General Terms and Conditions of SaleOVERVIEW
This website is operated by NIKPAR LLC Company (“NIKPAR”). Throughout the Website, the terms “we”, “us” and “our” refer to NIKPAR. NIKPAR offers this Website, 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 website and/ or purchasing something from us, you engage and agree to be bound by the following terms and conditions (“General Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these General Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these General Terms and Conditions are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the General Terms and Conditions. You can review the most current version of the General Terms and Condition at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
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.
SECTION 2 – THE WEBSITE
The entire content of the Website or any advertising material (illustrations, texts, wording, trademarks, images, videos) is the property of NIKPAR or is used with the authorization of the holders of the rights in question. Any reproduction in whole or in part, as well as the creation of hypertext links, is prohibited, unless NIKPAR gives its express and prior authorization.
NIKPAR reserves the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.
NIKPAR shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
SECTION 3 – PRODUCTS
The presentation of the Products offered by NIKPAR on the Website enables the Customer to know the essential characteristics of the Product he wishes to order.
NIKPAR takes the greatest care in putting online information relating to the essential characteristics of the Products by means of technical descriptions which may come in particular from its partners and suppliers and/or photographs illustrating the Products.
In any case, NIKPAR shall not be held liable for any change or error made in the description of the characteristics of the Products purchased, unless the essential characteristics of the Products are affected thereby.
The pictures, illustrations and texts appearing on the Website are not contractual.
The Products are offered for sale within the limits of available stocks, manufacturing possibilities and supply possibilities from NIKPAR's suppliers.
The availability of the Products is indicated at the time of the selection of the Products, subject to possible synchronization errors in NIKPAR's computer system. In any event, the availability of the Products will be definitively validated at the time of the shipping confirmation of the order which will be sent to the Customer by e-mail.
In the event that one of the Products ordered is not available at the time of the preparation of the Customer's order, NIKPAR undertakes to contact the Customer as soon as possible in order to inform him/her of the delivery time for this Product. If this delay is too long, the Customer may choose to cancel his order and the sums paid will then be refunded as soon as possible.
SECTION 4 – PRICES AND PAYMENT
On the day of the sale, the Products are invoiced according to the current price list on the Website. There is no tax included in the price, as it is shown in US dollars ($). If any delivery costs are required, they are not included in the indicated prices.
These costs are determined according to the terms of transport, the weight of the Products ordered, the amount of the order and the destination.
In any event, the total price of the order is indicated at the end of the online order, before its validation, and corresponds to the price of the Products, including all taxes, to which is added the price of transport.
NIKPAR reserves in any case the right to modify its selling prices at any time. Nevertheless, no modification subsequent to the taking of the order can be applied by NIKPAR. The price applicable to the Products ordered is that appearing on the Website on the day of the order.
The orders are payable in US dollars ($), in totality and cash. At no time can the sums paid be considered as down payments or installments.
Payment is made by credit card.
As soon as payment is validated, the customer receives confirmation of his order by e-mail, accompanied by the invoice.
NIKPAR reserves the right to refuse any order. NIKPAR may, in its 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.
SECTION 5 - DELIVERY AND RECEIPT
The delivery times of the Products are given as an indication, unless NIKPAR makes an express written commitment on firm dates and times.
In case of foreseeable delay in delivery, NIKPAR will inform the Customer as soon as possible by e-mail and will provide him with an estimate of the additional delivery time.
NIKPAR will not be held responsible for any delay or failure of acceptance due to a case of force majeure - as stipulated in Section 8 hereof - or to a fault of the Customer such as the absence of the latter at the time of delivery.
The Products are delivered to the delivery address mentioned by the Customer when ordering on the Website. NIKPAR cannot be held responsible in case of delay and/or non-delivery due to a false or erroneous address or to which delivery would be impossible.
The delivery is deemed to be made by NIKPAR when the Products ordered by the carrier are handed over to the Customer.
The Customer must personally ensure the reception of the Products ordered. The Customer undertakes to sign, if necessary, the delivery note of the Products.
It is the Customer's responsibility to check the condition of the Products and their quantity upon receipt. This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
It is the Customer's responsibility, in the event of a dispute, deterioration of the Product during transport, damage, missing or late delivery, to make clear and precise reservations on the delivery note. The Customer must confirm these reservations to the carrier, by registered letter with acknowledgement of receipt stating the reasons, within three (3) days, not including public holidays, following receipt of the Products.
SECTION 6 – OBLIGATIONS OF THE CUSTOMER
The Customer undertakes to communicate to NIKPAR all the elements necessary for the good execution of the orders. In this respect, the Customer remains responsible for the content and the accuracy of the information he transmits to NIKPAR.
The orders are obligatorily intended for personal use. The resale, use or transformation of the Products for any commercial use is prohibited except with the authorization of NIKPAR.
The choice and the use of the Products are made under the sole responsibility of the Customer.
The Customer is responsible for maintaining the Products in good condition, to respect the maintenance and storage instructions and to use them in accordance with their destination, in particular by respecting the prescriptions given by NIKPAR and/or by NIKPAR's suppliers.
The Customer shall ensure that the instructions for use are complied with and shall in particular use the baking trays indicated in the technical data sheet of his Product.
The Customer must check the material of the Products ordered and respect the conditions of use and maintenance applicable to it. Indeed, the conditions of use and maintenance vary according to the material used in the composition of the Products.
SECTION 7 – RESPONSIBILITY
When NIKPAR's responsibility is engaged following a fault on its part, the compensation applies only to the direct, personal and certain damages that the Customer has suffered to the express exclusion of the compensation of all damages and/or indirect and immaterial prejudice, such as financial prejudice, damage to image, etc...
In any case, NIKPAR declines all responsibility, in particular because of the Customer's choice of Products, for damages resulting from modifications made to the Products by the Customer, for damages resulting from a failure by the Customer to comply with the recommendations for the use of the Products, for damages resulting from a failure by the Customer to comply with the maintenance and/or storage instructions for the Products.
NIKPAR shall not be held liable for any temporary or permanent damage caused to the Customer's computer system, nor for any loss or damage that may be suffered in particular following access to or browsing on the Website. The transmission of data via the Internet may lead to the occurrence of errors and/or the fact that the Website is not always available. Consequently, NIKPAR cannot be held responsible for the availability and interruption of the online service.
SECTION 8 – FORCE MAJEURE
In the event of the occurrence of a case of force majeure preventing the execution of its obligations by NIKPAR, the contract will be immediately suspended as from the notification made by NIKPAR to the Customer given by any means. In the same way, NIKPAR will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 – GOVERNING LAW
These General Terms and Conditions and its consequences shall be governed by and construed in accordance with the laws of the State of NEW YORK.
The language of these General Terms and Conditions and of the relations between the Parties is English.
SECTION 11 – SETTLEMENT OF DISPUTES
Before any legal action, the Customer undertakes to address his complaint to NIKPAR's customer service department at the address indicated below:
2315 24 AVE
ASTORIA NEW YORK 11102