Terms Of Service

Welcome to the nienow.store website! The Website is provided by Nienow (“us” or “we”). The following terms and conditions, together with any documents they expressly reference (collectively, these “Terms of Use”), govern your access to and use of nienow.store, including any content, functionality and services offered on or through nienow.store (the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Changes to Terms of Service

We may modify and update these Terms of Use from time to time in our sole discretion. Any changes are effective immediately upon posting. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are required to check this page each time you visit the Site to be aware of any changes, as they are binding on you.

User Obligations

By downloading, accessing or using the Site, you represent that you are at least eighteen (18) years of age or the age of legal majority, whichever is greater, and that you agree to these Terms. You also agree to comply with all applicable local, state and national laws and regulations regarding your use of the Site. You also represent that you will always provide true, accurate, current and complete (and keep it up to date) information when submitting information to us through the Site. You will use the Site only as permitted by this Agreement and you will not use the Site or the Content for any commercial, political, obscene, illegal or inappropriate purpose. We reserve the right, in our sole discretion, to terminate your access to the Site for any reason or no reason. If you register for an account on the Site, you may be asked to provide an email address and password, and there may be additional requirements that we may specify from time to time. You agree to accept full responsibility for your use of the Site, including any activity that occurs through your password (and related account access). You must notify us immediately if you suspect or become aware of any loss, theft or unauthorized use of your password.

User Generated Content

By submitting or posting any material or content on the Site (“User Generated Content”), you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce and sublicense such materials or any portion thereof. You hereby represent, warrant and covenant that any User Generated Content you provide does not violate any law or the rights of any third party and that you have the full right to grant us the license set forth above. We shall be entitled to use any User Generated Content without any obligation of confidentiality, attribution or compensation to you. Limitation of Liability; Disclaimer of Warranties. Except where not applicable or prohibited by law, the website and all content, products and other information on or accessible from or through this website are provided “as is” and “as available”, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.

Links from the Site

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Terms of Sale

Our receipt of an electronic order confirmation or other form of order confirmation does not constitute acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, regardless of whether your credit card has been charged. If your credit card has been charged and we cancel your order, you will receive a prompt refund in the form of a credit to your account. We reserve the right, without prior notice, to limit the order quantity for any product or service and/or refuse service to any customer. We may also require verification of information before accepting and/or shipping any order.

Once an order is accepted, it will be shipped to the address specified by the buyer. All purchases from this Site are made pursuant to a contract of carriage. We will file claims with shipping carriers for damaged and/or lost shipments. Please contact us at [email protected] if your package is lost or damaged. Our shipping terms, including those set out in our Shipping Policy, are accepted by you when you place an order with us.

Payment terms are at our sole discretion and, unless otherwise agreed by us in writing, will be as follows: At the time you place your order, you will be charged 100% of the amount due plus taxes and any shipping charges. Unless we specify otherwise, payments will be made in US dollars. Shipping and handling charges will be calculated in accordance with our current shipping policy.

We accept payment for purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of such processors. In addition, you represent and warrant that: (i) the credit card information you provide to us, our vendors, and our affiliates is true, accurate, and complete; (ii) the charges you incur will be honored by your credit card company; and (iii) you will pay the charges you incur at the posted prices, including all taxes, shipping, and other charges, if applicable.

Refund and Return Policy

Please email [email protected] if you wish to return a product purchased from our Site. Please see our Return and Refund Policy for details. Please note that items purchased from department stores or specialty stores must be returned to the store where they were purchased.

Information, Content and Specifications

We try to ensure that the information provided on our Website is complete, accurate and up to date, but we make no representations as to the completeness or accuracy of any such information. For example, products may not be available or may have different attributes than those listed. The features, content, specifications, products and prices of products and Services described or depicted on this Website are subject to change at any time without notice. All weights, measurements and similar descriptions are approximate and are provided for convenience only. We make reasonable efforts to accurately display product attributes, including applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.

Prohibited Users

You may only use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other form of similar solicitation.
  • Impersonate or attempt to impersonate Nienow, another user, or any other person or entity (including, without limitation, using email addresses, screen names, or other identifiers associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that, as determined by us, may harm Nienow or users of the Site or expose them to liability.

In addition, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Disclaimer and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. It is your responsibility to implement sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and to maintain a means external to our website for the reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on the website, or on any website linked to the website.

Your use of the website, the content and any services or items obtained through the website is at your own risk. The website, the content and any goods, services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Nienow nor anyone associated with Nienow makes any warranties or representations regarding the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, Nienow nor anyone associated with Nienow represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will meet your needs or expectations. Nienow disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. In no event shall Nienow be liable for any damages, under any legal theory, arising out of or in connection with your use of or inability to use the Site, any websites linked to the Site, any content on the Site or other websites or any services or items obtained through the Site or other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. You agree to defend, indemnify and hold Nienow harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of use or your use of the site, including but not limited to your user contributions, any use of the site’s content, services and products other than those expressly permitted in these terms of use or your use of any information obtained from the site.

Waiver and Severability

No waiver by Nienow of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Nienow to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, reasonable attorneys’ fees) arising from: (i) your use of and access to the Site or Services; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (iv) any claim that any of your Submissions causes damage to a third party; or (v) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or which violates the rights of any person or entity, is committed, caused or facilitated in any way through the use of the Site or the Services. This defense and indemnification obligation shall survive any termination or expiration of this Agreement or your use of the Site and/or the Services.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the entire agreement between you and Nienow with respect to the Site and supersede all prior and contemporaneous agreements, representations and warranties, both written and oral, with respect to the Site.

Contact

Email: support@nienow.store

Mon-Fri: 8:00 am – 6:00 pm (EST)

Business address: 57 Lyman Ave, Burlington, VT 05401, USA