This document addressed to users is a formal, public and irrevocable offer by Nordic Design (hereinafter also the Company) to enter into this Agreement with regard to the provision of information and communication services and the use of information and communication technologies provided through the Nordic Design online shop (hereinafter also the “Service”, “Online Service”, “Online Store”), on the terms set out below.
Any user of the Nordic Design online shop hereby confirms that he has read, understood, accepted, accepted and fully agrees to be bound by this agreement.
A user shall be deemed to be a user from the moment of registration on the website and/or other actions related to the use of the Nordic Design online shop and until the termination of the parties’ obligations.
1. TERMS AND DEFINITIONS.
The party to the user agreement is Nordic Design, the user.
Nordic Design – NORDIC DESIGN LLC. (OGRN 1197746647988, INN 9731055121) using the website located at https://nordicdesign.store
Online shop (website) – a resource located on the Internet at https://nordicdesign.store and is the property of its owner Nordic Design. Site – a complex object of intellectual property, representing a set of programs for computers, databases, text, graphic and other information available to the user.
Services – a set of activities by Nordic Design in relation to the user for the purpose of fulfilling the terms of this agreement, the public offer for the sale and delivery of goods.
Registration is the procedure of entering the user’s data in a special form on the website, which is necessary for Nordic Design to fulfill the terms of the user agreement, the public offer for the supply of goods, under which the registered user is the beneficiary, as well as for the user to access the features of the Nordic Design online shop.
User – any capable natural person, sole proprietor or legal entity (representative of a legal entity) that has used the Nordic Design online shop.
User data – information (including surname, first name, city, address, contact phone number, e-mail address) voluntarily and knowingly provided by the user when registering on the website and required for the conclusion and performance of the user agreement, the public offer for the supply of goods, under which the registered user is a beneficiary, as well as for the user to access the features of the Nordic Design online shop.
Password – a unique sequence of characters that is determined by Nordic Design during registration on the site and used subsequently for access to personal space (personal profile) on the site.
2. WARRANTY AND REPRESENTATIONS.
2.1. Nordic Design and the user hereby represent and warrant to the other that on the date of the agreement and during the term of the agreement:
- is an entity under Russian law with all the rights and all the powers necessary to conduct business in the Russian Federation;
- has full authority to enter into this User Agreement and to perform the obligations assumed under the User Agreement;
- has taken all actions necessary to enter into and execute the user agreement and to ensure that the user agreement is legal, binding on it and enforceable against its counterparty;
- there are no outstanding issues of a legal nature, threat of litigation or other circumstances that may have an adverse effect on the party to the user agreement or its business, the party to the user agreement has not breached any material provisions of any contract or other agreement entered into by it, and there are no judgments, orders or decisions of a court, arbitration court or other governmental body that may have an adverse effect on the user
- there are no provisions in Russian law or other regulations, in contracts binding on a party to the User Agreement or property, which may violate or prevent the signing or execution of the User Agreement;
- performance of the obligations under the user agreement is an unconditional obligation of the party to the user agreement, which at least has the same priority as the other obligations of the party to the user agreement;
- all information and documents provided by a party to this user agreement to the other party in connection with this user agreement are true, true, complete, and accurate in all respects, and the party to this user agreement is not concealing any facts which, if known, would have adversely affected the other party to this user agreement;
- has sufficient information about its counterparty to the extent necessary to select such counterparty, understanding that it has sufficient resources to perform its obligations under the User Agreement;
- the obligations of the party to the user agreement under this agreement are legal, valid, enforceable and binding on the party to the user agreement, enforceable in accordance with the provisions of the user agreement.
2.2. Each party hereby acknowledges that it enters into the User Agreement in reliance on representations and warranties provided by the other party that are material to it.
3. GENERAL PROVISIONS.
3.1. Nordic Design offers its users its services and grants them the right to use the Nordic Design online store under the terms and conditions set out in this user agreement.
3.2. The use of the Nordic Design online shop is subject to this user agreement.
3.3. Any user, by using the site or any of its functionalities, hereby expresses his/her unconditional agreement with all the conditions of the user agreement and all the other conditions set out on the pages of the site, undertakes to observe them and, in the event of disagreement with any of the conditions, shall immediately cease using the Nordic Design online shop and leave the site.
3.4. This User Agreement applies to all current features of the Nordic Design online shop as well as to any development and/or addition of new services and features or modification of existing services and features.
3.5. The User acknowledges and agrees that nothing in the User Agreement shall be construed to establish any other relationship between the User and Nordic Design not expressly provided for in this User Agreement.
3.6. This User Agreement shall be governed by the laws of the Russian Federation.
3.7. Any disputes arising from this agreement and the relationship between the user and Nordic Design will be resolved under Russian law by the court at the location of Nordic Design, unless otherwise expressly provided for by Russian law.
3.8. A court ruling that any provision of this Agreement is invalid or unenforceable shall not invalidate or render unenforceable any other provision of the User Agreement.
3.9. Nordic Design’s failure to act in the event of a breach of the user agreement does not deprive Nordic Design of its right to take appropriate action to protect itself at a later date, nor does it constitute a waiver of Nordic Design’s rights in the event of similar or similar breaches at a later date.
3.10. Nordic Design reserves the right to modify and/or amend this user agreement without any special notice. The new version of the Agreement comes into force at the moment of its posting on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on this page at https://nordicdesign.store/terms/.
The silence of the user shall be deemed as consent to amendments and/or additions to the agreement.
3.11. The User agrees to the provisions of this Agreement by clicking the button, including, but not limited to, “Login” or “Register”, “Confirm Order”, “Submit”, including at any stage of such registration and/or at any time of use of the Site.
3.12. The user also confirms that he has no right to transfer his login and password to third parties, and has no right to receive login and (or) password from third parties.
3.13. The User shall notify Nordic Design immediately of any unauthorised access to their username, password and/or any breach of security of their personal account on the Nordic Design website.
3.14. Nordic Design reserves the right to delete a user’s account if the user has not used the service for a sufficiently long period of time. It is left to Nordic Design to determine the sufficiency of an account’s inactivity on a case-by-case basis.
3.15. Nordic Design accepts no liability whatsoever for any user data provided to third parties and/or other third parties when accessing the online shop.
3.16. Nordic Design is not liable for any loss and/or corruption of data that may occur due to the user’s breach of this agreement or improper access and/or use of the website.
3.17. It is up to the user to keep their password confidential. The User shall be solely responsible for all activities (as well as their consequences) within or using the online shop under the User’s account (login), including cases when the User voluntarily transfers the data for access to the User’s account to third parties on any terms (including under contracts or agreements) without the approval of Nordic Design and (or) in violation of the terms of the agreement. In this case, all activities within or using the online shop under the user account shall be deemed to be performed by the user unless the user has notified Nordic Design of any unauthorised access to the online shop using the user account and/or any breach (suspicion of breach) of the confidentiality of their password.
3.18. In order to order a service or purchase a product from the Nordic Design online shop and in order to access the features of the online shop, the user undertakes to provide true and complete information on the questions offered upon registration and necessary to fulfil Nordic Design’s obligations with respect to the service provided, the products sold and/or the user’s access to the online shop. The user undertakes to keep this information up to date.
3.20. User himself responsible to third parties for their actions in connection with the use of online store, including if such action would lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with Russian legislation when using the online store.
3.21. When using the site the user may not post any materials in any way containing viruses or other computer code, files or programs designed to disrupt the normal operation of the service and / or distribution of content that is illegal, harmful, defamatory, offensive to morality, demonstrates (or is advocating) violence and cruelty, violates intellectual property rights, advocates hatred and / or discrimination against people on racial, ethnic, gender, religious, social or other grounds.
4. INTELLECTUAL PROPERTY.
4.1. All objects accessible through the Nordic Design webshop, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as service content) and any content posted on the Nordic Design webshop are subject to the exclusive rights of Nordic Design and other rights holders.
4.2. Using the online store, including the site, any other elements of the site or their services is possible only within the functionality offered by the online store. No elements of the content of the Nordic Design online shop or any content contained on the website may be used in any other way without prior permission from the copyright holder, including Nordic Design if the latter is the copyright holder for the relevant intellectual property. Use includes, but is not limited to: reproduction, copying, processing, distribution on any basis, etc. The exception to this is when the photos published on the site are reproduced, posted on social media by users who have purchased Nordic Design products and/or are bloggers. The decision as to whether a user is a blogger or not is made by Nordic Design itself, unilaterally. The reproduction, editing, distribution of the photographs by Nordic Design published on the site is in all other cases expressly prohibited by Nordic Design and offenders will be prosecuted by Nordic Design. Any user may contact Nordic Design at any time for this or any other reason.
4.3. Nordic Design grants the user a non-exclusive, non-transferable right to use the webshop, including the website and its components, solely for the intended purpose of the webshop, provided that neither the user nor any other person acting on behalf of the user reproduces, copies or processes (modifies) them or uses any part thereof for private or commercial purposes. The non-exclusive right of use shall be granted to the user free of charge unless there is an explicit indication that certain services of the Online Shop are to be used for a fee.
4.4 The Website may contain links to other websites on the Internet (third party websites). Such third parties and their content shall not be reviewed by Nordic Design for compliance with any requirements (authenticity, completeness, legality, etc.), except where expressly provided for. Nordic Design is not responsible for any information, material on third party sites to which the user accesses using the services, including any opinions or statements expressed on third party sites, advertisements, etc., nor for the availability of such sites or content and the consequences of using them by the user.
4.5. Reference (in any form) to any site, product, service or any information of a commercial or non-commercial nature on the Site does not constitute an endorsement or recommendation of such products (services, activities) by Nordic Design except where expressly and unambiguously indicated by Nordic Design itself.
5. THE RELATIONSHIP BETWEEN THE USER AND NORDIC DESIGN REGARDING THE USE OF THE SITE.
5.1. Nordic Design provides the user with services related to the provision of access to the features of the online shop and the user accepts them. Unless otherwise stipulated by this Agreement and other documents, the services are provided to the user free of charge.
5.2. The services and software and hardware features of the site allow the user, including, but not limited to, the following actions:
5.2.1. site registration;
5.2.2. to order goods and services, information about which is available on the website;
5.2.3. to purchase goods and services, details of which are available on the website.
5.3. The User hereby acknowledges and confirms that any data (including bank card details) directly or indirectly relating to payment for Nordic Design’s services and products is posted by the User on third party websites that are not affiliated to Nordic Design. Nordic Design shall not have access to such data or perform any activities in relation to such data, including its collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction, cross-border transfer.
5.4. Unless otherwise provided for in this agreement, the user is obliged to perform any actions, perform any formality that Nordic Design considers necessary to execute the user agreement as a whole.
6. EXEMPTION FROM WARRANTIES.
6.1. The Internet Service is provided to the user on an “AS IS” basis without representation or warranty of any kind, express or implied.
6.2. Nordic Design does not guarantee that: the web service meets / will meet the user’s requirements; the web service will be uninterrupted, fast, reliable and error-free; the results that can be obtained from the use of the service will be accurate and reliable and can be used for any purpose or in any capacity (e.g. to establish and/or confirm any facts); the quality of any product, service, information, etc. obtained from the use of the service will meet the expectations.
6.3. To the maximum extent permitted by applicable law, Nordic Design as well as its partners shall not be liable in any way whatsoever for any direct and/or indirect consequences of any use of or inability to use the online shop and/or any damages (i.e. actual damages, loss of profit) caused to the user and/or third parties in connection with any use, non-use or inability to use the online shop or its individual components and/or functions, including due to possible errors or omissions.
6.4. Nordic Design has the right to make changes to the functionality of the webshop independently and unilaterally without prior notice to the user. A consequence of this may be a change in the user interface, a set of user tools for using the site. Nordic Design has the right to unilaterally terminate (temporarily or permanently) access to the service or any of its individual functionalities for all or specific users on its own, without special prior notice to the user.
6.5. Actual service coverage, speed, location and quality may vary depending on conditions of service usage. Nordic Design’s priority is to ensure that the service runs smoothly at all times. In order to achieve this goal, Nordic Design immediately corrects all deficiencies, inconsistencies in service operation as soon as possible. The user who discovers a bug or software error while using the service has the right to immediately notify Nordic Design, specifying the specific actions performed by the user immediately prior to such discovery.
6.6. Nordic Design is not responsible for the loss of data that is not delivered or is cancelled due to service, communication services or network performance issues.
6.7. Any information and/or materials (including downloadable software, any instructions and manuals, etc.), to which the User gains access through the Nordic Design online shop, the User may use at their own risk and are solely responsible for the possible consequences of using the said information and/or materials, including for any damage that this may cause to the User’s computer or third parties, for loss of data or any other damage.
6.8. Nordic Design assumes no responsibility for the quality of communication lines and/or equipment provided by third parties.
6.9. Nordic Design reserves the right, in its sole discretion, to impose restrictions on the use of the Service as a whole or certain of its services, to suspend the Service or to block certain methods of use unilaterally, without specific notice to the user. The User agrees to this manner of use of the Nordic Design service.
6.10. Nordic Design has the right to deny a user access to the service if Nordic Design has a reasonable suspicion that the user is involved, regardless of the intent to commit fraudulent and/or other illegal activities. The User agrees to this manner of use of the Nordic Design service.
6.11. Nordic Design shall not be liable for any type of loss arising from the user’s use of the Nordic Design webshop or individual parts/functions of the webshop.
7. FINAL PROVISIONS.
7.1. All disputes, controversies or claims of the Parties arising out of or in connection with this User Agreement, including those related to its performance, breach, termination or invalidity, shall be resolved through negotiations between the Parties. In case it is impossible to settle disputes in the pre-trial order, they shall be considered in the court at the location of Nordic Design, unless otherwise expressly provided for by the current legislation of the Russian Federation.
7.2. The pre-trial dispute resolution procedure shall be considered by the parties as a compulsory claim and its non-compliance shall prevent a direct appeal to the relevant court, the term of response to the claim shall be 10 (ten) business days from the date of receipt.
7.3. The user hereby acknowledges and confirms that no complaint sent by Nordic Design by e-mail will be resolved by Nordic Design, unless it can be inferred from the content of the complaint that it was sent to Nordic Design (no postal identifier number or waybill number in case of courier dispatch; no scanned copies of the proof of transmission by post and/or courier are enclosed).
7.4. The parties admit as written evidence electronic correspondence between themselves using e-mail, correspondence via text messages (current Nordic Design number is +79771206008), as well as via messengers (WhatsApp and others). Nordic Design’s email address is [email protected]re.
7.5. The parties have the right at any time to formalize their own relations by signing on paper the necessary documents, including this agreement.
7.6. In the event that supervisory authorities carry out checks directly or indirectly related to the use of the Nordic Design online shop by the user:
7.6.1. Upon direct contact with the controlling person, he/she shall immediately obtain from the latter his/her surname, first name, patronymic, position, place of employment, grounds for the request/request, information and documents to be submitted, terms and procedure for submission of the requested information and documents. Any explanations of the supervisory person are fully and extensively recorded on paper by the user.
7.6.2. after receiving the necessary explanations and clarifications from the supervisory authority, the user notifies Nordic Design by phone within one hour, by e-mail within four hours with a full and detailed statement of the explanations of the supervisory authority. Until direct instructions are received from Nordic Design regarding the options, scope of information and documents to be submitted to the supervisory authority, the user shall not take any action themselves.
7.7. If Nordic Design is requested by the controlling parties, the user shall ensure that any documents required by Nordic Design to be submitted to the controlling parties are submitted without delay. The documents shall be submitted promptly as soon as possible, but in any event no later than three (3) days after the user receives Nordic Design’s request, sent by any of the methods defined in this agreement.
7.8. Upon the occurrence of the events specified in clause 7.6. и 7.7. of this agreement the user must take all necessary actions, including those related to actions (omissions) of third parties, signing of documents satisfactory in form and content, application to a notary and/or other competent state or local authorities.
7.9. The user undertakes to take all possible measures, to perform all possible actions, both on their own initiative, and at the direction of the other party in order to fulfill the obligations and requirements provided in this section of the agreement.