Terms
NYRA DESIGN
Company Legal Representative:
V.A. Ly
10119 Berlin
Germany
Ust-IdNr: DE305252817
Lucid Nummer: DE2234589058445
E-Mail: contact@nyra.design
Nyra Design is registered as a „Kleinunternehmer“ (small business) according to § 19 Value Added Tax Law. Responsible is § 55 Broadcasting treaty: V.A. Ly
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be accessed at www.ec.europa.eu/consumers/odr
GENERAL TERMS OF SALE
SCOPE OF APPLICABILITY
1. These Terms of Sale govern the sale of products by Nyra Design to you on the www.nyra.design Online Shop. You will be able to access these Terms before completing your purchase. Please read these conditions carefully before placing an order with Nyra Design. By placing an order with Nyra Design, you signify your agreement to be bound by these conditions.
2. The Operator and Point of Contact for this online-shop is V.A. Ly. You can reach me at by email at contact@nyra.design
3. You can print these Terms of Sale using the print option of your internet browser
MY CONTRACT
1. The presentation of products on my online-shop is non-binding. You have no obligation to purchase by visiting my website.
2. You can add any of my available products to your Shopping Cart without obligation to purchase. From the Shopping Cart, you can select which products to purchase by selecting the Checkout button.
3. In your Shopping Cart and on the Nyra Design checkout page, you can view and edit the details of your order, including product quantity, shipping options, and payment options. Once you have provided the required information (required information is marked with an asterisk (*)), on the Checkout page and clicked the button “Place Order”, you enter into a binding contract to purchase the products in your order.
4. Once you place your order, you will receive an Order Confirmation email within 48 hours. This communication confirms receipt of your order and the details of your order. It does not confirm my acceptance of your order to buy my products.
5. I confirm your order once I ship your items and send you a Shipping Confirmation email with information about the details of your order, as well as a way to track the shipment of your order.
6. If your order is dispatched in more than one package, you may receive a separate Shipping Confirmation for each package, and each Shipping Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation.
7. Without affecting your legal right of cancellation set out below, you can cancel your order for a product at no cost any time before I send the Shipping Confirmation relating to that product.
PRICING
1. The prices displayed at the time of order apply. All prices are in Euro. According to 19 Abs. 1 UStG, no Value Added Tax is charged.
2. In addition to the price of my products, costs for shipping apply. These costs will be made clear during the order process on the Checkout page.
PAYMENTS
1. You can pay for my products with either Apple Pay, PayPal or most major credit cards.
2. Every product remains property of Nyra Design until payment has been fully made.
DELIVERY
1. I deliver within Europe as within 5-14 days.
2. I use DHL, Deutsche Post, Hermes or UPS to ship my products to the delivery address indicated by you, unless agreed upon otherwise in email with you. Delivery times for my products are displayed in the individual product pages. After successfully transferring your packages to DHL, I will send you a Shipping Confirmation email with a tracking link that you can use to track your delivery, should tracking information be available.
3. Delivery costs for all orders within Germany are 5,00€. For addresses in all other European Union countries, I charge a delivery costs of 7,00€. For orders placed to addresses in Switzerland or Norway, I charge a flat-rate of 10,00€. For all other shipping destinations, a flat-rate of 10,00€ is charged.
4. In the event that the delivery date is delayed, I will inform you immediately and communicate a new delivery date.
5. The delivery for products to the agreed-upon delivery address is in accordance to legal provisions, which require that I bear the risk of loss or damage to the products during transport.
6. If I notice, while processing your order, that the products ordered by you are not available, I will inform you in a separate e-mail. You statutory rights remain unaffected.
RIGHT OF CANCELLATION AND RETURNS
1. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither for commercial nor self-employed.
2. If your purchase was delivered to an address within the European Union, you have the right to cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the products purchased (or last product, lot or piece if the order relates to products delivered separately).
3. You must inform me of your decision to cancel your order or return your product. You must submit your notification to me via email at contact@nyra.design with a clear explanation that you wish to cancel or return your order.
4. To meet the cancellation deadline, it is sufficient for you to send your communication on the exercise of the right to cancellation before the cancellation period has expired and return the products within this period.
5. I will not provide a shipping label or a required shipping method for all European Union addresses and other countries. I strongly recommend using a shipping partner with parcel tracking services. Once you inform me of your decision to cancel your order via email. Please wait for my answer via email to confirm the cancellation, this can take up to 48 hours.
6. Please return all canceled orders to my atelier in Berlin, Germany. Contact me for the return address.
7. If you cancel your order, I will reimburse all payments received from you for the products purchased, excluding any shipping costs. This reimbursement will be made without undue delay and by no later than 14 days from the day on which I received your communication on the cancellation of your order. For such reimbursement I will use the same means of payment as you used for the initial transaction, unless I have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement. I will withhold reimbursement until we have received the products back.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right to cancellation does not exist or lapses in the case in which a product is requested according to customized sizes or if shipped to international addresses outside of the European Union.
DEFECTS
1. Your rights in case of material and legal defects are determined by statutory provisions.
2. The descriptions of products in my online shop and those which are delivered together with the products, apply as agreements on the condition. Please take note of such information before deciding to keep the products.
3. I accept no liability for third-party quality specifications, in particular of customers within the framework of customer ratings published in my online shop or other sales platforms.
4. I shall be liable for damages only in accordance with clause 6. Your statutory right of withdrawal and rights arising from warranty statements that may have been submitted separately or attached to the products remain unaffected.
LIABILITY
1. I am liable for damages in accordance with the statutory provisions, unless otherwise stated below.
2. In the case of breaches of duty - for whatever legal reason - I am responsible for intent and gross negligence. In the case of simple negligence, I shall only be liable for damages resulting from injury to life, limb, health or a material contractual obligation (obligation whose fulfillment enables the proper execution of the contract in the first place and whose compliance the contractual partner regularly trusts and can trust).
3. In the case of simply negligent breach of essential contractual obligations, my liability is limited to the amount of foreseeable, typically occurring damage. Otherwise, my liability is excluded.
4. The above limitations of liability do not apply if I have fraudulently concealed a defect or have accepted a guarantee for the quality of the products. The same applies to claims of the buyer under the Product Liability Act.
LINKS
1. In the event which I offer links to other websites, I clearly point out that these are related to external content for which I do not assume any liability. The linked pages were checked for possible legal violations at the time of their linking, whereby such were not recognizable. I do not conduct any ongoing evaluations of the linked pages unless a legal violation is brought to our attention.
2. Copyrighted content, especially images, texts, design, etc. may not be used by me without prior written permission, in particular not duplicated or otherwise published.
APPLICABLE LAW
For these terms and conditions and the contractual relationship with you, the law of the Federal Republic of Germany shall apply to the exclusion of substantive unified law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.
I reserve the right to make changes to any policies, terms and conditions including these Conditions of Sale. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you purchase from me. If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Updated December 2023