Terms and Conditions for For Neighbors By Shop Namira Inc.
I. Introduction to Terms and Conditions
Purpose and Legal Significance of Terms and Conditions for E-commerce
A Terms and Conditions (T&C) agreement, also referred to as Terms of Use or Terms of Service, serves as a foundational legal document for any online shop. It establishes a legally binding contract between the business, in this case, "For Neighbors By Shop Namira Inc.," and its customers. This agreement outlines the rules, guidelines, and expectations that users must adhere to when interacting with the online store and making purchases.
The importance of a comprehensive T&C document extends beyond mere compliance. While it is not always a legal requirement in the same way a Privacy Policy might be, such an agreement is highly advisable and offers substantial protective benefits for the business. It functions as a critical mechanism for proactive risk mitigation. By clearly defining the parameters of engagement, the T&C helps to limit the company's liability, particularly concerning potential damages customers might incur from transactions. It empowers the business to set clear rules for user conduct, safeguard its intellectual property, and establish mechanisms for dispute resolution, thereby minimizing potential conflicts and fostering transparency between the business and its consumers. In the event of a legal dispute, a meticulously drafted and properly presented T&C can serve as a robust defense in a court of law, providing a clear reference point for the agreed-upon terms. This strategic utility means that for an online shop, the T&C is not merely a formality but a vital business tool, designed to prevent costly legal challenges and protect the company's operational stability.
Scope of this Agreement and Parties Involved
This agreement governs the use of the online shop operated by For Neighbors By Shop Namira Inc., located at 185 Church Street, NY 10007, New York, USA. Throughout this document, "The Company," "We," "Us," or "Our" refers to For Neighbors By Shop Namira Inc. The terms "You" or "Your" refer to the user, customer, or any individual accessing or using the online shop and its services. The "Service" encompasses all aspects of the online shop, including its website, mobile applications (if any), products offered for sale, and associated services. This agreement applies to all visitors, users, and others who access or use the Service.
Acceptance of Terms
By accessing or using the Service, placing an order, or creating an account, users explicitly acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions. The enforceability of these terms is significantly bolstered by the method through which user consent is obtained. To ensure legal defensibility, "For Neighbors By Shop Namira Inc." implements a "clickwrap" agreement method. This requires users to actively demonstrate their agreement, typically by ticking a checkbox or clicking a button explicitly stating "I Agree" or "I Accept" before completing a purchase or creating an account. This proactive measure provides clear evidence of consent, strengthening the legal standing of every clause within this agreement. In contrast, merely assuming agreement by a user browsing the website ("browsewrap") offers significantly less legal protection. The placement of such consent mechanisms, particularly at checkout pages or account creation pages, is crucial to demonstrate that users had reasonable notice of and actively assented to these terms.
II. General Business Operations
Product Information, Descriptions, and Availability
For Neighbors By Shop Namira Inc. strives to provide accurate and comprehensive information regarding the products available through its online shop. Product descriptions, images, specifications, and pricing are presented for informational purposes to assist customers in making informed purchasing decisions. While considerable effort is made to ensure the accuracy and completeness of this information, the Company does not warrant that all product descriptions, photographs, pricing, or other content on the website are entirely accurate, complete, reliable, current, or error-free. Products are subject to availability, and the display of an item on the website does not guarantee its immediate availability.
Pricing, Promotions, and Order Acceptance
All prices for products displayed on the website are quoted in United States Dollars (USD) and are subject to change without prior notice. The Company reserves the right to modify prices at any time. Similarly, any promotions, discounts, or sales offered are subject to specific terms and conditions and may be suspended or terminated early without prior notice at the Company's sole discretion.
The placement of an order by a user constitutes an offer to purchase the products listed in the order. All orders are subject to acceptance by For Neighbors By Shop Namira Inc. The Company reserves the right, in its sole discretion, to refuse or cancel any order for any reason, including but not limited to: product unavailability, errors in pricing or product description, suspicion of fraudulent activity, or if the order appears to be placed by resellers or distributors. In such cases, if payment has already been processed, the Company will issue a refund for the cancelled order. This control over pricing and order fulfillment is essential for preventing financial losses from errors or malicious activities, thereby protecting the business's operational integrity.
Accuracy of Information and Right to Modify
For Neighbors By Shop Namira Inc. endeavors to maintain the accuracy and currency of all information presented on its website, including product details, pricing, and shipping estimates. However, the Company does not guarantee that all information is always accurate, complete, or current. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after an order has been submitted. This provision acts as a general disclaimer, protecting the business from liability for unintended errors or omissions that may occur on the website and allowing flexibility to manage and update content as needed.
III. Payment Terms and Methods
Overview of Accepted Payment Options
For Neighbors By Shop Namira Inc. offers various convenient payment methods to facilitate customer purchases. These options are designed to accommodate different preferences while ensuring secure and efficient transactions. The available payment methods include online payment via credit or debit card, payment on delivery via a Point of Sale (POS) machine for credit card transactions, and cash payment upon delivery. Clear communication regarding these options is provided to manage customer expectations and minimize confusion during the purchasing process.
Online Payments (Credit/Debit Cards, Digital Wallets)
For online purchases, customers can securely pay using major credit or debit cards. By selecting this option, users authorize For Neighbors By Shop Namira Inc. to charge their chosen payment method for the total order amount, including product costs, shipping fees, and applicable taxes. Customers are responsible for ensuring that the payment information provided is true, accurate, current, and complete, and that they have the legal right to use the credit or debit card(s) or other payment method(s) in connection with their order. The Company utilizes PCI DSS compliant payment processors to ensure the security and protection of customer financial data during online transactions.
Payment on Delivery via POS Machine (Credit/Debit Card Processing)
For orders eligible for delivery, customers have the option to pay using their credit or debit card at the time of delivery through a portable Point of Sale (POS) machine carried by the delivery personnel. The card will be processed and charged upon successful delivery of the goods. This method offers the convenience of deferred payment until the product is received. In the event of a failed payment attempt at delivery, the Company reserves the right to cancel the order or take further action as outlined in the failed transactions policy.
Cash Payment on Delivery (Exact Amount Policy, No Change Provided)
For customers opting for cash payment on delivery, it is a strict requirement that the customer must have the exact order amount ready at the time of delivery. Delivery personnel are explicitly instructed not to carry change and therefore cannot provide it. Checks are also not accepted as a form of payment for cash on delivery orders. This policy is crucial for maintaining operational efficiency and mitigating risks associated with cash handling for delivery personnel. By clearly stating this requirement, the business reduces the likelihood of delivery refusals due to a lack of exact change, streamlines the delivery process, and enhances the safety of its staff. This specific detail in the terms directly translates into improved logistical flow and reduced financial exposure for the Company.
Payment Security and Failed Transactions
For Neighbors By Shop Namira Inc. prioritizes the security of customer financial data. While the Company adheres to industry best practices and uses PCI DSS compliant payment processors for online transactions , it is important for customers to maintain the confidentiality of their login and payment method information.
In the event of a failed payment, whether due to insufficient funds, an expired card, or other issues, the Company reserves the right to take appropriate action. This may include, but is not limited to, the cancellation of the order, suspension of the user's account, or the inability to complete future purchases until the outstanding payment is resolved. Clear payment terms and a robust approach to handling failed transactions are fundamental to maintaining predictable cash flow and ensuring the smooth operation of the business. Unclear terms or inadequate procedures for non-payment can lead to financial instability, increased administrative burden, and potential legal disputes that divert valuable resources. Therefore, this section is a cornerstone of the Company's financial health, meticulously drafted to ensure prompt payment, minimize collection issues, and provide clear recourse for non-payment, directly impacting the shop's ability to operate smoothly and profitably.
A summary of accepted payment methods and their conditions is provided below for clarity:
Payment MethodConditions/NotesRefund Method (for COD)Online Payment (Credit/Debit Card, Digital Wallets)Requires valid card/account; processed at checkout; PCI DSS compliant.N/APayment on Delivery (Credit/Debit Card via POS)Card processed at delivery; subject to network availability.N/ACash on DeliveryExact amount required; no change provided; checks not accepted.Refunds are issued via bank transfer only.
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IV. Shipping and Delivery Policy
Shipping Costs, Methods, and Timelines (FTC Prompt Delivery Compliance)
For Neighbors By Shop Namira Inc. is committed to transparent shipping practices. Shipping options, associated costs, and estimated delivery timescales are clearly communicated to customers during the checkout process. In compliance with Federal Trade Commission (FTC) Prompt Delivery rules, the Company will clearly state its shipping period, ensuring that products are shipped within 30 days of purchase, unless otherwise explicitly stated at the time of order. This adherence to FTC guidelines is mandatory and ensures that customers receive their orders within a reasonable timeframe, managing expectations and reducing inquiries about order status. While the Company provides estimated delivery times, it is important to note that once an order is dispatched and transferred to the designated courier, the precise delivery timeline may be beyond the Company's direct control.
Delivery Restrictions and Risk of Loss
The Company may have certain geographical restrictions on delivery, and some items may not be deliverable to specific locations due to size, nature, or legal restrictions. Any such limitations will be clearly communicated on the product page or during the checkout process.
The risk of loss or damage to items purchased from For Neighbors By Shop Namira Inc. transfers to the customer upon the Company's delivery of the items to the carrier. For deliveries made directly by the Company's personnel, the risk of loss or damage transfers to the customer upon successful completion of delivery at the designated address. This provision protects the business from liability for lost or damaged goods once they are no longer within its direct physical control.
International Shipping Considerations
While For Neighbors By Shop Namira Inc. currently focuses on domestic deliveries, should the Company expand to offer international shipping in the future, additional considerations will apply. International shipping is typically more costly, involves longer transit times, and may require specific forms and documentation. Customers will be responsible for any additional tariffs, customs duties, taxes, or other fees imposed by the destination country's customs authorities. This proactive disclosure is essential for preventing customer dissatisfaction and disputes arising from unexpected charges upon delivery. By clearly stating that these additional costs are the customer's responsibility, the business shifts the financial burden and legal accountability, thereby acting as a legal and reputational shield against potential chargebacks or negative feedback. Even if international shipping is not immediately offered, including this forward-looking clause prepares the business for future expansion and reinforces the principle that clear communication in the terms and conditions prevents costly customer service issues and legal challenges.
V. Returns, Refunds, and Exchanges Policy
"No Returns After Successful Delivery" Policy Statement
For Neighbors By Shop Namira Inc. operates under a strict "No Returns After Successful Delivery" policy. All sales are considered final once delivery is successfully completed. "Successful delivery" is defined as the point at which the product is delivered to the shipping address provided by the customer, as confirmed by carrier tracking information or by direct receipt by the customer or an authorized person at the delivery location. After this point, the Company does not offer refunds, returns, or exchanges for any products or services sold. This policy is legally permissible in New York, provided it is conspicuously posted and clearly communicated to the customer before purchase. This approach aids in predicting revenue and minimizing instances of return fraud, contributing to the financial stability of the business.
Mandatory Exceptions (e.g., Defective, Damaged, or Incorrect Items)
Notwithstanding the "No Returns After Successful Delivery" policy, For Neighbors By Shop Namira Inc. is committed to customer satisfaction and will address legitimate issues in accordance with applicable consumer protection laws. The following specific and limited exceptions apply where a return, refund, or exchange may be considered:
Defective or Damaged Items: If an item is received in a defective or damaged condition, the customer must report this issue to the Company's Customer Service within five (5) days of receiving the item. Photographic evidence of the defect or damage, along with the order number, will be required. In such cases, a replacement may be provided, or a refund considered, at the Company's sole discretion.
Wrong Item Sent: If a customer receives an item that is different from what was ordered, they must notify Customer Service within five (5) days of delivery. The Company will arrange for the correct item to be sent or offer a refund upon verification.
Legal Requirements: For Neighbors By Shop Namira Inc. will honor any conditions or circumstances where it is legally required to offer a refund, replacement, or repair, regardless of its stated policy. This includes instances where a product is found to be faulty, misrepresented, or does not meet advertised criteria as per consumer protection regulations.
This approach acknowledges that while the business desires a rigid "no returns" stance, legal compliance and maintaining customer trust necessitate a degree of flexibility for legitimate issues. Failing to include these mandatory exceptions could lead to the entire policy being challenged as unfair or illegal, and could significantly damage the business's reputation. This strategic nuance protects the business from both legal non-compliance and negative consumer perception, which can be more damaging than processing a few legitimate exceptions.
Process for Reporting Issues and Resolution
To report an issue falling under the aforementioned exceptions, customers must contact For Neighbors By Shop Namira Inc. Customer Service via email or phone, providing their order number, a detailed description of the issue, and any required supporting documentation (e.g., photographs of damaged items) within the specified timeframe. The Company will investigate the reported issue promptly and communicate the resolution, which may include a replacement, partial refund, or full refund, based on the nature of the issue and the Company's discretion, always in compliance with applicable laws.
Legal Requirements for Policy Display in New York
For the "No Returns After Successful Delivery" policy to be legally enforceable in New York, it must be conspicuously posted and clearly communicated to customers. New York state law stipulates that if a refund policy is
not conspicuously posted, consumers are entitled to a full refund within 30 days of purchase, provided they can show proof of purchase. Conversely, if a "no-refund or return" policy
is conspicuously posted, the merchant is not required to accept returns. Therefore, For Neighbors By Shop Namira Inc. will ensure this policy is prominently displayed in multiple locations on its website, including:
In the footer of the website.
On payment or purchasing pages, ideally requiring active consent (e.g., a checkbox) before order finalization.
Within the comprehensive Terms and Conditions document itself.
Potentially on product pages for specific items where the policy is particularly relevant.
The visibility of this policy is as important as its content for legal enforceability. This ensures compliance with New York law and reinforces the policy's enforceability, preventing customers from claiming ignorance and demanding refunds where the policy clearly applies.
A summary of return policy exceptions and reporting procedures is provided below:
Exception TypeReporting TimeframeRequired Action from CustomerResolution (at Company's discretion)Defective or Damaged ItemWithin 5 days of deliveryProvide photographic evidence, order number, detailed description of issue.Replacement, partial/full refund, store credit.Wrong Item SentWithin 5 days of deliveryProvide order number, description of item received vs. ordered.Exchange for correct item, refund.Legally Required RefundAs per applicable lawProvide necessary documentation as requested by Customer Service.Repair, replacement, or refund as legally mandated.
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VI. User Accounts and Responsibilities
Account Creation, Security, and Confidentiality
To access certain features or make purchases on the For Neighbors By Shop Namira Inc. website, users may be required to create an account. By creating an account, users represent and warrant that they are at least the age of majority in their state or province of residence and are legally capable of entering into a binding contract. Users are solely responsible for maintaining the confidentiality of their account login credentials, including username and password, and for all activities that occur under their account. It is strictly prohibited to share account information with any third party. Users must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of their account. The Company is not liable for any loss or damage arising from the user's failure to comply with these security obligations. This provision protects the business from liability for unauthorized account use and ensures data security by placing the onus on the user for account protection.
Permitted and Prohibited Uses of the Website/Service
Users agree to use the For Neighbors By Shop Namira Inc. website and Service for legitimate purposes only and in accordance with these Terms and Conditions and all applicable local, state, national, and international laws and regulations.
Permitted Uses: Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes, primarily for browsing products, making purchases, and managing their accounts.
Prohibited Uses and Activities: The following activities are strictly prohibited, and engaging in them may result in immediate suspension or termination of the user's account and access to the Service, without notice:
Using the website for any illegal or unauthorized purpose, or to engage in any activity that would constitute a civil or criminal offense or violate any law.
Harassing, stalking, threatening, or otherwise abusing other users or Company personnel.
Attempting to interfere with the website's network or security features, gaining unauthorized access to the Company's systems, or introducing viruses, malware, or other harmful code.
Infringing on the intellectual property rights of the Company or third parties, including copying, selling, or transferring any data, content, or intellectual property from the website without explicit permission.
Posting, transmitting, or publishing any unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, graphic, or otherwise objectionable content.
Conducting scams, fraudulent activities, or using stolen credit card details for purchases.
Spamming the service or other users, or engaging in excessive unsolicited communications.
Reverse engineering, decompiling, or disassembling any part of the website or its underlying software.
These clauses are essential for safeguarding the brand's reputation and limiting legal exposure. Allowing harassment, illegal activities, or copyright infringement by users on the platform can lead to indirect liability for the business and severe reputational damage. The terms and conditions, by clearly stating acceptable community standards, empower the business to enforce these rules and maintain a safe and respectful online environment. This directly contributes to a positive user experience and mitigates potential legal challenges arising from user actions.
User-Generated Content Guidelines
If the Service allows users to post reviews, comments, or other content ("User-Generated Content"), users are solely responsible for such content and for all activity that occurs under their account related to it. Users represent and warrant that they own or have the necessary rights and licenses to use and grant the Company the right to use any User-Generated Content they submit, post, or display on or through the Service.
Users agree not to transmit any User-Generated Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. The Company reserves the right, but not the obligation, to determine, in its sole discretion, whether any User-Generated Content is appropriate and complies with these Terms, and to refuse or remove such content without prior notice. Users grant For Neighbors By Shop Namira Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content in any media. This provision protects the business from liability for user-posted content and grants the necessary rights to display and manage it effectively.
VII. Intellectual Property Rights
Ownership of Company Content, Trademarks, and Website Design
All content, features, and functionality available on the For Neighbors By Shop Namira Inc. website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, product photographs, and the overall design, selection, and arrangement thereof, are the exclusive property of For Neighbors By Shop Namira Inc. or its licensors. This intellectual property is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Company's branding, product imagery, unique descriptions, and website design are core competitive advantages, and this clause is fundamental for protecting these unique assets and brand identity, establishing ownership, and preventing unauthorized use by third parties.
Restrictions on User's Use of Company Intellectual Property
Users are granted a limited, non-exclusive, and revocable license to access and use the Service for personal, non-commercial purposes only. This license does not grant users any ownership rights over the content or intellectual property of For Neighbors By Shop Namira Inc. Users are strictly prohibited from copying, reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, transmitting, selling, or otherwise exploiting any part of the Company's intellectual property without the express prior written consent of For Neighbors By Shop Namira Inc.. This includes, but is not limited to, using the Company's logos, trademarks, product images, or website design for commercial purposes or in a manner that suggests affiliation or endorsement without permission. Any unauthorized use of the Company's intellectual property will result in legal action and may lead to the termination of the user's account. This provision directly prevents the misappropriation and unauthorized commercial use of the business's creative and proprietary assets, thereby preserving its market value and competitive edge.
Procedures for Reporting Copyright Infringement
For Neighbors By Shop Namira Inc. respects the intellectual property rights of others and expects its users to do the same. If any user believes that their copyright or other intellectual property rights have been infringed upon by content posted on the For Neighbors By Shop Namira Inc. website, they should provide a written notification to the Company's designated Copyright Agent. The notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a valid notice, For Neighbors By Shop Namira Inc. will take appropriate action, which may include removing or disabling access to the infringing material. This procedure helps protect the business from secondary liability for user-generated content that may infringe on third-party copyrights.
VIII. Disclaimers and Limitation of Liability
Disclaimer of Warranties ("AS IS," "AS AVAILABLE" Basis)
The For Neighbors By Shop Namira Inc. website and all products offered through the Service are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, to the fullest extent permissible by applicable law. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. The Company does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components. This clause serves to limit the Company's liability for unforeseen issues or performance failures, particularly concerning website uptime or product performance.
Limitation of Liability for Damages
To the fullest extent permitted by applicable law, in no event shall For Neighbors By Shop Namira Inc., its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to, lost profits, lost data, loss of goodwill, business interruption, computer malfunction or failure, or any other commercial damages or losses, arising from:
Your use of or inability to use the Service or products purchased through the Service.
Any conduct or content of any third party on the Service.
Any content obtained from the Service.
Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if the Company has been advised of the possibility of such damages.
In no event shall the aggregate liability of For Neighbors By Shop Namira Inc. for all claims relating to the Service or products purchased through the Service exceed the amount you paid to the Company for the specific product or service giving rise to the claim, or One Hundred US Dollars ($100.00 USD), whichever is less. This limitation of liability is one of the most critical clauses for protecting the business financially. It caps potential financial exposure in the event of a lawsuit, preventing catastrophic losses that could otherwise jeopardize the Company's existence. This clause is a core defensive legal strategy, ensuring the business's assets are protected and its ability to continue operations is maintained.
Indemnification Clause
Users agree to indemnify, defend, and hold harmless For Neighbors By Shop Namira Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees), and demands arising out of or in connection with:
Your use of the Service or products purchased through the Service.
Your breach of these Terms and Conditions.
Your violation of any rights of another party, including intellectual property rights.
Your violation of any applicable law or regulation.
This indemnification clause shifts the financial burden of legal defense and damages onto the user if their actions cause harm to the business or third parties, further protecting the Company's financial stability.
IX. Dispute Resolution and Governing Law
Governing Law
These Terms and Conditions and any disputes or claims arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) 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 principles. This clause provides certainty and predictability in legal disputes, ensuring that the laws of the business's jurisdiction are applied.
Informal Dispute Resolution Process
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of the Service, both parties agree to first attempt to resolve the matter informally through good-faith discussions. The aggrieved party must provide written notice to the other party detailing the nature of the dispute. The parties shall then endeavor to resolve the dispute through direct negotiation within thirty (30) days of receiving such notice. This tiered approach encourages resolution at an early, less expensive stage, aiming to preserve customer relationships where possible and avoid formal legal proceedings.
Binding Arbitration Clause
If a dispute cannot be resolved informally within the thirty (30) day period, both parties agree that any remaining dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including questions regarding its existence, validity, interpretation, performance, breach, termination, or enforceability, shall be resolved by binding arbitration. The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures, and the arbitration shall take place in New York, NY, United States. The decision of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This strategic use of arbitration is designed to provide a faster, more cost-effective, and private method of dispute resolution compared to traditional litigation, which is paramount for managing legal costs and minimizing business disruption for an online shop.
Right to Opt-Out of Arbitration: Users have the right to opt out of this arbitration provision. To do so, a written notification must be sent to For Neighbors By Shop Namira Inc. at [Company's Legal Email Address] within thirty (30) days of the user's first acceptance of these Terms and Conditions. The opt-out notice must include the user's name, address, phone number, and email address used for their account, and a clear statement that they wish to opt out of the arbitration provision. Opting out of this arbitration provision will not affect any other terms of these Terms and Conditions. This opt-out provision enhances the enforceability of the arbitration clause by demonstrating fairness and providing users with a clear choice.
Class Action Waiver
To the fullest extent permitted by applicable law, both parties agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Users waive their right to participate in any class action lawsuit or class-wide arbitration against For Neighbors By Shop Namira Inc. This is a critical protection against potentially devastating class-action lawsuits, which can be immensely costly and damaging to businesses, and is a vital component of the Company's legal defense strategy.
X. Termination of Services
Company's Right to Suspend or Terminate Accounts/Access
For Neighbors By Shop Namira Inc. reserves the right to suspend, restrict, or terminate a user's account and/or access to the Service at its sole discretion, with or without notice, for any reason, including but not limited to:
Breach of these Terms and Conditions, including violations of prohibited uses, payment terms, or intellectual property rights.
Engagement in fraudulent, illegal, or harmful activities.
Requests by law enforcement or other government agencies.
Discontinuation or material modification of the Service (or any part thereof).
Unexpected technical or security issues or problems.
Extended periods of inactivity.
This provision grants the business the necessary authority to protect itself from abusive users, enforce its rules, and maintain a safe and compliant online environment.
User's Right to Terminate Account
Users may terminate their account with For Neighbors By Shop Namira Inc. at any time by following the instructions provided on the website or by contacting Customer Service. Upon termination, the user's access to certain features of the Service may cease, and any outstanding obligations, such as payments for completed orders, will remain.
XI. Amendments to Terms and Conditions
Right to Modify the Agreement
For Neighbors By Shop Namira Inc. reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. This flexibility is essential as businesses evolve, and legal requirements, market conditions, and operational practices change. A robust amendment clause ensures that the Company can adapt its legal framework to new realities without undermining the enforceability of the entire agreement, which is critical for the long-term viability and legal health of the business.
Notification of Changes and User Acceptance
For material changes to these Terms and Conditions, the Company will provide reasonable notice to users, typically by posting a prominent announcement on the website, updating the "Last Updated" date at the top of the Terms and Conditions, or by sending an email notification to registered users. It is the user's responsibility to review these Terms periodically for changes. Continued use of the Service after any modifications to these Terms and Conditions constitutes explicit acceptance of the revised terms. Proper notification is crucial for the enforceability of amendments; without it, users could legitimately claim they were unaware of new terms.
XII. Miscellaneous Provisions
Severability, Entire Agreement, and Waiver
Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Entire Agreement: These Terms and Conditions, together with the Privacy Policy and any other legal notices or policies published by For Neighbors By Shop Namira Inc. on the Service, constitute the entire agreement between you and For Neighbors By Shop Namira Inc. regarding your use of the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether electronic, oral, or written, between you and the Company.
Waiver: No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of For Neighbors By Shop Namira Inc. to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
These standard boilerplate clauses are vital for protecting the overall integrity and enforceability of the contract, ensuring that the agreement remains robust even if specific parts are challenged.
Contact Information for For Neighbors By Shop Namira Inc.
For any questions, concerns, or legal notices regarding these Terms and Conditions, or for general inquiries, please contact For Neighbors By Shop Namira Inc. using the following details:
For Neighbors By Shop Namira Inc. 185 Church Street NY 10007, New York, USA
Email: shopnamirainc@gmail.com
Phone: +1 9173413564