General Terms and Conditions
Article 1 – Definitions
Cooling-off period: the period within which the consumer may make use of the right of withdrawal.
Consumer: the natural person who does not act for purposes related to trade, business, craft or profession and enters into a distance contract with the entrepreneur.
Day: calendar day.
Duration contract: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: Novaye Fashion.
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During this period, the consumer shall handle the product and packaging with care. If the right of withdrawal is exercised, the consumer shall return the product with all delivered accessories and—if reasonably possible—in its original condition, in accordance with reasonable instructions from Novaye Fashion.
Article 3 – Applicability
These general terms apply to every offer from Novaye Fashion and to every distance contract and order concluded between Novaye Fashion and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer (electronically, in a storable format, where applicable). In case of conflicting terms, the consumer may rely on the provision most favorable to them. If any provision is null or annulled, the remaining provisions remain valid, and both parties will replace the invalid provision with one that closely reflects the original intent.
Article 4 – The offer
If an offer has limited validity or special conditions, this will be explicitly stated. The offer is non-binding and may be adjusted. Descriptions are sufficiently detailed, and images are a truthful representation. Obvious errors do not bind Novaye Fashion. Each offer clearly states applicable shipping costs (if any), payment methods, delivery and execution, right of withdrawal, acceptance period, data storage, correction options, languages, codes of conduct (if any), minimum duration (for duration contracts), and available sizes/colors/materials where relevant.
Article 5 – The agreement
The agreement is concluded when the consumer accepts the offer and meets the stated conditions. For electronic acceptance, receipt will be confirmed promptly by email; until confirmed, the consumer may dissolve the agreement. Novaye Fashion uses appropriate technical and organizational security measures and may, within legal limits, assess creditworthiness and refuse orders with reasons or attach special conditions. With the product/service, the consumer receives information on: Novaye Fashion’s address for complaints, withdrawal instructions (or notice of exclusion), guarantees and after-sales service, and termination requirements for duration contracts.
Article 6 – Right of withdrawal (execution)
The consumer may withdraw within 30 days from receipt. The consumer will handle goods carefully and only use them as necessary to establish nature, characteristics, and functioning. After notifying withdrawal (by written message or email), the consumer must return the goods within 30 days and provide proof of timely return (e.g., shipment receipt). If the consumer fails to notify/return within the stated periods, the purchase remains valid.
Article 7 – Costs in case of withdrawal
Return shipping costs are borne by the consumer. If amounts were paid, Novaye Fashion refunds without undue delay and no later than 30 days after withdrawal, provided goods are received back or conclusive proof of return is supplied.
Article 8 – Exclusion of withdrawal
Exclusion may apply (if clearly stated before purchase) to goods:
-
made to consumer specifications;
-
clearly personal;
-
not suitable for return by nature;
-
that spoil or age quickly;
-
with prices dependent on market fluctuations;
-
single newspapers/magazines;
-
audio/video/software with broken seal;
-
hygienic items with broken seal.
Article 9 – Prices
Prices will not be increased during the offer period except for VAT changes. Variable-price items subject to market fluctuations will be indicated as such. Price increases within three months are only allowed if statutory; after three months only if stipulated and the consumer may terminate as of the effective date. All prices are subject to typographical errors; Novaye Fashion is not obliged to deliver at an erroneous price.
Article 10 – Conformity and warranty
Products and services conform to the agreement, specifications, reasonable usability, and applicable laws at the time of conclusion. Manufacturer/importer warranties do not limit legal rights. Defects or wrong deliveries must be reported within 30 days and returned in original packaging in new condition. Warranty does not apply if products were repaired/altered by the consumer or third parties, exposed to abnormal conditions, mishandled, used contrary to instructions, or defects arise from governmental requirements.
Article 11 – Delivery and execution
Novaye Fashion exercises utmost care in receiving and executing orders. Accepted orders are executed promptly and no later than 30 days, unless a longer term is agreed. In case of delay or non/partial execution, the consumer is informed within 30 days and may dissolve the agreement with refund within 30 days of dissolution. If delivery proves impossible, Novaye Fashion will endeavor to provide a replacement item and clearly indicate this upon delivery. Risk of damage/loss remains with Novaye Fashion until delivery to the consumer or their designated representative.
Article 12 – Duration contracts
Termination: For indefinite contracts involving regular delivery, the consumer may terminate at any time with up to one month’s notice. For fixed-term regular delivery, the consumer may terminate at the end of the term with up to one month’s notice, using at least the same method as used for entering the contract.
Renewal: Fixed-term regular-delivery contracts are not tacitly renewed except where legally permitted on specific media subscriptions as described; any tacit renewal for an indefinite period must allow termination at any time with up to one month’s notice. Trial or introductory subscriptions end automatically.
Duration: For agreements longer than one year, the consumer may terminate after one year with up to one month’s notice, unless reasonableness and fairness oppose earlier termination.
Article 13 – Payment
Unless otherwise agreed, amounts due must be paid within seven working days after the start of the cooling-off period (or after confirmation for services). The consumer must immediately report inaccuracies in payment details. In case of non-payment, Novaye Fashion may charge reasonable, pre-communicated costs subject to legal limits.
Article 14 – Complaints
Complaints regarding performance must be submitted fully and clearly within 7 days after discovery. Complaints are answered within 14 days; if more time is needed, a receipt and timeline are provided within 14 days. If not resolved, the dispute is eligible for dispute resolution. A complaint does not suspend obligations unless stated in writing. If justified, Novaye Fashion may replace or repair items free of charge.
Article 15 – Disputes
These terms and any agreements with consumers are governed exclusively by the laws of New Zealand, even if the consumer resides abroad.