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Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by NICAI LIMITED under the brand Naomiez. Throughout the website, the terms “we”, “us”, “our” and “Naomiez” refer to NICAI LIMITED.

Naomiez provides this website, including all information, products, tools and services available through the website, to you conditioned upon your acceptance of the terms, conditions, policies and notices stated herein.

By visiting naomiez.com, using our website and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or made available elsewhere on our website.

These Terms apply to all users of the website, including browsers, customers, merchants, vendors and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree with these Terms, you should not access the website or use our Services.

Any new features, products, services or tools added to the website will also be subject to these Terms.

We may update, modify or replace any part of these Terms by posting an updated version on our website. Your continued use of the website following such changes constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

SECTION 1 – ONLINE STORE TERMS

By using this website, you represent that you are at least the age of majority in your country or jurisdiction of residence, or that you have obtained the necessary consent from a parent or legal guardian where required by applicable law.

You may not use our website, products or Services for any unlawful or unauthorized purpose.

You must not use the Service in any way that violates applicable laws, regulations, intellectual property rights or the rights of third parties.

You must not transmit viruses, worms, malicious code or any other technology intended to interfere with, damage or disrupt our website, systems or Services.

A material violation of these Terms may result in suspension or termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse, restrict or cancel Service or orders where reasonably necessary, including in cases of suspected fraud, misuse, unauthorized resale, payment issues, violation of these Terms or other lawful reasons.

Any exercise of these rights will be subject to applicable law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, access to the Service, or content available through the website without our prior written permission, except where permitted by law.

The headings used in these Terms are included for convenience only and will not affect their interpretation.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information displayed on our website is accurate and current.

However, certain information may occasionally contain errors, omissions or outdated information.

Information provided on the website is intended for general informational purposes and should not necessarily be relied upon as the sole basis for making decisions where more accurate, complete or current information is reasonably required.

We reserve the right to update, correct or modify website content at any time without prior notice, subject to applicable law.

SECTION 4 – PRICES AND CHANGES TO THE SERVICE

Product prices, promotions and availability may change from time to time.

We reserve the right to change product prices before an order has been accepted.

Once an order has been accepted and payment successfully processed, the applicable price will generally be the price confirmed in your order, except in cases of obvious pricing errors, fraud or circumstances otherwise permitted by applicable law.

We may modify, suspend or discontinue all or part of the website or Service where reasonably necessary.

We will not be liable for changes to the Service except where liability cannot lawfully be excluded.

SECTION 5 – PRODUCTS AND SERVICES

Certain products may be available exclusively through our online store and may be offered in limited quantities.

Returns, refunds and exchanges are governed by our Return & Refund Policy.

We make reasonable efforts to display product images, colors, dimensions, specifications and descriptions accurately.

However, the appearance of colors and products may vary depending on your device, display settings, lighting conditions and manufacturing variations.

Minor variations that do not materially affect the normal use or function of the product may occur.

We reserve the right to:

  • limit sales to certain persons, regions or jurisdictions where legally permitted;

  • limit quantities purchased per customer, household or order;

  • discontinue products;

  • update product descriptions;

  • change pricing before an order is accepted; and

  • refuse orders reasonably suspected to involve fraud, abuse or unauthorized resale.

Nothing in these Terms excludes or limits any consumer rights that cannot legally be excluded or limited under applicable law.

SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where reasonably necessary.

This may include orders that:

  • appear fraudulent or unauthorized;

  • contain inaccurate billing information;

  • involve payment verification issues;

  • appear intended for unauthorized resale;

  • involve unusually large quantities;

  • are affected by pricing or inventory errors; or

  • cannot legally be fulfilled.

If we cancel or materially change an order after payment has been received, we will provide an appropriate refund where required.

We may contact you using the email address, telephone number, billing address or other contact information supplied when placing your order.

You agree to provide accurate, current and complete purchase, billing, shipping and account information.

You are responsible for ensuring that your email address and other contact information remain accurate so that we can communicate with you about your order.

Additional information regarding returns and refunds is available in our Return & Refund Policy.

SECTION 7 – SHIPPING AND DELIVERY

Shipping methods, estimated delivery times and applicable shipping charges are described on our website, product pages, checkout page and/or Shipping Policy.

Delivery estimates are provided in good faith but may be affected by circumstances outside our reasonable control, including customs procedures, carrier delays, weather, public holidays, transportation disruptions or incorrect delivery information provided by the customer.

Customers are responsible for providing complete and accurate delivery information.

Please refer to our Shipping Policy for additional information.

SECTION 8 – THIRD-PARTY TOOLS AND SERVICES

Our website may provide access to tools, services, payment processors, applications or technologies operated by third parties.

Certain third-party tools may be provided on an “as available” basis and may be subject to separate terms and privacy policies imposed by the relevant provider.

We do not control all third-party services and are not responsible for their independent acts or omissions except where liability cannot legally be excluded.

Your use of third-party services is subject to the terms applicable to those services.

SECTION 9 – THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

These websites are independent from Naomiez, and we are not responsible for their content, accuracy, security, privacy practices or business practices.

Accessing third-party websites is at your own discretion.

Before entering into transactions with third parties, you should review their applicable terms, policies and practices.

Questions or disputes relating solely to third-party websites, products or services should generally be directed to the relevant third party.

SECTION 10 – USER COMMENTS, REVIEWS AND SUBMISSIONS

If you submit reviews, feedback, suggestions, photographs, comments or other content to us, you represent that you have the right to submit that material.

By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, adapt and publish that content in connection with our business, website, marketing and Services, subject to applicable privacy and intellectual property laws.

You must not submit content that:

  • infringes intellectual property rights;

  • violates privacy or publicity rights;

  • contains unlawful, defamatory, threatening or abusive material;

  • contains malware or malicious code;

  • intentionally misleads others; or

  • violates applicable law.

We may remove or restrict content that violates these Terms or applicable law.

You remain responsible for the accuracy and legality of content you submit.

SECTION 11 – PERSONAL INFORMATION

Our collection, processing, storage and use of personal information is governed by our Privacy Policy and applicable privacy laws.

By using our website, you acknowledge that your personal information may be processed as described in our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to:

  • product descriptions;

  • specifications;

  • pricing;

  • promotions;

  • discounts;

  • shipping charges;

  • delivery estimates;

  • availability; or

  • other product or order information.

We reserve the right to correct errors and update inaccurate information.

If an obvious error materially affects an order you have already placed, we may contact you to provide the correct information and, where appropriate, give you the option to proceed with or cancel the affected order.

Any refund required following cancellation will be processed in accordance with applicable law and our refund procedures.

SECTION 13 – PROHIBITED USES

You may not use the website or its content:

(a) for unlawful purposes;

(b) to encourage or participate in unlawful activity;

(c) to violate applicable international, national or local laws or regulations;

(d) to infringe our intellectual property rights or those of others;

(e) to harass, abuse, threaten, discriminate against or unlawfully harm others;

(f) to submit intentionally false or misleading information;

(g) to upload or distribute malware, viruses or malicious software;

(h) to unlawfully collect or track personal information;

(i) to spam, phish, scrape or attempt unauthorized data collection;

(j) to interfere with the security or proper functioning of the website;

(k) to attempt unauthorized access to accounts, systems or networks; or

(l) to engage in fraudulent or abusive purchasing activity.

We may suspend or terminate access to the Service for violations of these restrictions.

SECTION 14 – DISCLAIMER OF WARRANTIES

We aim to provide a reliable and secure shopping experience, but we cannot guarantee that the website will always operate without interruption, delay or technical error.

To the fullest extent permitted by applicable law, the website and Service are provided on an “as available” basis.

Nothing in these Terms excludes any warranty, guarantee, condition or consumer protection that cannot legally be excluded.

Product warranties, where applicable, are subject to the specific warranty terms stated on the relevant product page or policy page.

SECTION 15 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, NICAI LIMITED, Naomiez and our directors, officers, employees, affiliates, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the website or Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.

Nothing in these Terms is intended to exclude or restrict mandatory consumer rights.

SECTION 16 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless NICAI LIMITED, Naomiez and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses or reasonable costs arising directly from:

  • your material breach of these Terms;

  • your unlawful use of the Service;

  • your violation of applicable law; or

  • your infringement of the rights of a third party.

SECTION 17 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law.

If necessary, the invalid or unenforceable portion will be treated as severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 18 – TERMINATION

These Terms remain effective while you use our website or Services.

You may stop using our Services at any time.

We may suspend or terminate access to the Service where you materially breach these Terms, engage in fraudulent activity, misuse the website or where termination is otherwise permitted by applicable law.

Any rights and obligations that by their nature should continue after termination will survive termination.

SECTION 19 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy and other policies expressly incorporated by reference, constitute the agreement between you and us regarding your use of the website and Services.

They supersede prior versions of these Terms relating to the same subject matter.

Our failure to enforce a provision of these Terms on one occasion does not constitute a waiver of our right to enforce that provision later.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of Hong Kong, subject to any mandatory consumer protection laws that may apply to you.

Nothing in these Terms deprives consumers of mandatory legal protections that cannot lawfully be waived by contract.

SECTION 21 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, policies or legal requirements.

The most current version will be published on this page.

Where required by applicable law, material changes will be communicated appropriately.

Your continued use of the website after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

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