Terms Of Service

LAST UPDATED: OCTOBER 2024

Nikolaus provides this website to you subject to the following terms of use (“Terms”). Please read these terms carefully before using the Nikolaus website (“Site”) as they create a legally binding agreement between you and Nikolaus in relation to your use of the Site.

If you purchase products on the Site or participate in any or all of the Loyalty Programs, you agree that we may provide you with notices regarding Nikolaus or this Site electronically. mail, including notification to any email address you may provide. “Site” includes and these Terms apply to the Site, Nikolaus.store itself and any other websites, interactive features, applications, widgets, blogs, social networks, social media “tabs” association or other online or wireless services that link to these Terms, whether accessed via computer, mobile device or other technology, mode or means.

Our terms are subject to change. Nikolaus may update these Terms from time to time. If there are significant changes, we will post a notice on the Site or send you a notification. Read any changes carefully and if you do not agree with them, please stop using the Site. If you continue to use the Site after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.

1. REGISTRATION RULES

You must register on the Site to use certain Site functions or to participate in the Loyalty Program. During the registration process, you will be asked to provide contact information including email address, username and password.

  • You may choose any username, except that your username must not intentionally impersonate another person or be offensive in any way. Nikolaus reserves the right to refuse or remove usernames. You agree to share your username with others.
  • When registering, you agree to provide accurate and current registration information.
  • Do not register for more than one account, register an account on behalf of someone else, or transfer your account.
  • Immediately notify Nikolaus of any unauthorized use of your account. You are responsible for any activity related to your account – with or without your permission. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIKO LAUS IS NOT RESPONSIBLE FOR ANY LOSS OR ACTION ARISING FROM UNAUTHORIZED USE OF YOUR ACCOUNT.

2. USER’S AGE

Children under 18 years of age may not use this Site and parents may not agree to these Terms on behalf of children. If Nikolaus becomes aware that a child under 18 years of age has provided or attempted to provide us with personal information, we will use our best efforts to permanently delete this information from our records.

3. USE OF THE SITE

You may use this Site only for personal, non-commercial purposes. You represent and warrant that you will not download (other than page caching) or modify the Site or any portion of it, except with our express written consent. You agree that you will not use this Site or its content for resale or commercial use without Brahmin’s express written consent. You agree that you will not: (i) copy, reproduce, create derivative works, distribute copies, perform or display the content of the Site, including trademarks, logos, listings products, descriptions, prices, photos, images or video content; (ii) download or copy account information that is not your own; (iii) use data mining, robots or similar data gathering and extraction tools; or (iv) frame or utilize framing techniques to enclose any content of the Site including trademarks, logos, product listings, descriptions, prices, photographs, images or content video. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates your rights to use this Website and its features, and Brahmin reserves the right to terminate your access to this Website at any time.

4. CUSTOMER CONTENT AND IDENTIFICATION

Visitors may submit reviews, suggestions, ideas, comments, questions, photos, images, videos or other information (“Customer Content”), provided that the Customer Content is not that is legal, obscene, threatening, defamatory, invasive of the privacy or rights of others, infringing of intellectual property rights, objectionable or injurious to third parties. We reserve the right to monitor Customer Content, as we deem appropriate, and to remove any material that, in our sole discretion, may be unlawful, which may subject us to liability, may violate these Terms or, in our sole discretion, is inconsistent with our purposes for the Site.

You represent and warrant that:

-You are responsible for the Content you submit and your Content does not violate these Terms or the Terms of Use of any Loyalty Program;

-The Content you submit does not infringe any third party’s copyright, patent, trademark, trade secret, other proprietary right, or right of publicity or privacy;

-The Content does not consist of or contain software viruses, political campaigns, commercial solicitations, chain letters, mass mailings or any form of “spam”, or any communications references to third party websites, addresses, email addresses, contact information, phone numbers or Personal Information (as defined in the Privacy Policy);

-The Content does not violate any law, statute, ordinance or regulation, including but not limited to those laws and regulations governing export control, consumer protection, unfair competition , against discrimination or false advertising; and

-Your Content is accurate and is not, or shall not be deemed to be, misleading, inaccurate, false, defamatory, libelous, hateful, biased or racially or religiously offensive educate, unlawfully threaten or unlawfully harass any person, partnership or corporation, or reasonably cause harm or injury to any person or entity.

Nikolaus has the right, but not the obligation, to monitor, edit or remove any Customer Content. Nikolaus takes no responsibility and assumes no liability for any Customer Content posted by you or any third party.

5. PRODUCT DESCRIPTION

We try to be as accurate as possible. However, Nikolaus does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product is not as described, your sole remedy is to return the product in unused condition.

6. DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVAILABLE”, UNLESS SPECIFIED OTHERWISE IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE PROVIDED ON ISSUED TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE SPECIFICALLY. WE DO NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; NIKO LAUS OR THIRD PARTY SERVERS; OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF NOTICED IN WRITING OF THE THE POSSIBILITY OF SUCH DAMAGES.

In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permitted under applicable law, Nikolaus disclaims and shall not be liable for: (i) the possibility or inability to upload or download any Customer Content to the Site; (ii) technical problems or malfunctions affecting the Site or viewing of Customer Content; (iii) Customer Content or data transmissions are lost, corrupted, illegible, distorted, jumbled, garbled, delayed or intercepted or not received; (iv) unauthorized tampering, tampering, hacking activity or viruses, bugs, worms or illegal code; or (v) any condition beyond Nikolaus control.

7. MODIFICATION, SEPARATION & ASSIGNMENT

Nikolaus may change or discontinue the Site; the content, services, functions or features of the Site; and these Terms, Privacy Policy or Terms for any Loyalty Program at any time without notice.

Nikolaus may assign the Terms or delegate any of its rights or obligations, or any part thereof, to any third party, including that party’s successor in interest, without your written consent. You may not assign all or part of your obligations under these Terms. These Terms will be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, successors and assigns.

8. CONTACT US

We welcome any of your comments or questions. Please contact us via email at:

E-mail: [email protected]

Address: 1324 W Ritner St, Philadelphia, PA 19148, USA

Working hour: 8:00 AM – 6:00 PM (EST) | Monday – Friday