Términos del servicio
TERMS OF SERVICE
OVERVIEW Welcome to Nico! The terms “we”, “us”, and “our” refer to Nico. Nico operates this store and website, including all information, content, features, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Services”). Nico is powered by Shopify, which allows us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), govern your access to and use of the Services. Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranties, disclaimers, and limitations of liability.
By visiting our site, 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 all the terms and conditions of this agreement, then you may not access the website or use any 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. To use the Services, including browsing our online store or purchasing any of our products, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the right to provide such information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, please note that product colors or appearance may differ depending on the device or monitor you use. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We also reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Nico reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Nico confirms it. We must receive and process your payment before accepting your order. Please review your orders carefully before checking out, as Nico may not be able to process cancellation requests once an order is accepted. If we make a change to or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. You may return or exchange purchases strictly in accordance with our Refund Policy. You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs duties. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs clearance, or events beyond our control. Once we transfer products to the carrier, the title and risk of loss transfer to you.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are the property of Nico, its affiliates, or licensors and are protected by US and international copyright, trademark, patent, 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 our Services without our prior written consent.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over 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 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).
SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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.
SECTION 9 - RELATIONSHIP WITH SHOPIFY Nico is powered by Shopify technology, which allows us to provide the Services to you. However, any sales or purchases made on our store are directly between you and Nico. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Nico, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchase and transaction with Nico.
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 our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services to provide and improve our Services. The information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in a country other than where you reside.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send certain specific submissions, ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such comments in any medium for any purpose. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains 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 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 14 - AGENTS 14.1 This section applies if you use, allow, enable, or cause the implementation of an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of a person or entity. 14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with these requirements. 14.3 We may limit, including by technical measures, the access, use, and interaction of any Agent with the Services. 14.4 Agents must accurately identify themselves in HTTP/HTTPS requests and must not obfuscate their nature or bypass CAPTCHA or other security measures intended to distinguish human use from automated access.
SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at 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.
SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. UNLESS EXPRESSLY STATED BY NICO, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL NICO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Nico, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements.
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. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without notice to you.
SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Nico is based.
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 at this page. We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at niko.970206@gmail.com.
Nico nico.970206@gmail.com