Terms and Conditions of Sale and Use
CONDITIONS OF USE
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OVERVIEW
This website is operated by NIKKIWAX. Throughout the site, we use the terms ‘we’, ‘us’ and ‘our’ to refer to NIKKIWAX. This website, including all information, tools and services available through it, is offered by NIKKIWAX to you, the user, conditioned on your acceptance of all of the terms, conditions, policies and notices contained herein.
By visiting our site and/or purchasing something from us, you are participating in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms and Conditions’, ‘Terms of Use’), including the terms, conditions and policies referenced and/or hyperlinked hereto. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this agreement, you may not be able to access the Website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature added to this shop is also subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will mean that you accept those changes.
Our shop is hosted on Shopify Inc. which provides us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – TERMS OF USE FOR THE ONLINE STORE
By agreeing to these Terms of Use, you declare that you have reached the age of majority in your region, province, or state, or that you have given us permission to allow any minor in your care to use this site.
You must not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The content on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any price change, or any modification, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
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.
For more details, please review our Return Policy.
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).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
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 or for any other materials, products, or services of third parties.
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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service 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 comments. 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 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – 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, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, 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 based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to 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 Service or of any related website, other websites, or the Internet; (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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) 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.
In no case shall NIKKIWAX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NIKKIWAX 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern 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 Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 19 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use 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 Use constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at info@nikkiwax.com.
LIFETIME GUARANTEE SECTION
When you have subscribed to the lifetime guarantee for your wax heater, you have the option to request a replacement if the item is found to be defective. To process your replacement request, please follow these steps:
1. **Contact our customer service**: Inform us at info@nikkiwax.com about the issue you are experiencing with your wax heater.
2. **Provide visual evidence**: Send us clear videos and photos showing the defect or problem with the item. These proofs are necessary to assess the condition of your product and validate your request.
3. **Request evaluation**: Our team will review the provided evidence and determine if the product is indeed defective and covered by the lifetime guarantee.
4. **Product replacement**: If the request is approved, we will send you a replacement product at no additional cost.
Please note that the lifetime guarantee does not cover damage caused by misuse, accidents, or normal wear and tear. For any questions or assistance, please do not hesitate to contact our customer service.
Shipping & Delivery Policy
NikkiWax is committed to delivering your orders promptly and within the timeframes indicated on our website. Please note that these timeframes are estimates and are subject to change due to factors outside our control (e.g., customs, weather, strikes, or carrier delays).
Shipping Areas and Delivery Timeframes
We currently ship within the United Kingdom only. Estimated delivery times typically range from 3 to 12 business days after dispatch. These estimates may be affected by unforeseen circumstances.
Shipping Fees
Shipping fees will be shown prior to order confirmation. NikkiWax reserves the right to modify shipping fees without prior notice.
Order Processing Time
Orders are processed within 24 to 48 business hours after payment confirmation. Processing times may be extended during peak periods or due to exceptional circumstances.
Liability and Tracking
Once an order has been dispatched, we will provide a tracking number, if applicable. NikkiWax is not responsible for delivery errors caused by incorrect or incomplete customer addresses. If a package is returned to the sender due to an address issue, the customer will be responsible for reshipping costs.
Lost or Damaged Packages
If the carrier confirms delivery, NikkiWax is not liable for loss or theft of the package after it has been delivered to the specified address. If your package arrives damaged, please contact NikkiWax within 7 days of receipt with supporting evidence (e.g., photos).
Returns and Non-Receipt
In the event of a lost package, NikkiWax may offer a replacement or refund, depending on the results of the carrier's investigation. No refunds will be issued for packages returned to NikkiWax after multiple unsuccessful delivery attempts.
Partial Shipments
In some cases, an order may be shipped in multiple packages if items are temporarily out of stock or require special handling. Customers will be notified and provided with separate tracking details.
Order Modifications and Cancellations
Once an order is confirmed and paid, modifications or cancellations are not possible. However, if the order has not yet been shipped, customers may submit a cancellation request by contacting our customer service. NikkiWax reserves the right to accept or decline cancellation requests depending on the order's processing status.
Customer Absence at Delivery
If the customer is absent during delivery, the carrier may attempt redelivery, leave the package with a neighbor, or drop it off at a designated pick-up point. It is the customer's responsibility to follow the carrier's instructions. Uncollected packages will be returned to NikkiWax, and reshipping fees will be charged to the customer.
Failed Deliveries and Returned Packages
If a package is returned due to an incorrect or incomplete address or multiple failed delivery attempts, the customer may request reshipment by covering the reshipping costs. No refunds will be issued.
Claim for Delayed Delivery
If an order has not been delivered within a reasonable timeframe after the estimated delivery date, customers may contact NikkiWax customer service to initiate a claim. Claims can be made starting 21 business days after shipment. No compensation will be offered during the investigation period.
Force Majeure
NikkiWax is not liable for delivery delays due to events beyond its control, such as natural disasters, strikes, social conflicts, government restrictions, pandemics, or other force majeure situations. We will make every effort to inform customers and explore alternative solutions where possible.
Receiving an Incorrect Package
If you receive an incorrect product, please contact NikkiWax customer service within 7 days of receiving your order. We will arrange for a return or exchange at no additional cost to you. Please retain the product and original packaging to facilitate the return or exchange process.
Refusal of Delivery by the Customer
If the customer refuses to accept a package at the time of delivery, return fees may apply. A refund for the order will only be processed once the package is returned and inspected by our services. Please note that the refund will be issued as credit for the order amount, after deducting any applicable fees.
NikkiWax reserves the right to modify this policy at any time.