OVERVIEW
This website is operated by NOVALIYA. Throughout the site, the terms "we", "us" and "our" refer to NOVALIYA. NOVALIYA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, sellers and/or content providers.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using the Site in any way, you agree to be bound by these Terms of Use. If you do not agree to all the terms of this Agreement, you may not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
New features or tools added to the current Shop are also subject to the Terms of Use. You can view the current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or visit of the site after any changes have been posted means that you accept those changes.
Our shop is operated by Shopify Inc. which provides us with an e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE.
By accepting these Terms of Service, you represent that you are of legal age in the state or province where you reside, or that you are of legal age in the state or province where you reside and that you have given us permission for your minor family members to use this site.
You may not use our products for illegal or harmful purposes, nor may you use the Service to violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach of these Terms will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS.
We reserve the right to refuse service to anyone at any time and for any reason.
You acknowledge that your content (not credit card data) may be transmitted unencrypted and may require (a) transmission over different networks and (b) adjustments to meet the technical requirements of the connecting networks or devices. Credit card data is always transmitted encrypted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit in any way any part of the Service, use of the Service or access to the Service, or any contact on the website through which the Service is provided, without our express written consent.
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We accept no liability if the information on this site is not accurate, complete or current. The material on this website is for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date sources of information. Use of the material on this website is at your own risk.
This website may contain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time. However, we are under no obligation to update the information on our website. You agree that it is your responsibility to keep yourself informed of any changes on our website.
ARTICLE 4 - CHANGES IN SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if any).
Certain products or services may only be available online through the Site. These products or services may be available in limited quantities and can only be returned or exchanged in accordance with our return policy, which can be found under: https://novaliya.shop/pages/return-policy.
We have done our best to ensure that the colours and images of our products match those in shop as closely as possible. However, we cannot guarantee that all colours will be displayed correctly on your computer screen.
We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographical area or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of products or services we offer. All product descriptions and product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. All offers for products or services on this site are void where prohibited.
We do not guarantee that the quality of any products, services, information or other material you purchase or obtain will meet your expectations or that defects in service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION.
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantity of products purchased per person, per household or per order. These limits may apply to orders placed through the same customer account or with the same credit card, and/or to orders placed with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided when placing the order. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by resellers, dealers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases from our shop. You agree to promptly update your account and other information, including your email address, credit card number and expiry date, so that we can complete your transactions and contact you if necessary.
For more information, please see our Returns Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without warranty, representation or condition and without any approval. We are in no way responsible for your use of third-party tools.
Your use of tools offered through the Website is at your own risk and discretion and you should ensure that you understand and agree to the terms on which the tools are offered by the relevant third-party provider(s).
We may also in the future offer new services and/or features through the Website (including new tools and resources). Such new features and/or services are also subject to these Terms of Use.
ARTICLE 8 - LINKS TO EXTERNAL PROVIDERS
Certain content, products and services available through our Service may contain third-party material.
Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party material or websites, or any other third-party material, products or services, and we do not warrant and are not responsible or liable for them.
We are not responsible for any damages related to the purchase or use of goods, services, resources, content or other transactions conducted in connection with third-party websites. Please read the third party's policies and practices carefully before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the respective third-party supplier.
ARTICLE 12 - PROHIBITED USES
In addition to any other prohibitions set forth in the Terms of Use, you are prohibited from: (a) use the Site or its Content for any unlawful purpose; (b) promote or engage in any unlawful activities of any person; (c) violate any international, federal, state, provincial or federal rules, regulations, laws or local ordinances; (d) infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, defame, slander, humiliate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or other forms of malware that interfere or are likely to interfere in any way with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track personal information about others; (i) engage in spamming, phishing, pharming, pretexting, spinning, crawling or scraping; (j) engage in obscene or immoral activities; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
ARTICLE 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this Agreement in all respects.
These Terms of Use will remain in force until terminated by you or by us. You may terminate these Terms of Use at any time by informing us that you no longer wish to use our services or when you no longer use our website.
If we believe or suspect that you have breached any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or rules of use we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, all prior versions of the Terms of Service).
No ambiguity in the interpretation of these Terms of Service shall be construed against the written form.
ARTICLE 18 - APPLICABLE LAW
These Terms of Use and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with Dutch law.
ARTICLE 19 - AMENDMENTS TO THE TERMS OF USE
You can view the current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.
ARTICLE 20 - SMS MARKETING.
By subscribing to Novaliya SMS, you agree to receive automated marketing messages from us about our products and services on the telephone number you provided when you subscribed, and that the messages may be sent via an automated telephone system or other technology. The messages will be recurring. Consent is not a condition of purchase. Messaging and data charges may apply. Respond STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe and HELP for customer service. You may receive an additional text message confirming your decision to unsubscribe. You understand and agree that attempting to unsubscribe by any means other than sending the above unsubscribe commands is not an appropriate way to unsubscribe.
SECTION 21 - CONTACT INFORMATION.
Questions about the Terms of Service should be sent to info@novaliya.shop