Terms of Service
1. About Us
1.1Company details. Nookmart LLC (we and us), is a company registered in Idaho and our registered office is at 103 West Crestline Drive, Boise, ID 83702.
1.2Site. https://nookmart.com (Site) is a site operated by us.
1.3Contacting us. To contact us email [email protected]
2. Acceptance of Terms of Service
2.1By using our Site, you confirm that you accept these terms and that you agree to comply with them.
2.2If you do not agree to these terms, you must not use our site.
2.3We recommend that you print a copy of these terms for future reference.
3. Acceptance of Additional Terms
3.2Our contract. These terms and conditions (Terms) apply to the order by you and supply of delivery by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
3.3Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.4Language. These Terms and the Contract are made only in the English language.
3.5Your copy. You should print a copy of these Terms or save them to your computer for future reference.
4. Placing an Order and Order Acceptance
4.1Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the delivery specified in the order (Delivery) subject to these Terms.
4.2Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3Accepting your order. Our acceptance of your order takes place when we send an email confirming your order, at which point the Contract between you and us will come into existence. The Contract between you and us will only be formed when we send you the confirmation email. We reserve the right to deny orders and payments deemed suspicious. All sales are final.
5. Sign Up
You may sign up with us to a registered account and this will allow you to track your Orders and history.
6. Return and Refund
You are only entitled to a refund if our Delivery was not accurate. This refund will be processed through the payment method used in the original purchase.
7. Our Liability
7.1The Site and services are provided to you on an "as-is" basis. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose and noninfringement.
7.2Subject to clause 13.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.3Subject to clause 13.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Delivery.
7.4Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Delivery. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the the Delivery is suitable for your purposes.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
9. Revisions and Errata
We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
10. Site Suspension and Withdrawal
11. Site Links
We are not responsible for websites we link to. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
12. Site Errors and Viruses
We do not guarantee that our Site will be secure or free from errors, bugs or viruses and we exclude all liability in relation to these matters. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
13.1Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
13.2Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
13.3Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.4Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
13.6Governing law and jurisdiction. This Contract is governed by Idaho law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Idaho courts.