Welcome to the NISHIPEARLS.com website which includes all content, information, products and services available on or though this website (the “Site”). Your use of this Site is subject to the terms and conditions of use set forth below (the “Terms”). By accessing or using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and NISHI PEARLS (hereinafter, “us”, “our” or “we”) in relation to your use of the Site, the products and services offered and sold through the Site, and any orders you place through the Site (collectively, the “Service”). Before you place an order, please carefully read these Terms and any other policy referenced herein through hyperlinks. We reserve the right to modify, replace or otherwise alter any part of these Terms without prior notice, and your continued use of or access to the Site following any of said modifications, replacement or alterations constitutes acceptance of same.

1.                PLACING AN ORDER

To place an order, please follow the shopping process and press the “Complete Order” button to submit the order. You will then receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched (the “Shipment Confirmation”).

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only.

2.                AVAILABILITY OF PRODUCTS

We reserve the right to withdraw any product from the Site at any time and/or remove or edit any materials or content on the Site at any time.

We will not be liable to you or any other third party by reason of our withdrawing of any product from the Site, whether it has been sold or not, removing or editing any materials or content on the Site or for refusing to process or accept and order after we have sent you the Order Confirmation.

3.                SHIPPING AND RETURNS

Shipping and returns are governed by our shipping and return policy: https://www.nishipearls.com/shipping-returns/.

4.                PRICING AND PAYMENT

The price of the products shall be the one stated from time to time on the Site, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. In the event that we are unable to contact you, the order will be treated as cancelled, and if you have already paid for the product(s) you will receive a full refund.

All prices are exclusive of shipping charges and sales taxes (if applicable). The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). All prices are in Canadian Dollars (CAD) and US Dollars (USD), as the case may be, and subject to change at any time without prior notice.

By clicking on the “Complete Order” button, you are confirming that the credit card or debit card is yours. Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer. If we do not receive the required authorization, we will not be liable for any delay, non-delivery or cancellation of orders.

5.                PERSONAL INFORMATION

Your submission of personal information is governed by our privacy policy: https://www.nishipearls.com/privacy-policy/

6.                PROHIBITED USE

In addition to any applicable law, you agree and acknowledge that you may not use this Site and any of its content: (i) for any unlawful and/or obscene or immoral purpose; (ii) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (iii) to upload or transmit bugs, viruses or any other type of malicious software or malware that will or may be used in any way that will affect the functionality or operation of the Service; (iv) to collect or track the personal information of others; or (v) to interfere with or circumvent the security features of the Service. We reserve the right to restrict your access to the Service for violating any of such prohibited uses.

7.                LIMITATION OF LIABILITY

While we attempt to provide accurate and timely information, there may be technical inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. We do not guarantee that the information on the Site is appropriate to your jurisdiction or available for purchase in all jurisdictions. We may also, without prior notice, terminate, change, suspend or discontinue any aspect of the Site including, but not limited to, availability hours of the Site, and we will not be liable to you or to any third party for same.

YOU EXPRESSLY ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO THE SERVICE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE OR ERROR-FREE. EXCEPT AS EXPRESSLY STATED BY US, THE SERVICE AND ALL PRODUCTS AND SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM THE SERVICE OR ANY PRODUCTS AND SERVICES PURCHASED OR OBTAINED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. CONSIDERING THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We make no warranties of any kind regarding any websites to which you may be directed to from the Site except for the ones referenced in Sections 3 and 5 above.

8.                INTELLECTUAL PROPERTY

All materials contained on this Site, including all software, HTML code, Java applets, Active X controls and other codes (the “Materials”) are the property of NISHI PEARLS or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under Canadian and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, sublicense, post, transmit, or distribute the Materials, in whole or in part, for any public or commercial purpose without our prior written permission. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site.

Except as otherwise provided herein, use and access of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials or features. If you use the Site in a manner other than as provided herein, you may violate copyright and other laws of Canada and applicable provincial laws, as well as applicable international copyright laws. This does not prevent you from using the Site to the extent necessary to make a copy of any order.

9.                INDEMNIFICATION

You agree to defend, indemnify and hold us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site or your violation of these Terms, including, but not limited to, any third party claim that any information or materials you provide infringes any third party right.

10.              FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by any act, event, omission or accident beyond our control, including, without limitation, strikes, lockouts 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 other natural disaster, subsidence, epidemic, pandemic, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, acts, decrees, legislation, regulations or restrictions of any government, or any shipping, postal or other relevant transport strike, failure or accidents.

11.              WAIVER

No failure of NISHI PEARLS to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver.

12.              ASSIGNMENT

These Terms are binding on you and us and on our respective heirs, successors and assigns and as indicated herein, are for the benefit of NISHI PEARLS, its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents. You may not transfer, assign, charge or otherwise dispose of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms or any of our rights or obligations arising from these Terms, at any time.

13.              SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

14.              GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada. You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the purchase of products and services or use of the Service will be settled exclusively by the courts of the Province of Quebec, and that the elected domicile is the City of Montreal.

15.              ACKNOWLEDGEMENT

By agreeing to these Terms, you acknowledge and represent that you are at least the age of majority in your state or province of residence, have read these Terms, understand all of its provisions and are agreeing to them knowingly and voluntarily.

16.              FRENCH LANGUAGE CLAUSE

The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces modalités et tous les documents qui s’y rapportent soient rédigés en anglais.

17.              CONTACT

For more information or questions about these Terms, please contact us at info@nishipearls.com.

 

 

 

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