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Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to NOKA HOME! The terms “we”, “us”, and “our” refer to Nikita Smolenskyi Noka Home (trading as NOKA HOME). We operate this website and store, offering our curated shopping experience, information, and services (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By visiting our site and/or purchasing something from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional policies referenced herein such as our Privacy Policy and Refund Policy. 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.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or province of residence. To use our Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
SECTION 2 - OUR PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your computer monitor's display of any color will be perfectly accurate.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We also reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS AND CONSUMER RIGHTS
When you place an order, you are making an offer to purchase. NOKA HOME reserves the right to accept or decline your order at its discretion. An order is only accepted once we send an order confirmation and process your payment.
EU Right of Withdrawal: If you are a consumer residing within the European Union, you have a statutory right to withdraw from your purchase within 14 days without giving any reason, in accordance with EU Consumer Rights Directives. For full details on how to exercise this right, please review our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, unless expressly agreed upon in writing.
SECTION 4 - PRICES AND BILLING
Prices for our products are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices are inclusive of applicable VAT but do not include shipping, which is calculated at checkout.
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 so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates and while we strive to meet them, we cannot guarantee exact delivery dates due to factors beyond our control (such as carrier delays or customs processing). Risk of loss and title for items purchased from us pass to you upon our delivery to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, and designs, are owned by NOKA HOME, its affiliates, or licensors, and are protected by Polish, European Union, and international copyright and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any of the material on our Services without our prior written consent. Unauthorized use may violate intellectual property laws.
SECTION 7 - THIRD-PARTY LINKS AND TOOLS
We may provide you with access to third-party tools or link to third-party websites over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such materials "as is" and "as available" without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or websites.
SECTION 8 - USER FEEDBACK
If you submit specific submissions or send creative ideas, suggestions, proposals, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to pay compensation for any comments or to respond to them.
SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, 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 is inaccurate at any time without prior notice.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, or regional regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; or (g) to upload viruses or malicious code.
SECTION 11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Statutory Rights Acknowledgment: Nothing in these Terms limits or excludes your statutory rights as a consumer under applicable Polish and EU laws, including your right to a 2-year statutory warranty (rękojmia) for defective goods.
To the fullest extent permitted by applicable law, and subject to your statutory consumer rights, the Services and products are provided 'as is'. NOKA HOME, our directors, employees, and affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages of any kind, including lost profits or loss of data, arising from your use of the Services.
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NOKA HOME and our partners, officers, employees, and service providers from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - GOVERNING LAW
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 Poland. Any disputes shall be subject to the jurisdiction of the competent courts of Poland, without prejudice to the mandatory consumer protection rights applicable in your country of residence within the EU.
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
NOKA HOME
Noka Home
św. Filipa 23/3
31-150 Kraków
Poland
Email: contact@nokahome.shop
