Terms of Service

Last Updated: January 17, 2025

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR PURCHASING OUR PRODUCTS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

Section 1 – Introduction & Consent to Terms

Welcome to Nagi LLC, a Texas limited liability company‘s (referred to herein as “Nagi”, “we”, “us”, or “our”) Terms of Service (referred to herein as the “Terms”). Nagi offers a variety of stationery and lifestyle items, such as postcards, notebooks, planners, calendars, and other products found on our Website (as defined below) (referred to herein as our “Products”).

If you do not agree to these Terms, we ask that you please not use our Website or purchase any of our Products. Your use of our Website or purchase of our Products constitutes acceptance of these Terms.

These Terms apply to all users of our website, nagilifestyle.com (our “Website”), and customers who purchase our Products. By using our Website or purchasing our Products, you agree to be bound by these Terms.

We reserve the right to modify the contents of these Terms at any time. Any modification to these Terms will be notated at the top of these Terms via a date of last revision and will be communicated to you upon thirty (30) days written notice.

Section 2 – Eligibility

Access to and use of our Website or Products are not meant to be used by anyone under the age of eighteen (18), and we do not target persons under this age to provide our Services. By using our Services, you represent and warrant that (a) you are at least eighteen (18) years old; and (b) you have the full power and authority to enter into these Terms.

When you purchase our Products, you can either (i) purchase our Products as a guest; or (ii) sign up for a User Account. Certain Products may require you to create a “User Account” and to provide some necessary information including, without limitation, your name, age, contact information, address, payment information, and other personal information required by Nagi.

Your use of our Products involves the use of software and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Products are your sole responsibility.

Finally, you are solely responsible for maintaining the confidentiality of your password and account information and are responsible for all activity that takes place on your account. Nagi shall not, for any reason, be responsible for any use or misuse on your User Account. You are not permitted to give your account information to any third parties.

Section 3 – Purchasing Our Products and Fulfillment

Before submitting an order for our Products, you will be shown an order confirmation screen describing the inclusions of your order, as well as any applicable charges for taxes and shipping. It is your responsibility to ensure that everything looks as desired, including the number of Products purchased.

We reserve the right, in our sole discretion, to refuse or cancel any order, including after being submitted. If your order is refused or canceled after you have been charged, we will issue you a full refund.

Section 4 – Terms of Sale and Payment

Pricing for our Products is shown on our Website at the time of purchase. All prices shown for our Products are in U.S. Dollars. Nagi reserves the right to change prices at any time, with or without notice, prior to your purchase.

When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit or debit card, you authorize us or our third-party payment processing company to charge your payment method for all charges incurred in connection with your purchase of our Products.

All monies owed are due and payable at the time of purchase. All unpaid monies owed to Nagi will accrue interest at three percent (3%) per month until paid in full.

At any time after failure to pay, Nagi can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, Nagi shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.

No chargebacks of any kind are permitted once you have purchased one of our Products.

If you charge back a payment made to Nagi and Nagi wins the dispute, you agree to pay a five-hundred-dollar ($500.00) administrative fee, which is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.

Section 5 – Shipping and Order Processing

We offer free shipping for orders over $70. Currently, we only ship within the United States.

You will be charged shipping on all orders under $70. Estimated shipping charges on orders under $70 will be shown at the time of purchase.

Shipping Methods:

Standard Shipping: Estimated delivery within 3-10 business days.

Order Processing Time:

Orders are processed within 2-3 business days after payment confirmation.
Processing times exclude weekends and holidays.

Our Products will be delivered to you by a third-party delivery company. Since the shipping of your order can be impacted by many events beyond our control, we will not be responsible or liable for any damages, costs, or similar arising out of delivery of products after the expected delivery date. All dates provided for shipping are estimates only.

In addition, since our Products will be delivered to you by a third-party delivery company, the risk of loss on your Products transfers to you when your Products are delivered to the third-party delivery company. Since these third-party companies are not connected to Nagi, we will not be responsible or liable for any damages, costs, or similar arising out of damage or loss that results from the shipment of your order, unless the issue with your Products shipped was caused by Nagi.

Section 6 – Refund, Return, and Cancellation Policy

Return Window:

Our return policy lasts 7 days from the date of your purchase. If 7 days have passed since your purchase, unfortunately, we cannot offer a refund or exchange and your purchase becomes final.

Return Eligibility:

Items must be unused, in the same condition as received, and in the original packaging.
Only the purchaser of the Products can return the Products.
Several types of goods are non-returnable, including:

Art including prints
Blind Box
Ceramic goods (except where they arrive damaged or have quality issues).

Additional Non-Returnable Items:

Gift cards
Personal care items

Return Process:

To complete your return, proof of purchase is required.
For quality issue, please contact us within 7 days of delivery with photos of the item and packaging so we can assist you promptly.
Do not send your purchase back to the manufacturer.
Please contact us here.

Refund Process:

Once your return is received and inspected, we will notify you via email regarding the status of your refund. If approved, the refund will be processed, and a credit will be applied to your original payment method within a specific timeframe.

Eligibility for Exchanges:

We replace items only if they are defective or damaged. If you need to exchange an item for the same product, contact us for further instructions.

Section 7 – Ownership of Intellectual Property

The contents of our Products, such as designs, as well as the inclusions on our Website, are protected by United States and international copyright laws. These materials and other content are owned exclusively by Nagi or licensed to us. For your information, we partner with artists to provide some or all of the designs you see within our Products or on Our Website. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license, or use for commercial purposes any copyrighted material without our prior written consent. All rights not expressly granted in these Terms are reserved to Nagi.

Nagi and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Nagi. All rights in these Marks are reserved by Nagi. You may not use any Nagi-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to:

Republish, redistribute, transmit, sell, license, or commercialize these materials in any manner except in connection with the regular use of our Products, as outlined herein.
Modify, reverse engineer, or create any derivative works based upon any of our content or Products.

Any unauthorized use by you of our content or materials will give us the right to terminate your access to our Website.

Section 8 – Consent to Receive Electronic Communications

By creating a User Account or purchasing one or more of our Products and providing us your contact information, you explicitly consent to receive marketing and other electronic communications related to deals, specials, promotions, products, or future products.

If you agree to subscribe to our mailing list, you will receive our latest news and updates. You may unsubscribe at any time by using the link at the bottom of our emails or via any of the contact methods listed on our Website.

You are able to terminate this consent in accordance with our Privacy Policy.

Section 9 – Third Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. Nagi has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

By using our Website, you expressly waive Nagi, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.

Section 10 – Community Guidelines

You are prohibited from using our Website or our Products:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or
for any obscene or immoral purpose.

We reserve the right to terminate your use of our Website for violating any of these community guidelines.

Section 11 - Copyright Infringement

If you believe that your copyright has been infringed by Nagi, please immediately send us a notice to support@nagilifestyle.com with the following information:

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 at a single online site are covered by a single notification, a representative list of such works at that site.
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 service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
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.

We respond to notices of copyright infringement immediately and take any such allegations seriously. The reported content will be taken down within seventy-two (72) hours of written notice. We do not mediate disputes. However, if content that is alleged to be infringing, in our opinion, has no merit, the content will be placed back on our Website.

Section 12 – Term & Errors

These Terms will remain active and in full force and effect so long as they are posted on our Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.

Section 13 – Disclaimers

OUR WEBSITE AND OUR PRODUCTS ARE PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAGI AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD-PARTY PROVIDERS, AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR WEBSITE OR OUR PRODUCTS.

WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR WEBSITE WHICH MAY BE DOWN FROM TIME TO TIME DUE TO BUGS, ERRORS, OR FIXING ISSUES. WE ALSO DO NOT AND CANNOT GUARANTEE THAT EVERYTHING ON OUR WEBSITE IS ACCURATE OR UP TO DATE. WE ENDEAVOR TO PROVIDE YOU WITH THE MOST UP-TO-DATE INFORMATION WITH RESPECT TO PRODUCTS, PRICING, OR OTHERWISE, BUT CANNOT GUARANTEE THAT ALL INFORMATION ON OUR WEBSITE IS ACCURATE.

IF YOU ARE DISSATISFIED WITH OUR PRODUCTS, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR PRODUCTS.

Section 14 – Limitation of Liability

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT NAGI RECEIVED IN CONNECTION WITH YOUR PRODUCTS. IF YOU HAVE NOT PURCHASED ONE OF OUR PRODUCTS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR PRODUCTS, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Section 15 – Indemnification

You agree to defend, indemnify, and hold Nagi, its agents, employees, directors, officers, and owners harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your use or misuse of our Website or Products; (ii) your breach of these Terms; or (iii) breach of applicable law.

Section 16 – Privacy Policy

Please refer to our Privacy Policy, which includes information about how we collect, use, and disclose information about you.

In order to operate and provide you with the best customer experience on our Website, Nagi may collect certain information about you. You acknowledge and agree that when you use our Website, Nagi may use various automatic means, which include but are not limited to, cookies and web beacons, to collect information about your mobile device, computer, your use of our Website, and your purchase of our Products.

Most of our information uses relate to our general business purposes, which include but are not limited to promotional and marketing purposes, improving our Products, and enhancing your use of our Website.

Our full Privacy Policy is shown at the bottom of our Website and is incorporated herein by reference as if fully set forth in this Section.

Section 17 – General Provisions

Entire Agreement. These Terms contain the entire agreement between you and Nagi except for any product-specific information found on our Website.

Waiver. The failure by Nagi to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Nagi's prior written consent.

Relationship. Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and Nagi.

Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of Texas. Except for non-payment by you, all other disputes arising from these Terms or your purchase of our Products shall be subject to binding arbitration in Dallas, Texas. Nagi and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.

Class Action Waiver. To the extent permitted by applicable law, you and Nagi agree that any dispute arising out of these Terms or our Products is personal to you and Nagi and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of similar proceeding.

Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Updates. We recommend that you check the Terms periodically for updates.

Section 18 – Questions

If you have any questions or comments regarding these Terms, please feel free to contact us by email at support@nagilifestyle.com.