Your farming friend - Nelson Garden
  • pomoc@nelsongarden.pl
  • 22 307 86 32

Terms and conditions

26 November 2020

1. GENERAL

1.1 We are happy to see that you are interested in our products. We have made these terms and conditions, set out below, to explain the terms applied when you purchase a product from us on our Website. We are a limited liability company incorporated under the laws of Sweden named Nelson Garden AB, with Swedish company registration number 556127-6071, address of registered seat: Lokgatan 11, 362 31 Tingsryd, Sweden, e-mail address: pomoc@nelsongarden.pl (“Nelson Garden”, “us” or “we”). We develop and sell the products featured on our website, https://www.nelsongarden.pl the “Website”). You can read more about, and purchase, our products on the Website.

1.2 These terms and conditions of sale (the “Terms”) apply between Nelson Garden and you as a customer (“you”), when you place an order from us on the Website. Your terms and conditions (if any) shall not apply, even if we do not explicitly object to them.

1.3 By accepting these Terms, you hereby confirm that you have read, understood and agree to be bound by these Terms when purchasing our products available from the Website and that you have the legal capacity to do so. You also accept that the personal data and information that you provide us are correct and complete.

1.4 The inclusion of any products the Website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to discontinue any product at any time.

1.5 We reserve the right to amend these Terms from time to time, should serious reasons warrant so, that is: (a) change in legislation applicable to us; (b) change of our legal or organizational status; (c) change in the functionality of our Website, which requires the adjustment of provisions of these Terms. We will notify you about each change in the Terms by sending a notification to an email address provided by you. You will be bound by the amended version of the Terms if you do not terminate them within 14 days after being notified about their change. Amendment of the Terms, in so far as it pertains to contracts concluded prior to the amendment, as well as to orders placed prior to that date, does not impact their terms and conditions.

2. ORDER, ORDER CONFIRMATION AND REFUND

2.1 You place an order on the Website by selecting the products and quantity you wish to order. After you have selected the products you fill in your contact information required such as your name, email address, phone number, address and delivery address (collectively your “contact information”). You must also select the delivery method for your order. When all necessary information is filled in you click the “To checkout” button, and, in order to complete the order and make the payment, you must subsequently click the “Complete purchase” button. Your order will be regarded as complete when you have fulfilled the steps mentioned above.

2.2 Shortly after you have placed an order with us, in any event no later than within 2 hours from when you placed it, we will email you an order confirmation, meaning that we have accepted your order and that the purchase contract was concluded. If your order is incomplete or if we cannot meet your order, we will ask you to add or adjust the order.

2.3 When you have received the order confirmation the order is binding. You can withdraw your order until it has been confirmed, and you have the right to be refunded for any payments made to us due to such withdrawn order. The right to withdraw the order does not impact your right to withdraw a distance contract, in accordance with applicable law.

2.4 We are obliged to deliver you products free from defects.

2.5 If the ordered product is sold out, we reserve the right to cancel the order, and you will be refunded for payments made to us due to the cancelled order.

2.6 If you have any questions regarding your order or refund, please contact us at pomoc@nelsongarden.pl stating your order number and contact information.

3. PAYMENT Methods AND FEES

3.1 Available payment methods and terms are presented on the Website. You can pay when placing an order on the Website by using debit and credit cards (e.g. Visa and MasterCard). If your payment is not confirmed, your order will not be accepted. You can also pay by using the services provided by our partner Dotpay.

3.2 Current prices and fees are available on the Website. All prices are in the stated currency and include VAT.

3.3 Shipping and payment fees are stated separately as they are not included in the prices. Local charges such as, but not limited to, currency conversion fees, custom fees and taxes may apply depending on your location, such charges will not be refunded and are at your sole expense.

4. SHIPPING AND TIME OF DELIVERY

4.1 The expected time of delivery is found on the Website and in the order confirmation.

4.2 We will inform you promptly of any delay in delivery. If the delivery of your order is delayed more than thirty (30) days from the date stated in the order confirmation and the delay is not on your part, you may cancel your order in writing to pomoc@nelsongarden.pl. You will be refunded for any payments made to us due to such cancelled order and if we ask you to send back any late delivered products of the cancelled order you will also be refunded for any shipping costs due to the return.

4.3 Depending on the delivery method you have chosen you may have to pick up your order at a delivery point stated in the notification of delivery. If your delivery is not picked up in time, you may have to pay a late pick up fee and the order may be sent back to us at your expense and we may charge you for the return and/or cancel your order.

5. Return policy 

5.1 You always have the right to withdraw from your order within 14 days without giving any reason by notifying us, preferably by sending an email to pomoc@nelsongarden.pl. The withdrawal period is counted from the day of the delivery of the last product(s) in your order.

To exercise your right of withdrawal, you must inform us (Nelson Garden AB, Lokgatan 11, 362 31 Tingsryd, Sweden, telephone: +48 22 307 86 32, e-mail address: pomoc@nelsongarden.pl) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post to Nelson Garden AB, Lokgatan 11, 362 31 Tingsryd, Sweden or by e-mail to pomoc@nelsongarden.pl, whereby we recommend e-mail contact). You can use a contract withdrawal form which we will provide you with, however there is no obligation to use this exact form. To observe the withdrawal period, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

5.2 You will not have the right to withdraw from the contract, if you ordered items, which may become spoiled quickly or have a short use by date. You will also not have the right to withdraw from the contract, if the items were shipped to you in a sealed container, which upon being opened may not be returned due to reasons of protection of health or hygiene, if such container was opened after its delivery.

5.3 We will refund all payments received from you, including the costs of our standard delivery option, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw, subject to the condition that if you chose a mean of delivery which was not the cheapest one offered, we will not be obliged to refund you such additional costs of delivery. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees. We may withhold the refund until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

5.4 You shall use the return form enclosed in your order (however, use of the form is not obligatory) and send back the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you withdrew from the contract. We cover product return costs. A pre-paid return label for you to use when you send the products back together with more information is found on the Website https://www.nelsongarden.pl.

5.5 If the returned products are damaged or if the value of the products are reduced in any other way due to your handle of the products, which is determined to be excessive in relation to what was necessary to determine their character, features and functioning, such value reduction will be deducted from the refund.

6. Complaints

6.1 Complaints regarding your order and/or defected products shall be notified to us by email as soon as the defect arises at pomoc@nelsongarden.pl. We will shortly send you a confirmation of your complaint notification stating the return address along with other information if you are entitled to return the product(s). In any event we will respond to your complaint within thirty (30) days from the day on which you lodged it.

6.2 In case of defective products our statutory liability is based on statutory warranty, stemming from art. 556 et seq. of the Polish Civil Code. In such case, you have a right to withdraw from the contract or demand a reduction in price, in accordance with applicable consumer protection legislation, unless we promptly and without undue inconvenience for you remove a defect or replace the defective items. If the replacement option is not available due to unreasonable costs or other reason, we will refund you for any payments made for the product. If we ask you to return the defective products, you will also be refunded for any shipping costs due to the return. The refund will be paid to you promptly, within thirty (30) days from the date when we have received the return shipment at the latest. The refund will be paid to you with the same payment method that you used to make the payment, if not otherwise agreed (without any extra fees for you).

6.3 If you consider a purchased product defected or otherwise complaint about the order, but we do not agree with you in that matter, we have a dispute. To get this dispute heard, you may be entitled to get the dispute tried in an alternative dispute resolution. The alternative dispute resolutions that may be relevant for you are:
a/ if you are living in the European Union, you can use the European Union’s online dispute resolution at http://ec.europa.eu/odr.
b/ if you are located outside of Europe you can use the online dispute resolution stated above or contact your local authorities.

7. USE OF WEBSITE

You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.

8. PERSONAL DATA

We are responsible for the processing of the personal data needed for us to be able to deliver your products and, as the case may be, offer you support. More information about our processing of personal data and your rights as a data subject are found in our Privacy Policy.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Website and its original content, features, functionality, and design elements are and will remain our exclusive property. Our intellectual property, such as, but not limited to, trademarks, company and product names, images, design, layout and information on products may not be used in commercial purposes without our prior written consent. No intellectual property rights shall be transferred to you or any third party pursuant to these Terms or otherwise in conjunction with your order of the products.

10. DISCLAIMER

10.1 Images or other visuals on the Website are for illustrative purposes only and may not reflect the exact quantity or precise appearance of the products, their origin or function. Please view the order confirmation for the accurate product quantity of your ordered product(s).

11. ASSIGNMENT

11.1 We are entitled to assign or pledge any of our rights including claim for payment and obligations under these Terms to any third party without restriction.

12. SEVERANCE

12.1 If any provision of these Terms is held to be invalid, void or for any reason unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the substantive laws of Sweden.

 

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We hope that you will have a great experience using our products!

Contact info:
Nelson Garden AB
Lokgatan 11
362 31 Tingsryd
Sweden

pomoc@nelsongarden.pl
+48 22 307 86 32
(Monday-Friday 8.00-16.00, lunch break 11.00-12.00)

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