CGV

Welcome to our website.

This website is operated by HDLA Sarl, 19, Op der Haart, L-9999 Wemperhardt, Luxembourg, RC B255981, VAT identification number: LU3210445, e-mail: [email protected]. On this site, the terms "we", "us" and "our" refer to HDLA. HDLA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please read these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Any new features or tools added to the current store will also be subject to the terms of use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website following the posting of any changes will constitute acceptance of those changes.

1.Agreement.

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions for your access to and use of nicopop.com (the "Site") and describes the terms and conditions applicable to your access and use of the Site. This Agreement may be modified at any time by HDLA upon posting of the modified Agreement. All such modifications shall be effective immediately. You may review the most current version of these terms at any time at nicopop.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

2. products or services.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer screen will be accurate. We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

3.Prices.

Unless otherwise stated, all our prices include Luxembourg VAT (16%) and exclude delivery costs.

If the customer is not a resident of the European Union, VAT will not be charged. Any customs duties or import taxes are not included in the price and remain the responsibility of the customer.

4 Invoice and account information.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address.

5.shipping charges.

Delivery charges depend on the weight, method and location of delivery. If the customer places the order online, the exact amount of the shipping costs will be calculated during the ordering process. After having indicated the place of delivery, the customer will be able to choose between the possible delivery methods. HDLA reserves the right to differ from the customer's choice within the limits of reasonableness. -

6. Right of withdrawal and refund.

The consumer Customer within the meaning of Article L.010-1 of the Consumer Code may exercise his right of withdrawal for distance contracts within fourteen (14) calendar days from the date of receipt by the consumer Customer of the product ordered on the NICOPOP.COM site. To exercise his right of withdrawal for distance contracts, the consumer Customer must notify HDLA of his intention to withdraw within the aforementioned period. He may contact HDLA in writing, either by mail to HDLA's head office or by e-mail ([email protected]) or, if he has a customer account, manage the withdrawal procedure directly on the NICOPOP website. The consumer Customer has fourteen (14) calendar days from the notification of the right of withdrawal to HDLA to return the products at his own expense and responsibility. In order to be reimbursed, the products purchased must be returned in their original packaging and in a condition that could reasonably be expected. In the event of deterioration attributable to the Consumer Customer or in the event of modification by the Consumer Customer, HDLA reserves the right to refuse the Consumer Customer's right of withdrawal or to reduce the amount reimbursed by a flat rate.

7.Optional Tools.

We may provide you with access to third party tools over which we have no control or input. You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any and all liability arising from or related to your use of optional thirdparty tools. Any use by you of optional tools offered on the Site is entirely at your own risk and discretion and you must ensure that you are aware of and agree to the terms and conditions on which the tools are provided by the relevant third party supplier(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use.

8.Third Party Links.

Certain content, products and services available through our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant or assume any responsibility for any third party materials or websites, or for any other third party materials, products or services. We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

9.User Feedback, Comments and Other Submissions.

If, at our request, you send certain specific submissions (e.g., contest entries) or without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Comments"), you agree that we may,  at any time, without limitation, modify, copy, publish, distribute, translate and otherwise use in any medium the Comments you send to us. We are and will be under no obligation (1) to maintain the confidentiality of any Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or others as to the origin of any comment. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

10.Errors, Inaccuracies and Omissions.

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order). - We assume no obligation to update, modify or clarify information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website shall be deemed to indicate that all information in the Service or on any related website has been changed or updated.

11.privacy.

Your visit to our site is also governed by our Privacy Policy. Please review our privacy policy at nicopop.com.

12.Ownership.

All content included on this site is and will continue to be the property of HDLA or its content providers and is protected by applicable copyrights, patents, trademarks and other proprietary rights. Any copying, redistribution, use or publication by you of such content or any portion thereof is prohibited, except as expressly authorized in this Agreement. Under no circumstances do you acquire any ownership or other interest in any Content by or through your use of this Site.

13. intended audience.

This website is intended for adults only. By accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Site.

14. Trademarks.

The Nicopop brand and others are either trademarks or registered trademarks of HDLA. Other product and company names mentioned on this site may be trademarks of their respective owners.

15.use of the site.

HDLA grants you a limited, revocable, non-exclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. You agree not to copy material from the Site, reverse engineer or break into the Site, or use any materials, products or services in violation of any law. In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its contents:

• (a) for any unlawful purpose;
• (b) solicit others to perform or participate in any unlawful act;
• (c) to violate any local, international, federal, provincial or state regulation, rule, law or ordinance;
• (d) to infringe or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, hurt, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in  manner that adversely affects the functionality or operation of the Service or any related web site, other web sites or the Internet;
• (h) to collect or track the personal information of others;
• (i) to send spam, phishing, pretexting, spidering, crawling or scraping;
• (j) for obscene or immoral purposes;
• (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Use of this website is at the discretion of HDLA and HDLA may terminate your use of this website at any time.

16.Compliance with Laws.

You must comply with all federal, state and local laws. If you are outside of Luxembourg, you must comply with all local laws regarding your online conduct, as well as the export of data to Luxembourg or to your country or residence.

17.Indemnification.

You agree to indemnify, defend and hold harmless HDLA and our partners, employees and affiliates from and against any and all liabilities, losses, claims and expenses, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

18.disclaimer.

We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may discontinue the Service for indefinite periods or cancel the Service at any time without notice. You expressly agree that your use of or inability to use the Service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

The information on this site is provided on an "as is", "as available" basis. You agree that use of this site is at your own risk. HDLA disclaims all warranties of any kind, including, but not limited to, express warranties, statutory warranties and implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy with respect to your use of the Site shall be to discontinue using the Site.

19. limitation of liability.

In no event shall HDLA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, consequential (including damages resulting from loss of business, loss of profits, litigation or the like), special, exemplary, punitive or other damages under any legal theory arising out of or in any way connected with the Site, your use of the Site or the Content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site and/or the Content is to discontinue all use of the Site. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If those laws apply to you, the exclusions or limitations in this Agreement that directly conflict with those laws may not apply to you.

20. Use of Information.

HDLA reserves the right, and you authorize us, to use and disclose all information relating to uses of the Site by you and all information provided by you in any manner consistent with our Privacy Policy.

21. Copyright and Copyright Agent.

If you believe that your work has been copied in a way that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please provide notice containing all of the following information to our Copyright Agent.

• (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• (b) a description of the copyrighted work that you claim has been infringed; and
• (c) a description of where the material that you claim is infringing is located on the Site
• (d) Your address, telephone number and e-mail address;
• (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notices of claims of copyright infringement on the Site is our legal department, which can be reached as follows By Mail: [19, Op der hart L- 9999 Wemperhardt, Luxembourg] By E-mail: [ [email protected] ].

22. Applicable Law.

You agree that the laws of Luxembourg, without regard to its conflict of laws provisions, will govern these Terms of Use and any dispute that may arise between you and HDLA or its affiliates.

23. Severability.

If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

24.Waiver.

The failure of nicopop.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of this Agreement by nicopop.com must be in writing and signed by an authorized representative of nicopop.com.

25.Termination.

HDLA may terminate this Agreement at any time, with or without notice, for any reason.

26.Relationship between the Parties.

Nothing in this Agreement or your use of the Site shall be construed as constituting either party as a partner, co-contractor, employee or agent of the other party, nor shall either party hold itself out as such. Neither party shall have the right or authority to make, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being understood by both parties that each shall remain independent contractors responsible for its own actions.

27. entire agreement.

These Terms of Use constitute the entire agreement between you and nicopop.com and govern the terms and conditions of your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and nicopop.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, published policies (including, but not limited to, the Privacy Policy), guidelines or rules that may apply when you use the Website. nicopop.com may revise these Terms of Use at any time by updating this agreement and posting the revised agreement on the Website. Accordingly, you should visit the site and periodically review the Terms of Use to determine if any changes have been made. Your continued use of this website after any changes are made to the Terms of Use will signify and confirm your acceptance of such changes or amendments to the Terms of Use.

28 Contact details

Questions about the terms of use should be sent to [email protected]. All statements on this page have not been reviewed by a consumer law enforcement agency. This product is not.