Nyraa Terms of Service

NYRAA
Terms & Conditions of Use
AND
Privacy Policy

Please read this policy carefully as it contains important information on who we are, as well as how and why we collect, store, use, and share your information. We take your privacy seriously. By using this site (the “Site”) as either a customer or a merchant, you agree to comply with and be bound by the following terms and conditions of use and acknowledge your understanding of this privacy policy (collectively, the “Terms”). If you do not agree to these Terms, you should not use this Site. Upon your use of the Site in any capacity, these Terms will be a binding agreement between you and Nyraa LLC (“we”, “our”, “us”, or “Nyraa”).

 

  1. Agreement

This Agreement describes the terms governing your use of our online services provided to you on this website, including Content (defined below), updates and new releases (collectively, the “Services”).

  1. Eligibility

You must be at least 13 years old to use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with their permission. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

  1. Accounts & Registration

You may set up a user account to use certain features of the Site ("Account"), such as when you register for a shopping account and participate in services including Order History or Product Wishlist. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your Account information confidential. You may not transfer, sell, assign, or sublicense your Account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your Account, including, but not limited to, Use of the Site by any person who uses your Account, with or without authorization. You agree to notify Nyraa’s customer service immediately of any unauthorized use or any other breach of security on your Account. Nyraa will not be liable for losses incurred as a result of an unauthorized use of a password or account.

  1. Product Information

Please note that while we have made every effort to accurately display the colors of products, the actual colors you see may depend on your monitor or mobile device and might not be accurate. Additionally, there may occasionally be information on our Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including prices, product images, specifications, and/or availability. Nyraa reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us immediately.

Please note for shipping, we are not liable for any delays in shipments.

  1. Pricing Information

Nyraa may provide promotions, discounts, or sales on its Website or selectively to certain individuals (“Promotions”). These Promotions are subject to change at any time without prior notice. They can influence pricing and might be governed by separate terms and conditions.

The price you will be charged for any Product is the price that is current at the time you place your order and will be confirmed in your order confirmation. Additional charges may apply, such as currency conversion fees, local taxes, and others, which will be added to your total merchandise cost.

Typically, Nyraa will only ship your Products after your Payment Method has been successfully processed. However, if you fail to make a payment when due or if your Payment Method repeatedly fails, Nyraa may begin collection efforts for any Products that were shipped to you. You agree to cover the cost of any collection efforts, including any reasonable attorney’s fees.

  1. Returns, Exchanges, and Refunds

Please review our Return Policy for all information on returns, exchanges, and cancellations.

Please note that tailored garments and related products cannot be returned under any circumstances.

For all other products, in order to be eligible for consideration to receive a refund, we ask that products be unworn, unwashed, in their original packaging, with the original tags and security tags attached, and post-marked for return within 48 hours of receipt. We reserve the right to reject any products that do not follow these guidelines.

Refunds will not be processed until your product is received. Once your return is received, please allow 2-3 business days for us to inspect and process the return. Once your return is processed, you will receive an email notification confirming your refund. Please allow 3-5 business days for the refund to show on your original method of payment or for store credit. You are responsible for keeping the tracking information on your returned package.

All shipping costs are non-refundable, and we charge a flat restock fee based on the product being returned which shall be deducted from the amount returned to you.

International Returns and Customs

Nyraa does not accept international returns. All fees are the responsibility of the customer. All items marked “final sale” may not be returned or exchanged. Nyraa does not offer price adjustments at this time.

If for any reason you choose not to pay the fees associated with duties or customs related to an international shipment from an you order placed, your product will not be shipped to you. In order to obtain a refund under these circumstances, you must send a written request to Nyraa at hello@shopnyraa.com. Nyraa reserves the right to deduct any fees, costs, or penalties incurred from any refund requested for receiving, restocking, or reshipping the product in accordance with this clause.

  1. Risk of Loss

Nyraa carefully inspects all Products before they are sent out to Customers. Any and all risk of loss or damage to Products transfers to the Customer once the Products are handed over to the postal carrier (FedEx, UPS, USPS, DHL etc.)

After receiving a Product, the Customer has 48 hours to check for any defects and must inform Nyraa of any issues by providing photo or video evidence. Depending on Nyraa's judgment, the Customer may either be allowed to return the Product for a refund or receive a replacement once the original Product is returned. Please contact hello@shopnyraa.com if any issue arises.

Nyraa is not responsible for any defects that occur after the Product has been delivered.

  1. Privacy

8.1 What information do we collect from you? When you purchase something from our store or act as a merchant within our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. This personal information is required to provide our products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing certain services or products to you. We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

With your express consent, we also collect your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system. We may send you emails about our store, new products, and other updates. You will be provided the option to unsubscribe from these emails at any time.

8.2 Third-Party Services. In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, please remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by these Terms.

Links

When you click on links on our store, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Payment:

If you choose a direct payment gateway to complete your purchase, then we may process your credit card data and our payment processor may store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

8.3 How long will we retain your personal information? We will keep your personal information while you have an account with us or while we are providing products to you. Thereafter, we will keep your personal information for as long as is necessary to (i) respond to any questions, complaints or claims made by you or on your behalf, (ii) to show that we treated you fairly, or (iii) to keep records required by law. We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

8.4 Your rights under the CCPA. If applicable, you have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You

You have the right to know:

·       The categories of personal information we have collected about you;

·       The categories of sources from which the personal information is collected;

·       Our business or commercial purpose for collecting or selling personal information;

·       The categories of third parties with whom we share personal information, if any; and

·       The specific pieces of personal information we have collected about you.

Please note that we are not required to:

·       Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

·       Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

·       Provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

The categories of personal information that we disclosed about you for a business purpose.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

·       Delete your personal information from our records; and

·       Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

·       Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

·       Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

·       Debug to identify and repair errors that impair existing intended functionality;

·       Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

·       Comply with the California Electronic Communications Privacy Act;

·       Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

·       Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

·       Comply with an existing legal obligation; or

·       Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

·       Deny goods or services to you;

·       Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

·       Provide a different level or quality of goods or services to you; or

·       Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods to you, if that difference is reasonably related to the value provided to our business by your personal information.


8.5 Security. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

8.6 Cookies. To provide you with the best browsing experience, Nyraa uses the following types of cookies: Strictly Necessary, Performance, Functional, and Targeting Cookies. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

International Returns and Customs

Nyraa does not accept international returns. All fees are the responsibility of the customer. All items marked “final sale” may not be returned or exchanged. Nyraa does not offer price adjustments at this time.

If for any reason you choose not to pay the fees associated with duties or customs related to an international shipment from an you order placed, your product will not be shipped to you. In order to obtain a refund under these circumstances, you must send a written request to Nyraa at hello@shopnyraa.com. Nyraa reserves the right to deduct any fees, costs, or penalties incurred from any refund requested for receiving, restocking, or reshipping the product in accordance with this clause.

  1. Customer Satisfaction. If you are dissatisfied with a product, please contact hello@shopnyraa.com to receive assistance directly from our team. Please review these Terms and the full FAQS located on our Site prior to emailing our team as your question may have already been answered. If you pay for your products through PayPal or Shopify, payment disputes are handled directly through those platforms. If you contact us, we will do our best to help resolve the issue.
  2. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  3. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
  4. Dispute Resolution and Binding Arbitration

YOU AND NYRAA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  1. Access to Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Site and your use or purchase of any product on any other website, blog, article, or social media platform (“Your Content”), you hereby grant Nyraa a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Site, including but not limited to advertising, promoting, and marketing the Site or products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

 

  1. Legal Disclaimers. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NYRAA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES WILL NYRAA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of Nyraa to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Nyraa must be in writing and signed by an authorized representative of Nyraa. Nyraa may terminate or amend these Terms at any time, with or without notice, for any reason. These Terms constitutes the entire agreement between you and Nyraa and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nyraa with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Site. Nyraa may revise these Terms at any time by updating these Terms and posting them on the Site. Accordingly, you should visit the Site and review the Terms and Conditions of Use and Privacy Policy periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms and Conditions of Use or Privacy Policy signifies and confirms your acceptance of any such changes or amendments to these Terms.

  1. How to exercise your rights, Support, and Contact Information. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at hello@shopnyraa.com. Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. If you choose to contact directly by email, you will need to provide us with:
  • Enough information to identify you (e.g., your full name, address and customer or matter reference number);
  • Proof of your identity and address (e.g., a copy of your driver’s license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nyraa.
  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  4. Notices

To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us at hello@shopnyraa.com.

  1. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  2. Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Nyraa is a trademark of Nyraa LLC. Copyright © 2023 Nyraa LLC. All rights reserved.