This website, www.nikinewd.com, (hereinafter the “Site”) is operated by Niki Newd Oy (company identification number 2572878-6), a company registered under the laws of Finland with registered office at PL 86, 00131 Helsinki, FINLAND (hereinafter “Niki Newd®”). Throughout the Site, the terms “we”, “us” and “our” refer to Niki Newd®. Niki Newd® offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our service (“Service”) and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site and Service.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Any new features or tools which are added to the current store shall also be subject to the Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you should require more information, please use the Contact Us Form.
ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of eighteen.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
When you register to use the nikinewd.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting email@example.com immediately.
When you register you are also required to provide information about yourself that is true, accurate, current, and complete in all respects. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
For the avoidance of doubt, when an order is placed on the nikinewd.com Site, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es) so that we can process and fulfil your order. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep your personal information confidential, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site or using the Service.
Prices shown on the Site are in Euros and are inclusive of VAT. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any damages occurring from, but not limited to, any modification, price change, suspension or discontinuance of the Service.
If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ORDERS AND ORDER CONFIRMATION
Orders placed at the nikinewd.com site ("Site") are pre-orders. All Niki Newd® products are made according to your order and are fresh and perishable. Once you have made your choice and your order has been appropriately placed and paid through the Site and accepted by us, you will receive an order confirmation e-mail and receipt acknowledging the details of your order. This e-mail is an acceptance of your order and a confirmation that we have received it and the contract between you and Niki Newd® is completed and binding. The sale contract is therefore concluded in Helsinki, Finland under the laws of Finland and the language of the contract is English.
We reserve the right to refuse any order you place with us. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment or that the item or items ordered do not satisfy our quality control standards. In addition, in the event that the Niki Newd® production capacity is exceeded, we reserve the right to refuse your pre-order.
We may, in 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 e-mail 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.
After your order has been confirmed, Niki Newd® products are delivered to your door in the beginning of the next month, however latest within 6 weeks from the confirmation of your order. We reserve the right to extend delivery times due to reasons of, for example, exceeded production capacity.
Please note that because our products are made by your order and are fresh and perishable, the monthly Niki Newd® product orders cannot be cancelled after your order has been confirmed.
The credit card will be charged after your order has been placed. We accept Visa, MasterCard, American Express and Discover. We take reasonable care to make our Site secure. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
When placing your order through the Site, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Niki Newd®, we will not be liable for any delay or non-delivery of ordered items.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
DELIVERY AREA & ADDRESSES
Niki Newd products can be delivered globally within our delivery partner´s delivery area. You will be informed whether delivery to the requested address for the selected product is possible at time of checkout. Please note that Niki Newd Skin Cream and Skin Mist require special cool delivery to ensure the freshness, and therefore delivery may currently be limited to certain addresses. All other products may be delivered globally. Inquiries concerning deliveries to addresses outside our delivery area may be sent to us with the Contact Us Form.
Orders outside the European Union: For the avoidance of doubt, Niki Newd is not liable for any breach of local laws or authority requirements concerning Niki Newd® products. Niki Newd fully complies with European Union cosmetics regulation.
As stated below (see section “SHIPMENT METHODS”), we only ship our products to addresses where we can guarantee the freshness of our products.
We deliver to private addresses and business addresses on business days during general business hours, unless otherwise separately agreed. We do not deliver to P.O. Boxes.
In order to ensure that your delivery is successful, please make sure that your delivery address, possible door code and your contact telephone number are correct when you place your order. For the avoidance of doubt, Niki Newd® is not responsible for any undeliverable shipments due to incorrect or missing information provided upon ordering or failing to receive order.
We use a contracted vendor or vendors (“Delivery Partner”) to perform our delivery service.
We strive to ensure the freshness and quality of our products. To optimize the freshness of our products, we apply two delivery methods depending on the products or product set chosen:
- For Newd Skin Creamand Niki Newd Skin Mist we provide cool shipment either by direct cool transport or by using a special cool packaging system. We cannot guarantee delivery to all addresses for these two products. When placing your order our system will let you know if the delivery to the requested address is possible.
- Regular shipment of all other Niki Newd productsis possible to addresses within Delivery Partner’s International operation area.
Delivery costs including taxes are added to the shopping bag automatically. Delivery costs are either fixed price or based on the address of delivery and shipment weight. Please see our terms of delivery and costs as they may change from time to time.
RECEIVING YOUR ORDER
Niki Newd will send a shipping confirmation e-mail when the order has been shipped.
Either you or your representative, who is 18 years of age or older, must be present to receive the shipment. We require a signature for any products delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Niki Newd and transfer of responsibility in the same way.
If you choose not to provide a signature as proof of delivery, you agree to our terms & conditions and take full responsibility for any loss or damage that may occur.
Redelivery service will be provided at no additional charge. A notice of attempted delivery will be left at the recipient's address after first delivery, indicating date and time of the presentation. Any Shipment which cannot be delivered after two (2) attempted deliveries will be returned to the nearest Niki Newd® Delivery partner facility and an attempt made to notify the recipient. Only one re-attempt will be made after the initial attempted delivery.
If the shipment has not been delivered after two (2) attempted deliveries or after being held for five (5) business days from the date the shipment is received it will be considered undeliverable.
An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the recipient's place of business is closed (iii) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iv) the packaging are damaged to the extent that re-wrapping is not possible.
This agreement is between you and Niki Newd. Neither Niki Newd nor the 3rd party Delivery Partner that has been contracted by Niki Newd to perform the delivery will be held responsible if you decide to hire a 3rd party contractor to accept, receive and sign the handover of items without the notations of visible defects of packaging, damaged items, or missing merchandise.The recipient will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of an undeliverable shipment, unless the shipment was undeliverable due to the fault of Niki Newd Delivery Partner.
TAXES AND CUSTOMS
Local VAT is included in our product prices. The recipient is responsible for any toll costs.
RETURN POLICY AND RECLAMATION
Please note that because our products are fresh and perishable, and made according to your order, the monthly Niki Newd® products are non-returnable after shipment. Examine your order upon delivery to ensure that there are no visible signs of damaged, missing or incorrect pieces. In case the product has been damaged in delivery, please contact Niki Newd® by the Contact Us Form on the niknewd.com Site within 48 hours from receiving the order. In order for us to handle the complaint concerning damages to products occurred in delivery, the delivered product must be unopened and unused.
If you have any other complaint, please use the Contact Us Form on the niknewd.com Site. The handling of customer complaints and product faults are governed under Finnish legislation, excluding provisions concerning choice of law.
The content of the nikinewd.com Site is protected by trademarks, copyright, database and other intellectual property rights. You may not copy, reproduce, modify, or distribute or use any of the content on the nikinewd.com Site without written permission from Niki Newd® Corporation.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including 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 portion of the Service or Site, use of the Service or Site, or access to the Service or Site or any contact on the Site through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The material on this Site is provided for general information 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. We reserve the right to modify the contents of this Site at any time.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store on the Site. 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, or that any errors in the Service or Site will be corrected.
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 in the Service, on the Site 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, on the Site 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, on our Site or on any related website, should be taken to indicate that all information in the Service, on our Site or on any related website has been modified or updated.
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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Certain content, products and services available via our Service and Site 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.
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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.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 further agree that your comments will not contain libelous 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, our Site or any related website. You may not use a false e-mail 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.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content including but not limited to: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any 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, our Site 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, our Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, our Site or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service and Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of our Service and Site will be accurate or reliable. You agree that from time to time we may remove the Service and/or Site for indefinite periods of time or cancel the Service or use of the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Service and Site is at your sole risk. The Service and all products and services delivered to you through the Site 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 Niki Newd®, 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 Site or our Service or any products procured using our Service or Site, or for any other claim related in any way to your use of our Service or Site 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 our Service or Site or any content (or product) posted, transmitted, or otherwise made available via the Service or Site, 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. In no case shall Niki Newd® be liable for any indirect damages to any parties arising from using the Site or the Service.
You agree to indemnify, defend and hold harmless Niki Newd® 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms 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, 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 and Site (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and Site, 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Excluding payment obligations, neither party is liable for delays and damages resulting from an obstacle beyond its command or control, and which it could not have reasonably taken into account at the time of concluding these Terms, and which effects it also could not have reasonably escaped or avoided (hereinafter “force majeure event”). For example, a strike, lock-out, boycott or other industrial action, employee illness or distributor interruption shall be considered as a force majeure event even when a party itself is the object of it or participates in it. A delay by a subcontractor of a party shall also be deemed as a force majeure event, if the delay is caused by a force majeure event encountered by the subcontractor, and if the subcontracting in question cannot be obtained elsewhere without unreasonable expenses or time-loss.
A party shall without delay notify the other party of a force majeure event as well as termination of a force majeure event.
LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with Finnish law excluding provisions concerning choice of law and subject to the exclusive jurisdiction of the Finnish Courts.