Terms & Conditions
Ownership of the site
These T&C apply to the website at https://www.nimya.com (the "Website"). The Website is owned by Kianda B.V. (“Nimya”). The Website contains a web shop on which visitors can order cosmetic products of, or related to, the Nimya brand under the terms and conditions as set forth in this T&C.
Agreement to be legally bound to T&C
These T&C represent a legally binding, contractual agreement between you and Nimya with respect to use of the Website. By using the Website, you are (i) representing that you have reached the legal age of majority in your jurisdiction of residence or are legally authorized to visit the Website, (ii) indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of these T&C, as they govern your access to and use of the Website and any services, products, materials, or information available on the Website, and (iii) agreeing to comply with all applicable laws and regulations, which may change from time to time.
Privacy
In addition to the conditions set forth in this T&C, the use of the website is also subject to the Nimya Privacy Policy, which can be found at https://www.nimya.com/privacy-policy/.
Modification of T&C
Subject to applicable law, Nimya reserves the right, in its sole and absolute discretion, to modify all or any portion of these T&C at any time without incurring any liability or obligation whatsoever to you or any other person or entity. To the fullest extent permitted by applicable law, your continued use of the Website after changes to the T&C is acknowledgement of your acceptance of those changes.
Key commercial Terms offered to customers
All Orders made through the Website are subject to these T&C. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Website, you are agreeing to pay, in full, the prices, all applicable taxes, and specified shipping, handling and other fees in relation to your Order, through a payment channel made available on the Website.
Nimya reserves the right to change the permitted payment methods, including and without limitation, the credit cards and/or other types of payment options we can accept. If complete payment for your Order is not received or improperly complete, your Order may not be accepted or acknowledged. In order to complete an Order through the Website, you may be required to provide certain additional information that is required to process your Order.
Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your Cart. If an item was removed from your Cart, this may mean we have sold out prior to you completing your Order. Nimya reserves the right to change the prices offered on the website at any time, including without limitation, items that have been placed in your Cart.
Quantity limits
Nimya reserves the right, at its sole discretion, to limit the quantity of the items purchased per person, per household, and per order without notice. The restrictions may be applicable to Orders placed by the same account, the same credit card or payment method, and to orders that use the same billing and/or shipping address. Nimya also reserves the right to prohibit sales to distributors and resellers.
Return and refund policy
For any undamaged product, you can return it with its included accessories and packaging along with the original receipt within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return:
- Opened products
- Products without a receipt
Retention of right to change offering
Nimya reserves the right, without prior notice, to change their services or product offerings; to stop providing the services or any features of the services we offer; or to create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Shipping & Delivery
Complementary to this T&C, our shipping and returns terms are applicable to Orders. Purchases will only be shipped to a valid mailing address (as determined by Nimya in its sole and absolute discretion). However, please note that we may not be able to ship Orders to all valid addresses and, in such circumstances, we reserve the right to cancel your purchase transaction (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address).
Should a country on our Shipping and Returns page as a destination, Nimya does not ship to your country yet and Nimya reserves the right to decline orders to those countries.
Nimya provides tracking information of your Order as a voluntary service. Customers can follow provided tracking numbers to check the status of a delivery. Any questions regarding the delivery status of a package will need to be requested directly from the delivery person, Nimya is not responsible for the accuracy of this information. Once an Order has been shipped, Nimya is not responsible for any lost or stolen packages. If this happens, you have the option of filing a claim through the shipping carrier. We do not ship to P.O. Box, APO, FPO and DPO addresses currently. All shipping fees, duties and taxes are non-refundable for packages that are undeliverable.
The estimated delivery time will be specified in your Order and are listed on our Shipping and Returns page. However, as we use third parties to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. Nimya will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, Nimya will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 30 days of the estimated delivery time, please let us know through our contact page. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order.
Warranties & responsibility for services and products
When Nimya receives a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, you will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyrights, and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Nimya. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of the Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
Indemnification
You agree to indemnify and hold Nimya harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Nimya be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
Promotional emails and content
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please notify us at any time.
Preference of law and dispute resolution
These T&C, the rights and remedies provided hereunder, and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Rotterdam, the Netherlands. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details and contact info
If you have any questions or want to know more about these terms and conditions, please contact us at wecare@nimya.com.