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Terms of Service

Please read these terms and conditions carefully before using our services. By accessing or using NDKUS, you agree to be bound by these terms.

Last Updated: November 27, 2024

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1. Acceptance of Terms

Welcome to NDKUS Underwear ("NDKUS," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services.

By accessing or using our website (www.ndkus.com), making a purchase, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract.

2. Account Registration and Security

To access certain features, you may need to create an account.

2.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized access to your account
  • You are responsible for all activities that occur under your account

2.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason at our sole discretion. You may close your account at any time by contacting customer service.

3. Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms.

3.1 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for personal, non-commercial purposes. This license does not include:

  • Resale or commercial use of our services or content
  • Collection or use of product listings, descriptions, or prices
  • Derivative use of our services or content
  • Any downloading or copying of account information for the benefit of another merchant

3.2 Restrictions

You agree not to:

  • Use any automated means to access the website or collect data
  • Interfere with or disrupt the website or servers
  • Bypass any measures we use to prevent or restrict access
  • Impersonate another person or entity
  • Engage in any conduct that restricts or inhibits others from using the services

4. Product Information and Pricing

We strive to provide accurate product information and pricing.

4.1 Product Descriptions

We make every effort to display accurate product images, descriptions, and specifications. However, we do not warrant that product descriptions, images, or other content is accurate, complete, reliable, current, or error-free. Colors may vary slightly due to monitor settings.

4.2 Pricing

  • All prices are displayed in the selected currency and include applicable taxes where required
  • We reserve the right to change prices at any time without prior notice
  • Pricing errors may occur; if we discover an error in the price of products you've ordered, we will notify you and give you the option to cancel or proceed at the correct price
  • Promotional offers and discounts are subject to terms and conditions specified at the time of offer

4.3 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. We do not guarantee that products displayed on our website will be in stock.

5. Orders and Payment

By placing an order, you make an offer to purchase products subject to these Terms.

5.1 Order Acceptance

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspected fraud.

5.2 Payment

  • Payment must be received by us prior to acceptance and shipment of any order
  • We accept major credit cards, debit cards, and other payment methods as indicated on our website
  • You represent and warrant that you have the legal right to use any payment method you provide
  • All payments are processed securely through third-party payment processors
  • You agree to pay all charges incurred by you or any user of your account at the prices in effect when such charges are incurred

5.3 Order Cancellation

You may cancel an order before it has been processed for shipment. Once an order has shipped, you must follow our return procedures. We reserve the right to cancel any order at any time for any reason, including suspected fraudulent transactions.

6. Shipping and Delivery

Shipping and delivery terms are detailed in our Shipping Info page.

  • Shipping times are estimates and not guaranteed
  • Risk of loss and title for products pass to you upon delivery to the carrier
  • We are not responsible for delays caused by shipping carriers or customs
  • International orders may be subject to import duties, taxes, and customs fees
  • You are responsible for providing accurate shipping information; we are not liable for delivery to incorrect addresses provided by you

7. Returns and Refunds

Our return and refund policy is detailed in our Returns & Exchanges page. Key points include. ::

  • We accept returns within 60 days of purchase for unworn, unwashed items with original tags
  • Refunds will be issued to the original payment method
  • Shipping costs are non-refundable unless the return is due to our error
  • Final sale items and certain product categories may not be eligible for return
  • We reserve the right to refuse returns that do not meet our policy requirements

8. Intellectual Property Rights

All content on our website is protected by intellectual property laws.

8.1 Our Content

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, designs, logos, and trademarks) are owned by NDKUS, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Restrictions on Use

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our content
  • Use our trademarks or branding without prior written permission
  • Remove any copyright, trademark, or other proprietary notices
  • Access or use our content for any commercial purpose without authorization

8.3 Trademark Notice

NDKUS, the NDKUS logo, and other marks are trademarks of NDKUS Underwear. All other trademarks, service marks, and logos used on our website are the property of their respective owners.

9. User-Generated Content

Our website may allow you to submit reviews, comments, and other content.

9.1 Your Grant of Rights

By submitting content to our website, you grant NDKUS a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

9.2 Content Standards

All user content must:

  • Be accurate and not misleading
  • Comply with applicable laws and regulations
  • Not contain offensive, defamatory, or inappropriate material
  • Not infringe any third party's intellectual property rights
  • Not contain viruses or malicious code

9.3 Monitoring and Removal

We reserve the right (but are not obligated) to monitor, edit, or remove any user content that violates these Terms or is otherwise objectionable. We are not responsible for user-generated content.

10. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the website for any unlawful purpose or in violation of these Terms
  • Attempting to gain unauthorized access to our systems or networks
  • Engaging in any activity that disrupts or interferes with the website
  • Using any automated system to access the website (except with our permission)
  • Collecting or harvesting any personally identifiable information from the website
  • Selling, transferring, or assigning your account or user rights
  • Impersonating any person or entity or falsely stating your affiliation with any person or entity
  • Engaging in any fraudulent activity, including using invalid payment methods
  • Reverse engineering, decompiling, or disassembling any part of the website
  • Transmitting spam, chain letters, or other unsolicited communications

11. Disclaimers

Please read these disclaimers carefully as they limit our liability.

THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, NDKUS disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • The website will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The website or servers are free of viruses or harmful components
  • The results of using the website will meet your requirements
  • Product quality, accuracy of descriptions, or any other aspect will meet your expectations

12. Limitation of Liability

Our liability is limited as follows:

TO THE FULLEST EXTENT PERMITTED BY LAW, NDKUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to NDKUS in the twelve (12) months prior to the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless NDKUS, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

14. Governing Law and Dispute Resolution

These Terms and your use of the website are governed by applicable laws.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

14.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the website:

  • You agree to first contact us to seek an informal resolution
  • If the dispute cannot be resolved informally, you agree to submit to binding arbitration
  • Any arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association
  • The arbitration will take place in New York, NY, or another mutually agreed location

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be notified by posting the new Terms on this page with an updated "Last Updated" date. Your continued use of the website following the posting of changes constitutes acceptance of those changes. We encourage you to review these Terms periodically.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17.2 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the website, constitute the entire agreement between you and NDKUS concerning your use of the website.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

UAB "Everna"

Company code: 303436408

Vilkpėdės g. 15

Vilnius, LT-03151

Lithuania

Email: [email protected]

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Questions About These Terms?

Our legal team is available to answer any questions about our Terms of Service.