Terms of Use

NIHILIST Ltd.

Terms of Use

Revised as of 26th April 2021

Nihilist Ltd. (“Company,” “we,” or “us”) operates this Website, which includes any mobile applications or electronic services that we provide (“Services”). These Terms of Use (“Terms”) apply to your use of the Services and you acknowledge and understand that your use of the Services is expressly contingent upon your acceptance of these Terms. Therefore, we urge you to carefully read these Terms prior to engaging in such activities and if you do not accept these Terms, please do not use or access our Website or the Services.  

Finally, you acknowledge and understand that these Terms are supported by reasonable and valuable consideration and acknowledge the sufficiency of such consideration. This consideration includes, without limitation, your use of the Services and your interaction with us through the Website.

Ownership and Limited License to use the Content and Services

Nihilist Ltd. holds all right, title and interest to the contents of the Website, including but not limited to text, graphics or code that is displayed thereon (“Content”). Such Content  is copyrighted as a collective work under various copyright laws and is the sole property of Nihilist Ltd. Nihilist Ltd.  grants you a limited and fully revocable license to electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with us or purchasing our products or for your personal and non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited and you further agree not to: (a) change or delete any proprietary notices from materials downloaded from the Website; or (b) create or maintain a link from another Website to any page on this Website without our prior written permission.

Please note that if you use this Website or the Services in a manner that violates the above conditions then, in addition to our other legal rights that we may have, we may limit, terminate or suspend your license to use the Services without prior notice.

Registration and Access Restrictions

Nihilist Ltd. may require users of the Services to register for an account on the Website, which may include certain personal information. Our collection and use of such personal information and your right to access such information is described in our Privacy Policy, which is expressly incorporated into these Terms. As described in the Privacy Policy, you may opt-out of providing us with personal information and your decision to provide us with this information is purely optional; however, if you elect not to provide such information, you may not be able to fully benefit from the Services. In addition, you understand that any access credentials that we provide you with during the registration process are personal and may not be shared with any third party and that you are solely responsible for any activities that occur via the use of your access credentials including, without limitation, any charges that are incurred. 

Links to Third-Party Sites

Our policies regarding the use and access to third-party Websites and your obligation to review the content of the policies established by the owners and operators of such Websites are outlined within our Privacy Policy.

User Content

Other than information which is subject to our Privacy Policy, any material or comments that you post on our Website (“User Content”) is and will be considered non-confidential and non-proprietary. We reserve the right to use any User Content that you post for any reason and for both commercial and non-commercial purposes. In addition, by posting User Content on the Website, you acknowledge and agree that: (a) we are not obligated to review or respond to such User Content; (b) we may remove any User Content from the Website at any time and for any reason; (c) all User Content that you provide adheres to applicable laws, rules and regulations including any privacy laws and does not infringe upon the rights of any person or entity. Further, you expressly grant us and any of our affiliates or designated parties a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from User Content that you post, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms later modified or terminated, without any right to compensation.

Commercial Transactions

To purchase any products or services through the Services, you acknowledge that you are legally entitled to provide us with payment information and, as required by applicable law, at least 18 years of age. In addition, as a prerequisite to such purchase, you must provide us with valid, updated payment information associated with a credit card or other payment method that you are authorized to use and hereby authorize us to charge your credit card or other payment method for the purchase price of such products together with any taxes, fees, or shipping charges described on the Services. You also agree to adhere to any terms and conditions detailed within our Shipping and Return Policy, as relevant.

Product Descriptions

We use reasonable efforts to ensure that our product descriptions are accurate. However, we do not warrant the accuracy or completeness of such descriptions or that any products listed on the Services are suitable for the diagnosis, treatment, cure, or prevention any disease or medical condition. If you receive a product that you believe to be materially different from our product description, your sole remedy will be to return the product to us for a refund in conformance with the terms of our Shipping and Return Policy, as applicable. In addition, in the event that we misprice one of our products, we will use reasonable efforts to notify you prior to shipping and will offer you the opportunity to either cancel your order or pay the revised price. 

Electronic Communications

You hereby consent to communicating with us electronically including by e-mail or by posting or reviewing notices that we post on our Website and agree that any notices posted in this manner satisfy our obligation to provide you with written communication. through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.

Compliance with Applicable Laws (including Export Restrictions) 

You are considered to be the importer of record for all shipments that you receive from us, and agree to comply with all applicable laws and regulations related to the import and export of goods from your location. This means that you are solely responsible for paying any fees, fines, or other costs that either we or you incur in connection with such non-compliance. You also agree to adhere to any export control and economic sanctions requirements and by acquiring products from us, you warrant that you will comply with these obligations. 

Copyright Infringement Notice

If you believe that Content on the Services violates your copyright, we request that you send us a notice using the following contact information:

Email: info@nihilist.shop

Mailing Address: Nihilist Ltd. 103 Bradley House Radcliffe Moor Road, Bradley Fold, Bolton, England, BL2 6RT

 

Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR RISK. ALL DATA, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA PROVIDED BY OR TRANSMITTED ON OR THROUGH THIS WEBSITE OR THE SERVICES. IN ADDITION, WE ASSUME NO DUTY TO UPDATE ANY INFORMATION, MATERIALS OR SERVICES POSTED ON OUR WEBSITE. 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS, INCLUDING, ANY IMPLIED WARRANTIES AND HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. 

THE FOREGOING WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 

Limitation of Liability

Neither we, our suppliers or any third party acting on our behalf will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to: (a) the Services; (b) any information, data, products or services advertised in or obtained through the Services, or (c) our removal or deletion of any materials (including User Content) that are submitted or posted on the Services, under any theory of liability including, without limitation, contract, tort, strict liability, even if we or any of our suppliers have been apprised of the possibility of damages.

Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Services and to seek a refund of the money you paid to us, if any, during the three months preceding your initiation of the claim or dispute. (Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Services or in these Terms.)

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold us and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.

Jurisdiction and Venue

All disputes arising pursuant to these Terms shall be governed by the internal laws of England and Wales without regard to any conflict of law rules and shall be as if entered into by residents of England and Wales and fully performed therein. You irrevocably consent to the jurisdiction of the courts of competent jurisdiction residing within London, England for any action arising hereunder; provided, however, that we may seek injunctive relief or other equitable relief related to our rights hereunder before any court of competent jurisdiction. 

Changes to these Terms 

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Services. You bear sole responsibility to review our Website or Services to verify whether we have made such changes and your continued use of the Services following our posting of such changes constitutes your acceptance of such revised terms.

Termination

These Terms constitute an agreement between you and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If we terminate this agreement with you, you may no longer access the Services. The following terms and conditions shall survive termination: No Professional Advice or Medical Information; User Content; Links to Third Party Sites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.

Entire Agreement; Severability; No Waiver

These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Services, including, without limitation, the Shipping and Return Policy, as applicable, and any jurisdiction-specific terms applicable to the Privacy Policy (to the extent that such jurisdiction-specific terms apply to you), constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

How to Contact Us

If you have any questions or comments about these Terms or the Services, please contact us by:

Email: Info@nihilist.shop

Mailing Address:Nihilist Ltd. 103 Bradley House Radcliffe Moor Road, Bradley Fold, Bolton, England, BL2 6RT