IMPORTANT LEGAL NOTICE
These are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.nightmaremansion.ro (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice here and Terms of Use here, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here or our Terms of Use here, do not use our site.
1. INFORMATION ABOUT US
- www.nightmaremansion.ro is operated by NIGHTMARE MANSION SRL (“We”). We are a company registered in Romania under company number 44768958 and with our registered office at Str. Dispensarului, nr. 8, bloc 24A, ap. 41, Constanta 900478, Romania. Our email address is office@nightmaremansion.ro.
2. YOUR STATUS
- You may only purchase Products from us if:
a) you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);
b) you are an authorised user of the credit or debit card used to pay for your order; and,
c) are resident in a country that we deliver to (please see our “Deliveries” page here for further information).
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
- After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us (“Contract”) will be formed.
- As soon as you place your order, we start to process your order which means you can only change it by reaching our email or phone number +40730992679.
- From time to time We may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
- These terms and conditions, and any Contract between us, are only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference.
4. PRICE AND PAYMENT
- The price payable for the Products shall be as shown on our site in RON (LEI), although please see clauses 4.5 and 4.6 for what happens if We discover an error in the price of any Product you order. Prices advertised on our site include RO VAT at the relevant rate chargeable for the time being, but exclude delivery charges which are payable in addition and shown separately during the checkout process.
- We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.
- We accept payment by debit card, credit card or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro.
- You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.
- If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
- If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
5. YOUR RIGHT TO CANCEL THE CONTRACT (EEA CUSTOMERS ONLY)
- If you are a consumer in the European Economic Area (“EEA”), you have a legal right to cancel a Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days in which case you will have until 14 days after the day you receive (or someone you nominate receives) the last delivery.
- If you wish to cancel a Contract under clause 5.1, you just need to communicate this to us within the timescale set out in clause 5.1. The easiest way to do this is to contact us by email at office@nightmaremansion.ro or by post at Nightmare Mansion, Strada Dispensarului, Nr. 8, Bloc 24A, Sc. C, Ap. 41, Constanta, Romania. You may use a copy of the cancellation form available here, but you are not required to do so.
- The right to cancel a Contract under clause 5.1 does not apply to pierced jewellery, underwear or swimwear if the hygiene seal is not in place or has been broken.
- If you cancel a Contract under clause 5.1 after the Products have been dispatched to you, you must return them to us. You must send off the Products within 14 days of telling us that you wish to cancel the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, but if you do not use this service in accordance with our instructions then you will be responsible for the cost of returning Products to us. Please see our Returns Policy here for further information about how to return Products to us.
6. YOUR RIGHT FOR A REFUND (EEA CUSTOMERS ONLY)
- If you are a consumer in the EEA and you cancel your Contract under clause 5.1, We will:
a) refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
b) refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
c) make any refunds due to you by the method you used for payment:
2. 14 days after the day on which We receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us; or
3. 14 days after you inform us of your decision to cancel the Contract
4. Please see our Returns Policy here for more information about returns and refunds.
7. FAULTY PRODUCTS
1. If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
2. If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 8.2.
3. If you discover that your Product is faulty after 14 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
8. OUR RIGHTS TO CANCEL THE CONTRACT
1. We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you.
2. We may also end the Contract in the circumstances set out in clause 7.5 or clause 7.6.
3. If We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
9. OUR LIABILITY
1. If We fail to comply with these terms and conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.
10. EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act, event, omission or accident beyond our reasonable control.
2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, We will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 14 please contact us using the details set out in clause 8.2.
11. INTELLECTUAL PROPERTY RIGHTS
1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.
12. OTHER IMPORTANT TERMS
1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
2. If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail.
3. We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
4. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.
5. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
9. Please note that these terms and conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
10. In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.
13. PROMOTION TERMS AND CONDITIONS
NIGHTMARE MANSION promotional codes entitle you to an offer on your online order from www.nightmaremansion.ro . To utilise your promotional code, insert code into the “Enter promotion code” box on the billing page of checkout and click apply.
Please note, promotional codes can only be used once per transaction and cannot be used in conjunction with other promotions or offers. Including onsite offers.
Automated promotions cannot be used in conjunction with any other promotional codes or offers.
Selected products can be excluded from promotions at any given time. Confirmation of the exclusions list can be found at the top of the New In category.
Promotion codes are territory specific, remain our property, are non-transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative.
Promotion codes and related offers are not open to employees of nightmaremansion.ro and we reserve the right to withdraw them and refuse or restrict any order at any time.
During any promotions for the Premier delivery product we reserve the right to suspend other promotions.
Threshold delivery promotions work against the total cost of the products ordered, the delivery cost does not contribute to the total amount.
You agree to indemnify, defend and hold harmless Nightmare Mansion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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 Romania.
NIGHTMARE MANSION SRL
Cod Unic Inregistrare: 44768958
Str. Dispensarului, nr.8,
bloc 24A, ap. 41.
Constanta 900478
Romania
+40 730 992 679
office@nightmaremansion.ro
