Terms of service

You must be at least eighteen (18) years of age and capable of forming a binding contract in order to access or use the Services or to purchase Products. The Services are operated from the State of Illinois and are intended for customers located in the United States. By accessing or using the Services, you represent and warrant that you satisfy these requirements.

• You agree to provide accurate, current and complete information and to keep such information up to date.
• You are responsible for maintaining the confidentiality of your sign-in credentials, including your password, your email account, your passkeys and the devices on which they are stored, and for all activity that occurs under your account.
• You agree to notify us promptly of any unauthorized access to or use of your account.
• Each individual may maintain only one (1) account. You may not create additional accounts to obtain additional prizes, codes or other benefits, or to circumvent any limit.
• If you purchased from our prior online store, we may have established an account for you using the email address associated with those purchases. Any such account is subject to these Terms in the same manner as any other account.
• You may delete your account at any time in your account settings. Our Privacy Policy describes the information we retain following deletion.
• We may suspend or terminate any account that violates these Terms, is used for fraudulent or abusive purposes, or presents a risk to other customers or to Nimmies.

• The Products are novelty plush accessories intended for adults and designed with a compartment to hold a vaping device. The Products are not toys and are not intended for use by children.
• We do not sell vaping devices, e-liquids or any substance or component used in them. You are solely responsible for any device you place in a Product and for complying with all laws applicable to you.
• You must keep the Products away from heat sources and open flame, and remove any device from a Product before charging that device.
• Colors displayed on a screen may differ from those of the Products as delivered, and minor variations in stitching and dimensions are normal and do not constitute defects.
• Limited editions and product releases are offered in limited quantities, and we do not guarantee the availability of any Product.

• All prices are stated in United States dollars and are subject to change without notice. The price applicable to your order is the price displayed at checkout at the time you place your order.
• We collect sales tax where required by law, and applicable taxes are displayed at checkout before you complete your purchase.
• Payment is due at the time you place your order and is processed by our third-party payment processor. If you elect to pay using a buy-now, pay-later service or another third-party payment method, the terms of that provider also apply as between you and that provider.
• We reserve the right to correct any error in pricing, product descriptions or availability, and to cancel any affected order, even after an order confirmation has been issued. If we cancel an order for which payment has been made, we will refund the amount paid in full.

• An order confirmation acknowledges receipt of your order and does not constitute our acceptance of it. We reserve the right to refuse or cancel any order, including where a Product is unavailable, a price is incorrect, we suspect fraud, the order exceeds a purchase limit, or the order appears to have been placed by automated means or for commercial resale, in which case you will receive a full refund.
• We may limit the quantity of any Product that may be purchased per person, household, payment method or address.
• Certain Products may be released early or exclusively to Puff Club members or to recipients of promotional early access. Release times are displayed on the Services.
• The circumstances in which you may cancel an order are described in our FAQ.
• You are responsible for confirming the accuracy of your shipping address before completing your purchase. Delivery is governed by our Shipping Policy.
• Gift messages are printed on the packing slip exactly as submitted.

Our Returns and Refunds Policy is incorporated into these Terms by reference and governs the circumstances in which, and the procedures by which, Products may be returned, exchanged or refunded. Where the Products selected in an exchange exceed the value of the Products being returned, you must pay the difference at the time you submit the exchange request.

• The Puff Club is a complimentary collector program available to account holders. The manner in which membership levels are earned, the benefits associated with each level and the manner in which your count is maintained are described on the Puff Club page, and editions and rarity are described on the Rarity Scale. Those pages are incorporated into these Terms by reference.
• Products that are returned or refunded cease to count toward your membership level.
• Membership benefits have no cash value and may not be sold, assigned or transferred.
• We may modify the membership levels, benefits or rules, or discontinue the program, at any time.
• We may revoke any level, benefit or member number obtained through fraud, abuse or the use of multiple accounts.

• Discount codes and promotional prizes have no cash value, may not be sold or exchanged for cash, and may be modified or discontinued at any time. Any conditions applicable to a code or prize, such as an expiration date, a minimum order value or a restriction on combining offers, are displayed with the offer or at checkout.
• No purchase is necessary to participate in the prize wheel. Each email address and each browser may spin once, and each spin awards exactly one of the prizes shown on the wheel; the likelihood of each prize is determined by us and may be changed at any time. Spinning adds the email address entered to our email list.
• A prize is associated with the email address used to spin and may not be transferred to another email address. A prize redeemed at checkout applies automatically to an order placed with that email address before the expiration date stated in the email accompanying the prize, which also describes how the prize may be redeemed, and a head start applies to a Puff Club account registered with that email address for the first drop following the spin. Prizes shipped with an order are subject to availability, and limited prizes are available only while supplies last.
• The prize wheel is open only to individuals aged 18 or older with a shipping address in the United States.
• We may cancel any code or prize, and any order using it, that was obtained through fictitious or duplicate sign-ups, automated means or other abuse. The prize wheel is void where prohibited by law.

• You retain ownership of the reviews, photographs, support messages, return photographs, ideas and other content you submit to us (“User Content”). By submitting User Content, you grant Nimmies a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, display, modify (including by cropping and shortening), distribute and publish such User Content in any medium in connection with the operation and promotion of Nimmies, including on the Services, in pop-up notifications, in emails and on our social media accounts. Reviews are attributed to the display name you selected, and you may request the removal of your review from the Services at any time.
• Reviews must be truthful and based on your own experience. You may not submit User Content that is hateful, harassing, defamatory or unlawful, that discloses private information about any other person, or that you do not have the right to submit.
• We review submitted reviews before publication and may decline to publish, or may remove, any review or other User Content that violates these Terms.
• If you submit ideas, suggestions or feedback, we may use them without restriction and without compensation to you.

The Nimmies name and logo, our characters, faces, flavor names, artwork, hangtags, photographs, three-dimensional models, and the text and other content of the Services are owned by Nimmies or its licensors and are protected by trademark, copyright, patent and other intellectual property laws; the compartment designed to hold a vaping device is patented. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use. You may not copy, sell, scrape or otherwise exploit our content or designs, or manufacture or sell products that imitate them, without our prior written consent.

You agree not to:

• use any robot, script, scraper or other automated means to access the Services, make purchases or collect data;
• circumvent or attempt to circumvent any security measure, purchase limit, release time or access restriction;
• use stolen, fictitious or unauthorized payment methods, or place orders you do not intend to pay for;
• create fictitious accounts, reviews or sign-ups;
• harass, threaten or abuse our personnel or other customers;
• upload or transmit any virus, malware or other harmful code; or
• use the Services for any unlawful purpose.

• You consent to receive communications from us electronically, including emails relating to your orders, your account and your requests, and you agree that all such communications satisfy any legal requirement that they be in writing.
• We send marketing emails only where you have elected to receive them, each marketing email includes an unsubscribe link, and our communications service provider records whether a marketing email was delivered, opened or clicked on our behalf.
• A telephone number associated with your account is used to deliver sign-in verification codes by text message, for which message and data rates may apply. A telephone number provided with an order is printed on the shipping label so that the carrier may contact you.

The Services contain links to third-party websites, such as social media platforms, and rely on third-party services for functions including sign-in, payment processing and shipping. Such third-party websites and services are governed by their own terms and privacy policies, and we are not responsible for their content, availability or practices.

Some jurisdictions do not permit the exclusion of implied warranties or the limitation or exclusion of certain damages, and some of the disclaimers and limitations in Sections 14 and 15 may therefore not apply to you.

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Nimmies and its owners, employees, contractors and agents from and against all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or relating to your breach of these Terms or your violation of any law or of the rights of any third party.

17.1 Agreement to Arbitrate

You and Nimmies agree that any dispute, claim or controversy between you and Nimmies arising out of or relating in any way to these Terms, the Services, the Products, any order, any communication or advertising, our privacy practices or any other aspect of your relationship with Nimmies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after your acceptance of these Terms (each, a “Dispute”), shall be resolved exclusively by final and binding arbitration on an individual basis, except as expressly provided in Section 17.3. This agreement to arbitrate also applies to Disputes involving the owners, employees, contractors, agents and service providers of Nimmies, each of whom is an intended third-party beneficiary of this Section 17. BY AGREEING TO THESE TERMS, YOU AND NIMMIES ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY.

17.2 Notice and Informal Resolution

Before commencing an arbitration, the party asserting a Dispute must send the other party a written notice of the Dispute (a “Notice”). A Notice to Nimmies must be sent by email to the address set out in the Contact Us section of our Privacy Policy, and a Notice to you will be sent to the email address associated with your account or order. A Notice must state the claimant's name, email address and order number (if any), describe the Dispute and the relief sought, and be personally signed by the claimant, even where the claimant is represented by counsel. For sixty (60) days after a Notice is received, the parties shall attempt in good faith to resolve the Dispute informally, which may include a telephone or video conference in which the claimant personally participates. Compliance with this Section 17.2 is a condition precedent to commencing an arbitration, and any applicable statute of limitations shall be tolled during that sixty (60) day period.

17.3 Exceptions

Notwithstanding Section 17.1: (a) either party may bring an individual action in small claims court for a Dispute within that court's jurisdiction, provided that the action remains in small claims court and proceeds only on an individual basis; and (b) either party may seek injunctive or other non-monetary relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, patents, trade secrets or other intellectual property rights.

17.4 Arbitration Rules and Procedure

The arbitration shall be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules then in effect and, where applicable, its Mass Arbitration Supplementary Rules (together, the “AAA Rules”), as modified by this Section 17. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration, it shall be administered by JAMS under its rules applicable to consumer disputes, and if neither is available, the arbitrator shall be appointed by a court of competent jurisdiction pursuant to 9 U.S.C. § 5. The arbitration shall be conducted before a single neutral arbitrator. Where the amount in controversy does not exceed twenty-five thousand United States dollars (US $25,000), the arbitration shall be decided solely on the basis of written submissions unless the arbitrator determines that a hearing is necessary. Any hearing shall be conducted by videoconference or telephone unless the arbitrator determines that an in-person hearing is necessary, in which case the hearing shall take place, at your election, in the county in which you reside or in Cook County, Illinois. The arbitrator shall apply applicable substantive law, may award only the remedies that would be available to an individual in a court of law, and shall issue a reasoned written decision. The award of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

17.5 Costs of Arbitration

The payment of all filing, administration and arbitrator fees shall be governed by the AAA Rules, and Nimmies will pay the fees that the AAA Rules allocate to the business in consumer arbitrations. Each party shall bear its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs to the extent permitted by applicable law, or where the arbitrator determines that a claim or defense was frivolous or asserted for an improper purpose, as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure.

17.6 Delegation to the Arbitrator

Except as provided in Sections 17.7 and 17.8, the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Section 17, including any claim that all or any part of this Section 17 is void, voidable or unconscionable, and any dispute as to whether a Dispute is subject to arbitration.

17.7 Class Action and Representative Action Waiver

YOU AND NIMMIES AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class, collective or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim. If a court determines that this Section 17.7 is unenforceable as to any claim or request for relief (including any request for public injunctive relief), that claim or request for relief, and only that claim or request for relief, shall be severed and decided by a court in accordance with Section 18 after the arbitration of all other claims has concluded, and the parties shall ask the court to stay that claim or request for relief until then. Any dispute regarding the enforceability of this Section 17.7 shall be decided by a court and not by the arbitrator.

17.8 Mass Filings

If twenty-five (25) or more demands for arbitration presenting substantially similar Disputes are filed against Nimmies by or with the assistance of the same or coordinated counsel or other persons, those demands shall be administered in accordance with the AAA's Mass Arbitration Supplementary Rules, and the parties shall cooperate in good faith to have them resolved in batches or through another efficient procedure consistent with those rules. Any applicable statute of limitations shall be tolled for each such Dispute from the date the first such demand is filed until that Dispute is assigned for arbitration. A court shall have authority to enforce this Section 17.8.

17.9 Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NIMMIES EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

17.10 Severability, Survival and Amendments

If any provision of this Section 17, other than Section 17.7, is found to be unenforceable, that provision shall be severed and the remainder of this Section 17 shall remain in full force and effect. This Section 17 shall survive the termination of these Terms, the closure of your account and the completion of any order. Notwithstanding Section 19, no amendment to this Section 17 shall apply to any Dispute of which a Notice was given before the amendment took effect.

Section 17 and the agreement to arbitrate it contains are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. These Terms are otherwise governed by the laws of the State of Illinois, without regard to its conflict-of-law principles. Subject to Section 17, any Dispute that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Cook County, Illinois, except that an individual action under Section 17.3(a) may also be brought in the small claims court of the county in which you reside, and you and Nimmies each consent to the personal jurisdiction of those courts.

We may amend these Terms from time to time. The amended Terms will be posted on this page with a revised “Last updated” date and will apply from that date, except that each order is governed by the Terms in effect at the time the order was placed. If we make material changes, we will provide additional notice, such as a notice on the Services or an email to account holders. Your continued use of the Services after amended Terms take effect constitutes your acceptance of them.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, including to a successor in interest to our business.

Force majeure

We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including carrier delays, severe weather, natural disasters, labor disputes and failures of utilities or communications networks.

Survival

Provisions that by their nature should survive the termination of these Terms, including those relating to intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution, shall survive such termination.

Entire agreement

These Terms, together with the policies and pages incorporated by reference, constitute the entire agreement between you and Nimmies regarding the Services and supersede all prior agreements on that subject.

Headings

Section headings are for convenience only and have no legal or contractual effect.

Questions regarding these Terms may be submitted through our help center. Legal notices to Nimmies must be sent by email to the address set out in the Contact Us section of our Privacy Policy.