Terms of service

OVERVIEW

Welcome to nina + pearl! The terms "we", "us" and "our" refer to nina + pearl. nina + pearl operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). nina + pearl is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online stores. For consumers residing in the European Union, this does not affect your statutory rights regarding the mandatory legal guarantee of conformity for goods under applicable consumer protection laws.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Before placing an order, you will see a summary of the key contract terms including: product description, total price (including all taxes and shipping), payment methods, delivery time, and your 14-day withdrawal right. By clicking "Place Order", you expressly request that we begin performing the contract. You will receive an order confirmation email within 24 hours. We store the contract text (these Terms and your order details), and you can access them in your account or by contacting us.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. nina + pearl reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until nina + pearl confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as nina + pearl may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

All prices displayed in our store are in Euro (€) and include all applicable taxes.

VAT Information: We are a small business registered in Slovenia. As of now, we are not VAT-registered (we do not charge VAT) because our annual turnover does not exceed the Slovenian VAT threshold. For consumers in other EU countries, VAT may be charged according to the EU distance selling rules once our cross-border sales exceed €10,000 per year. In that case, we will inform you before checkout.

Prices, discounts and promotions are subject to change without notice. The price charged will be the price at the time you place your order, as shown in your order confirmation email.

Shipping, handling, and any customs or import charges (for non-EU deliveries) are additional unless stated otherwise. For deliveries within the European Union, no customs or import duties apply.

You agree to provide current, complete and accurate purchase and account information. We reserve the right to cancel any order if pricing information is incorrect due to error.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays caused by events outside our control. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or customs processing. For consumer purchases within the European Union, the risk of loss or damage to the products passes to you only when you, or a third party designated by you (other than the carrier), take physical possession of the goods.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by nina + pearl, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of nina + pearl, Shopify or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by nina + pearl.

nina + pearl's names, logos, product and service names, designs, and slogans are trademarks of nina + pearl or its affiliates or licensors. You must not use such trademarks without the prior written permission of nina + pearl. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site 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 provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

nina + pearl is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with nina + pearl. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and nina + pearl, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with nina + pearl.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm nina + pearl, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit 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; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

16.1 Our products

We take great care to accurately describe and photograph our jewellery on our website. However, please note:

Colours and details may appear slightly different depending on your device screen and settings.

Each piece may have natural variations due to handmade or materials characteristics. These are not defects — they are part of the unique character of the product.

16.2 No unrealistic promises

We do our best to provide a smooth and reliable service, but we cannot guarantee that:

The website will always be available, uninterrupted, or error-free

Any errors or inaccuracies will be corrected immediately

The service or server is completely secure or free of viruses or bugs

You use the Services at your own discretion.

16.3 "As is" — but with your consumer rights intact

Except as expressly stated in these Terms, the Services and our products are provided "as is" and "as available" without any express or implied warranties.

However — and this is important — nothing in this section removes or limits your statutory rights as a consumer.

16.4 Your legal guarantee (EU consumers)

If you are a consumer residing in the European Union or Slovenia:

You have a 2-year legal guarantee of conformityunder the Slovenian Consumer Protection Act (ZVPot-1) and EU law.

If a product is defective or does not conform to our contract at the time of delivery, you have the right to a repair, replacement, price reduction, or refund.

This legal guarantee applies regardless of anything stated in this section.

16.5 What we do guarantee

We guarantee that our products will be of satisfactory quality, match their description, and be free from manufacturing defects at the time of delivery.

If something is wrong, please contact us at nina@ninaandpearl.com — we will work with you to make it right.

16.6 What we do not guarantee

We do not guarantee that our products will last indefinitely against normal wear and tear, or against damage caused by accidents, misuse, improper care, or normal ageing of materials (e.g., tarnishing of metals over time).

We are not responsible for allergic reactions to materials unless the product was defective or misrepresented.

SECTION 17 - LIMITATION OF LIABILITY

In plain language: If something goes wrong with your order, we will make it right by refunding or replacing the product. We are a small business, so we cannot take responsibility for unexpected indirect losses like lost time or business opportunities. Your legal rights as an EU consumer are always protected — nothing in this section overrides them.

17.1 Our liability to you

We sell our products to consumers for personal and household use. We are not liable for any business losses, such as lost profits, lost revenue, or lost data.

17.2 What we are liable for

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence or intentional misconduct, hidden defects in our products, any liability that cannot be limited or excluded under the Slovenian Obligations Code (Obligacijski zakonik) or mandatory EU consumer protection laws.

17.3 Direct damages

If we fail to deliver products that conform to our contract with you, or if we otherwise breach these Terms, we are liable for the direct and reasonably foreseeable damages you suffer as a result. Direct damages include the purchase price you paid and any reasonably foreseeable shipping or related costs.

17.4 Indirect damages

To the fullest extent permitted by applicable law, we are not liable for indirect or consequential damages — such as loss of time, loss of enjoyment, damage to other property, or lost business opportunities — unless such damages were caused by our gross negligence or intentional misconduct.

17.5 Maximum liability

Our total liability to you for any claim arising from your purchase or use of our products is limited to the total price you paid for the specific product that caused the claim. This limit does not apply to claims involving death, personal injury, fraud, or gross negligence.

17.6 Your statutory rights as an EU consumer

If you are a consumer residing in the European Union, your statutory rights under the Slovenian Consumer Protection Act (ZVPot-1) and EU law are not affected by this section. This means: you retain your 2-year legal guarantee of conformity for goods, you retain your 14-day right of withdrawal, you retain the right to claim damages for hidden defects, nothing in these Terms can take away rights that mandatory consumer protection laws give you

17.7 Force majeure

We are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control, including natural disasters, strikes, wars, pandemics, or disruptions by our payment or shipping partners.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless nina + pearl and its owner for any reasonable losses, damages, or liabilities arising directly from your breach of these Terms of Service, your violation of applicable law, or your misuse of our Services. This indemnification obligation applies only to the extent permitted by Slovenian and EU consumer protection laws. For consumers acting in good faith, your liability under this section is limited to damages that were reasonably foreseeable.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service are governed by the laws of the Republic of Slovenia. However, if you are a consumer residing in another European Union member state, you also benefit from the mandatory consumer protection laws of your country of residence. In such cases, Slovenian law will apply but will not deprive you of the protection afforded by the laws of your home country.

Any dispute arising from these Terms or your purchase may be brought before the competent courts of Slovenia or, at your option as a consumer, before the courts of your country of residence.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - RIGHT OF WITHDRAWAL (EU CONSUMERS)

If you are a consumer residing in the European Union, you have a statutory right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you, or a third party indicated by you, acquire physical possession of the goods. To exercise this right, you must inform us of your decision via a clear statement sent by email before the 14-day period expires. For full details on return procedures and potential legal exclusions (such as personalized or sealed items), please refer to our Refund Policy.

SECTION 26 - OUT-OF-COURT DISPUTE RESOLUTION

At nina + pearl, we love our customers and are fully committed to resolving any questions, concerns, or complaints directly, quickly, and amicably with you.

For cross-border shopping, the European Commission provides an online platform for Online Dispute Resolution (ODR) for EU consumers, which can be accessed at: https://ec.europa.eu/consumers/odr/.

Please note that in strict accordance with the Slovenian Out-of-Court Resolution of Consumer Disputes Act (ZIsRPS), nina + pearl does not formally recognize any specific private out-of-court consumer dispute resolution provider as competent to resolve consumer disputes. This is a standard legal registration formality for small businesses in Slovenia and does not affect your statutory consumer rights. If you ever have an issue with an order, please email us directly at nina@ninaandpearl.com. We are here to help and will always work with you to make things right.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at nina@ninaandpearl.com

Our contact information is posted below:

nina & pearl, izdelava nakita, Nina Josipović s. p.

nina@ninaandpearl.com

Kočevska cesta 285, Škofljica, Slovenija

Business Registration Number (Matična številka): 7527080000

Tax ID (Davčna številka): 64359581 (Not registered for VAT / DDV ni obračunan na podlagi prvega odstavka 94. člena Zakona o davku na dodano vrednost - nismo zavezanci za DDV)