1.1 Welcome to Nima Local shop website. Throughout this website, the terms “we”, “us” and “our” refer to Nima Local Shop or Nima Local House Hotel. These terms and conditions (the "Terms") are the terms on which this Website https://www.nimalocalshop.com (the "Website"), and the purchase of products or made available for sale on our Website (a "Product"), are made available to You ("You"/"Your"). These Terms also contain very important information regarding Your rights and obligations, as well as conditions, limitations and exclusions that might apply to You. Please read these Terms carefully before using our Website, and print off a copy or save a copy for future reference.
1.2 This Terms might be updated at any time. We will add a notice here stating when was the last time we updated them, or you may be notified via email. It’s very important that you review the Terms whenever we update them or you use the Services.
1.3 By using or accessing our Website, or purchasing a Product, you agree to be legally bound by these Terms as they apply to Your use of or access to our Website.
1.4 If You do not wish to be bound by these Terms, then please refrain from using our Website. We may also amend these Terms from time to time, so please make sure You have seen the latest version. Where these Terms (or any part of them) have been translated into languages other than English, the English language version takes priority.
1.5 Where You purchase a Product, Your purchase is subject to additional terms and conditions, which will be notified to You when You follow the ordering procedures set out on the relevant order page.
1.6 Nothing in these Terms or any statement appearing on our Website affects Your statutory legal rights under applicable law insofar as such rights cannot be lawfully limited or excluded.
1.7 Products: if You are a consumer based in the United States and You purchase Products from us, You return the Products to Us for any reason without penalty up to twenty-eight (28) days following the date of delivery. More information is contained in our Delivery & Returns Policy, which is incorporated into these Terms.
Last updated: 12/12/2021
2. Information About Us
2.1 We are Nima Local Shop, a company registered in Mexico and Our registered address is Colonia Roma Norte Colima entre calle Tonala y Jalapa Número 326 codigo postal 06700 ("We"/"Us"/"Our").
2.2 If You have any questions, complaints or comments on this Website or the order process, then You may contact Us on email@example.com
3. Buying Products On Our Website
3.1 To order a Product or Gift Card, You will need to follow the ordering procedures set out on the relevant order page. Risk of loss and title for all items purchased on the Website pass to You upon delivery to the carrier.
3.2 Details of the prices for the Products and the procedures for payment and delivery are displayed on or through Our Website. The price of any Product is the price in force at the date and time of Your order. The price of any Product includes VAT, but excludes any delivery charge (which, if applicable, will depend on where You are located. Details of where We deliver are contained in Our Delivery & Returns Policy).
3.3 We may make small changes to the appearance or specification of the Products supplied, which do not materially affect their quality or function. Any accidental errors or omissions in any sales literature, quotation, price, acceptance of offer, invoice or other document or information made available by Us or on Our Website may be subject to correction without any liability on Our part.
3.4 You undertake that all details You provide to Us for the purpose of purchasing Products, that the credit or debit card, or any electronic cash that You Use is Your own and that there are sufficient funds to cover the cost of any Products. We will charge credit or debit cards or PayPal account(s) prior to dispatch of the ordered Product(s), and may only dispatch the Product(s) once relevant funds have cleared. We reserve the right to verify credit or debit card details and carry out such other fraud prevention or credit checks as may be appropriate prior to acceptance or dispatch of Your order. We may refuse to complete an order if We have reason to believe that card information or other personal details You give Us are incorrect or have been supplied fraudulently.
3.5 From time to time, We will make promotional codes/ discounts available. Only one code may be used per transaction. We will alert You to additional specific terms that apply to such promotional codes at the relevant time.
3.7 Some Products may be subject to age restrictions, which We will inform You of on the Website or at the time of purchase.
3.8 We warrant that on delivery, the Products shall:
3.8.1 conform in all material respects with their description;
3.8.2 be free from material defects in design, material and workmanship; and
3.8.3 be fit for any purpose held out by Us on Our Website.
3.9 Subject to 3.10 below, if:
3.9.1 You give Us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out at 3.8;
3.9.2 We are given a reasonable opportunity of examining such Products; and
3.9.3 You (if asked to do so by Us) return such Products to Our place of business at Your cost,
We shall, at Our option, repair or replace the defective Products, or refund the price of the defective Products in full.
3.10 We shall not be liable for Products' failure to comply with the warranty set out at 3.8 in any of the following events:
3.10.1 You make any further Use of such Products after giving notice in accordance with 3.9;
3.10.2 the defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, Use and maintenance of the Products or (if there are none) good trade practice regarding the same;
3.10.3 You alter or repair such Products without Our written consent;
3.10.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
3.10.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
3.11 Except as provided herein, We shall have no liability to You in respect of the Products' failure to comply with the warranty set out at 3.8.
3.13 These Terms shall apply to any repaired or replacement Products supplied by Us.
3.14 You will be charged storage and administration fees should you not be ready to accept your Products within the delivery timeframe shared with you at the time of placing your order. These fees start at $75, but are subject to change - depending on the size of your order and the storage time required - and will be communicated to you by email within five working days of your request. Our Support team will be able to share further information on storage fees on a case-by-case basis.
4. Nima Shop Products
4.1 You must pay for the Products by credit, debit card or by PayPal at the time of the order, at which time You will be notified of the current price (which includes VAT).
4.2 We are entitled to refuse any order placed by You. Your order is accepted only when We confirm acceptance to You by online electronic means ('Confirmation') to the email address You have given Us on ordering. We will use reasonable endeavors to deliver Your order by the date set out in the Confirmation. We may amend any errors in pricing referred to on the Website and We will contact You in writing if this happens.
4.3 Products: To cancel Your order for Products after it has been dispatched to You, You will need to follow the Returns Policy & Procedure.
4.4 Limited stock availability, all items sold on a first-come, first-served basis. All products are sold as seen with no returns. Items must be taken at time of purchase.
5. Reselling Of Products
5.1 Please note that all Products available on Our Website are for personal use only as a consumer. You may not advertise, sell or resell any of the Products in connection with a business.
5.2 We reserve the right to cancel or reduce the quantity of any orders where We believe You are breaching any of the above Terms.
6. Modifications To Website/ Product
6.1 We reserve the right to alter or suspend any aspect of Our Website or the content or discontinue Product available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/ or the sale of new Products and memberships shall be subject to these Terms.
6.2 While We will endeavor to make sure Products are in stock, all advertised Products are made available for purchase subject to availability and We cannot be liable if a particular Product is not available. We will endeavor to inform You by email if any Product You have ordered is no longer available and refund any money You have previously paid.
7. Information You Provide
You authorise Us to use, store or otherwise process any personal information that relates to and identifies You, including, but not limited to, Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or Our sub-contractors. If You obtain or choose to buy Products through Our Website, then We may collect information about Your buying behavior. And if You send Us personal correspondence such as emails or letters, then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as "Personal Information";
You must ensure that the Personal Information You provide is accurate and complete, and that all ordering or registration details (where applicable) contain Your correct name, address, and other requested details.
7.2 If You would like to review or modify any part of Your Personal Information, You should email Us at firstname.lastname@example.org
You are solely responsible in all respects for all Use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding Our Website that comes to Your attention. We have the right to suspend Your account or to disable any username or password at any time if We believe You have failed to comply with these Terms, or for security and maintenance reasons.
9. Applicability Of Online Materials
We make no representations that the materials on Our Website are appropriate or available for use in locations outside the US or Mexico. You accept that if You live outside the US or Mexico, You must satisfy yourself that You are lawfully able to access and/ or purchase Our Products.
10.1 Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trademarks or right to any designs, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in relation to content appearing on Our Website. All content included on Our Website, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software, is Our property or Our content suppliers, and protected by United States and international copyright laws. The compilation of all content on Our Website is Our exclusive property, and protected by United States and international copyright laws. All software used on Our Website is Our property or Our software suppliers, and protected by United States and international copyright laws.
10.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the content or materials on the Website other than for Your own personal use.
10.3 Any Use other than that permitted above may only be undertaken with Our prior express authorisation.
10.4 By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.
11.1 You may establish links to the Website provided:
You link only to the homepage of the Website;
You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
You give Us notice of such links by sending an email message to Us at email@example.com; and you immediately stop providing links to the Website if notified by Us.
11.2 We make no representations whatsoever about any other websites that You may access through Our Website or that may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website, it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of such a Website, and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.
measure the number of visitors to Our Website;
see how visitors navigate Our Website and to see which resources they access;
see what visitors' buying behaviors are to allow Us to see the latest buying trends; and
see information about visitors' internet connections and the equipment used to access Our Website.
11.3.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.
11.3.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/ or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer - for example, Your operating system and browser type.
11.3.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP), then it is the address of the router that will appear in Our logs and not the address of Your computer.
11.3.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or, to block all cookies, or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies, You may be unable to access certain parts of Our Website.
11.3.6 For more information on cookies, please see the (IFAI) website at www.ifai.org.mx
12. Your Use Of The Website
12.1 You agree that in using Our Website, You will not:
use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
use Our Website in any way that interrupts, damages, impairs or renders the website less efficient;
use Our Website for any purpose other than Your personal use;
email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
advertise or promote third-party or Your own products or services, including by way of the distribution of 'spam' email;
transfer files that contain viruses, trojans or other harmful programs; or
access or attempt to access the accounts of other users, or to penetrate or attempt to penetrate Our Website security measures.
12.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if We have reasonable grounds to believe You have breached any of the restrictions above.
12.3 You confirm that:
You will comply with the restrictions on Your use of the Website as set out in these Terms; and
in relation to any material submitted to or posted on the Website, You have the right to do so and have obtained all necessary licenses and or approvals.
13. Availability Of Our Website And Website Content
13.1 We will try to make Our Website available, but cannot guarantee that Our Website will operate continuously or without interruptions or be error-free, and can accept no liability for its unavailability.
13.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons reasonably beyond Our control.
13.3 Unless We state otherwise, all content published on the Website is presented solely for Your private, personal and non-commercial use. While We do always try to ensure that the Website is accurate and up to date, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date. We cannot accept any liability or responsibility for any loss that may arise from reliance on material on the Website, whether it is Our material or material posted by a third party (e.g. reviews, testimonials and comments).
13.4 When Using the Website on Your mobile, laptop or desktop device ("Device"), You acknowledge and agree that You are responsible for (i) maintaining continuous internet access for Your Device through a Wi-Fi or LTE data communication network and (ii) any internet connection and telecommunications fees and charges that You incur. We are not responsible for the operation of Your Device. You are responsible for ensuring the system functions of Your Device are in working order when accessing the Website, including, but not limited to, screen display operation features of Your Device.
17.1 To the maximum extent legally permitted, Our liability (whether for negligence, breach of contract, misrepresentation (except, if fraudulent) or otherwise) shall be limited in aggregate to the net payment to Us from You for the Product concerned, and in respect of any single occurrence or series of occurrences We shall not under any circumstances be liable for:
4.1.1 incidental, indirect, or consequential damages; or
14.1.2 loss of income, revenue, business, contracts, data, goodwill or savings.
14.2 Nothing in these Terms shall exclude or limit Our liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or authorized representatives, or any other liability that cannot be legally excluded.
14.3 All content and services on Our Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis), and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
14.4 We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.
To the fullest extent permitted under applicable law, We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable, the other provisions shall continue to apply.
15.3 Causes beyond control
If Our supply of Nima Shop Products is delayed by an event outside Our reasonable control (an "Extraordinary Event"), then We will contact You as soon as reasonably possible to let You know. And We will, where reasonably possible, take steps to minimize the delay. An Extraordinary Event shall include, without limitation, the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster or other calamity affecting the health of some or all of the general public; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and major disruption at ports, airports and borders; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
You may contact us to firstname.lastname@example.org
15.5 No waiver
If You breach these Terms and We take no action against You, We will still be entitled to enforce Our rights and remedies in any other situation where You breach these Terms.
All notices shall be given:
to Us via email at email@example.com
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
These Terms replace all other terms and conditions previously applicable to the use of Our Website, and You acknowledge that these Terms supersede and cancel all previous contracts, agreements and arrangements, whether oral or written, express or implied with You. These Terms prevail over any other terms or conditions of sale or purchase contained in or referred to elsewhere or implied by trade, custom or course of dealing.
18. Customer Satisfaction
It’s important to remember that our Product(s) are sold in limited quantities and most of them are done by hand by master artisans. As much as we try our best to display our itms in the most accurate way possible, know that hand-crafted items might come with variations in color, style, and size. If you are not fully satisfied with your purchase, contact firstname.lastname@example.org