These general terms and conditions (subsequently, “Terms”) apply to the use of the website, as well as to all services and products (subsequently, “Products”) which are offered as part of the business transactions on the niniko.co.uk internet shop, as well as on the associated landing pages and product-specific Internet sites (subsequently generally referred to as “niniko.co.uk”). “Customer” means any natural or legal person with whom the provider has a business relationship through niniko.co.uk or who is registered on niniko.co.uk. niniko.co.uk is operated by NEUE IP Ltd. Products and services on niniko.co.uk are sold by Niniko Ltd.

In these terms, headings are for convenience only and are not intended to be used to interpret the terms.

If the terms refers to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then these terms are also applicable to and binding on that party’s liquidator or trustee, as the case may be.

Unless these terms indicates to the contrary, any references to any gender includes all genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of these terms, shall not apply.
The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.

If not specified differently by the provider in writing for a specific product, these Terms apply to all websites and products offered on niniko.co.uk as well as to the associated websites and products offered on the associated landing pages and product-specific Internet sites. The business transactions between the Provider and the Customer are offered exclusively under these Terms. The Provider may modify the Terms which apply to niniko.co.uk, at any time and without prior notice. Revised Terms enter into force immediately upon publication and replace all niniko.co.uk Terms which were applicable until this time.

You agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Provider against any loss, liability, damage or expense of whatever nature which the Provider or any third-party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material. By submitting reviews, texts, pictures or comments, you give the Provider irrevocable commercial (copy)rights on the submitted materials. The Provider reserves the right to delete or to modify content. niniko.co.uk may terminate or suspend your access to all or part of the site, without notice, for any conduct that niniko.co.uk, in its sole discretion, believes is in violation of any applicable law or is harmful to niniko.co.uk or a third-party.

All information (descriptions, product images, measurements, weight, etc.) and prices are non-binding and subject to change without guarantee and may be changed at any time without prior notice. Technical modifications remain expressly reserved. The Provider assumes no liability for product information, availability and warranty information. Although niniko.co.uk uses reasonable efforts to have the colors of the images of its merchandise displayed as accurately as possible on the site, we do not warrant that the color will be accurately displayed by your monitor.

The Customer understands that there may be delays in delivery due to supply shortages or inaccurate inventory data. The Provider will make every effort to avoid these situations and to reproduce this data as accurately as possible. All our products are in compliance with all the requirements and specifications under the laws of Hong Kong. We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers.

All products sold are for customers’ use only and shall not be commercially resold. The Provider reserves the right to set a limit on the quantity of certain products for delivery without giving a reason.

Unless otherwise stated, all prices are in Hong Kong Dollars, and excluding shipping costs. Other currencies except for Hong Kong Dollar, US Dollar, and Euro may be for informative purposes only and the payment currency may be the respective amount in US Dollar as indicated on the website. Unless stated “including tax”, all prices are exclusive of local VAT, sales tax or import charges. The price of the product at the time of order on niniko.co.uk is binding; the Provider reserves the right to make a price adjustment in retrospective in the event of an error or mistake in pricing.

The shipping costs depend on the shipping method selected by the Customer and these costs are paid by the Customer. Express delivery is possible for certain orders. When you place your order, you will see whether this option is available for your specific order and the cost of this option. The items will be delivered within the time frame shown on the checkout page and confirmed on the order received page. If the items do not arrive within this delivery time, you will be entitled to a refund of the delivery costs. Please contact us for further information.

The information required during registration and order must be truthfully and fully provided and updated by the Customer. The Provider assumes no liability whatsoever for the content or for the information provided by the Customer. The Customer must also ensure that no unauthorized third-party has access to this data. Registration and order are reserved exclusively for persons capable of acting and when placing an order the Customer warrants that he is at least 18 years old, is not declared to be incompetent and is capable of sound judgment. You may not impersonate another person and you are required to associate your real identity with your account.

If you are not, factually or legally, authorised to bind another person as our Customer to these terms, you agree that you will be personally liable for any amounts due to the Provider in terms of these terms or otherwise as a consequence of using the Provider's services or products in the event the legal entity concerned refuses or fails to pay any amounts which are due to us and as if you contracted with us for your own use.

Each Customer may only have one Customer account; the Provider reserves the right to not accept a registration or to warn or terminate an entry without providing a reason. By registering you agree that we can send you updates and promotional emails. If you don't want to receive them anymore, you can unsubscribe in any of our non-transactional emails.

By clicking the “buy now” button on the checkout page, the Customer sends a binding order to the Provider. The contract is concluded upon the acceptance of the Customer's order on the part of the Provider, at the latest with the delivery of the ordered products. The Customer is informed of the conclusion of the contract by means of an automatically generated shipment confirmation by e-mail or by telephone. The Provider reserves the right to not confirm an order without providing a reason. Each Contract relates only to those Products whose dispatch the Provider has confirmed in the Dispatch Confirmation. The Provider shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation. The contractual partner (here: “Provider”) is:
Niniko Ltd.
78 Bonham Strand
Hong Kong

The Customer agrees to exclusively use the payment options made available by the Provider on niniko.co.uk for payment. Any additional costs incurred in the processing of the payment will be paid by the Customer. If payment is delayed, all open amounts are payable immediately and the Provider reserves the right to charge a minimum fee of 200 HK$ for administrative costs; in addition the Customer must pay for damages and interest. The Provider reserves the right to withdraw. Until full payment is made, the products remain the property of the Provider. In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. We reserve the right not to accept certain payment methods for a particular order and to refer to other payment methods.

The shipping companies indicated on the website and checkout are for informative purposes and the actual shipping company may be changed by the Provider for any reason at any time without notification. Delivery dates are not binding and delays in delivery are in no event a reason for the Customer to withdraw from the contract or to make claims for damages of any kind. The Customer agrees to inspect the goods immediately upon receipt and to report incorrect deliveries or defective products or shipping damages to the Provider within 48 hours, and to also report shipping damages to the shipping company.

For many international shipments, outsite the European Union and United States of America, you may be required to pay customs and duties, obtain certain licence or apply for registration of your purchased products in your own country to receive delivery of your package. The customs charge and/or import regulation is determined completely by the government of your country, and as such we have no control over those costs or regulations. As such, niniko.co.uk will not pay, nor be held responsible, for such costs or arrange for application of import license. By continuing with your order you agree to be responsible for any customs or duties incurred as a result of your country's customs and duties regulations as well as obtaining any import registrations or license required for the products you are purchasing. If the package is rejected by the customs of your home country or otherwise and returned to the Provider you will be responsible for the return shipping charges and a re-stocking fee of 15% of the total product purchase price.

If your item is returned to us due to an incorrect address or address details including door codes,… or failure to pick it up from a parcel shop, we will charge a reshipping fee that is at maximum equivalent to the true cost to resend the parcel to your address. In this case you have the option to provide us with a new, correct address within 14 days.

You may revoke your contractual declaration using the returns form on niniko.co.uk within 14 days. The deadline shall begin to run upon receipt of the goods by the recipient (in the case of recurrent delivery of similar goods, not prior to receipt of the first partial delivery). In order to meet the revocation deadline, it shall be sufficient to dispatch the revocation or the item in good time. Your right to cancel the purchase applies exclusively to products returned in the same condition in which you received them. No refunds will be given if the product has been used or damaged, or is not returned in the same condition in which it was delivered. Please return the product with or including all original packaging, instructions and other documents that accompany the product. We will not refund any shipping costs or return shipping costs, unless the return is due to faulty goods delivered. Any costs associated with return shipping (e.g. unpaid return shipping costs, import taxes,…) charged to us by the returns carrier, will be deducted from the refund amount.

Not accepting the parcel does not conclude revocation, nor does returning the parcel without informing us prior, if the parcel is not marked with an order ID or other identifying information, we can use to match the parcel to your order. In this case, we will hold a parcel for 14 days and will destroy it after without refunding, unless you provide us with revocation information to identify your return in the meantime.

Consequences of revocation:
In the event of an effective revocation, the mutual services received by the parties are to be returned, and any benefits derived therefrom (e.g. interest) returned. Should you not be able to return or release to us the benefit and use received (e.g. benefits of use), or only partially or in an impaired condition, you shall be required to compensate us for any loss in value. This may lead to you nonetheless having to fulfil the contractual payment obligations for the period of time lapsed until revocation. You only need to compensate us for the value for the impairment of the item or for benefits derived from it if the benefit or impairment is attributable to handling the item in a way that goes beyond checking its properties and functioning. Customers returning goods are responsible for freight charges. Any obligations concerning reimbursement of payments must be fulfilled within 14 days from the products’ receipt by the Provider.

Exclusion of revocation:
The right of revocation shall not exist for goods which are made in accordance with customer specifications or are clearly tailored to individual requirements, or which, due to their nature, are not suitable to be returned. In addition, products that are not suitable for return due to reasons of hygiene or healthcare are excluded.

The Provider excludes claims for damages or for a complete withdrawal from the contract due to breach of contract, impossibility of performance, faults during the conclusion of the contract and tort (insofar as there is no intentional or willful negligence). Liability for direct or indirect damages or consequential damages of any kind (for example, as a result of injuries and/or accidents associated with products sold on niniko.co.uk), resulting from the use, misuse or performance failure, are completely excluded. For those products for which operating instructions are provided, the Customer declares that he is aware of the operating and application information as well as of any risks or hazards associated with the product.

If there are links that lead from niniko.co.uk to third-party websites not operated by the Provider, the latter is not responsible for the content which is published on these websites. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Provider. Please contact us at [email protected] if you would like to link to this website or would like to request a link to your website.

You agree to indemnify, defend and hold harmless niniko.co.uk from and against all losses, expenses, damages and costs (including reasonable legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your use of the site. You further agree that niniko.co.uk shall not be held liable howsoever for your use of the site and you agree to waive all claims that you may have against niniko.co.uk for any loss or damages you may sustain in connection with your use of the site. In the event that this disclaimer is unenforceable, the total liability of niniko.co.uk, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.

If there are no product-specific warranty conditions provided in the product description, there is no right to the performance of warranty beyond the legally applicable warranty. Defective products must be taken into account under section 9 of the Terms.

Promotional coupons, gift vouchers and store points can be redeemed on niniko.co.uk. These are delivered exclusively by the Provider and may be subject to various conditions. There is also no right to a cash payment, a replacement or exchange due to loss or theft. In case of misuse, any promotional coupons, gift vouchers and store points will be declared invalid. For lucky draws the lucky draw terms & conditions apply.

The Privacy Policy under niniko.co.uk/privacy-policy applies.

The exclusive place of jurisdiction for all disputes with the Provider is Hong Kong, under application of Hong Kong law and under exclusion of the Vienna Convention (CISG).

These Terms, as well as the trademarks, image, designs, software and text materials on niniko.co.uk, are protected by Hong Kong and international copyright and are the intellectual property of the Provider or its contractual partners. The Provider has exclusive rights of use. A use of any kind, even if only partially or in modified form, without the express written consent of the Provider is prohibited. No rights are acquired by accessing, downloading, copying or by transferring from the website. Violations will be prosecuted.

Rights Infringements
If a person believes that his or her rights have been infringed by the unlawful use of the Provider's service by a person, this person can make a complaint to the Provider, which must meet the following requirements and/or contain the following information:

• the full name and address of the complainant
• the written or electronic signature of the complainant
• identification of the right allegedly infringed
• identification of the material or activity that is claimed to be the subject of an illegal activity
• the remedial action to be taken by the Provider in relation to the complaint
• telephone and electronic contact details of the complainant, if available
• a statement that the complainant is acting in good faith
• a statement by the complainant that the information in the pick-up message is true and correct to the best of their knowledge

Notifications should be sent to us by email: [email protected]

We will investigate the complaint upon receipt of a complete and properly formulated complaint notice and, if necessary, take appropriate action. Such action may include removing offensive content and/or taking appropriate action against offending users or customers where appropriate. We may not be able to respond to every complaint or respond to every complaint, or it may not be appropriate for us to do so.

In the event of a partial invalidity of the contract or of these Terms, or if the contract or the Terms contain an unforeseen gap, the Customer agrees to respect the valid part of the Terms.