guarantees. In case of holiday rushes, we reserve the right to add a few additional days to the shipping times.
Once you place an Order, you accept the terms and conditions of our carriers. For more information please see carrier's General Terms and Conditions available at Pošta Slovenija or contact info@ niiro.eu.
In case of discrepancies between these General Terms and Conditions and carrier’s terms, these General Terms and Conditions shall prevail. When the product has not been delivered within 2 months after the date of acceptance of Order, your sole remedy shall be the right to cancel your Order by sending us e-mail to info@ niiro.eu. Should you decide to do so, you will be refunded within three (3) business days following the notice of cancellation. If after receiving the refund you have received the ordered product, you are entitled to keep it at no extra charge.
4. Return Policy
4.1 Cancellations Before Dispatch
We grant our customers the opportunity to cancel their Order before shipping. Conversely, once validated, an Order can no longer be modified. The customer has to notify us by info@niiro.eu as quickly as possible after validation of the Order. If the Order has not yet been dispatched, we will register the cancellation of the Order. The customer will then be refunded fully using the same means of payment used for the initial transaction.
We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 EUR (which is paid to PayPal Inc.).
If, upon notification by the customer, the goods have already been dispatched, our Return policy applies.
4.2 Returns and Exchanges
We hope you will be satisfied with the goods purchased on our Online Store. However, our customers are entitled to cancel their Order and return the products after giving a formal written notice of return within fourteen (14) days withdrawal period following the delivery date of the goods. For all exchanges, returns or refunds you must notify us via info@ niiro.eu within the withdrawal period. When no notice is received, we will consider your acceptance of goods as final.
All return shipping costs inherent on returning the products will be covered by the customer. Please do not forget to inform the transportation carrier that the goods you are sending back are a return.
Please deliver the returned products to the following address:
NIIRO, Rosanna Raljević Ceglar
Salvador Alliende 1
6310 Izola
Slovenija
We accept returns of our products only if the item is still in its original condition and from the original delivery address. This means the product(s) has not been used, worn, washed or damaged. It still has all the labels & identification tags attached. It should also be returned in its original packaging complete with any accessories sent together with the products.
You are responsible for the products until they reach us again, so please make sure you pack them in with care and ship securely. Please take care that the goods are adequately protected in transit, since you will be liable for damage to them until we receive them at our return address. Returns that are damaged or soiled may not be accepted and may be sent back to the customer (at your expense) and/or you may be refused a refund. We reserve the right to claim a compensation for possible damage occurring to returned products.
There is no charge to exchange an item for a different size or colour. All size and colour exchanges depend on stock availability. Transportation needs to be arranged, at customer’s expense, by the customer and shipping costs to the customer are covered by us. Please be sure to note clearly on the transportation form that the item is being sent back as an exchange, otherwise additional costs at the customs might incur. We have no control on import taxes and duties. Please also note clearly the country in which you are based, as we charge to re-deliver an item that has been incorrectly addressed.
Upon acceptance of the products for exchange, we will send an email notification to the customer and the replacement will be processed within seven (7) working days. The item will be shipped upon availability. Please note that exchanges made to destinations outside of the European Union might be subject to the same customs procedures, therefore they might be subject to duty and tax again. To avoid this please do keep all your original import duties and taxes documents in case you might need to prove to customs clearance you already paid all charges. We have no control whatsoever over additional charges in relation to customs clearance and import duties and taxes.
4.3 Refunds
Once we receive and approve the returned products to be in the original condition, we will reimburse you all payments received (the value of the returned goods at the time of purchase) within three (3) business days.
We cannot amend PayPal orders without charging an administration fee, which will be up to 10.00 EUR (which is paid to PayPal Inc.).
In case the returned product is not in the original condition and therefore cannot be resold, we reserve the right to refuse the refund or to claim partial repayment of the price of the product.
Reimbursement shall be carried out through the same means of payment as you used for the initial transaction.
Please note card refunds may take up to thirty (30) business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
Outside the European Union, customs duties, sales taxes and exchange rates are non-refundable through us. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned products.
4.4 Damaged or Non-Conforming Products
Products are regularly inspected before shipping to ensure they are in perfect condition and they comply with the product description & characteristics stated on our Website & Online Store.
If you receive a damaged product, please inspect the packaging to determine whether it was damaged in transit. If this is the case, please e-mail us within 48 hours. It is important that you keep the packaging in which we sent it to you, and it is helpful if you can send us a photograph and/or video of the damage to the product and the packaging.
Should you consider, upon delivery, that a product is damaged (and was so prior to transit) or does not comply with the provided product description & characteristics, you must immediately, but no later than within 2 (two) weeks after such finding, notify us via info@niiro.eu. Failure to notify us of such finding within 2 (two) weeks will imply your forfeiture to your right of complaint.
In your notification you should clearly state and describe the damage or non-conformance of the product, your Order number, and provide picture or video of the product if possible.
The address for product return is:
NIIRO, Rosanna Raljević Ceglar
Salvador Alliende 1
6310 Izola
Slovenija
We shall be liable for any damage or lack of compliance which exists at the time when the product was delivered to you. We will examine the returned product carefully and will inform you by e-mail, within a reasonable period of time, as to whether your return was justified or not. In case of a justified return, we will proceed with the partial or full refund or replacement of the product based on your choice. If the damage and non-conformance was not caused by your acts or omissions, we shall replace the product free of charge, unless this is impossible. In such case we will refund the purchase price in full, including the return shipping costs. Refund shall be carried out through the same means of payment you used for the initial transaction.
The rights in this Section will not be applicable if you (or any third party under your control) have caused damage or non-conformity of the product by your actions or omissions.
4.5 Restrictions
We reserve the right to reject returns or exchanges that do not comply with the conditions and required procedures stated above. If your request for a return or exchange is not accepted, the product(s) will be shipped back to you at your expense and a refund will not be granted.
For any questions, concerns or inquiries, please email info@niiro.eu
5. Dispute Resolution and Applicable Legislation
In the event of any controversy or claim arising out of or relating to these General Terms and Conditions, or a breach thereof, the parties hereto agree first to try and settle the dispute amiably out of the court.
If the customer is a consumer (i.e. a natural person buying products for personal, family or household use, and if the consumer so wishes, Niiro, Rosanna Raljević Ceglar may consider (but shall be in no way obliged to) to try to settle the controversy or claim by mediation or any other form of alternative dispute resolution, the terms thereof to be agreed upon by both parties.
These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with EU and Slovenian law (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Slovenian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
