Conditions d’utilisation
OVERVIEW
Welcome to the NexaKn store! The terms “we”, “us” and “our” refer to NexaKn. NexaKn operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). NexaKn is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), explain your rights and responsibilities when you use the Services.
These Terms of Service contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability, so please read them carefully.
By visiting, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
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 and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services offered by us, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You agree that you are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not assign, sell, transfer, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately display our products and services in our online stores. However, the actual colors or appearance of products may vary depending on the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or be exactly as displayed or presented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products we offer on a case-by-case basis by person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. NexaKn reserves the right, at its sole discretion, to accept or reject your order for any reason. An order is not considered accepted until NexaKn confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it. Once an order is accepted, NexaKn may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
All purchases are subject to return or exchange only in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, prices do not include taxes, shipping, handling, customs, or import charges.
Prices listed in our online stores may differ from prices offered in physical stores or other online or offline stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. 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.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges at the prices in effect, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or circumstances beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content included in the Services, including but not limited to trademarks, brands, text, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, is owned by NexaKn, its affiliates, or its licensors and is protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license or right in any patent, trademark, copyright, or other intellectual property of NexaKn, Shopify, or any third party.
All rights not expressly granted are reserved by NexaKn. Names, logos, product and service names, designs, and slogans of NexaKn are trademarks of NexaKn or its licensors. Shopify’s name, logo, and related marks are trademarks of Shopify. All other names and marks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties or conditions of any kind.
Your use of optional third-party tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).
New features or services introduced in the future shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites or materials. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. Accessing third-party websites is at your own risk.
We are not liable for any harm or damages related to your use of third-party websites, products, or services. Complaints or questions regarding third-party products should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section must not be removed or modified.]
NexaKn is powered by Shopify, which enables us to provide the Services. However, all sales and purchases made in our store are directly between you and NexaKn. By using the Services, you acknowledge that Shopify is not responsible for any injury, damage, or loss arising from transactions between you and NexaKn. You expressly release Shopify and its affiliates from all claims related to your purchases from NexaKn.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and, in some cases, Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information related to your access and use of the Services. Information may be transferred to and shared with third parties located in countries other than your own. For more information, please review our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose.
You represent and warrant that you own or have the necessary rights to submit the Feedback and that it does not violate these Terms or any third-party rights. We have no obligation to maintain Feedback in confidence, pay compensation, or respond.
We reserve the right to remove any Feedback that we determine to be unlawful, offensive, defamatory, obscene, or otherwise objectionable.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to cancel orders if information is inaccurate, without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services for unlawful, abusive, fraudulent, misleading, infringing, or harmful purposes, including but not limited to violating laws, infringing intellectual property rights, transmitting malware, spamming, phishing, or interfering with the security of the Services.
We reserve the right to suspend or terminate your access if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all obligations incurred up to the date of termination. Provisions that by their nature should survive termination shall survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products provided through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee uninterrupted, secure, or error-free use. Some jurisdictions do not allow limitations on implied warranties, so these disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, NexaKn, its affiliates, Shopify, and their respective officers, employees, and service providers shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless NexaKn, Shopify, and their affiliates from any claims arising out of your breach of these Terms or violation of any law or third-party rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision shall not constitute a waiver. These Terms constitute the entire agreement between you and us regarding the Services.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by the laws of the jurisdiction in which NexaKn’s headquarters are located.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or change these Terms at our sole discretion. Continued use of the Services after changes constitutes acceptance of those changes.