Terms of service
Terms of Service
These Terms of Service ("Terms") govern your use of the Nimbyo website, including your purchase and use of products offered through the website (the "Site"). The Site is operated by Nimbyo ("Nimbyo," "we," "us," or "our").
By accessing the Site or placing an order, you agree to these Terms and the policies referenced below. If you do not agree with these Terms, please do not use the Site or place an order.
Nimbyo operates from the Netherlands and serves customers in the United States and other international markets.
1. Agreement and Related Policies
These Terms should be read together with our:
• Privacy Policy
• Shipping & Delivery Policy
• Refund & Returns Policy
• Any other policies or notices published on the Site
Together, these documents govern your use of the Site and your purchases from Nimbyo.
If a provision of these Terms conflicts with a mandatory legal requirement, the applicable legal requirement will control to the extent required.
2. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms.
When placing an order or providing information to Nimbyo, you agree that the information you provide is accurate and complete.
You may not use the Site to engage in fraudulent, abusive, deceptive, unlawful, or otherwise harmful activity.
We may restrict access to the Site or decline transactions where reasonably necessary to protect Nimbyo, our customers, payment partners, or the security of the Site.
3. Orders and Acceptance
Submitting an order constitutes an offer to purchase the selected products. All orders are subject to availability and acceptance.
We reserve the right to decline, limit, or cancel an order where reasonably necessary, including where:
• A product is unavailable
• An obvious pricing or listing error has occurred
• An order appears fraudulent or unauthorized
• Multiple orders appear to have been placed unintentionally
• Purchase quantities appear inconsistent with ordinary consumer use
• Information required to process an order cannot be verified
• Circumstances prevent us from reasonably fulfilling the order
If we cancel an order after payment has been received, the applicable amount will generally be refunded to the original payment method.
We may limit quantities purchased by a customer or household where reasonably necessary.
4. Pricing and Product Information
We make reasonable efforts to ensure that product descriptions, images, prices, and other information displayed on the Site are accurate and current.
Product colors and appearance may vary slightly depending on your device, display settings, lighting, or manufacturing variations.
We reserve the right to correct typographical, pricing, availability, or other inadvertent errors and to cancel or adjust affected orders where reasonably necessary.
Unless otherwise stated, prices displayed on the Site do not necessarily include taxes, duties, customs charges, or other destination-specific fees that may apply to international orders.
5. Payment
Orders must be paid using an available payment method presented at checkout.
By submitting payment information, you represent that you are authorized to use the applicable payment method.
Payments may be subject to verification by our payment processors or other authorized service providers.
If a payment cannot be successfully authorized or verified, the order may be delayed, cancelled, or require additional information before it can be processed.
6. Shipping and Delivery
Shipping and delivery are governed by our Shipping & Delivery Policy.
Customers are responsible for providing an accurate and complete shipping address at checkout.
Estimated delivery times are provided for guidance and may vary depending on destination, carrier operations, customs processing, weather, seasonal demand, and other circumstances outside our reasonable control.
Once an order has been dispatched, tracking information may be provided where available.
If carrier tracking indicates that a shipment was delivered to the address provided at checkout, we may treat the shipment as delivered. If you believe a shipment was incorrectly marked as delivered, please contact us promptly so that the available information can be reviewed.
Nothing in these Terms limits any rights or remedies available under applicable law.
7. Returns and Refunds
Returns and refunds are governed by our Refund & Returns Policy.
Where a return is permitted, customers must follow the applicable return instructions and requirements.
Returned merchandise may be inspected upon receipt. Where permitted by applicable law, a refund may be reduced to account for damage, excessive handling, missing components, or other diminished value caused by handling beyond what is reasonably necessary to inspect the product.
Refunds may be delayed until the returned merchandise has been received or appropriate evidence of return has been provided, where permitted by applicable law.
Nothing in these Terms limits mandatory consumer rights.
8. Customer Responsibilities
Customers are responsible for:
• Providing accurate contact and shipping information
• Reviewing order details promptly after purchase
• Following reasonable product instructions and care requirements
• Using products only for their intended purpose
• Contacting Nimbyo promptly when an order or delivery issue arises
Nimbyo is not responsible for issues resulting from inaccurate information supplied by the customer, misuse of a product, or circumstances outside our reasonable control, except where applicable law provides otherwise.
9. Fraud Prevention and Order Verification
To protect our customers and the Site, Nimbyo may use reasonable measures to identify and prevent unauthorized transactions, fraud, abuse, and other activity that presents a security or financial risk.
Where reasonably necessary, an order may be subject to additional verification or review.
This may involve information associated with the transaction, order details, payment verification, shipping information, or other information reasonably available to us or our authorized service providers.
We may cancel or restrict an order where reasonably necessary to protect against suspected fraudulent or unauthorized activity.
10. Payment Disputes
If you believe there is an issue with an order or payment, we encourage you to contact our customer support team so that we can investigate and attempt to resolve the matter.
Where a payment dispute, chargeback, or reversal is initiated, we may provide relevant transaction, order, shipping, delivery, and communication records to the applicable payment processor, financial institution, card network, or authorized dispute-management provider as reasonably necessary to respond to the dispute.
Nothing in these Terms is intended to prevent or restrict any right that cannot legally be waived.
Fraudulent or abusive use of payment disputes may result in restrictions on future transactions where reasonably permitted.
11. Intellectual Property
The Site and its contents, including text, graphics, photographs, product descriptions, logos, trademarks, designs, software, and other materials, are owned by or licensed to Nimbyo or its respective rights holders.
Except as expressly permitted by us or applicable law, you may not reproduce, distribute, modify, copy, scrape, republish, sell, or commercially exploit content from the Site without prior written permission.
12. Third-Party Services
The Site may rely on third-party services, including payment processors, shipping providers, technology providers, analytics services, and other service providers.
Third-party services may be subject to their own terms and policies.
We are not responsible for interruptions or failures caused solely by third-party systems or services, except where responsibility cannot legally be excluded.
13. Disclaimer
To the fullest extent permitted by applicable law, the Site and related services are provided on an "as available" basis.
We do not guarantee that the Site will always be available, uninterrupted, secure, or free from errors.
We also cannot guarantee that product availability, pricing, descriptions, or other Site information will remain unchanged at all times.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded or limited.
14. Limitation of Liability
To the fullest extent permitted by applicable law, Nimbyo will not be responsible for indirect, incidental, consequential, special, or punitive damages arising from or relating to the use of the Site or a purchase made through the Site.
To the fullest extent permitted by applicable law, where Nimbyo is found liable for a claim relating to a particular purchase, our aggregate liability will not exceed the amount actually paid for the product giving rise to the claim.
These limitations do not apply to liability that cannot legally be excluded or limited.
15. Indemnification
To the extent permitted by applicable law, you agree to be responsible for losses, claims, damages, and reasonable expenses arising from your material breach of these Terms, unlawful use of the Site, fraudulent activity, or infringement of another person's rights.
This provision does not apply to the extent that the applicable claim results from Nimbyo's own unlawful conduct.
16. Events Outside Our Reasonable Control
Nimbyo will not be responsible for delays or failures caused by circumstances beyond our reasonable control.
These circumstances may include severe weather, natural disasters, transportation disruptions, carrier interruptions, customs delays, governmental actions, labor disruptions, supply interruptions, internet or telecommunications failures, payment processing interruptions, or other events outside our reasonable control.
We will make reasonable efforts to resume affected operations when circumstances permit.
17. Suspension and Termination
We may restrict or terminate access to the Site or decline future transactions where reasonably necessary for security, fraud prevention, legal compliance, prevention of abuse, or protection of Nimbyo and its customers.
Any rights or obligations that arose before suspension or termination will continue to apply where appropriate.
18. Governing Law
These Terms are governed by the laws of the Netherlands, except where mandatory law applicable to a customer requires otherwise.
Any dispute will be handled by a competent court in accordance with applicable law, while preserving any mandatory consumer rights concerning jurisdiction, venue, or dispute resolution.
Nothing in these Terms is intended to deprive a consumer of mandatory protections available under applicable law.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
20. Changes to These Terms
We may update these Terms from time to time by publishing a revised version on the Site.
The updated Terms become effective when posted unless otherwise stated.
Changes will not retroactively affect rights or obligations where prohibited by law.
21. Entire Agreement
These Terms, together with the policies expressly incorporated by reference, constitute the agreement governing your use of the Site and purchases from Nimbyo.
22. Contact
For questions regarding these Terms, orders, or our policies, please contact:
23. Consumer Rights
Nothing in these Terms, our Shipping & Delivery Policy, or our Refund & Returns Policy is intended to exclude, restrict, or waive any consumer protection right that cannot legally be excluded, restricted, or waived.
Where mandatory consumer protection laws provide rights or remedies that differ from these Terms, those mandatory provisions will apply to the extent required by applicable law.