Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES IN ANY WAY, AS THEY CONTAIN IMPORTANT INFORMATION.
OVERVIEW
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This website is provided by Noko Designs. Throughout the site, the terms “we”, “us” and “our” or the like, refer to Noko Designs. Any person accessing or using the website and any associated webpages, including, without limitation, www.nokodesigns.com (collectively, the "Website") is referred to as "you". Noko Designs offers the Website, including all information, tools and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
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By visiting the Website, using any function on the Website (e.g. signing up for our mailing list, registering for an account, etc.) and/or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by link such as our Privacy Policy. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
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Please read these Terms carefully before accessing or using our Website. By accessing or using any part of our Website you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Website any services therein. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
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Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof). It is your responsibility to check this page periodically for changes, modifications, amendments, etc. Your continued use of, or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
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By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your county, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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You may not use the Website, Services, or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).
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You acknowledge and agree that you may only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our Services to further distribution or resale or for any other commercial or business purposes.
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You must not transmit any worms or viruses or any code of a destructive nature.
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A breach or violation of any of the Terms will result in an immediate termination of our Services.
SECTION 2 - GENERAL CONDITIONS
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We reserve the right to refuse service to anyone for any reason at any time.
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You understand that your content (not including credit card information), may be transferred without encryption and involves (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.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and Services, use of the Website and Services, or access to the Website and/or Services or any contact on the Website through which any Services are provided, without our express written permission.
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The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ORDERS
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You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms and conditions. You agree that an order is engaging in a contract with Noko Designs. All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfill your order. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms and conditions.
We may refuse to process and therefore accept a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.
Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.
SECTION 4 – PAYMENTS
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Payments can be made by via Wix Payments or PayPal (you do not need a PayPal account) and both accept all major debit and credit card providers. Payment will be debited from your account upon placing your order. 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, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Wix Payments or PayPal, both secure online payment gateways that encrypts your card details in a secure host environment.
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.
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SECTION 5 - MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES
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We are under a legal duty to supply goods that conform with their description on the website.
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Prices for our products and Services are subject to change without notice.
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We reserve the right at any time to modify or discontinue the Services (or any part thereof) without notice at any time.
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We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
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SECTION 6 - PRODUCTS AND SERVICES
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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.
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We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate
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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, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on the Website is void where prohibited.
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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.
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SECTION 7 – USER ACCOUNTS
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Some of the products and Services available through or in connection with our Website require you to register for an account. There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.
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To establish an account, you must complete the free registration process on the Website. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
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SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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We reserve the right to refuse any order you place with us. 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.
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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.
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SECTION 9 – ORDER PROCESSING TIMES
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Most orders will be shipped between 1-3 business days Monday - Friday (depending on item chosen and your payment has cleared). During certain peak seasons (Christmas, Mother's Day, Valentine's Day) shipping may take longer.
SECTION 10 - DELIVERY
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All purchases will be carefully wrapped, the chances of receiving damaged goods are minimal. Noko Designs are not to be held responsible for any packages damaged in transit.
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Once shipped Noko Designs cannot control how fast your order will get to you. Noko Designs are not to be held responsible if your package is lost or takes longer to get to you than Royal Mail guidelines.
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SECTION 11 - OPTIONAL TOOLS
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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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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.
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Any use by you of optional tools offered through the Website are 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).
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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.
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SECTION 12 - THIRD-PARTY LINKS
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Certain content, products and services available via our Service may include materials from third-parties.
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Third-party links on the Website may direct you to third-party website 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 website, or for any other materials, products, or services of third-parties.
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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 website. 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.
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SECTION 13 - PERSONAL INFORMATION
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Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy here: https://www.nokodesigns.com/privacypolicy
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SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
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Occasionally there may be information on our Website 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 or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
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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 15 - PROHIBITED USES
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In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website 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 website, 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 website, 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.
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SECTION 16 – ALLERGY DISCLAIMER
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Although extremely rare, some people are allergic to the metals and finishes commonly used in making jewellery. It is the responsibility of the consumer to be aware of any allergies he or she may have to metals (gold, silver, etc.) or the oxidation applied to metals (liver of sulphur) prior to making a purchase. Because there is no way for us to know the medical history of our customers, Noko Designs will not be held liable for any allergic reactions that may occur as a result of wearing our jewellery.
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SECTION 17 – CHOKING HAZARD
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Many Noko Designs designs contain small component parts such as charms, which may present a choking hazard if ingested. As a result, jewellery from Noko Designs should always be kept out of the reach of young children or other individuals likely to ingest the jewellery or its component parts. Please keep your little ones safe!
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SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
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We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
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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.
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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 representations, 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.
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In no case shall Noko Designs 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.
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SECTION 19 - INDEMNIFICATION
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You agree to indemnify, defend and hold harmless Noko Designs 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.
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SECTION 20 - SEVERABILITY
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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.
SECTION 21 - TERMINATION
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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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These Terms are effective unless and until terminated.
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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 Service, 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).