Terms of service
Welcome to Naybia. These Terms of Service form a legally binding agreement between you and Naybia, a brand operated by Gardashov LLC, governing your access to and use of naybia.com and all related products and services. By using the Site or placing an order, you agree to these Terms.
1. Agreement to Terms
These Terms apply to all visitors, users, and customers of the Site. By using the Site, you affirm that the information you provide is accurate and that you will use the Site only in accordance with these Terms and all applicable laws. We reserve the right to deny access to anyone at any time for any lawful reason.
2. Eligibility
To use the Site and place an order, you must be at least 18 years of age or the age of majority in your state.
3. Changes to These Terms
We may modify these Terms at any time. Changes become effective upon posting. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. Changes do not apply retroactively to orders already placed.
4. Account Registration
If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
5. Products and Descriptions
We make every reasonable effort to describe our products accurately and to display colors faithfully. Even so, appearance may vary slightly depending on your screen. If a product is not as described, our Returns and Refunds Policy applies.
6. Pricing, Taxes, and Currency
All prices are displayed in US dollars (USD). Sales tax is calculated at checkout where applicable, based on your shipping address.
Prices may change without notice, but the price applicable to your order is the price displayed at the time you placed it. If we identify an obvious pricing or stock error, we may cancel the order and issue a full refund, and we will tell you before doing so.
7. Orders and Payment
Submitting an order constitutes an offer to purchase. We accept your offer when we confirm shipment. We may refuse or cancel orders for pricing errors, stock shortages, or suspected fraud; in those cases we refund in full.
8. Promotions and Discounts
Promotional codes are valid for a limited time, cannot be combined unless stated, and have no cash value.
9. Shipping and Delivery
Processing times, delivery estimates, and our obligations under the FTC Mail, Internet, or Telephone Order Merchandise Rule are set out in our Shipping Policy, which forms part of these Terms.
10. Returns, Refunds, and Exchanges
Our practices are set out in our Returns and Refunds Policy, which forms part of these Terms and includes information about state-law variations.
11. Intellectual Property
All content on the Site — text, photographs, graphics, logos, and the Naybia name — is owned by Gardashov LLC or its licensors and protected by applicable law. You may not reproduce or use it commercially without our written permission.
12. User Content
By submitting reviews, photos, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use it for brand promotion. You are responsible for the content you share and confirm you have the right to share it. We publish reviews consistent with the FTC's rules on endorsements and testimonials.
13. Prohibited Uses
You agree not to use the Site unlawfully, to compromise its security, to scrape data by automated means, to impersonate others, or to interfere with its operation.
14. Third-Party Links and Services
The Site may contain links to third-party sites. We do not control their content or privacy practices and are not responsible for them.
15. Disclaimer of Warranties
The Site is provided "as is." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, secure, accurate, or free of errors.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This does not affect our obligations for items that arrive damaged, defective, or incorrect, which are covered by our Returns and Refunds Policy.
16. Limitation of Liability
To the fullest extent permitted by law, Naybia, Gardashov LLC, and their affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site, Services, or Products. Our total aggregate liability shall not exceed the greater of the amount you paid for the product giving rise to the claim or fifty US dollars (USD $50).
Some states do not allow the limitation or exclusion of incidental or consequential damages, so the above may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Naybia, Gardashov LLC, and their affiliates from any claims, liabilities, damages, losses, costs, and expenses arising out of your use of the Site, violation of these Terms, or violation of any applicable law or the rights of any third party.
18. Privacy
Your use of the Site is governed by our Privacy Policy, incorporated into these Terms by reference.
19. Force Majeure
We will not be liable for any failure or delay in performing our obligations resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, governmental actions, power outages, or carrier failures.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-laws principles. Subject to Section 21, any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.
21. Dispute Resolution and Arbitration
Please read this section carefully. It affects how disputes between you and us are resolved.
Before bringing any formal claim, you agree to first contact us at support@naybia.com and attempt in good faith to resolve the dispute informally for at least 30 days.
If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms shall be resolved by binding individual arbitration under the Federal Arbitration Act, rather than in court, except that either party may bring an individual claim in small-claims court where eligible.
You and Naybia agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any claim must be brought within one year after the cause of action arises, or it is permanently barred.
22. Termination
We may suspend or terminate your access to the Site at any time and at our sole discretion, with or without notice, including for any violation of these Terms.
23. General Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right shall not be deemed a waiver. These Terms, together with our Privacy Policy, Shipping Policy, and Returns and Refunds Policy, constitute the entire agreement between you and Naybia regarding your use of the Site.
24. Contact Us
Naybia, a brand operated by Gardashov LLC
25 SE 2nd Ave Ste 550 #996, Miami, FL 33131, United States
Email: support@naybia.com · Phone: +1-918-238-6378
Support Hours (US Eastern Time, EST/EDT)
Monday – Friday: 9:00 AM – 6:00 PM · Saturday: 10:00 AM – 4:00 PM · Sunday: Closed