1. Introduction & Overview
These Terms and Conditions (“Terms”) govern access to and use of the Website operated by NiKENNY LLC, a United States limited liability company (“NiKENNY,” “we,” “us,” or “our”), including any associated online store, digital content, and services made available through the Website (collectively, the “Website”).
NiKENNY designs, markets, and sells ergonomically designed makeup tools, including cosmetic brushes and related Product (the “Products”). The Website is intended for use by consumers purchasing Product for personal use, subject to the conditions set out herein.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”), and NiKENNY. By accessing, browsing, or using the Website, placing an order, or otherwise engaging with NiKENNY through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any policies expressly incorporated by reference.
If you do not agree to these Terms, you must not access or use the Website or purchase any Product.
2. Acceptance of Terms
2.1 Binding Effect.
Your access to and use of the Website constitutes your acceptance of these Terms under applicable laws.
2.2 Scope of Acceptance.
These Terms apply to all Users of the Website, including, without limitation, visitors, customers, purchasers, and any individual who submits information, feedback, or content through the Website.
2.3 Supplemental Policies.
These Terms incorporate by reference, and must be read together with NiKENNY’s Privacy Policy, Cookie Policy, Refund Policy, and any other policies or notices published on the Website from time to time (collectively, the “Policies”). In the event of a conflict, these Terms shall prevail unless expressly stated otherwise.
2.4 Updates and Modifications.
NiKENNY reserves the right to amend or update these Terms at any time in its sole discretion. Updated Terms will be effective as of the “Last Updated” date displayed on the Website. Continued use of the Website following such changes constitutes acceptance of the revised Terms.
3. Definitions & Interpretation
3.1 Defined Terms.
Capitalized Terms used in these Terms shall have the meanings set out below or as otherwise defined in context:
- “Products” means all makeup brushes and related cosmetic tools offered for sale by NiKENNY.
- “Order” means a request submitted by a User to purchase Product through the Website.
- “User” means any individual or entity accessing or using the Website.
- “Website” means www.nikennytm.com and any successor or affiliated domain operated by NiKENNY.
- “Policies” has the meaning set out in Section 2.3.
3.2 Interpretation Rules.
Unless the context otherwise requires:
(a) Words in the singular include the plural and vice versa;
(b) References to “including” mean “including without limitation”;
(c) Headings are for convenience only and do not affect interpretation; and
(d) References to statutes include any amendments or replacements thereof.
4. About NiKENNY
NiKENNY LLC is a U.S.-based brand focused on the creation of ergonomically designed makeup tools intended to simplify makeup application and enhance user experience. All Products offered on the Website are designed and curated by NiKENNY and are sold directly to consumers unless expressly stated otherwise.
Nothing on the Website shall be construed as creating a partnership, joint venture, agency, or fiduciary relationship between you and NiKENNY. NiKENNY operates solely as an independent seller of Product.
NiKENNY makes no representations that the Product or Website are appropriate or available for use in all jurisdictions. Accessing the Website from locations where its use is unlawful is prohibited.
5. Eligibility & User Representations
5.1 Eligibility.
By using the Website, you represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract.
5.2 Accuracy of Information.
You agree to provide accurate, current, and complete information when placing an Order or otherwise interacting with the Website, and to promptly update such information as necessary.
5.3 Lawful Use.
You represent and warrant that your use of the Website and purchase of Product will comply with all applicable laws, regulations, and these Terms.
NiKENNY reserves the right to refuse access to the Website, reject Orders, or terminate relationships with Users who violate these representations or misuse the Website.
6. Account Creation & Security (If Applicable)
6.1 Optional Accounts.
Certain features of the Website may allow or require the creation of a user account. Account registration is not a guarantee of continued access or purchasing privileges.
6.2 Account Responsibility.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account, whether authorized or unauthorized.
6.3 Unauthorized Access.
You agree to notify NiKENNY immediately of any suspected unauthorized use of your account or breach of security. NiKENNY shall not be liable for any loss or damage arising from your failure to safeguard account credentials.
6.4 Suspension or Termination.
NiKENNY reserves the right, in its sole discretion, to suspend or terminate any account at any time, with or without notice, where it reasonably believes misuse, fraud, or violation of these Terms has occurred.
7. Products & Product Information
7.1 Product Descriptions.
NiKENNY makes reasonable efforts to ensure that Product descriptions, images, and specifications displayed on the Website are accurate. However, Products may vary slightly from the images due to manufacturing processes, lighting conditions, or differences in screen display.
7.2 No Performance Guarantees.
NiKENNY does not guarantee specific cosmetic results, performance outcomes, or user satisfaction arising from use of the Products. Results may vary based on individual technique, skin type, and personal preferences.
7.3 Non-Medical Use.
Products are cosmetic tools only and are not intended to diagnose, treat, cure, or prevent any medical or dermatological condition.
7.4 Availability.
All Product are offered subject to availability. NiKENNY reserves the right to discontinue or modify Product at any time without prior notice.
7.5 Allergy, Sensitivity & Product Use Disclaimer.
NiKENNY’s Product are cosmetic tools designed for external use only. While Product are not intended to contain cosmetic formulas or active ingredients, they may come into direct contact with skin during normal use. Individual skin types, sensitivities, and reactions vary, and NiKENNY does not guarantee that use of the Product will be free from irritation, allergic reaction, or other sensitivity.
You are solely responsible for determining whether the Product are suitable for your personal use. NiKENNY recommends exercising caution and discontinuing use immediately if irritation, discomfort, or an adverse reaction occurs.
The Product are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical or dermatological condition. No information provided by NiKENNY, whether on the Website, packaging, or otherwise, constitutes medical or professional advice.
8. Pricing & Taxes
8.1 Pricing Display.
All prices for Product are displayed on the Website in U.S. Dollars unless otherwise stated. Prices are subject to change at any time without notice and do not constitute a binding offer until an order is accepted by NiKENNY.
8.2 Taxes.
Prices displayed on the Website do not include applicable sales tax, value-added tax (VAT), customs duties, or similar governmental charges unless expressly stated. You are responsible for all applicable taxes associated with your purchase, which will be calculated and added at checkout where required by law.
8.3 Pricing Errors.
In the event of a pricing or typographical error, NiKENNY reserves the right to correct such error and to cancel or refuse any order placed at an incorrect price, even if payment has been processed. In such cases, any payment received will be refunded in accordance with section 14.
9. Orders & Order Acceptance
9.1 Invitation to Treat.
All Product listings on the Website constitute an invitation to submit an order and do not represent a binding offer by NiKENNY.
9.2 Order Submission.
By submitting an order, you make an offer to purchase Product subject to these Terms. All orders are subject to acceptance by NiKENNY.
9.3 Order Acceptance.
An order is deemed accepted only when NiKENNY confirms acceptance through an order confirmation email or dispatch notification. NiKENNY reserves the right to reject or cancel any order in its sole discretion, including for reasons such as stock unavailability, suspected fraud, pricing errors, or violation of these Terms.
9.4 Order Limits.
NiKENNY may impose limits on quantities purchased per order, per account, or per household, without prior notice.
10. Payment Terms
10.1 Advance Online Payment Only.
All orders must be paid for in full at the time of purchase through the Website. NiKENNY does not offer cash on delivery, installment payments, or deferred payment arrangements unless expressly stated.
10.2 Accepted Payment Methods.
NiKENNY accepts payment methods made available through the Website at checkout. Availability of payment methods may vary by location and is subject to change.
10.3 Authorization.
By submitting payment information, you authorize NiKENNY (and its third-party payment processors) to charge the applicable payment method for the total order amount, including shipping, taxes, and any other applicable charges.
10.4 Chargebacks & Disputes.
Initiating a chargeback or payment dispute without first contacting NiKENNY to seek resolution may be treated as a breach of these Terms. NiKENNY reserves the right to suspend future purchasing privileges where excessive or abusive chargebacks occur.
11. Shipping, Delivery & Risk of Loss
11.1 Paid Shipping.
Shipping costs are not included in Product prices and will be calculated and displayed at checkout. NiKENNY does not offer free shipping unless expressly stated in writing.
11.2 Delivery Estimates.
Any delivery dates or timeframes provided are estimates only and are not guaranteed. Delays may occur due to factors beyond NiKENNY’s control, including carrier delays, customs processing, or weather conditions.
11.3 Risk of Loss.
Risk of loss and title to Product pass to you upon NiKENNY’s delivery of the Product to the shipping carrier. NiKENNY is not responsible for delays, loss, or damage occurring after the Products have been handed over to the carrier, subject to Section 16.
11.4 Incorrect Shipping Information.
You are responsible for providing accurate and complete shipping information. NiKENNY shall not be liable for non-delivery or misdelivery resulting from incorrect or incomplete address details provided by you.
12. Customs, Duties & International Orders
12.1 International Availability.
NiKENNY may offer international shipping to select destinations. Availability is subject to change and may be restricted by local laws or carrier limitations.
12.2 Customs & Duties.
International Orders may be subject to customs duties, import taxes, brokerage fees, or other charges imposed by the destination country. All such charges are your sole responsibility.
12.3 Customs Delays.
NiKENNY has no control over customs processing times and shall not be responsible for delays, refusals, or seizures by customs authorities.
13. Cancellations
13.1 Cancellation Window.
You may request cancellation of an Order within twenty-four (24) hours of purchase, provided that the Order has not already entered fulfillment or shipment.
13.2 How to Request Cancellation.
Cancellation requests must be submitted in writing through the contact method specified on the Website and must include sufficient information to identify the Order.
13.3 Exclusions.
Once an Order has been processed for fulfillment or shipped, it may no longer be eligible for cancellation and will instead be subject to the Refund and Return provisions set out in Sections 14 and 15.
13.4 Discretion.
Approval of any cancellation request is subject to NiKENNY’s reasonable discretion.
14. Refund Policy
14.1 Refund Requests.
Refund requests must be submitted within seven (7) days of delivery, in accordance with
14.2 Policy Governance.
The Terms, conditions, eligibility requirements, exclusions, and procedures governing refunds are set out in the standalone Refund Policy, which is incorporated into these Terms by reference.
14.3 No Automatic Entitlement.
Submission of a refund request does not guarantee approval. NiKENNY reserves the right to approve or deny refund requests based on Product condition, compliance with these Terms, and applicable law.
14.4 Refund Method.
Approved refunds will be issued to the original payment method used for the order unless otherwise required by law.
15. Returns & Exchanges
15.1 Return Window (United States).
Subject to the conditions set out in these Terms and the Refund Policy, eligible Product purchased by customers within the United States may be returned within fourteen (14) days of delivery.
15.2 Condition of Returned Products.
To be eligible for return or exchange, Product must be unused, unopened, and in their original condition, with all original components intact. Due to the hygiene-sensitive nature of cosmetic tools, Product that have been used, altered, or show signs of wear are not eligible for return.
15.3 Return Authorization.
All returns require prior authorization from NiKENNY. Unauthorized returns may be refused and returned to the sender at the sender’s expense.
15.4 Return Shipping.
Unless otherwise required by applicable law or expressly approved by NiKENNY in writing, customers are responsible for all return shipping costs. Shipping fees paid at the time of purchase are non-refundable.
15.5 Exchanges.
Exchanges, if offered, are subject to Product availability and NiKENNY’s discretion. NiKENNY does not guarantee like-for-like replacements.
16. Damaged, Defective & Incorrect Products
16.1 Shipping Carrier Disclaimer.
NiKENNY packages Product with reasonable care prior to dispatch. However, NiKENNY is not responsible for any damage caused by the shipping carrier after the Product have been transferred to the carrier, except where required by applicable law.
16.2 Incorrect Products.
If you receive a Product that is materially different from what was ordered, you must notify NiKENNY within the applicable return or refund window and provide reasonable supporting information, including photographs.
16.3 Internal Product Damage.
Where the internal Product itself is broken, defective, or materially damaged upon delivery, NiKENNY will assess the matter on a case-by-case basis. Any remedy offered, including replacement, partial refund, or store credit, shall be determined in NiKENNY’s sole discretion.
16.4 Evidence Requirement.
NiKENNY may require clear photographic or other evidence to evaluate damage or defect claims. Failure to provide requested evidence may result in denial of the claim.
17. Packaging Damage Exclusion
17.1 No Returns for Packaging Damage Alone.
Damage to external packaging, boxes, or cosmetic wrapping that does not affect the integrity or functionality of the Product itself does not constitute grounds for a return, refund, or exchange.
17.2 Product Integrity Standard.
For avoidance of doubt, cosmetic or aesthetic damage to packaging, including dents, tears, or scuffing incurred during transit, shall not be treated as Product damage where the Product remains intact and usable.
18. Promotions, Preorders & Limited Releases
18.1 Promotional Offers.
NiKENNY may offer promotions, discounts, or special pricing from time to time. Such offers are subject to additional Terms and may be modified or withdrawn at any time without notice.
18.2 Preorders.
Preorder Product are subject to estimated fulfillment timelines only. NiKENNY does not guarantee shipment dates for preorders and shall not be liable for delays beyond reasonable control.
18.3 Limited Quantities.
Products released in limited quantities may sell out quickly. Placement of an Order does not guarantee allocation until the Order is accepted and confirmed by NiKENNY.
19. Intellectual Property Rights
19.1 Ownership.
All intellectual property rights in and to the Website, Product, brand names, logos, designs, text, images, graphics, and other content (collectively, “NiKENNY IP”) are owned by or licensed to NiKENNY and are protected by U.S. and international intellectual property laws.
19.2 No License Granted.
Nothing in these Terms grants you any license or right to use NiKENNY IP except for personal, non-commercial use of the Website in accordance with these Terms.
19.3 Enforcement.
Unauthorized use, reproduction, distribution, or exploitation of NiKENNY IP may result in civil or criminal liability to the fullest extent permitted by law.
20. User Content & Feedback
20.1 Submissions.
If you submit reviews, comments, feedback, suggestions, or other content to NiKENNY (“User Content”), you represent that such content is accurate, lawful, and does not infringe third-party rights.
20.2 License to Use.
By submitting User Content, you grant NiKENNY a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, publish, and display such content for any lawful business purpose.
20.3 No Confidentiality.
User Content shall not be treated as confidential, and NiKENNY shall have no obligation to compensate you for its use.
21. Prohibited Uses
You agree not to use the Website or Product to:
(a) Violate any applicable law or regulation;
(b) Engage in fraudulent, misleading, or deceptive conduct;
(c) Resell or commercially exploit Product without NiKENNY’s prior written consent;
(d) Interfere with the Website’s operation, security, or integrity;
(e) Scrape, harvest, or collect data from the Website without authorization; or
(f) Use the Website in any manner that harms or could reasonably harm NiKENNY’s reputation or business interests.
NiKENNY reserves the right to restrict or terminate access to the Website for violations of this Section.
22. Disclaimer of Warranties
22.1 As-Is / As-Available.
The Website, Products, and all content made available by NiKENNY are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.
22.2 No Implied Warranties.
To the maximum extent permitted by applicable law, NiKENNY expressly disclaims all implied warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, durability, or satisfactory quality.
22.3 No Guarantees.
NiKENNY does not warrant that:
(a) The Website will be uninterrupted, error-free, or secure;
(b) Defects will be corrected; or
(c) Products will meet individual expectations, preferences, or specific cosmetic outcomes.
22.4 Jurisdictional Limitations.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the above disclaimers shall apply to the fullest extent allowed by law.
22.5 No Liability for Reactions or Health Outcomes.
To the fullest extent permitted by applicable law, NiKENNY shall not be liable for any skin reaction, allergic response, irritation, sensitivity, or other physical condition arising from or related to the use or misuse of the Products.
You acknowledge and agree that any use of the Products involves inherent personal risk and that NiKENNY has no control over individual reactions, skin conditions, hygiene practices, or application methods. Any adverse reaction shall not constitute a defect in the Product for purposes of refunds, returns, or liability.
23. Limitation of Liability
23.1 Exclusion of Damages.
To the maximum extent permitted by law, NiKENNY shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or relating to the Website, Products, or these Terms.
23.2 Liability Cap.
To the extent that liability cannot be excluded, NiKENNY’s total aggregate liability for any claim arising out of or relating to these Terms, the Website, or the Products shall not exceed the total amount paid by you to NiKENNY for the specific Order giving rise to the claim.
23.3 Risk Allocation.
You acknowledge that the pricing of Products and allocation of risk under these Terms reflect a fair allocation of risk between you and NiKENNY, and that NiKENNY would not be able to offer Products on the same basis without these limitations.
23.4 Consumer Rights.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable consumer protection laws.
24. Indemnification
You agree to indemnify, defend, and hold harmless NiKENNY, its affiliates, officers, members, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use or misuse of the Website or Products;
(b) your breach of these Terms or any incorporated Policies;
(c) your violation of any applicable law or regulation; or
(d) your infringement of any intellectual property or other rights of any third party.
This indemnification obligation shall survive termination of these Terms and your use of the Website.
25. Governing Law, Disputes & Miscellaneous
25.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to them, the Website, or the Products shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles.
25.2 Venue & Jurisdiction
Unless otherwise required by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms, the Website, or the Products shall be brought exclusively in the state or federal courts located within the State of New Jersey, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts.
25.2 Venue & Jurisdiction
Unless otherwise required by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms, the Website, or the Products shall be brought exclusively in the state or federal courts located within the State of New Jersey, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts.
25.3 Severability.
If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
25.4 Assignment.
You may not assign or transfer these Terms without NiKENNY’s prior written consent. NiKENNY may assign these Terms freely in connection with a merger, sale of assets, or similar transaction.
25.5 No Waiver.
Failure by NiKENNY to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25.6 Entire Agreement.
These Terms, together with the Policies, constitute the entire agreement between you and NiKENNY regarding the subject matter hereof and supersede all prior or contemporaneous agreements or understandings. 25.7 Contact Information.