terms & conditions
1. NAUU by SadusLuxury, Unipessoal Lda
1. SADUSLUXURY, Unipessoal LDA. is a legal entity registered in Portugal, under Portuguese Law. Hereinafter referred to as NAUU. 2. NAUU sells products covered by the “NAUU” trademark worldwide. 3. Every product, drawing, sample, design, sketch, or product whatsoever designed, created, or produced by NAUU – hereinafter referred to as the PRODUCT. 4. Every private person, corporate entity, or registered company who enters into a legal transaction, hereinafter referred to as the CUSTOMER. 5. The ORDER is to be understood as a legal transaction regarding the acquisition of the PRODUCT or SERVICE by the CUSTOMER. 6. The REPRESENTATIVE is to be understood as a NAUU employee, with an official @nauudesign.com email address. The CUSTOMER enters into a legal transaction with NAUU through the REPRESENTATIVE. 7. The Terms and Conditions are applicable to all transactions of NAUU, including but not limited to the following activities: Sales of Goods, Design Services, Product Assembly and Fitting. 8. The DATE OF PURCHASE is to be understood as the date that a pre-payment is received by NAUU. 9. NAUU reserves the right to not enter into a legal transaction with a CUSTOMER at its own discretion; 10. NAUU may modify these Terms and Conditions at any time. By entering into a legal transaction with NAUU, the CUSTOMER accept the Terms and Conditions in force at the DATE OF PURCHASE. 11. The Terms and Conditions are published and updated on NAUU’s official website (www.nauudesign.com) for consultation.
2. Orders
1. There are no required minimums when purchasing NAUU products. 2. To place an order, the CUSTOMER is required to provide information requested by the REPRESENTATIVE for the purpose of a legal transaction, including and not limited to: Billing Name and Billing Address, taxpayer or VAT number (Company Registration number), and email address; or other mandatory information if needed for a legal transaction. 3. The CUSTOMER is responsible for selecting the PRODUCTS that constitute the PURCHASE. 4. Invoice must be used for every PURCHASE meant to be placed with NAUU official REPRESENTATIVE. The payment of the official invoice confirms the CUSTOMER’s item selection, including all finishes specified for each product listed for that given ORDER. 5. NAUU reserves the right to consider any invoice valid for 30 days from the day that it is initially sent. In the case of invoices with shipping quotes, these are considered valid for 10 working-days only. 6. When making a purchase, the CUSTOMER is entitled to require photographs of the ordered PRODUCTS prior to shipment. This request should be made by e-mail to comercial@nauudesign.com, indicating the number of the invoice and the billing name.
3. Custom & Bespoke Products
1. NAUU offers a Bespoke Service to customize its products to meet Customer's needs and specifications. Additionally, NAUU also accepts Made-to-Measure requests.2. A design fee is applied to all Custom / Bespoke orders. This fee is deductible from the final PRODUCT invoice. NAUU reserves the right of setting the valid period and price of a custom-made product official quote accordingly. 3. An official signature and company stamp from the CUSTOMER is required for all technical drawings / schemes associated to any personalized Custom / Bespoke product. 4. Lead time for Custom / Bespoke products is proposed case-by-case at NAUU’s discretion. The lead time begins when the REPRESENTATIVE confirms the reception of the first payment by the CUSTOMER. 5. NAUU provides a lead time estimation with official quotes and invoices that include Custom / Made-to-Measure / Bespoke products, and establishes a final lead time commitment with each technical drawing to be signed by the CUSTOMER.
4.Materials provided by customers
1. For orders with materials provided by customers, NAUU will not begin the production of any PRODUCT requiring any type of materials supplied by the CUSTOMER until all the materials for the products ordered have arrived and have been properly identified by NAUU. Lead time for these kind of production starts after all materials, have been properly identified. 2. The CUSTOMER takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the CUSTOMER. NAUU will not take any responsibility for the selection of materials chosen by the CUSTOMER. 3. NAUU assumes all the materials received have been inspected and are ready for use. NAUU warranties is not extensible to materials supplied by the CUSTOMER. All materials defect related claims are the sole responsibility of the CUSTOMER and material supplier. 4. The CUSTOMER is responsible for ensuring that all materials are identifiable when received. NAUU is not responsible for delays in production or any material misuse if the material is sent without identification by the CUSTOMER.
5. Information about the products
1. NAUU reserves the right, without prior notice, to discontinue products or change specifications on products. 2. NAUU attempts to ensure that information on nauudesign.com or official printed materials are complete, accurate and current. Despite the efforts, the information provided may occasionally be inaccurate, incomplete or out of date. 3. The main characteristics of products are shown on nauudesign.com on each product page. All weights, measures and similar descriptions are approximate, due to the raw materials features and techniques. 4. NAUU makes reasonable efforts to accurately and faithfully display the attributes and relevant information of the original products, including technological means to reduce inaccuracies as much as possible and the applicable colors. However the products displayed may differ slightly to the real garments in terms of image and colours due to the computer system, media screens or printed materials. In consequence, NAUU does not fully guarantee a perfectly clear identity of final products in comparison to their graphic representation shown on the official website or official marketing material.
6. Handmade Production
1. Our products are handcrafted pieces. Each piece has its own attributes which are impossible to replicate identically from piece to piece due to human factor of finest craftsmanship. 2. Due to the nature of NAUU manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or colour differences. 3. Many wood, stone and metal materials and finishes may vary in colour, veining, tone and character. That is considered to be part of the natural materials used. While manufacturer will make every effort to match a finish and/or texture, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. 4. All PRODUCTS featuring brass elements will need to be properly cared for and polished over time. Due to the porous nature of brass, it is common to have slight, unavoidable discrepancies in the metal upon production completion. Foundry products may vary in weight because the nature of the process. 5. NAUU does not fully guarantee a perfectly clear identity of identical finishes in two or more pieces manufactured in separate orders - with respect to colouring, and precision detailing of handmade processes such as wood carving, ceramics, foundry and other metalwork, for the technical reasons listed above.
7. Product Specifications
1. Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect materials, and may lead to fading, stretching, shrinking or other damage. 2. The selection of furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the CLIENT and NAUU will not take any responsability for such selections.
8. Pricing
1. NAUU official Price Lists are public, and all prices of each PRODUCT are displayed in EURO, DOLLAR and POUND. 2. NAUU Price Lists substitute any other published or advertised before, so it must be consulted prior to the order. 3. Prices are subject to change and will be as quoted on NAUU official price list at the time of the PURCHASE. 4. All prices are retail prices, and do not include VAT, or any other taxes, duties and related shipping costs. 5. NAUU reserves the right of applying VAT costs in all relevant cases, and legal taxes and fees must be subsequently added to the retail price. 6. Standard packaging is included in all products prices. If the CUSTOMER requires specific packaging, it will be charged accordingly. 7. All prices and transactions are ex work from Portugal, and therefore do not include any transportation cost or associated fees. 8. The CUSTOMER cannot derive any rights from any information provided by NAUU with regard to an offer, catalogue, leaflet, pricelist, etc. 9. NAUU reserves the right, without prior notice, to discontinue products or change specifications and prices on products.
9. Payment Policy & Dispatch
1. Prior to the start of the production and/or delivery of the products, NAUU requires a 50% advance payment deposit of the total amount, to settle all standard orders. The remaining final balance is required once the order is completed and prior to shipping from Portugal. 2. The CUSTOMER must make each payment via bank transfer as indicated on the ORDER form. The CUSTOMER is advised to confirm NAUU’s bank details prior to making any payment, and it is also advised to send proof of the bank transfer to the designated REPRESENTATIVE. 3. An Order Invoice for each PURCHASE is emitted and sent to the CUSTOMER, once the remaining balance is cleared. 4. All alterations to the Invoice in terms of billing details, and other relevant information, should be requested prior to clearing the order balance. All alterations required once a Final Invoice is submitted will be subject to an administrative fee. 5. The purchased PRODUCTS may be dispatched once the PURCHASE final balance is cleared with the complete payment of all amounts due by the CUSTOMER to NAUU.
10. Shipping Policy
1. All prices and transactions are EX WORK, and therefore do not include any transportation cost or associated fees. 2. When on behalf of the CUSTOMER, the loading, transport, logistics, custom clearance, insurance, unloading or installation of the piece at the place of destination is the entire responsibility of the CUSTOMER. NAUU will be free of any charges or responsibility over events, loss, or any and all damages, during or after transport or installation. 3. Shipping Services are available upon request to NAUU. Shipping services are charged in separate from Product orders. Quotes for Shipping Services are sent via pro-forma invoice and valid for 10 working days since the date of issuance. 4. When the Shipping Quote is requested to NAUU and sent to the CUSTOMER before the advance payment of the Products, NAUU is committed to consider the shipping cost on the pro-forma invoice to be sent to the CUSTOMER. 5. All transportation services requires the receiver of the goods to verify their status with the carrier upon delivery. The POD must be signed with reservations subject to verification with / without apparent damage and provided to NAUU. 6. Ownership of the product transfers to the CUSTOMER upon the freight carrier taking possession of the order for transport. 7. For orders with a final destination outside Europe, NAUU reserves the right to issue the DU (export document) with additional fee per invoice. For orders with a final destination in the United States, NAUU reserves the right to issue the DU (export document) with an additional fee per invoice.(For Shipping Claims, consult Warranty & Damage Claims)
11. Product Warehouse & Storage Fees
1. NAUU reserves the right of applying a storage fee for all PRODUCTS that remain in the shipping warehouse for more than 10 working-days since the notification that the final balance is due, and/or shipping arrangements have not been made within 10 working-days after CUSTOMER being informed that the order is ready to dispatch. 2. Storage fees may be applied up to the total invoice amount if the remaining balance is not paid in full in 10 working-days after CUSTOMER being informed that the order is ready to dispatch. 3. Only after the payment of such fees can the Order can be picked up by the CUSTOMER.
12. Lead Times
1. NAUU settles a standard lead time of 6-8 weeks but reserves the right to adjust the lead time upon submission and evaluation of the request and production availability. 2. NAUU considers different Lead Times for different collections/pieces. The standard production lead time is 6-8 weeks, Standard Limited Edition pieces 8-12 weeks, and for Customized Limited Edition pieces 8-14 weeks lead time. All lead times are triggered on the date the advanced payment is received. Delivery time is not included. 3. In orders which include more than one item from different collections is applicable to the highest lead time for the total order. Lead times for orders of large quantities must be agreed previously and accepted in writing agreement between all parties. 4. Lead times for large orders, orders with personalized or custom-made pieces, must be agreed upon and accepted in writing; 5. Lead time for orders with 1 or more personalized/custom made products, product prototypes, and bespoke products, that may include any change or adjustment on NAUU standard products, it demands a case-by-case review. NAUU reserves the right to adjust the time of delivery accordingly, starting with a minimum of 14 weeks lead time for Custom and Bespoke orders. 6. For custom orders, NAUU starts the stipulated lead time, once the technical drawing is signed and sent to the REPRESENTATIVE, and the reception of the upfront payment.
13. Hospitality / Contract Orders
1. NAUU has industrial capacity to customize standard products and/or new products to meet contract specifications and requirements. 2. Contract Orders require special pricing and delivery time based on quantity and features. NAUU reserves the right to set the official quote accordingly and to adjust the time of delivery accordingly. 3. NAUU offers CUSTOMERS the possibility of negotiating a supply agreement or develop a project, of which a draft should be requested to the REPRESENTATIVE. Terms, conditions and responsibilities are proposed case-by-case at NAUU’s discretion and are agreed by both parties, and should be signed prior to any PURCHASE.
14. Warranty & Damage Claims
1. NAUU shall be liable for material defects in accordance with the applicable legal provisions. Additional warranty from NAUU’s suppliers’ is only applicable if stated in the respective article invoice. 2. Every claim is assessed case-by-case by NAUU’s Customer Service. Should any issue with the products received be detected, a written claim must be submitted to the REPRESENTATIVE and NAUU Customer Care service (at comercial@nauudesign.com) within 2 working days after the reception of the products. After this period, NAUU reserves the right to decline any responsibility on the conditions of the goods. 3. NAUU’s strongly advises CUSTOMERs to verify firstly if damages are perceptible on the package, and then verify all crates upon delivery in order to check for unconformities in the conditions of the goods. 4. The original packaging of the products must be kept. In case a claim is submitted, the packaging must be kept during the period in which the claim is settled. 5. If the collection or return of any item is needed and the original packaging was not kept, the client shall be responsible for all costs and procedures necessary for the item to be in shipping conditions. NAUU shall not be liable in any way for the replacement, acquisition, or any other costs related with the replacement of the original boxes or crates. 6. Damaged products being returned must be in the condition in which they were received by the CUSTOMER. The products must be well accommodated to avoid extra damages. The CUSTOMER must not attempt to modify, handle, install or repair them. 7. NAUU compromises to offer the client a solution proposal within 5 working days of the claim registration and all information requested by the Customer Care service is cleared. 8. The CUSTOMER is advised to check and photograph all pieces ordered and their respective packages, upon their arrival. All claims must be accompanied by photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description. 9. NAUU ensures the repairing or replacement of the components detailed in the claim submission form. NAUU strongly advise to storage the products in good conditions. All other damages not included in the claim submission will not be covered under NAUU warranty, and may be subjected to an upcharge. 10. NAUU reserves the right to refuse any item repairing, pick-up or delivery, from any location other than the original shipping address. Any transportation of the product from destination to a second location will forfeit any transportation damage claim. 11. When claims occur, NAUU exchange information with the CUSTOMER of the related purchase. NAUU reserves the right to not share information or deal with other entities or persons besides the CUSTOMER. 12. NAUU is not responsible for claims from orders placed to other entities, agents, showrooms, or any other beyond NAUU’s reasonable control, besides an official REPRESENTATIVE of NAUU. 13. NAUU’s reserves the right to decline responsibility if: A) The claim is presented after the 2 working day period, or is not accompanied by the mandatory information mentioned in 5 working days; B) The claimed products were altered out or any way tempered with, either by the client or by a third party, without NAUU’s consent; C) The products show clear signs of regular use.
SHIPPING CLAIMS
14. Claims for defects as a result of the shipping process handled by the CUSTOMER, are not covered under NAUU’s warranty. NAUU is not responsible for a CUSTOMER’s own or third party freight damage and claim. In these cases, NAUU is committed to finding a suitable solution with the CUSTOMER. 15. In the case of ex work shipping, NAUU is not liable for damage sustained in transit cargo. In the case of DAP/DDU/DAT shipping, please note that before signing the merchandise delivery document, the CUSTOMER is required to confirm if the package has any perceptible damages. If damages are perceptible on the package, the CUSTOMER should mention “subject to verification” in order to safeguard any eventual damages to the merchandise and file a claim under the insurance policy. 16. When on behalf of NAUU, should visible or concealed damage occur in transit, immediately notify the delivering carrier with initial notification of intent to file a claim. Failure to provide written claim for any damage or loss within 2 working days of the delivery will automatically release NAUU for any liability for damage sustained in transit cargo. 17. The CUSTOMER may claim warranty on defects that result from mishandling in the shipping process, up to 2 working days after receiving an order. As a result, the CUSTOMER must check and photograph all pieces ordered and respective boxes/packages, upon their arrival. All claims related to shipping, must be accompanied by the signed POD, photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description. 18. Proving that any damage in the piece caused by quality requires replacement, NAUU compromises to exchange the damaged part or complete product(s) within a period agreed with the CUSTOMER. It is MANDATORY that NAUU collects the damaged part or complete piece(s) to replace it by new one(s).
15. Order Cancelattion or Modification - Withdrawal
1. Prior to the start of the production of the products, NAUU requires an advance payment for every order. Products are manufactured upon the confirmation of deposit. 2. Should the CUSTOMER need to modify a requested article, its finish or quantity, or correct any errors in the order, specified in the official pro-forma invoice, following its corresponding order placement, the CUSTOMER should follow the instructions suggested by the Customer Care service at comercial@nauudesign.com.3. NAUU reserves the right to charge for any changes made to the order, 2 working days after its payment confirmation is received. 4. To exercise the right of withdrawal, the CUSTOMER must contact Customer Care at comercial@nauudesign.com. 5. Cancellations are accepted within 48h after the deposit of the first advance payment. Any and all cancellation requests will not be accepted after that period. 6. NAUU reserves the right to retain 30% of the total amount of the Product by the CUSTOMER for all Standard Orders. The same is applied for Custom / Bespoke orders if a technical drawing was not sent from the REPRESENTATIVE to the CUSTOMER. 7. For Custom / Bespoke orders, if the technical drawing has been sent from the REPRESENTATIVE to the CUSTOMER, NAUU reserves the right to retain 50% of the total amount deposited by the CUSTOMER. 8. Cancellations will not be accepted of any Custom / Bespoke orders if a technical drawing is approved and signed by the CUSTOMER and/or the production started. NAUU reserves the right to refuse the return or refund of any Custom / Bespoke item. 9. NAUU reserves the right to complete a refund or make an item replacement, only once the original item has been delivered to its designated warehouse and verified for damage. 10. NAUU is also reserved the right to refuse or deduct credit from a refund in cases where the original item is not returned in pristine condition. All products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.) and must be accompanied by the purchase invoice.
16. Force Majeure
1. NAUU shall not be responsible and/or liable for any damages or loss, completion, shipment, or default in delivery towards the CUSTOMER caused by beyond NAUU’s control, but not limited, to A) government action, war, riots, civil commotion, embargoes or martial laws, strikes, trade union conflicts, accidents, lock outs, terrorism, B) Manufacturer’s shortage or absence of raw material, delays on the part of suppliers sources or forwarders, C) shortage of labour, production, or other contingencies of manufacture; D) shortage of transportation facilities or other delays in transit, E) fire, flood or other casualty; as a result of which NAUU is not able to fulfil its activities and/or obligations under the agreement.
17. Intellectual Property / Confidentiality
1. NAUU may reasonably use the photos of the product for the promotion of its own activities and publicity. 2. The CUSTOMER acknowledges and agrees upon that the PRODUCT without prior written approval of and agreement with NAUU, may not be duplicated, copied, published and/or used for any commercial, marketing or advertising activity or any other purpose than foreseen in the agreement. In case of any agreed use of the work by the CUSTOMER, the client shall expressly and in a clear manner mention the name of NAUU as the designer of the work. 3. NAUU’s products are not allowed to be used for commercial, marketing or advertising activity when the entities are not in the possession of the corresponding products. 4. Without prejudice of claiming damages and/or compensation by NAUU a violation of this article shall rise a penalty to be charged accordingly, with immediate effect, and not subject to any judicial intervention, per violation and/or per day during which the violation continues. 5. The CUSTOMER undertakes to keep the agreement, the terms of the agreement and all information exchanged with NAUU strictly confidential, throughout its validity period and afterwards, without time limit.
18. Liability
1. NAUU shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods.
19.Amendments & Updates
1. Terms and Conditions may be amended from time to time due to new laws and regulations or other reasons. The new Terms and Conditions shall be effective as of the date of publication on nauudesign.com and shall therefore apply to orders submitted after that date.
Last Update - 17 September 2020