Terms & Condition
Nukaba Ltd also referred to as “We” or “Nukaba” is the operator of the website located at www.nukaba.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Nukaba (the “Products”).
The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Nukaba, and you should read them carefully. By agreeing to these Terms, you also agree to the Nukaba Privacy Policy, Cookies and Shipping Policy, each of which is expressly incorporated by reference herein.
YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
User Obligations
By downloading, accessing or using the Website or app, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local and national laws and regulations concerning your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Nukaba through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Nukaba reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Nukaba from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Nukaba if you suspect or become aware of any loss, theft, or unauthorized use of your password or account.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, at our sole discretion, and without paying any liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Nukaba expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Nukaba reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Nukaba reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Nukaba, its licensors, licensees or other third parties (collectively called the “Content”). The Website and the Content are owned, licensed, or controlled by Nukaba, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Nukaba, its licensors, or certain other third parties and are protected by Mauritius laws and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Nukaba grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Nukaba may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without paying any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site or Social Media (“User-Generated Content”), you grant to Nukaba a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Nukaba the license specified above. Nukaba shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. NUKABA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL NUKABA OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Disputes
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be governed exclusively by the laws of the Republic of Mauritius. If a dispute arises under this Agreement, you agree to contact us at info@nukaba.com (email). Before formally submitting a Dispute to arbitration, you and Nukaba may choose to informally resolve the dispute. Any dispute, controversy, or claim relating to or contesting the validity of Nukaba’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief; (iii) any legal action by Nukaba against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt out of this arbitration agreement. To opt-out of arbitration, you must contact us in writing at info@nukaba.com (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt-out of arbitration concerning claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt-out of arbitration concerning claims relating to the website.
Links to Third-Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Nukaba expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Cancellation & Refund
Once ordered, you will have 4 hours to process to payment. If the order hasn't been paid within 4 hours from confirmation, Nukaba Ltd shall process to your order cancellation automatically without noticing the client. No refund shall be made after confirmation of your order and payment processing unless the product is out of stock. If the product you ordered became out of stock at the moment of payment, Nukaba Ltd will propose either a credit note to spend on our website www.nukaba.com or a full refund of your order. Refunds shall take 2-3 working days to be processed. This is applicable for in-stock & pre-order products. This measure has been implemented to avoid operational disturbance and ensure all orders are shipped on schedule. Please contact our customer care service at info@nukaba.com for any query you may have concerning an order.
Once products are sold it is non-transferable or refunded.
Exchange of Product(s)
We don't accept product returns. Exchange is available under certain conditions. Exchanges of swimwear, lingerie, shoes or intimate clothes are not accepted due to hygienic protocols. The intention of exchanging a product shall be notified in writing by the client within 24 hours of the product delivery. The client will have to process the exchange of product(s) within 14 days as from the order date. Nukaba Ltd will ensure to give maximum details about each product's sizes, materials and categories on the ''product page/Social Media/Messages''. When purchasing a product in stock, you agree to receive the product as specified on the ''product page''. All items sold are as per the pictures presented on the product page. At Nukaba ltd, we proceed to a quality check before preparing the package to be shipped as per our strict quality policy. If the product is damaged, kindly send us a request on info@nukaba.com with the proof of the damages of the product(s).
Pre-order products can't be cancelled, exchanged, returned or refunded. We ensure to give the maximum details to our customers before the payment of the order. Once payment is made and the order is confirmed, no changes can be made. This will remain at the discretion of the management.
Pre-Order Services
Nukaba Ltd has introduced on 28 March 2022 a new service called ''Pre-Order''. This Service is available for pre-ordering product(s) with wide catalogue varieties. This includes ''on-demand'' orders too. Being a service that depends on a third-party supplier and foreign exchange rates, prices may vary at the time of the order process. Fluctuation in price shall remain at the discretion of the management and shall be communicated to you while proceeding to order confirmation. Prices communicated on the website/social media pages shall be changed without prior notice from the management. Nukaba Ltd reserves the right to change the price of the item(s) or charge the client a higher/lower price after 24 hours from the first quotation given or the published item date to the client. Nukaba Ltd reserves the right to cancel any pre-order/on-demand order(s) should the item products at the time of the bulk order day have increased significantly or are out of stock.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Nukaba Ltd with your electronic signature expressly consenting to be contacted by telephone (including by automated dialling systems, prerecorded messages, WhatsApp, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that you consent to receive emails from Nukaba Ltd for any order confirmation, purchase, marketing campaign or updates of your membership. For a summary of Nukaba's information collection and use, please see Nukaba's Privacy Policy, which is incorporated herein by reference. If you don't want to receive marketing/promo emails or marketing/promo texts kindly send us an email here info@nukaba.com
Electronic Signature and Agreements
You acknowledge and agree that by clicking on the button labelled “SUBMIT”, “DOWNLOAD”, ''CHECK OUT'', “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Nukaba Ltd to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. According to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the ICTA Electronic Transaction Act 2000 (Act 23/2000) governed by the Law of the Republic of Mauritius, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY NUKABA. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Sales Tax
Nukaba Ltd honours the law of the Republic of Mauritius concerning sales and tax uses. All prices displayed are inclusive of taxes. The Mauritian Taxes applied are calculated on 15% of the total value of each product. As Nukaba proceeds to your shipping (depending on your given address) some additional taxes shall be applied in your country at the time of the collection and shall be borne by you depending on the law enforced in your country.
Prices
All prices displayed on this website are in Mauritian Rupees (Rs/MUR). Nukaba Ltd reserves the right to increase a product at any time for whichever reason without prior notice.
Miscellaneous
This Agreement constitutes the entire agreement between you and Nukaba Ltd and supersedes any prior version of this Agreement and Nukaba Ltd. If any provision of this agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this agreement.
Social Media Contest & Lucky Draw
When you participate in the above-mentioned you automatically agree to the following:
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Nukaba Ltd may use your data to contact you through Messenger, SMS, MMS, WhatsApp, Call, Email and other means of communication (please refer to our Privacy Policy for more details).
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Nukaba may use your photos and personal information for publication, advertising and other means of marketing through different channels of communication.
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Prizes are non-transferable or exchangeable.
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All prizes will be available for a period of 3 months to be redeemed and no extensions will be given.
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Follow the rules and regulations set up to entitle an entry into the game.
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Nukaba Ltd reserves the right to cancel any contest or lucky draw at any time without notification. Nukaba Ltd won't be held responsible for a compensation of liabilities of any loss or damages that may arise.
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Nukaba Ltd may proceed to the winner announcement on social media pages and the winner will have 1 week to claim the prize otherwise the prize will be given to the second name that appeared in the lucky draw under the discretion of the management.
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If the prize is not claimed, Nukaba Ltd reserves the right to void the participation of the winner and re-integrate the prize into another contest.
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Nukaba Ltd may tag you in posts, videos, podcasts or any means of social media tools used for promotion.
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Vouchers or prizes are non-redeemable into cash and shall be used on www.nukaba.com.
Nu Loyalty Program
Nu Loyalty Program has been introduced on our platform by Nukaba Ltd for members only. This loyalty program will allow our customers to accumulate crowns (each Rs 1 spent entitles our client to 1 crown) and redeem it to get discounted vouchers.
Therefore, Nukaba ltd reserves the right to remove crowns from your member account if the same has been over-credited or for any other valid reason. The management reserves the right to also credit crowns on your account or cancel your crowns for whichever reason without prior notice and without paying any compensation.
Promotions, Events and Sales
Nukaba Boutique (Nukaba Ltd) shall organise special promotions referred to as ''events'', ''promotions'' or ''sales'' online and offline.
Nukaba Boutique reserves the rights to publish/share the above-mentioned events on the website www.nukaba.com and on any other social media platform/Marketing channels managed by Nukaba Ltd.
Promotions and sales are a limited-time offer and shall be cancelled at any time without prior notice by Nukaba Boutique.
Promotions and sales are non-redeemable in cash or refundable.
Promotions and sales aren't applied to shipping/home delivery fees.
Nukaba Boutique have full rights to cancel any coupon code applied off-promotion period that has been applied by a client as an act of negligence or on purpose. Nukaba Ltd shall not be liable for any reimbursement or any claim.
Nukaba Boutique reserves the right to cancel any coupon code without prior notice.
Items on promotions/sales are non-refundable, exchangeable or returnable.