1. Terms and Conditions
These general terms and conditions (subsequently, “Terms”) apply to the use of the website, as well as to all services and products (subsequently, “Products”) which are offered as part of the business transactions on the niniko.us internet shop, as well as on the associated landing pages and product-specific Internet sites (subsequently generally referred to as “niniko.us”). “Customer” means any natural or legal person with whom the provider has a business relationship through niniko.us or who is registered on niniko.us.
If not specified differently by the provider in writing for a specific product, these Terms apply to all websites and products offered on niniko.us as well as to the associated websites and products offered on the associated landing pages and product-specific Internet sites. The business transactions between the Provider and the Customer are offered exclusively under these Terms. The Provider may modify the Terms which apply to niniko.us, at any time and without prior notice. Revised Terms enter into force immediately upon publication and replace all niniko.us Terms which were applicable until this time.
3. Specific & Prohibited Use
You agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Provider against any loss, liability, damage or expense of whatever nature which the Provider or any third-party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. By submitting reviews, texts, pictures or comments, you give the Provider irrevocable commercial (copy)rights on the submitted materials. The Provider reserves the right to delete or to modify content. niniko.us may terminate or suspend your access to all or part of the site, without notice, for any conduct that niniko.us, in its sole discretion, believes is in violation of any applicable law or is harmful to niniko.us or a third-party.
All information (descriptions, product images, measurements, weight, etc.) and prices are non-binding and subject to change without guarantee and may be changed at any time without prior notice. Technical modifications remain expressly reserved. The Provider assumes no liability for product information, availability and warranty information. For explicitly marked preorder products at least 20 pieces must be preordered by the end of preorder period, otherwise the customer will get a refund or authorize voided within 14 days. Although niniko.us uses reasonable efforts to have the colors of the images of its merchandize displayed as accurately as possible on the site, we do not warrant that the color will be accurately displayed by your monitor.
The Customer understands that there may be delays in delivery due to supply shortages or inaccurate inventory data. The Provider will make every effort to avoid these situations and to reproduce this data as accurately as possible. All our products are in compliance with all the requirements and specifications under the laws of Hong Kong. We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers.
All products sold are for customers’ use only and shall not be commercially resold. The Provider reserves the right to set a limit on the quantity certain products for delivery without giving a reason.
5. Prices and Shipping Costs
Unless otherwise stated, all prices are in Hong Kong Dollars, and excluding shipping costs. Other currencies except Hong Kong Dollar, US Dollar and Euro may be for informative purposes only and the payment currency may be the respective amount in US Dollar as indicated on the website. Unless stated “including tax”, all prices are exclusive of local VAT, sales tax or import charges. The price of the product at the time of order on niniko.us is binding; the Provider reserves the right to make a price adjustment in retrospective in the event of an error or mistake in pricing. The shipping costs depend on the shipping method selected by the Customer and these costs are paid by the Customer.
6. Registration & Order
The information required during registration and order must be truthfully and fully provided and updated by the Customer. The Provider assumes no liability whatsoever for the content or for the information provided by the Customer. The Customer must also ensure that no unauthorised third-party has access to this data. Registration and order is reserved exclusively for persons capable of acting and when placing an order the Customer warrants that he is at least 18 years old, is not declared to be incompetent and is capable of sound judgment. Each Customer may only have one Customer account; the Provider reserves the right to not accept a registration or to warn or terminate an entry without providing a reason. By registering you agree that we can send you updates and promotional emails. If you don't want to receive them anymore, you can unsubscribe in any of our non-transactional emails.
7. Conclusion of Contracts
By clicking the “buy now” button on the checkout page, the Customer sends a binding order to the Provider. The contract is concluded upon the acceptance of the Customer's order on the part of the Provider, at the latest with the delivery of the ordered products. The Customer is informed of the conclusion of the contract by means of an automatically generated shipment confirmation by e-mail or by telephone. The Provider reserves the right to not confirm an order without providing a reason. Each Contract relates only to those Products whose dispatch the Provider has confirmed in the Dispatch Confirmation. The Provider shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation. The contractual partner (here: “Provider”) is:
Belle Enterprises Ltd.
39-43 Hollywood Road
8. Payment Terms
The Customer agrees to exclusively use the payment options made available by the Provider on niniko.us for payment. Any additional costs incurred in the processing of the payment will be paid by the Customer. If payment is delayed, all open amounts are payable immediately and the Provider reserves the right to charge a minimum fee of 200 HK$ for administrative costs; in addition the Customer must pay for damages and interest. The Provider reserves the right to withdraw. Until full payment is made, the products remain the property of the Provider. In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
The shipping companies indicated on the website and checkout are for informative purposes and the actual shipping company may be changed by the Provider for any reason at any time without notification. The Provider is not liable for shipping or for proper delivery of the ordered products, especially, if these must be left in an unattended location since the Customer could not be present to accept them. Delivery dates are not binding and delays in delivery are in no event a reason for the Customer to withdraw from the contract or to make claims for damages of any kind. The Customer agrees to inspect the goods immediately upon receipt and to report incorrect deliveries or defective products or shipping damages to the Provider within 48 hours, and to also report shipping damages to the shipping company. The Provider is not liable for damages during shipment or for the negligence of third parties. All deliveries are the responsibility of the Customer unless he is able to assign responsibility to shipping company. For many international shipments you may be required to pay customs and duties, obtain certain licence or apply for registration of your purchased products in your own country to receive delivery of your package. The customs charge and/or import regulation is determined completely by the government of your country, and as such we have no control over those costs or regulations. As such, niniko.us will not pay, nor be held responsible, for such costs or arrange for application of import license. By continuing with your order you agree to be responsible for any customs or duties incurred as a result of your country's customs and duties regulations as well as obtaining any import registrations or license required for the products you are purchasing. If the package is rejected by the customs of your home country or otherwise and returned to the Provider you will be responsible for the return shipping charges and a re-stocking fee of 15% of the total product purchase price.
10. Right of revocation
You may revoke your contractual declaration using the returns form on niniko.us within 180 days. The deadline shall begin to run upon receipt of the goods by the recipient (in the case of recurrent delivery of similar goods, not prior to receipt of the first partial delivery). In order to meet the revocation deadline, it shall be sufficient to despatch the revocation or the item in good time.
Consequences of revocation:
In the event of an effective revocation, the mutual services received by the parties are to be returned, and any benefits derived therefrom (e.g. interest) returned. Should you not be able to return or release to us the benefit and use received (e.g. benefits of use), or only partially or in an impaired condition, you shall be required to compensate us for any loss in value. This may lead to you nonetheless having to fulfil the contractual payment obligations for the period of time lapsed until revocation. You only need to compensate us for the value for the impairment of the item or for benefits derived from it if the benefit or impairment is attributable to handling the item in a way that goes beyond checking its properties and functioning. Customers returning goods are responsible for freight charges. Any obligations concerning reimbursement of payments must be fulfilled within 14 days from the products’ receipt by the Provider.
Exclusion of revocation:
The right of revocation shall not exist for goods which are made in accordance with customer specifications or are clearly tailored to individual requirements, or which, due to their nature, are not suitable to be returned. In addition, products that are not suitable for return due to reasons of hygiene or healthcare are excluded.
The Provider excludes claims for damages or for a complete withdrawal from the contract due to breach of contract, impossibility of performance, faults during the conclusion of the contract and tort (insofar as there is no intentional or wilful negligence). Liability for direct or indirect damages or consequential damages of any kind (for example, as a result of injuries and/or accidents associated with products sold on niniko.us), resulting from the use, misuse or performance failure, are completely excluded. For those products for which operating instructions are provided, the Customer declares that he is aware of the operating and application information as well as of any risks or hazards associated with the product. If there are links that lead from niniko.us to third-party websites not operated by the Provider, the latter is not responsible for the content which is published on these websites. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Provider. Please contact us at [email protected] if you would like to link to this website or would like to request a link to your website.
If there are no product-specific warranty conditions provided in the product description, there is no right to the performance of warranty beyond the legally applicable warranty. Defective products must be taken into account under section 9 of the Terms.
13. Promotional Coupons, Gift Vouchers, Store Points & Lucky Draws
Promotional coupons, gift vouchers and store points can be redeemed on niniko.us. These are delivered exclusively by the Provider and may be subject to various conditions. There is also no right to a cash payment, a replacement or exchange due to loss or theft. In case of misuse, any promotional coupons, gift vouchers and store points will be declared invalid. For lucky draws the lucky draw terms & conditions
14. Data Protection and Data Security
15. Place of Jurisdiction and Applicable Law
The exclusive place of jurisdiction for all disputes with the Provider is Hong Kong, under application of Hong Kong law and under exclusion of the Vienna Convention (CISG).
16. Copyright & Trademarks
These Terms, as well as the trademarks, image, designs, software and text materials on niniko.us, are protected by Hong Kong and international copyright and are the intellectual property of the Provider or its contractual partners. The Provider has exclusive rights of use. A use of any kind, even if only partially or in modified form, without the express written consent of the Provider is prohibited. No rights are acquired by accessing, downloading, copying or by transferring from the website. Violations will be prosecuted.
17. Severability Clause
In the event of a partial invalidity of the contract or of these Terms, or if the contract or the Terms contain an unforeseen gap, the Customer agrees to respect the valid part of the Terms.