Terms Of Use -Terms and Conditions

This website is operated by Nikken Inc. (referred to as “Nikken/we/our/us”). As a user of this website (referred to as “you/your”), you acknowledge that any use of this site, including any transactions you make (“use/using”), is subject to our terms and conditions below which includes important sections, e.g., Order Information, Delivery Information, Returns Information, Security and Privacy. You will also find other useful information related to frequently asked questions.


1 General

1.1 Use of this website is confirmation that you understand and accept these terms and conditions.


1.2 Nikken reserves the right to amend and update these terms and conditions as needed.


2 License for website access

2.1 Nikken grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nikken. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.


2.2 This website or any portion of this website may not be reproduced, duplicated, copied, extracted, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.


2.3 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are personally responsible for all electronic communications and content sent from your computer to Nikken and you must use the website for lawful purposes only. You must not use the website for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. Any unauthorized and/or unlawful use of this website terminates the permission or license granted by Nikken and will result in the cancellation of your distributorship.


3 Your Account

3.1 If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account.


3.2 You should take all necessary steps to ensure that the password to your account is kept confidential and secure and should inform Nikken immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that your account information is current and correct and inform Nikken immediately of any changes.


4 Privacy

4.1 Please review our Privacy Statement which also governs the use of this website.


5 Ordering

5.1 Orders submitted via this website are placed in accordance with Nikken’s terms and conditions current at the time the order is accepted by Nikken. The “review order” page sets forth the final details of your order. Following this, we will give to you an on-screen order confirmation detailing the products you have order, along with an order confirmation number.


5.2 Orders placed on this website may be shipped to a US or CN address.


5.3 You may select the delivery speed when you place your order and will be charged with the corresponding fee. Delivery charges are specified in the Delivery Information section and also when you place an order. We make every effort to ship your order within three to five working days of your order confirmation; however, delays are occasionally inevitable due to unforeseen factors and all goods and products are subject to availability. Nikken shall be under no liability for any delay or failure to deliver the products within estimated time scales.


5.4 Your order may be viewed on the order history screen of your account.


5.5 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery.


6 Cancellations and Returns

6.1 Under our return policy, you may cancel your order by contacting Nikken within 3 business days of order placement. If you have received the goods before 3 business days, please contact Nikken for authorization and an RMA number to return the goods to us. Goods must be unopen and unused. The cancellation period starts from the date your order is placed. The timely posting of the cancellation notice is required. Refund will be given in the original form of payment. Original shipping fee will not be refunded.


6.2 To return a product, please see our Return Policy.


7 Copyright and database rights

7.1 All software used on this website and content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nikken, its affiliates or its content suppliers and is protected by United States and international copyright and database right laws.


8 Limitation of Liability

8.1 While Nikken strives to ensure that all information contained in this website is correct; use of any information obtained from here is at your own risk. This website is provided on an “as is” basis without any warranties, express or implied, including but not limited to, any warranty of merchantability or fitness of this website for any particular purpose, to the fullest extent that such warranties may be excluded by law. Please note that Nikken will update the content of its website periodically and it is your responsibility to ensure that the information that you are using from this site is current and updated.


8.2 Nikken shall not be liable to you for any loss, damage, liability, claim or expense (whether in contract or tort) arising out of or in connection with your use of, or any difficulties you may have in accessing, the website or its content to the fullest extent to which such liability may be excluded by law. In no event shall Nikken be liable to you for any indirect, incidental, exemplary, punitive or consequential losses or damages arising out of or in relation to your use of the website or its content. Nothing in these terms and conditions excludes or limits Nikken’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.


8.3 Nikken will take all reasonable precautions to keep personal information secure. However, Nikken shall not be held liable for any losses caused as a result of unauthorized access to your account or personal information provided by you.


8.4 Nikken shall not be liable for any defect or failure in the performance of the website for reasons beyond Nikken control, including but not limited to link failures, power difficulties, telephone outages, network overload, default or failure of a third party (including a public telecommunications operator), government actions, failure in the supply of a third party’s access line or any event of force majeure.


8.5 No failure or omission by Nikken to carry out any of the provisions of this agreement shall give rise to any claim against us or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond our control and if we are unable to fulfill our obligations in such circumstances our obligations shall be suspended.


8.6 Notwithstanding the above, subject to Section 8.1 Nikken’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.


8.7 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.


9 Miscellaneous

9.1 We may provide 3rd party links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.


9.2 We have selected our products on the basis that they will be used for personal use only. If you are planning to use them for business purposes, please make sure that you are covered by appropriate insurance.


9.3 You may not assign or subcontract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Nikken.


9.4 Nikken reserves the right to transfer, assign, notate or subcontract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. Other than under the terms of this clause 9.4, these terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party. However, no consent from the persons referred to in this clause 9.4 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favor of such third parties).

9.5 Waiver Failure or delay by Nikken to enforce any of the provisions of these terms and conditions, or failure to exercise any powers, rights or remedies shall not be construed as a waiver of such, and shall not affect the right of the company thereafter to enforce each and every provision. Any waiver must be in writing and signed by an authorized officer of Nikken.


9.6 These terms and conditions shall constitute the whole agreement between you and Nikken relating to the use of this website (including the order of products) and supersede all prior representations, understandings and agreements between you and us.


9.7 These conditions are governed by and construed in accordance with the laws of California. You agree, as we do, to submit to the exclusive jurisdiction of Orange County, California.