Vilkår og betingelser
Everly ApS (43450646)
1123, Copenhagen K
If you would like to discuss any problems related to your order, would like to find out more about the Everly brand, or simply have a chat, give us an email at firstname.lastname@example.org
Your order constitutes an offer to us to buy and pay for a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been despatched ("the despatch confirmation"). The contract between us ("contract") will only be formed when we send you the despatch confirmation. We recommend saving this email in order to facilitate any contact with customer service you may have in the future. The order confirmation (receipt) also serves as guarantee of proof of purchase.
The contract will relate only to those products whose despatch we have confirmed in the despatch confirmation. We will not be obliged to supply any other products which may have been part of your order until the despatch of such products has been confirmed in a separate despatch confirmation.
We reserve the right to refuse any order you place at our sole discretion.
You may pay with either credit or debit cards. Quickpay manages all of our banking transactions. Everly does not store any credit card numbers.
Payment by card
Pay with your Visa, AMEX or Mastercard securely over the Internet. Your payment is handled by Quickpay with secure encryption and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There is no extra charge for card payments unless the customer’s bank charges a fee to the customer. When paying by credit / debit card starting conditions apply as soon as the card transaction is approved. In the event that no payment has been received after submitting your order, Everly may automatically cancel your order.
- Payment with Anyday
When you choose to pay with Anyday, the first payment is deducted when the item is shipped. Then you will pay your monthly installments on the last weekday for three months onwards, beginning from next month. No fees and interest will be charged for your purchase if you pay on time. If you return your purchase, the agreement with Anyday will terminate automatically.
Promo Codes should be entered during the checkout process to be valid. Attempting to add a promo code after purchase will not be honored.
All prices shown on the Everly website, www.everly.dk, are including VAT, in accordance with the applicable legislation.
Please note that in case of an order is shipped to a delivery address outside the EU, you may be subject to import duties and taxes, which are collected when the shipment reaches your delivery address. You will be responsible for payment of such import duties and taxes. It should be noted that Everly has no control over these charges and, since these charges are different for different countries, Everly cannot predict their amount. Everly advises you to contact your local customs office for further information.
Ordering and returns
Orders made in another person's name without the person’s consent, will be reported to the authorities. Everly holds the right to change prices, correct incorrect prices on all orders as well as final sales. If a price is incorrect, this may compel Everly to cancel the purchase and refund any amount paid in the best way. This can be performed at any time. Consumers have the right to return the order within 14 days from receiving the order and provided the goods in the same condition as when you received them.
The right applies only in the case that the product and its original packaging can be returned in the same condition as when received. If consumers use their right to send back an order, they should contact Everly in order to get an address to send the goods to. Return shipping is not paid by Everly, unless there is a defect in the product. If an item is defected or damaged in any way on arrival, Everly should be contacted within 14 days for information about compensation.
Warranty term: Two year from the date of purchase. To have replacement covered under this warranty performed, please use our contact form on the "contact us" page. In the e-mail you need to specify your name, address, order number and a detailed description of the issue. Finally, write ‘Exercise Warranty’ as subject of the e-mail or letter. Return shipping is paid by Everly in this case. If Everly cannot find any defects described above, the product will be sent back to the customer.
On return, note that repair/replacements will be charged in the following cases, even during the warranty term.
Failure or damage caused by improper use or carelessness.
Failure or damage caused by unjustifiable repair or modification
Failure or damage caused by fire or water, or a natural disaster such as for example an earthquake
In case the retail store and the purchase date are not indicated on the warranty, or if this information has been rewritten
If the warranty is not submitted along with the bracelet.
This warranty warrants that you can receive free replacement in accordance with the terms set forth herein and within the specified term, and shall not restrict any lawful right of the Customer.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
Everly has the right to adjust prices, involve additional cost and change product information such as product pictures and offers without notice. The product images and information texts available reflect the product as much as possible. We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the bracelet. The pictures may differ depending on the color settings in your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.
Delivery and cancellations
Your order will normally be delivered in 2 - 10 working days after you have placed your order. In any event, the order will be fulfilled within 30 days of the date of the dispatch confirmation unless there are exceptional circumstances.
Everly offer worldwide delivery.
We will email you as soon as the order has been dispatched.
Everly ships worldwide. Deliveries are made in cooperation with the postal services and their partners. You have the right to cancel purchases and return delivered goods by contacting Everly customer service or using the contact form on Everly’s website within 30 days from receiving the goods provided the goods are unpacked and in the same condition as when you received them. However, the customer is responsible for the risk for transporting the returned goods to Everly.
In cases, you as a customer believe that the delivery is delayed in such a way that you no longer wish to fulfill the order, it is your responsibility to cancel the order. In cases where the order has been dispatched, the customer is required to receive the order. Cancellation is not valid until the customer has confirmed with Everly via one of the contact methods on the contact page. If a product has been discontinued Everly has the right to cancel the purchase and refund the paid amount to the customer. Everly will notify the customer of a replacement or equivalent products if available.
It is important that you as a customer carefully check your goods / products when you receive your shipment in order to verify that the products are not damaged and correct. If your product is damaged in transport, whether the damage is visible or hidden, you must report this as soon as possible to the carrier. If you receive your item and see that it is damaged or does not match the one you ordered, you shall also contact us within 30 days from receiving the product.
Any complaints shall be made to our customer service through one of the contact methods on the contact page. Please supply the order number and the reason for complaint and we will get back to you shortly. Same applies for returns. Defective products returned to Everly should be treated as if they were faultless. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit. Everly has the right to replace defective goods with goods of the same model. If the item has been discontinued, the customer will receive a full refund. In the case that a returned product has no errors or faults, Everly will send the product back to the customer.
Everly responsibility for errors in connection to delivery is limited to existing conditions of sale. Everly bears no direct or indirect responsibility for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work or other economic harm.
We warrant to you that any product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will remain so for a period of 24 months from the date of delivery.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.
This does not exclude or limit in any way our liability:
For death or personal injury caused by our negligence;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss or corruption of data; or
Waste of management or office time
However arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Use of website
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
Incompatibility of the Website with any of your equipment, software or telecommunications links;
Technical problems including errors or interruptions of the Website;
Unsuitability, unreliability or inaccuracy of the Website; and
Failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.
Everly shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new / amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.
Site usage policy and intellectual property rights
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:
- Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
- Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
- Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- Sending unsolicited email, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
(B) GENERAL RULES
You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Everly owner of the Everly Brand, and/or its parents, subsidiaries and affiliates (collectively, "Everly") or other parties that have licensed to or otherwise permitted their material to be used by Everly. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Everly or used with permission. Everly.dk, Everly, the Everly logos, and all other trademarks appearing on this Site are trademarks of Everly or are licensed or used with permission of the owner by Everly. You agree not to display or use such trademarks without Everly prior written permission. Everly disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.
The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The www.everly.dk website may include user generated content, for example social media applications. Everly does not claim any ownership in rights in such content (images, photos and videos etc.) And take no legal responsibility for it. In case you suspect a violation of copyright, or any other right, or otherwise is offended by such content, please contact our customer service.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Everly and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Everly, including the execution of deeds and documents, at the request of Everly.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Everly: The content and material is accurate;
Use of the content and material you supply does not breach any applicable Everly guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Everly for all claims brought by a third party against Everly arising out of or in connection with a breach of any of these warranties.
Links to other web sites
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Everly does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Everly makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Everly. Your linking to this web site, off-site pages or other sites is at your own risk and without the consent of Everly.
Retention of title
All products remain in Everly property until full payment is made.
All frauds are reported to the authorities and Everly reserves the right to cancel the purchase if any suspicion is raised.
Governing law and jurisdiction
QUESTIONS; CONTACTING Everly; REPORTING VIOLATIONS.
A NOTE ABOUT CHILDREN.
We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Everly and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us ay email@example.com
A NOTE TO USERS OUTSIDE OF THE UNITED STATES.
TYPES OF DATA WE COLLECT.
“PERSONAL DATA” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “ANONYMOUS DATA” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below:
INFORMATION YOU PROVIDE TO US.
If you create an account by registering directly with us, we will request your name, email, and password.
When you order merchandise, we will collect information necessary to process your order such as your shipping and billing information and payment information.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you post content on our Services such as a review, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your first name and last initial. The information that you provide will be visible to others, including anonymous visitors to the Site.
We may also collect Personal Data at other points in our Site and Services that state that Personal Data is being collected.
INFORMATION YOU PROVIDE TO FACEBOOK, GOOGLE, AND OTHER SOCIAL NETWORKING SITES.
INFORMATION COLLECTED VIA TECHNOLOGY.
Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
In addition, we use “PIXEL TAGS” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data. Do Not Track Signals. We do not currently respond to “do not track” signals from web browsers.
When we post videos, third parties may use local shared objects, known as “FLASH COOKIES,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: HTTP://WWW.MACROMEDIA.COM/SUPPORT/DOCUMENTATION/EN/FLASHPLAYER/HELP/SETTINGS_MANAGER07.HTML.
INFORMATION COLLECTED FROM YOU ABOUT OTHERS.
If you decide to invite a third party to create an account and/or purchase our merchandise, we will collect your and the third party’s contact information in order to send a message to the third party and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to collect such information and contact the third party as described in the foregoing sentence. You or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database.
INFORMATION COLLECTED FROM THIRD PARTY COMPANIES.
We may receive Personal and/or Anonymous Data about you from certain third parties, such as demographic information from Facebook tools. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
USE OF YOUR PERSONAL DATA
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
- Facilitate the creation of and secure your account on our network;
- Identify you as a user in our system;
- Provide improved administration of our Site and Services;
- Provide the Services you request;
- Improve the quality of experience when you interact with our Site and Services;
- Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
- Send you administrative e-mail notifications, such as order confirmations, order status updates, security, or support and maintenance advisories;
- Respond to your inquiries related to employment opportunities or other requests;
- Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Everly;
- To allow you to participate in interactive features of our service when you choose to do so; and
- In any other manner stated on our Site or Services.
CREATION OF ANONYMOUS DATA:
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
DISCLOSURE OF YOUR PERSONAL DATA:
When you post comments on our Site, you will be identified by your first name and last initial. Please note that any Personal Data you include on a public area of the Site will be publicly viewable. Once displayed publicly, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information which you do not want to make available to the public in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
THIRD PARTY SERVICE PROVIDERS:
SOCIAL NETWORKING SITES:
THIRD PARTY PAYMENT PROCESSING
For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Quickpay (https://quickpay.net) and paypal (https://www.clearhaus.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://quickpay.net/uk/terms-of-service and https://www.clearhaus.com/dk/privacy.
THIRD PARTY WEBSITES
YOUR CHOICES REGARDING INFORMATIONM
You have several choices regarding the use of information on our Service:
If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.
Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account.
CHANGING OR DELETING YOUR PERSONAL DATA:
You may change any of your Personal Data in your account by contacting email@example.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
TAXES & INTERNATIONAL SHIPPING
Please note that in accordance with the applicable legislation, all prices displayed on the Everly websites are including VAT. If an order will be shipped to a non-EU country, VAT will be removed at the checkout page or earlier depending on which destination the item will be shipped to.
If an order is shipped to a non-EU country, you may be subject to import duties and taxes, which will be collected upon delivery. As a customer, you will be responsible for payment of such import charges.
Import charges are normally based on the item’s price, weight, dimensions, and country of origin, as well as any local taxes, duties and fees. However, as charges varies across countries, Everly advises you to contact your local customs office for further information.
Return and Exchange
If you would like to exchange for another model, color etc., please contact us at Nordd@nordd.dk or our live chat to find out more.
You always have the right to exchange or get your money back within 14 days from the day you receive the package, as long as the goods have not been used. All original packaging must be returned with the product. Please note that you are responsible for the product until it reaches us.
NB: Personal engraved products cannot be returned or refunded. That is, the engravings that you have made yourself. However, you can return the pre-engraved.