TERMS OF SALE

General Requirements. By placing an order, you represent and warrant that:

• You are at least 21 years of age
• You understand that the products may include Nicotine. Nicotine is an addictive chemical.
• If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.
• If you are a business, the product is being ordered on the Sites solely to promote your own products or services by distributing the product to your customers
• You will not submit any "objectionable" material for inclusion on personalized product. "Objectionable" means, among other things, anything that (i) is libelous, defamatory, pornographic, sexually explicit, unlawful, racially or ethnically offensive, (ii) infringes on someone else's patent, copyright, trademark, trade secret or other property right, (iii) is something people would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, or violent, (iv) would breach a person’s privacy or publicity rights, (v) is a misrepresentation of facts, (vi) hate speech, (vii) encourages others to break the law in any way (viii) is intentionally harmful to Niko (ix) is otherwise inappropriate.
• The material you submitted for inclusion on personalized product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party.
• You confirm that any names(s) or phrase(s) selected by you to put on personalized product is your name or the name of a person(s) you personally know or a phrase that is not objectionable as defined above.

Product Descriptions. We use our reasonable endeavors to make sure that every product on the Sites is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.

NIKO MAKES EVERY EFFORT TO ACCURATELY REPRESENT ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO FLAVOR, QUANTITY, EFFICACY, EFFECTIVNESS OR CONTENTS. HOWEVER, NIKO CAN NOT AND DOES NOT GUARANTEE THE SAID CHARACTERISTICS NOT LIMITED TO THE ABOVE. BY BEING IN POSSESSION OF NIKO PRODUCTS, YOU ARE AGREEING TO HOLD NIKO HARMLESS AND WITHOUT FAULT IN THE CHALLENGES THAT MAY BE BROUGHT. IN CASE OF ARBITRATION, YOU ARE AGREEING THAT CHALLENGES WILL BE HANDLED BY ARBITRATION IN WHICHEVER JURISTICTION NIKO SELECTS.

Placing Your Oder. When you place an order (by choosing your product, personalizing if applicable and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ between you and Niko is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) Where we cannot obtain authorization for your payment; (b) If you do not meet any eligibility criteria set out in these Terms of Sale; or (c) If the order for personalized products contains reference to any names, words, acronyms, symbols or other content that is not approved by Niko. We reserve the right to cancel your order at any time and issue a full refund.

Ordering multiple products. Orders containing multiple items may be shipped separately.

Payment. You can pay for your goods using major credit or debit cards, PayPal or Apple Pay.

Prices and Sales Tax. Unless otherwise specified, all prices shown include any deposit fees at the prevailing rate, if applicable. Product prices shown on the Sites do not include sales tax. All applicable sales tax will be calculated and displayed during checkout, based on the shipping destination.

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case, it will be clearly stated.

Shipping. Shipping charges will be added to your order during the checkout process. From time to time, we may offer free shipping promotions, the terms of which will be advertised on the Sites and are subject to change without prior notice. If you want to check the postage and packaging cost of your order, simply place the items in the online shopping basket with the correct quantity and address. We will then calculate the charge for you.

Generally, orders are delivered within a week, but please allow 2 to 3 weeks from the date of placing your order for your items to arrive. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.

Circumstances Beyond Our Control. Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.

Changing or Canceling an Order. We can assist with making changes to order quantities or shipping addresses until 7PM EST on the day the order was placed. Please contact us through email or Instagram.

Returns and Refunds. We want you to LOVE your products. In the rare case that you’re not satisfied with your order, please contact us WITHIN 5 DAYS of receipt by contacting us through email at info@loveniko.com with the subject line including the phrase “REFUND REQUEST” or through Instagram. We generally do not accept returns on opened or damaged products, and all products will be inspected upon receipt. We will make every effort to inspect the product quickly, but this process may take as long as 30 calendar days.

Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) or replace the item free of charge. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled. We reserve the right to refuse a refund request. Abuse or misuse of the refund policy may result in the refusal of future refunds.

Reporting a Problem. If for any reason you are not happy with your order, please contact us using the methods as detailed in the Terms of Service or using our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 30 calendar days.