Sales Terms and Conditions

The NadaUp Online Store, available at www.nadaup.com, is run by WINTECH PRODUCTION GROUP SP.Z.O.O. UL. ŁĘCZYCKA 54,62-660 DĄBIE VAT: PL6661992800 VAT: GB 301078547 “Wintech”.

These Regulations define the rules for concluding and performing the contract for the sale of goods ("Sales Agreement") available on the Store's website and, together with the Privacy Policy, constitute the entire agreement between the Customer and Wintech. The subject of sale are goods presented by the Online Store on the website at the time of placing the order.

By purchasing via the Online Store, you agree to the terms of the contract presented in these Regulations and the Privacy Policy.

 

Definitions

“Online Store” or “Store” means the store provided by Smart Line Furniture 24 available at nadaup.com.

"Website" means the website available at www.nadaup.com

“Blog” means the website available at www.nadaup.com/blog.

"Client" and/or "Buyer" means a person and/or entity browsing the Online Store, Website, and/or Blog or purchasing via the Online Store. The Customer of the Online Store may or may not also be “Consumer” i.e. a natural person performing a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity. In the case of a Customer who is a Consumer, the provisions regarding the protection of Consumer rights apply. "Commodity" means an item purchased by the Customer via the Online Store.

“Special Goods” means Goods manufactured to the customer's special order. Ordering Special Goods is possible via the Online Store or by direct contact with the Store. The waiting time for Special Goods is extended, which the Store informs about during the ordering process.

 

General Provisions

1. All prices presented in the Online Store and on the Website are given in the currency applicable in a given store. The website also contains information on VAT and other applicable fees. The price given for each product does not include shipping costs.

2. The store reserves the right to change the price of goods, introduce and withdraw goods, conduct and cancel promotional campaigns. However, this does not limit in any way the rights acquired by Buyers.

3. The store does not sell directly at the company's headquarters or sales office.

4. Due to the nature of the goods sold, the color patterns, materials and dimensions presented on the Online Store's website may differ slightly from the actual ones.

5. To use the services of the Online Store, it is necessary to have devices allowing access to the Internet along with the software necessary to display websites. In order to properly use the Store, the user should have computer hardware and software that meets the following minimum requirements: Internet Explorer browser version at least 6.0. or Firefox version at least 2.0, monitor resolution of at least 1024x768, cookies and JavaScript enabled.

6. The Store is not responsible for any difficulties resulting from the availability of the Online Store, Website or Blog, however, it will make every effort to ensure the smooth functioning of the above-mentioned resources.

7. The customer is obliged to estimate whether the ordered item will fit in the place of delivery (house, apartment, other property) based on the data presented in the item description on the Website. If the size of the goods is incorrectly estimated and its delivery is impossible, the Customer may be charged with additional costs.

8. The Store is not liable for non-performance or improper performance of services provided within the Website if it is caused by third parties, in particular telecommunications operators, suppliers of telecommunications connections and electricity.

9. The Customer is responsible just as he is for his own actions or omissions for the actions or omissions of another entity to which he enables the use of the Website through his own account in the Online Store.

10. The buyer becomes the owner of the goods after delivering the goods and paying the price along with delivery costs.

11. During the delivery of the goods by the courier company, the Buyer is obliged to check, in the presence of the courier, whether the shipment has been damaged during transport and to report this damage immediately, within no longer than 48 hours, via the complaint form available on the store's website. If damage to the shipment is found, the Seller recommends preparing a damage report. The lack of a shipment damage report may significantly hamper the Buyer's ability to pursue any claims against the Store or the courier company and determine the person responsible for the shipment damage.

 

Slight differences in goods

1. The Store will exercise due diligence to ensure that the representations and descriptions of the goods appearing on our Website are correct. We have made reasonable efforts to display as accurately as possible the appearance/color/texture/finish of our goods. However, the Customer acknowledges and accepts that there may be slight differences between the actual goods and the way they appear on our website. For example, color tones may vary.

2. The customer acknowledges that fabrics may vary slightly in color and shade. We therefore cannot guarantee that the color and shade of any goods will be identical to a previous order, sample or the way in which the goods are displayed on our website.

3. The label or packaging of the goods you receive may differ from the images on our website.

 

Placing orders

1. Orders placed via the Store's website can be placed 24 hours a day.

2. The information contained on the Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation and presentation of information to visitors about the possibility of concluding a sales contract.

3. The Buyer ensures that his order and any other information he provides to us are correct and will immediately inform us of any changes to both the order and personal data related to the order.

4. To place an order, the Buyer should add the selected goods to the product basket and then indicate the method of collection and payment in the basket.

5. Free cancellation or modification of the order by the Buyer is possible within 3 days from the date of placing the order by the Buyer. To do this, please contact the Store via e-mail using the following address: [wellness@nadaup.com] or via the contact form.

6. The buyer can choose one of the following payment methods:

- payment in the system Payu

-Payment via Stripe

- payment via Apple Pay / Google Pay

- payment via the Klarna system

- payment via PayPal

7. Before placing an order, the Buyer is informed about the Seller's details, the total price for the selected Goods and Delivery, as well as all additional costs (including the costs of additional services, e.g. transport) that he is obliged to incur in connection with the Sales Agreement. Placing an Order requires acceptance of the website regulations and sales regulations available on the Website.

8. Placing an Order constitutes an offer by the Buyer to conclude a Sales Agreement for the Goods that are the subject of the order via the Online Store.

 

Order fulfillment

1. The condition for the execution of an order placed by the Buyer is to provide true personal and contact details when registering or completing the order form. Thus, the Buyer consents to the processing of his data for the purpose and scope specified in the Privacy Policy.
2. The Store informs the Buyer about possible delivery dates, methods and costs via the website or in a dedicated message.
3. Deliveries of goods purchased in the Online Store are carried out only in Poland. Products from our offer are delivered to the customer within 5-20 business days from the date of successful order placement. The execution of some orders may exceed the above-mentioned time. There are also product lines with longer waiting times. The order completion date is always given on the product card. The delivery time is counted from the moment of receipt of payment.
4. The store ships the ordered goods via courier companies, and in the case of larger orders, via carriers who cooperate directly with the manufacturer. In the case of Special Goods, courier delivery may take longer.
5. If the order cannot be completed, the Buyer will be notified immediately and the Seller will refund the amount of money received from the Buyer as soon as possible. Instead of a refund, the Buyer may agree to extend the order processing time.
6. The buyer receives proof of purchase, i.e. a receipt or a VAT invoice together with the goods or in electronic form.
7. Our prices may change from time to time. The price for the goods ordered is the price quoted on our website at the time the order is sent to us. Any applicable VAT or sales tax is included in all prices quoted. We may change the amount of VAT charged if the rate of VAT changes, unless you have paid for the goods in full by the date the rate changes.
8. Information about delivery costs is provided for each product presented on the Website and in the order confirmation. Delivery costs are added to the order and are borne by the Buyer. The seller informs that delivery is free for some goods.
9. Detailed information about deliveries is available in the DELIVERY FORMS tab on the Online Store website.
10. The Buyer can check the current status of the order after logging in to his account (on the Store's home page).
11. During the delivery of the goods by the courier company, the Buyer is obliged to check, in the presence of the courier, whether the parcel has not been damaged during transport. If damage to the shipment is found, the Seller recommends preparing a damage report. The lack of a shipment damage report may significantly hamper the Buyer's ability to pursue any claims against the Store or the courier company and determine the person responsible for the shipment damage.
12. Specialty Goods or certain Limited Edition Goods may require special organizational measures for return. If the Buyer wishes to cancel the order, he or she is asked to contact the Store as soon as possible, not later than 3 days from the order date, in order to avoid additional operational costs related to the cancellation of production.
13. If we mistakenly display an incorrect price for any Goods on the Website, we are under no obligation to supply them at that price, provided that the Buyer is notified before the Goods are dispatched. If an error is detected before shipment, the Buyer will be able to decide whether he wants to order the Goods at the correct price, but if not, the Store will refund the entire payment made by the Buyer.

14. All payments are subject to review and approval by our transaction processing partners. We reserve the right to refuse or cancel any payment for any reason, including suspected fraud, unauthorized use or insufficient funds. We also reserve the right to change payment terms at any time without prior notice. If you have any questions or concerns regarding our payment terms, please contact us at [wellness@nadaup.coml] or via the contact form.

 

Complaints

1. The buyer has the right to file a complaint about the purchased goods.

2. The buyer submits a complaint using the complaint form by completing the fields marked as mandatory in the form available in the tab COMPLAINTS AND RETURNS and following the instructions on the indicated page. Additionally, in order to submit a complaint, he should attach the documentation necessary to consider the complaint in accordance with the recommendations in the form.

3. Complaints are considered within 14 days of submitting the relevant complaint, in accordance with applicable regulations. The Buyer will be informed by the Seller about how it will be considered by phone or e-mail.
4. The buyer is entitled to make a complaint under the seller's warranty. Under the warranty, the buyer may demand:
- bringing the goods to the condition consistent with the contract by free repair,
- replacing the goods with new ones (unless repair or replacement is impossible or requires excessive costs),
- appropriate price reduction,
- withdrawal from the contract.
5. From February 15, 2016, it is possible to resolve disputes between consumers and entrepreneurs out of court, electronically, via the European Union ODR online platform. The platform is located at: http://ec.europa.eu/consumers/odr/
6. If the Buyer needs to return the Goods for repair at the manufacturer, the Buyer undertakes to properly secure the Product before shipment in accordance with point 8 of section Right to withdraw from the contract and return policy.

7. The Store will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, property, data or other intangible losses (even if the Store has been advised of the possibility of such damages).

8. The store is not responsible for business losses. We supply products for home and private use only. If you use the products for commercial, business or resale purposes, we will not be liable to the Customer/Buyer for any loss of profits, loss of business, business interruption or loss of business opportunity.

9. We are not liable for any failure or delay in performance of our obligations caused by events beyond our control ("Force Majeure Event"). A Force Majeure Event includes any act, event, omission or accident beyond our control. In the event of a Force Majeure Event, the provision of our Services is suspended for its duration and the implementation deadline is extended accordingly. We will take all reasonable steps to end the Force Majeure Event or to find a solution to enable us to perform our obligations under the Terms despite its occurrence.

 

Right to withdraw from the contract and return policy

1. The consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason. The deadline to withdraw from the Sales Agreement expires after 14 days from the date on which the Consumer came into possession of the item or on which a third party other than the carrier and indicated by the Consumer came into possession of the item.

2. The period for withdrawing from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.

3. To exercise the right to withdraw from the Sales Agreement, please inform the Store about your decision using the return form available in the tab COMPLAINTS AND RETURNS and following the instructions on the indicated page) The detailed complaint policy can be found in Annex 1 to these Regulations. The goods may be covered by the distributor's or manufacturer's warranty in accordance with the "Warranty" section of these regulations. The seller does not provide a separate warranty. Any warranty does not exclude, limit or suspend the rights arising from the warranty

4. The Consumer is not entitled to withdraw from the contract in relation to the Sales Agreement in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs.

5. In the event of withdrawal, the Consumer is obliged to return the goods in unchanged condition, unless the change was necessary within the scope of ordinary management. The consumer returns the goods undamaged and unused, suitable for re-sale in terms of condition and usability.

6. The costs of shipping containing the returned goods are borne by the Consumer.

7. The consumer is obliged to return the Goods immediately, no later than 14 days from the date of withdrawal from the contract.

8. In order to properly protect the returned goods, the Store recommends sending the returned goods in a secured, original packaging or other replacement packaging ensuring the necessary safety for the returned goods, together with the sales document, the original of the completed return form and other documents attached to the goods (e.g. instructions, warranty, etc.). If the original packaging is missing, the Customer is obliged to pack the returned goods in a way that allows safe transport.

9. Possible costs related to the Buyer's withdrawal from the contract, which the Buyer is obliged to bear:

and). If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.

b). The Buyer, including the Consumer, is obliged to bear all costs of returning the Goods. The Seller may deduct the above-mentioned costs of returning the Goods from the funds to be refunded to the Buyer's account in connection with the termination of the contract. The cost of returning the Goods depends on the dimensions and weight. The Store will inform the Buyer about the return cost by e-mail.

10. In order to return Goods purchased through the Online Store, the Buyer should contact the Store to arrange the terms of receipt of the Goods.

11. The refund for the Goods, together with the shipping costs incurred by the Consumer when purchasing the Goods, will be made by the Online Store within 14 days from the date of withdrawal from the contract by the Consumer. The refund will be made using the same payment methods used by the Buyer in the original transaction, unless the Buyer agrees to a different solution. The Online Store may withhold the refund until the Goods are received or until proof of their return is provided.

12. The Buyer is liable for reducing the value of the Goods as a result of using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This means that any damage resulting from improper use of the purchased Goods is the Buyer's responsibility.

13. The Online Store is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year (1 year) from the discovery of the defect. If the buyer is a Consumer, this period may not end before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested the replacement of the Goods with a defect-free one or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a declaration of price reduction begins upon the ineffective expiry of the deadline for replacing the Goods or removing the defect.

14. In the case of other Buyers who do not have the status of a Consumer, the rules and deadlines for withdrawal from the contract are regulated by the provisions of the Civil Code.

15. If the Buyer decides to cancel the Order after 3 business days from the date of correctly placing the order, the Store may charge the Buyer additional operating costs resulting from the cancellation in an amount not exceeding PLN 200, regardless of the size of the Order.

 

G5-YEAR WARRANTY

NadaUp Powered by Mammoth Technology

1. General provisions

1. Products available through the Online Store are covered 5-year manufacturer's warranty.

2. The warranty applies only manufacturing defects and does not cover normal wear and tear of the product resulting from use.

3. Mattress replacement under warranty does not restart the warranty period. The warranty is valid from the original date of purchase.

2. Warranty period and mattress value depreciation system

1. The full warranty is valid for the first 2 years use. If a manufacturing defect is confirmed, the mattress will be repaired or replaced.

2. Of 3rd year of use valid mattress value depreciation system:

3. If the mattress is replaced under warranty, the customer is obliged to cover an appropriate percentage of its current market value, and the remaining cost is covered by the manufacturer.

3. Scope of warranty – what does the warranty cover?

The warranty covers only manufacturing defects, including:

• Permanent sags or depressions in the foam over 2.5 cmthat are not the result of improper use.

• Cracks or depressions in the mattress foam reported within the first 6 months of receipt.

• A mattress that has not reached the correct size after unpacking (if after 14 days of opening it still does not meet industry standards of ±2 cm in length, width and depth).

• Damage to the cover resulting from manufacturing defects (e.g. faulty zipper, seams).

4. What is NOT covered by warranty?

Guarantee does not include:

• Natural wear and tear of the mattress, including:

• Softening of the foam resulting from use.

• Dents less than 2.5 cm, which are considered standard wear and tear.

• Changes in mattress hardness resulting from everyday use.

• Damage resulting from improper use, including:

• Using the mattress on inappropriate frame (e.g. frames with slats spacing more than 4 cm).

• Storing the mattress in humid conditions causing material degradation.

• Folding, bending or re-rolling the mattress after it has been fully unfolded.

• Stains, floods, burns, cuts or other mechanical damage.

• Improper maintenance of the cover, including:

• Washing at a higher temperature than recommended.

• Normal wear of the cover, discoloration, stretching of the fabric resulting from use.

If the cover is damaged, the warranty only covers its replacement, not the entire mattress.

5. Complaints process

1. To submit a complaint, the customer must:

• Provide proof of purchase.

• Send clear photos showing the defect of the mattress.

• Contact customer service department, which will assess the application in terms of meeting the warranty conditions.

2. If the complaint is accepted:

• If the defect applies cover, only the cover will be replaced.

• If the defect applies marshmallows, the mattress will be repaired or replaced in accordance with value depreciation system.

3. Refunds are not possible.

4. However, if under warranty the mattress will be replaced three times and the defect still exists, the customer has the right to full refund of the purchase price after returning the defective mattress.

6. Warranty limitations

1. The warranty applies only to the original purchaser of the mattress i it cannot be transferred to another person.

2. The warranty applies only for mattresses purchased from authorized sellers.

3. If you purchase a mattress with unauthorized source the customer should contact the seller directly.

NadaUp reserves the right to:

• Rejection of complaints, if the damage results from improper use.

• Providing a replacement mattress only in the event of a recognized manufacturing defect.

• Charge the customer with transportation costs in the event of a rejected complaint.

7. Final provisions

1. NadaUp Powered by Mammoth Technology guarantees high quality and durability of the mattress.

2. 5-year warranty - the value of the mattress decreases after the 3rd year of use.

3. The warranty covers only manufacturing defects and does not entitle you to replace the mattress with a new one in the event of natural wear.

NadaUp Powered by Mammoth Technology – assures healthy and comfortable sleep for years.

 

Discount codes

1. From time to time, the Store may offer discount codes. All discount codes apply to the price excluding delivery costs. Such codes can only be applied to purchases made through the Online Store account for which the discount code was offered and registered, and are not transferable or exchangeable for cash. Unless otherwise specified: codes (1) are only available for future new orders placed via the Online Store; (2) cannot be used retroactively; (3) can only be redeemed once per customer; and (4) expire after the date individually set as part of the promotion, but no longer than X. The Buyer may not use more than one discount code during one transaction, unless we decide otherwise; if we do so, the order in which the codes are applied is at the sole discretion of the Online Store.

2. The store reserves the right to reject any discount code if we consider that it is used in violation of these terms and conditions. Discount codes are subject to any additional specific terms and conditions which are specified at the time of issue. We reserve the right to discontinue or otherwise modify discount codes at any time without prior notice.

 

Special regulations for entities that are not consumers

1. The Buyer who is not a Consumer is obliged to inspect all goods immediately upon receipt and, if any objections arise, notify us in writing of any damage to the goods within 24 hours of delivery, and within five business days (5 business days) the Buyer who is not a Consumer must notify the Store via [ wellness@nadaup.com ] of any basis on which it claims that the goods are not in conformity with this contract. In the absence of such notice, the goods will be presumed to be in conformity in all respects with this contract and free from any defect that would be apparent on reasonable examination and the non-consumer Buyer will be deemed to have accepted the goods accordingly.

2. The Store's total liability for any kind (including our own negligence) is limited to the price paid for the goods.

3. Under no circumstances (including our own negligence) will we be liable for any:

• economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings),

• loss of goodwill or reputation,

• special, indirect or consequential losses, or

• data corruption or loss.

4. The Customer will indemnify the Store against all claims and liabilities directly or indirectly related to the breach of this agreement.

5. These Regulations constitute the contract and the entire agreement between the Customer and the Online Store with respect to its subject matter and supersede any previous communications or agreements between the Customer and the Store. Both the Store and the Customer confirm that there have been no misrepresentations and that neither has relied on any pre-contractual representations. Liability for any misrepresentation (excluding false misrepresentation) in relation to the terms of this agreement is excluded.

6. The Store is not liable for non-performance or delay in performance of any obligation arising from this agreement, if the non-performance or delay is caused by circumstances beyond our control, including telecommunications failures of third parties.

 

Responsibility

1. Nothing in these Terms and Conditions in any way limits or excludes the Store's liability for negligence resulting in death or personal injury or for fraud or fraudulent misrepresentation or for anything which cannot be legally excluded or limited. In this section, all references to us include our employees and agents.

2. We will not be liable for any loss or damage caused by us, our employees or agents in circumstances where:

• there has been no breach of legal obligation towards the Buyer by the Store or by any of our employees or agents;

• such loss or damage was not reasonably foreseeable (meaning that it was not an obvious consequence of our breach or was not contemplated by the Customer and the Store at the time of entering into this contract);

• such loss or damage has been caused by you, for example by failing to comply with this agreement; or

• such loss or damage is business-related (because we do not intend for goods purchased by Consumers to be used in the conduct of a business).

3. You will be liable to us for any reasonably foreseeable loss or damage which we suffer as a result of your breach of this contract (subject, of course, to our obligation to mitigate any losses).

4. The Store is not liable for non-performance or delay in performance of any obligation arising from this agreement, if the non-performance or delay is caused by circumstances beyond our control, including telecommunications failures of third parties.

 

Processing of personal data

1. By completing the registration form in the Store, the Buyer declares that the data provided therein are consistent with the actual situation and consents to their processing. The Store undertakes to process personal data in accordance with applicable law.
2. The Buyer has the right to access his/her personal data, correct it and delete it. The Store provides each Buyer with the right to control data processing in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation".
3. Personal data is processed under the conditions and in the manner specified in the Store's Privacy Policy.

 

ANNEX 1

PROCEDURE FOR SUBMITTING COMPLAINTS

In order to submit a complaint for Goods purchased through the Online Store provided by the Store, please follow the steps below.

1. Complete the form available at the following address [.........]. Additionally, the Store asks you to attach photo documentation and a verbal description enabling a better assessment of the scope of the reported defect.

2. The Buyer should read the instructions explaining how to submit a complaint or return and provide, using the form, correct personal data, including contact details enabling identification of the reporting party and contact details regarding the reported defect.

The store undertakes to consider the complaint within 3 business days from the date of effective notification. As a result of positive consideration of the application, the Store may offer the following services:

1. Providing a repair service to remove the defect of the purchased Goods on-site (at the place of delivery of the Goods in accordance with the order);

2. Delivery of a spare part, the replacement of which will remove the defect reported by the Customer;

3. Granting a discount in connection with the inconvenience experienced by the Customer as a result of receiving Goods with a defect;

4. Refund and collection of the defective Goods from the Customer.