Terms of service
Terms of Service
General Information
Welcome to Nahymar. This website is operated by Nahymar. Throughout the site, the terms “we,” “our,” and “us” refer to Nahymar. Nahymar makes this website available to you, including all information, tools, and services provided. Access to the site is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or making a purchase, you engage in our Service and agree to the following terms and conditions, including all additional terms and policies mentioned or available via hyperlinks. These terms of service apply to all users of the site.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to the terms of use. If you do not agree to all the terms, you must not access the site or use any of the services.
Any new features or tools added to the store will also be subject to these terms. You can review the updated version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of the Terms by posting changes on our website. It is your responsibility to review this page periodically.
Your continued use of the site after changes are posted constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products.
Section 1 – Online Store Conditions
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age and have given us your consent to allow any minors who depend on you to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the service. You must not transmit worms, viruses, or any code of a destructive nature. Violation of these conditions will result in immediate termination of your services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (except credit card information) may be transferred unencrypted across various networks and may be modified to conform to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, or exploit any part of the Service without our express written permission.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information available on this site is not accurate, complete, or current. The information is provided as a general reference only and should not be relied upon as the sole basis for decisions without consulting more accurate or up-to-date sources. Any reliance on the content is at your own risk.
This site may contain certain historical information that is not necessarily current. We reserve the right to modify the content of the site at any time, with no obligation to update any information.
Section 4 – Modifications to Services and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the service at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the website. These products may be in limited quantities and subject to return or exchange according to our return policy.
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your device’s monitor will display colors with complete accuracy.
We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, the same credit card, or the same billing or delivery address.
In the event of an order change or cancellation, we will attempt to notify you by contacting the email address, billing address, or phone number provided. We reserve the right to limit orders that appear to be placed by resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 – Optional Tools
We may provide you with access to third-party tools that we do not monitor or control. You acknowledge and agree that access to these tools is provided “as is” and “as available,” without any warranties of any kind. We assume no liability arising from your use of third-party tools.
Any use of these optional tools is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms under which they are provided.
Section 8 – Third-Party Links
Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant or assume any liability for any third-party materials or websites, or their products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content from third-party websites. We ask that you carefully review the policies and practices of any third parties before entering into any transaction.
Section 9 – User Comments and Other Submissions
If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or by postal mail, you agree that we may, at any time, modify, copy, publish, distribute, translate, or otherwise use any such comments without restriction. We have no obligation to maintain confidentiality about any comments, pay compensation for them, or respond to them.
We may, but have no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any third party’s rights, including copyrights, trademarks, privacy, or other personal or proprietary rights. You also agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer viruses or malware. You are solely responsible for any comments you make and their accuracy.
Section 10 – Personal Information
Your submission of personal information through the site is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, charges, shipping, transit times, and availability. We reserve the right to correct any errors and to change or update information, or to cancel orders if any information in the Service is inaccurate, at any time without prior notice (including after you have submitted your order).
We assume no obligation to update, correct, or clarify information in the Service or on the website, except as required by law.
Section 12 – Prohibited Uses
In addition to the prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any local, international, federal, or state regulations or laws; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, defame, 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 malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, scrape, etc.; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to suspend your use of the service for violating any of these terms.
Section 13 – Disclaimer of Warranties and Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, suspend the service for indefinite periods or terminate it at any time without notice. You expressly agree that your use of the service is at your sole risk. The service and all products delivered through it are provided “as is” and “as available,” without any representation, warranty, or condition of any kind, either express or implied.
In no event shall Nahymar, its directors, agents, employees, affiliates, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the use of the service. Because some states or jurisdictions do not allow the exclusion of such liability, our liability will be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless Nahymar and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your breach of these Terms or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms, without affecting the validity of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms, we may also 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 we may deny you access to our services.
Section 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules we post on this site constitute the entire agreement between you and us, and supersede any prior agreements, communications, or proposals, whether oral or written.
Section 18 – Governing Law
These Terms of Service and any separate agreements shall be governed by and construed in accordance with applicable law.
Section 19 – Changes to Terms
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting changes on our website. It is your responsibility to check our site periodically.
Section 20 – Contact Information
Any questions about the Terms of Service may be sent to: hola@nahymar.com
Section 21 – SMS Marketing and Notifications
By agreeing to receive SMS marketing during the checkout process or by subscribing through our tools, you agree to receive recurring text notifications (regarding your order, abandoned cart reminders), marketing offers, and transactional messages, including review requests, even if your phone number is registered on any do-not-call list.
Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe, reply STOP to any mobile message we send you, or use the unsubscribe link provided in our messages. We do not charge for this service, but you are responsible for any text message charges imposed by your service provider. Message and data rates may apply.
If you have any questions, reply HELP to the number from which you received the messages, or contact us at hola@nahymar.com