Vilkår for bruk
Terms and Conditions
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Effective Date:20.11. 2024 |
Introduction
Welcome to the Rafalskaya Collection!
These Terms and Conditions (hereinafter - the "Agreement") constitute a legally binding agreement made between RAFALSKAYA AS, a company duly registered and existing under the laws of Norway, organization number 934364511, having its registered address at Hengslevein 30, 3515 Hønefoss, Norway (hereinafter "Rafalskaya Collection", "We", "Us", "Our") and a capable natural person (hereinafter "Buyer", "You", "Your"), and describes how We provide Services and sell Goods and Made-to-order Goods to You.
We operate and provide the Website, and Services as well as sell the Goods and Made-to-order Goods as specified in this Agreement.
The moment of acceptance of this Agreement is as follows:
- In terms of using the Website, the moment of visiting the Website and/or registration of the Buyer, if registration is required and grants access to certain features of the Website that are not available to the Buyer without registration; and/or
- In terms of the purchase of the Goods or Made-to-order Goods, the moment when the Buyer makes an Order for the Goods or Made-to-order Goods.
If You do not agree to all terms of the Agreement, You are expressly prohibited from entering into the Agreement, must immediately stop using the Website and Services, and may not purchase the Goods and Made-to-order Goods.
Additional terms and conditions or documents that may be published on the Website from time to time are expressly incorporated into this Agreement by reference. At Our sole discretion, Rafalskaya Collection reserves the right to change or modify this Agreement from time to time. We will notify You of any changes by updating the "Last Updated" date of this Agreement, and You waive any right to receive specific notice of each such change.
You must review this Agreement periodically to stay informed of any updates. If You continue to use the Website, Services, and/or purchase the Goods and Made-to-order Goods after the date the updated Agreement is posted, You will be deemed to have read them and accepted the changes in any revised Agreement as You continue to use the Website, Services and/or purchase the Goods or Made-to-order Goods.
Our store is hosted on Shopify Inc. They provide Us with an online e-commerce platform that allows Us to sell Our Goods and Made-to-order Goods and provide Services to You.
Contents
I. What terminology do We use?
II. What opportunities do You have?
III. Account registration process
VIII. Guarantees, Refunds and Returns.
IX. Rights and Obligations of the Parties
XI. Stop Violating Third Party Intellectual Property Rights
XIII. Limitation of Guarantees
XV. Governing Law and Dispute Resolution
I. What terminology do We use?
- Account. A Buyer's registered profile on the Website.
- Parties. Rafalskaya Collection and the Buyer, when referred to together.
- Privacy Notice. Notice that constitutes an explanation of the personal data processing of the Buyer who uses Our Website, Services, and purchases Goods and Made-to-order Goods according to this Agreement.
- Third Party. Any person or entity other than Rafalskaya Collection and the Buyer.
- Goods: Physical items or products offered for sale by Rafalskaya Collection, including but not limited to furniture, decor, and related accessories, designed for interior spaces and other items indicated on the Website. Unless the context of this Agreement provides otherwise, the Goods may include Made-to-order Goods.
- Made-to-order Goods. These are items or products, including but not limited to furniture, decor, and related accessories, designed for interior spaces and other items, that are designed in accordance with individual specifications and customer requests, which may not be freely available on the Website and are manufactured separately.
- Services. Any available instruments, tools, and resources on the Website are provided by Us and connected with the Goods and Made-to-order Goods.
- Website. A group of web pages created using HTML, CSS, JavaScript, and other programming languages available via the Internet is located at the following web addresses: https://rafalskaya.com and https://rafalskaya.no
- Legislation. Applicable laws and other regulatory acts of Norway regulate legal relations between Rafalskaya Collection and Buyers, including the Consumer Purchases Act, the Cancellation Act, the Marketing Act, the Personal Data Act, and the E-Commerce Act.
II. What opportunities do You have?
General Terms. Rafalskaya Collection owns, operates, and provides the Website to offer Goods and Made-to-order Goods for sale to Buyers. The Buyer may purchase Goods and Made-to-order Goods with or without an Account.
Buyer Opportunities. Under this Agreement, the Buyer with or without an Account can:
- Use the Website in all applicable and lawful technical means;
- Make an Order for the Goods or Made-to-order Goods;
- Make payments for the ordered Goods and Made-to-order Goods;
- Contact the support service of the Rafalskaya Collection.
Conditions of provision of the Website. Rafalskaya Collection provides the Website free of charge 24 hours a day, 7 days a week, except in cases of maintenance or system failure. Rafalskaya Collection warrants that the Website will be provided in a professional manner, consistent with industry standards.
Limitations. Rafalskaya Collections reserves the right but is not obligated, to limit the sales of Goods and Made-to-order Goods or provision of Services to any person, geographic region, or jurisdiction. Rafalskaya Collections may exercise this right on a case-by-case basis. Rafalskaya Collections reserves the right to provide limitations to any Goods, Made-to-order Goods, or Services.
Other services. From time to time, Rafalskaya Collection may add new Services and/or functionality and/or features (including, but not limited to release of new tools and resources), which will be specified on the Website. Such new Services and/or functionality and/or features shall also be subject to this Agreement.
III. Account registration process
Age Requirements. You must be at least 18 years of age to use the Services, purchase Goods, Made-to-order Goods, and register an Account. Buyers under the age of 18 must obtain consent from their adult dependents to use the Website and purchase the Goods or Made-to-order Goods. We also reserve the right to block Your Account if We suspect that You are under the applicable age.
Legal Capacity. You may not be entering into an Agreement, if You do not have the legal capacity under applicable law to agree to the Agreement.
Account. You can register the Account free of charge.
Account Registration via Website Form. To register an Account, the Buyer must provide the e-mail via the Website Form and enter the code received by e-mail. Your Account will be registered instantly upon completion of the registration process including the confirmation of the e-mail. You can specify Your name and address in Your Account as provided in Our Privacy Notice. When creating the Account on the Website, You must provide complete, true, and accurate information. You must not create or use an Account on behalf of another person.
Information Updates. You agree to promptly update Your Account and other information, including Your e-mail address, credit card numbers, and expiration dates, so that We can complete Your transactions and contact You as needed.
Account Deletion. Rafalskaya Collection has the right to delete the Your Account if:
- You violate the terms and conditions of the Agreement and all applicable laws;
- You refuse to provide additional information upon Our request;
- You are less than 18 years old or lack legal capacity;
- The Agreement is terminated.
Third-Party access to the Account. If any Third Party gains access to the Account, You are obliged to immediately notify Rafalskaya Collection to take appropriate measures, provided that Rafalskaya Collection can confirm the legitimacy of the Account belonging to You.
IV. Goods
List of the Goods. Rafalskaya Collection offers Goods for sale via the Website, including, but not limited to, furniture, décor, etc. In the absence of the Goods, Rafalskaya Collection has the right to exclude such Goods from the Order and notify the Buyer about this at the e-mail address specified by the Buyer or by phone.
Description of the Goods. The Website contains basic information about the Goods, as well as photographs, descriptions, and prices. The photographs are illustrations of the Goods and may differ from the actual appearance of the Goods. We have made every effort to display as accurately as possible the colors and images of Our Goods and Made-to-order Goods. We cannot guarantee that Your computer/phone, etc. monitor's display of any color will be accurate. Rafalskaya Collection may provide additional available information about the Goods at the request of the Buyer.
Change of the Goods. Rafalskaya Collection may unilaterally change the list of the Goods and Made-to-order Goods indicated on the Website. All descriptions of the Goods or the Goods pricing, as well as Made-to-Order Goods, are subject to change at any time without notice, at the sole discretion of Us. Any purchase or Order for any Goods or Made-to-order Goods made on this Website is void where prohibited.
Made-to-order Goods. The Website also offers Goods that can be custom-made according to the Buyer's specifications. Detailed information on customization options, including materials, dimensions, and design features, can be provided upon request. Please note that Made-to-order Goods may have variations from standard Goods images and descriptions displayed on the Website.
V. Order of Goods
Order. The Buyer can submit a request for the purchase and delivery of the Goods that are in stock and presented on the Website and submit a request for the production, purchase, and delivery of the Goods that are out of stock and Made-to-order Goods.
Making the Order for Goods without an Account. Electronic ordering is carried out through the "Basket/Your order" on the Website. The Buyer, having received information about the Goods on the Website, selects the Goods at his own discretion, and presses the "Add to cart" button. In the "Basket/Your order", the Buyer independently checks the correctness of the choice of the Goods, fills in personal information, contact information (e-mail and phone number), delivery address and the method of payment, and any other required information. After that, the Buyer places the order by clicking the "Pay now" button. If the Goods are out of stock, We will contact You directly.
Making the Order for Goods with an Account. Electronic ordering is carried out through the "Basket/Your order" on the Website. The Buyer, having received information about the Goods on the Website, selects the Goods at his own discretion, and presses the "Add to cart" button. In the "Basket/Your order", the Buyer independently checks the correctness of the choice of the Goods, fills in personal information, contact information (phone), delivery address and the method of payment, and any other required information. After that, the Buyer places the order by clicking the "Pay now" button. If the Goods are out of stock, We will contact You directly.
Making the Order for Made-to-order Goods. The Order for Made-to-order Goods is submitted by the Buyer through Our support service.
Trustable information. When making the Order, the Buyer must provide true and accurate information. The Buyer is fully responsible for the provision of false or inaccurate information, which entailed the impossibility of Rafalskaya Collection properly fulfilling its obligations to the Buyer.
Changes in the information. The Buyer can change information in the Order by contacting Rafalskaya Collection by e-mail. After that, Rafalskaya Collection informs whether it is possible to make such changes and informs about the reasons if changes are no longer possible (including, but not limited to, the start of production of the Goods or Made-to-order Goods, ordering everything necessary for production, organizing delivery, etc.)
Cancellation of the Order by the Buyer. The Order may be canceled by the Buyer by the time of payment and the actual transfer of the Goods. This provision does not apply to Made-to-order Goods.
Cancellation of the Order for Made-to-order Goods. The Order for Made-to-order Goods may be canceled by the Buyer in individual circumstances determined by Rafalskaya Collection. Please contact Us if You want to cancel your Order for the Made-to-order Goods.
Cancellation of the Order by Rafalskaya Collection. Rafalskaya Collectioт reserves the right to refuse any Order You place with Us. Rafalskaya Collection may, at Our sole discretion, limit or cancel quantities purchased per person, per household, or per Order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an Order, We may attempt to notify You by contacting the e‑mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors.
VI. Payment and invoicing
Price. The price of the Goods and the currencies are indicated on the Website. The price of the Goods may depend on the location, time of day, the time during which the Buyer makes the Order, and other conditions. The price for Made-to-order Goods may be indicated on the Website or calculated separately at the request of the Buyer in accordance with the specifications.
Additional fees. The price of the Goods does not include:
- Commission and additional fees from banks or payment systems. The Buyer pays such fees on his own and at his own expense. The size of the commission or additional fee is reported by the relevant bank or payment system;
- Import taxes, duties, and restrictions on importation into the receiving country specified by the Buyer. The presence of the above is the sole responsibility of the Buyer. Rafalskaya Collection does not calculate on the Website and does not compensate for such expenses of the Buyer.
- Delivery cost. Delivery costs are paid separately according to the tariffs of the delivery company.
Changing the price. The price of the Goods and Made-to-order Goods may be changed by Rafalskaya Collection unilaterally on the terms specified in the Agreement or in the Website. Changing the price will not be applied to Orders for which Rafalskaya Collection has already sent the confirmation.
Payment. Payment for the Goods and Made-to-order Goods is made in the form of 100% advance payment.
Payment method. Payment is made using the payment services of Third Parties available on the Website. The Buyer can pay by debit and credit card or by PayPal.
Warranties on payment information. By submitting payment information, the Buyer guarantees that all payment details provided are true, accurate, and complete.
Mispayment. Rafalskaya Collection is not liable for any mispayment resulting from the Buyer providing incorrect payment information or the use of an unauthorized payment method.
Invoicing. A receipt or invoice issued by an online payment provider confirms that the Buyer has paid for the Goods or Made-to-order Goods. If You have any problems paying for the Goods or for Made-to-Order Goods, You can contact Our team by e-mail: kundeservice@rafalskaya.no.
VII. Delivery of the Goods
Delivery in general. Delivery of the Goods and Made-to-order Goods at the Buyer's choice is carried out by courier or postal service and by courier delivery or delivery to the branch of the corresponding postal service.
Terms of delivery. The delivery of the Goods and Made-to-order Goods is carried out according to the terms and conditions of the carrier, and We cannot guarantee specific delivery times as it depends on the carrier. Estimated delivery of Goods should not exceed 30 (thirty) calendar days, although actual timelines are subject to the carrier's terms and conditions. For Made-to-Order Goods and/or Goods out of stock, the delivery time is calculated after Rafalskaya Collection sends a notification of the readiness and/or availability.
The delivery cost. The delivery cost is paid by the Buyer separately according to the tariffs of the corresponding carrier.
Obligation to inspect the Goods. Upon receiving the Goods or Made-to-order Goods, the Buyer is required to inspect them for compliance with the Order, completeness, quality, and any visible defects on the packaging. In case of any discrepancy, the Buyer must refuse the Goods or Made-to-order Goods by drawing up an appropriate act with the postal service representative. For any errors or damage during delivery or the Goods or Made-to-order Goods do not match the description in the order confirmation, the Buyer should contact Rafalskaya Collection immediately. Visible and hidden damage must be reported within 1-3 calendar days to allow notification to the carrier, with photos, videos, and descriptions of the damage sent to kundeservice@rafalskaya.no. If the damage is noticeable upon delivery, the Buyer should ask the delivery company to mark it on the delivery note and retain all packaging to facilitate the complaint process. We may also ask You to provide additional photos, videos, or information. In the event of a complaint, We ask that You send an e-mail to kundeservice@rafalskaya.no with photographic evidence that clearly demonstrates the fault/defect in the product. In case of damage during transportation, We also need photos of the inner and outer packaging.
We handle complaints in cooperation with delivery companies and subcontractors. Therefore, the processing time may vary.
Defective, damaged or incorrectly delivered Goods and Made-to-order Goods must be returned to Rafalskaya Collection after its confirmation, to the following address: Hengsleveien 30 3515 Hønefoss Norway.
The moment of transfer of ownership. The moment of transfer of ownership of the Goods and Made-to-order Goods is the moment of transfer of the Goods and Made-to-order Goods and the signature of the Buyer or the person specified in the Order as a recipient in the documents confirming the delivery of the Goods or Made-to-order Goods. At the time of the transfer of ownership, the Rafalskaya Collection is considered to have fulfilled its obligations under the Agreement.
Rafalskaya Collection reserves the right to cancel an Order if it has not been received within 14 calendar days of sending notification that the Order is ready for pick up, if otherwise is not agreed.
Delivery is a separate service. Delivery of the Goods and Made-to-order Goods is a separate service that is not an integral part of the Goods and Made-to-order Goods. The purchase of the Goods and Made-to-order Goods with delivery does not give the right to demand delivery of the Goods and Made-to-order Goods during warranty service and/or replacement of the Goods and Made-to-order Goods and does not give the right to return the cost of delivery if there is a right to return the Goods or Made-to-order Goods.
VIII. Guarantees, Refunds and Returns
General conditions of the guarantee on the Goods. Rafalskaya Collection warrants that the Goods demonstrated on the Website are of the description and quality shown on the Website.
Warranty period. Goods and Made-to-order Goods purchased from the Rafalskaya Collection are subject to the Consumer Sales Act, which provides for a two-year right of complaint.
In the event of a defect in Goods or Made-to-order Goods, the Buyer is obliged to notify Rafalskaya Collection within 60 (sixty) calendar days after he or she has discovered or should have discovered it that he or she wishes to make a defect claim (complaint).
Claims must be filed no later than two years after the delivery of the Goods or Made-to-order Goods. If the Goods, Made-to-order Goods, or parts of the Goods or Made-to-order Goods are expected to last significantly longer than normal use, the deadline for advertising is five years after delivery of the Goods or Made-to-order Goods.
When assessing whether the Goods are defective, factors such as misuse, lack of maintenance, etc. are taken into account. Damage caused by normal wear and tear and negligent use is not a defect and is therefore not subject to compensation.
If the Buyer fails to complain during the specified period, the right to claim a defect is lost.
Refunds and returns. The returns and refunds for Goods and Made-to-order Goods are provided in accordance with the Refund and Return Policy.
IX. Rights and obligations of the Parties
Rights and obligations of the Buyer. You have the following rights and obligations:
- Behave yourself. You agree to use the Website and Services only in a manner that is lawful, ethical, and respectful of others. You agree not to use the Website and Services to engage in any behavior that is discriminatory, harassing, defamatory, obscene, offensive, or otherwise objectionable, whether in person, in writing, or online.
- Compliance. You must follow all the laws and rules that apply to the use of the Website and Services. You are responsible for making sure that You do not break any laws while using the Website and Services.
- Prohibition of fraudulent activities. Using the Website and Services for fraudulent activities or attempting to access other Buyer's Accounts is prohibited. It is forbidden to use any methods, including, but not limited to uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet, to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
Rights and obligations of the Rafalskaya Collection. Rafalskaya Collection has the following rights and obligations:
- Advertisement. Rafalskaya Collection has the right to distribute any advertisement on the Website.
- Contest, Sweepstakes, and Competition. Rafalskaya Collection has the right to hold contests, sweepstakes, and competitions under the conditions specified on the Website, social networks, and messengers of Rafalskaya Collection and its partners.
- Promotions and Discounts. Rafalskaya Collection has the right to hold promotions and provide discounts to the Buyer, and run giveaways for Goods under the conditions specified on the Website.
- Notification. Rafalskaya Collection has the right to send any electronic notifications, including advertising, to the Buyer, if:
- The Buyer gave consent using a special send-out form;
- The Buyer subscribed to Rafalskaya Collection's mailing list.
- The Buyer has already bought the Goods and Rafalskaya Collection sends an advertising notification with the subsequent opportunity to refuse such mailing in the notification itself.
- Rafalskaya Collection sends a technical notification to You.
- Subcontractors. Rafalskaya Collection may engage contractors, subcontractors, and partners to perform this Agreement, without additional approval from the Buyer.
- External Links on the Website. Rafalskaya Collection has the right to place external links on the Website. Links from the Website to other websites, and applications (web, mobile, and desktop) are for information only. Rafalskaya Collection does not control them and does not accept responsibility for other websites, any materials found upon them, or any loss You suffer from using them. Any use by You of the optional tools offered through the website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant Third Party Rafalskaya Collection is not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any Third Party websites. Please review carefully the Third Party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third Party.
X. Intellectual Property
License Agreement:
- License. Rafalskaya Collection grants the Buyer a personal, limited, royalty-free, revocable, non-exclusive, non-transferable, worldwide license during the term of this Agreement to use the Website, namely: display, view, visit, and use the functions.
- Exclusive property rights. All exclusive property rights in intellectual property to the Website, databases, data, trademarks, industrial designs, patents for inventions and utility models, and goodwill belong to Rafalskaya Collection unless otherwise stated.
- No transfer of exclusive property rights. This Agreement does not alienate any exclusive property rights in favor of the Buyer.
Actions that may violate exclusive property rights. The Buyer is obliged to refrain from any actions regarding copying, modification, decompilation, and other actions that may be a violation of the intellectual property rights of the Rafalskaya Collection and any Third Party.
You-generated content license. The Buyer grants Rafalskaya Collection a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content or materials in connection with the operation of the Website and our Services, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels by submitting or uploading any content or materials to the Website.
If, at Our request, You send certain specific submissions or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise ("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 and shall be under no obligation to:
- maintain any Comments in confidence;
- to pay compensation for any Comments; or
- to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that We determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that Your Comments will not violate any right of any Third Party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or Third Parties as to the origin of any comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any Third Party.
XI. Stop Violating Third-Party Intellectual Property Rights
Intellectual property violations. If the Buyer or Third Party believes that any content on the Website infringes upon Your intellectual property rights or the intellectual property rights of a Third Party, please promptly notify Us in writing via e-mail.
Notification. Notification must include:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
- Information is reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Answer. Rafalskaya Collection answers a notification about a violation of intellectual property in 3 calendar days.
XII. Limitation of Liability
Limitation of liability of Rafalskaya Collection. Rafalskaya Collection limits its liability to the Buyer for breach of the Agreement, as well as for any damages (including lost profit, but not the injury of the Buyer), to the amount of the Buyer's payment under this Agreement. Rafalskaya Collection is not responsible for the actions of the Buyer and limits its liability to Third Parties for losses (including lost profit), and damage caused by the Buyer to these Third Parties while using the Rafalskaya Collection' Website and purchasing Goods or Made-to-order Goods. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
Exclusion from Rafalskaya Collection's liability. Rafalskaya Collection excludes its liability from:
- Any loss of profit (directly or indirectly);
- Any loss of goodwill;
- Any loss of opportunity;
- Any reliance on the completeness, accuracy, or existence of any information Third Parties advertising, appears on the Website or in relation to the Website or Rafalskaya Collection;
- Any changes that Rafalskaya Collection may make to the Website or for any temporary interruptions in the provision of the Website;
- The deletion of, corruption of, or failure to store, any data maintained or transmitted by or through Your use of the Website;
Limitation of the Buyer's Liability. Rafalskaya Collection limits the Buyer's liability to Rafalskaya Collection for breach of the Agreement, as well as damages, to the amount of the Buyer's payment under this Agreement. The effect of this provision does not extend to liability, damages, and lost profit in cases of protection of intellectual property rights, violation of means of ensuring information security, in particular cyber security, and protection of the business reputation of Rafalskaya Collection, Our employees, contractors, and founders. You agree to indemnify, defend, and hold harmless Rafalskaya Collection and Our 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 this Agreement or the documents they incorporate by reference, or Your violation of any law or the rights of a Third Party.
XIII. Limitation of guarantees
The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. Rafalskaya Collection is not responsible and does not provide any warranties, express or implied, and hereby disclaims any implied warranties regarding the Website, in particular:
- Availability in case of problems with the network, software and hardware, electricity supply of the Buyer, and Third Parties;
- Protection against any damage to the Buyer, persons related to them, their property, and non-property rights from the action and/or inaction of any Third Parties.
XIV. Terms and Termination
Term of validity of the Agreement. This Agreement becomes effective for a specific Buyer from the date of its conclusion, as indicated above. This Agreement is valid until its termination or termination by any Party. The version of the Agreement is open for accession from the Effective date.
Termination of the Agreement by mutual consent of the Parties. In such a case, the Party that intends to terminate the Agreement must notify the other Party of this in writing, by sending the corresponding notification by e-mail.
Termination of the Agreement by Rafalskaya Collection. Rafalskaya Collection has the right to terminate this Agreement unilaterally, in case of violation by the Buyer of any terms of the Agreement, to prevent any fraudulent, unlawful, or abusive acts or if it is necessary to prevent or stop any harm or damage to us, other Buyer or the general public. Rafalskaya Collection informs the Buyer of the facts and reasons for termination by sending a message to the Buyer's e-mail. The Agreement is terminated from the date of sending the notice. In this case, the Buyer does not have the right to re-enter this Agreement and use the Website and purchase the Goods or Made-to-order Goods, except for support service, and receiving messages.
Termination of the Agreement by the Buyer. The Buyer has the right to terminate this Agreement unilaterally by notifying the support service and/or by sending a message to the Rafalskaya Collection's e-mail address specified on the Website. The Buyer also has the right at any time to stop using the Website. The Agreement is terminated from the date of receipt of the notice.
Changes to the terms of the Agreement. Rafalskaya Collection reserves the right to change the Agreement, the Website, and the Goods/Made-to-order Goods at any time and without pre-approval from the Buyer. Changes to the Agreement are indicated by changing the Effective date. The Buyer grants his consent to the changing in the Agreement, the Website, and the Goods by continue using the Website and/or purchasing the Goods/Made-to-order Goods.
The obligations and liabilities of the Parties incurred before the termination date shall survive the termination of this Agreement for all purposes.
XV. Governing Law and Dispute Resolution
Governing law. This Agreement shall be governed by and construed in accordance with the laws of Norway, without giving effect to any principals of conflict of laws.
Dispute resolution. All disputes or claims about this Agreement are resolved within 30 (thirty) calendar days of negotiations. If negotiations do not work, the courts of Norway under Norwegian law must resolve any related dispute or claim.
XVI. Miscellaneous
Effective date. This version of the Agreement is valid from the Effective date specified above.
Assignment. You cannot transfer or give away Your rights and responsibilities under this Agreement without Our permission. If You try to do so, it will be invalid. We can give Our rights and responsibilities under this Agreement to someone else without asking for Your permission. Both Rafalskaya Collection and the Buyer are still responsible for following this Agreement, even if they are assigned to someone else.
Entire agreement. This Agreement is the only agreement between Rafalskaya Collection and Buyer regarding the use of Rafalskaya Collection's Website and purchase of the Goods or Made-to-order Goods. It replaces any other agreements or discussions We have had before.
Headings. The headings in this Agreement are just to help You understand what each section is about, and they will not change the meaning of anything. When We use words like "including" or "such as," it does not mean that we have listed everything that could be included.
No partnership. By using Our Services and by Purchasing Goods or Made-to-order Goods, You are not becoming Our partner, employee, or agent. You cannot say that You represent Us or that We are working together in any formal way. You do not have the authority to make any deals or promises on Our behalf. When You use Our Website and services and purchase Goods or Made-to-order Goods, You are responsible for paying any taxes or government fees that come up. We do not provide tax advice, so it's up to You to talk to a tax expert if You are not sure what You owe.
No Waiver. If We do not enforce any part of this Agreement, it does not mean We are letting You off the hook. We can still enforce those terms later if We need to. If We do decide to waive any of Our rights, We will make sure it is in writing and signed by Us.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be deemed severable, and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that accomplishes the same purpose as the original provision, to the extent possible.
Survival. If this Agreement ends, some of them will still be in place. The Sections that will still be in place are VIII, IX, X, XI, XII, XIII.
Languages. This Agreement is available in Norwegian and English. If there are any differences between the Norwegian and any other versions and the translation to another language, the Norwegian version shall prevail.
XVII. Support
How Can You Contact Us. If You have any inquiries or complaints regarding Your use of the Website, Our Services, Goods or Made-to-order Goods, You may contact Our support team via the following methods:
- Contact Form: You can use the contact form available at the bottom of the Website at https://rafalskaya.com/pages/contact;
- E-mail: Alternatively, You can reach Us via e-mail at kundeservice@rafalskaya.no;
- Phone number: You can contact Us via the following phone number: +4791175209
Support Terms. We strive to deal with all inquiries or complaints as soon as possible. Our team will provide You with a response within 30 (thirty) calendar days of receiving Your inquiry or complaint.
Personal Data. Rafalskaya Collection protects Your Personal Data in accordance with Our Privacy Notice and applicable law.
XVIII. Legal Information
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Company Name: RAFALSKAYA AS |
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Company Number: 934364511 |
Address: Hengslevein 30, 3515 Hønefoss, Norway |
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E-mail: kundeservice@rafalskaya.no |
Phone number: +4791175209 |