Terms of service

OVERVIEW

Welcome to Novaay! The terms “we,” “us,” and “our” refer to Novaay. Novaay operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Novaay is powered by Shopify so that we can deliver the Services to you.

The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our online stores or purchasing products or services we offer, we may require you to provide certain information such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 – OUR PRODUCTS

We strive to provide the most accurate possible descriptions of our products and services in our online stores. However, please note that the colors and appearance of the product may differ from how they appear on your screen. This is due to the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our webshop.

All product descriptions may be changed at any time, without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer per person, per geographic region, or per jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Novaay reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Novaay has confirmed it. We must have received and processed your payment before your order is accepted.

Please review your order carefully before submitting it. Novaay may not be able to honor a request for cancellation once your order has been accepted. In the event that we do not accept, modify, or cancel an order, we will try to notify you using the email address, billing address, and/or phone number you provided during the checkout process.

You may return or exchange purchases only in accordance with our refund policy.

You represent and warrant that your purchases are intended for personal or household use only and not for commercial resale or export.

ARTICLE 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service will be the price in effect at the time you place your order and will be stated in the confirmation email you receive after placing your order. Unless otherwise stated, the listed prices exclude taxes, shipping charges, handling fees, customs duties, and import taxes.

The prices displayed in our online stores may differ from prices in physical stores or in online stores or other outlets operated by third parties. From time to time, we may offer promotions for the Services that could affect pricing and that are subject to separate terms and conditions, which will prevail in the event of any conflict with these Terms.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that:

the credit card details you provide are accurate, correct, and complete;
you are authorized to use the credit card for purchases;
your charges will be approved by the credit card company; and
you will pay the charges you incur, including shipping, handling, and any applicable taxes, as displayed.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss pass to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Novaay, its affiliates, or its licensors, and are protected by patent law, copyright law, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly set forth in these Terms, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Novaay, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by Novaay.

The names, logos, product names, service names, design elements, and slogans of Novaay are trademarks of Novaay or its affiliates or licensors. You may not use such trademarks without prior written consent from Novaay. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services. We do not monitor, control, or have any influence over these tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We are not liable for any damages arising from or related to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.

ARTICLE 8 – LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites that are offered or operated by third parties (including any embedded functionality from third parties). We are not responsible for examining or evaluating the content or accuracy of materials or websites from third parties you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not liable for any damage or negative consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please read the policies and practices of the third party carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding products and services from third parties should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Novaay uses Shopify to deliver the Services to you. However, all sales and purchases you make in our store are handled directly with Novaay. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspects between you and Novaay, including injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Novaay.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to deliver and improve the Services. Information you submit to the Services will be forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than your own, so they can provide services to you. Please read our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit to us any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may exercise our rights under this license, for example, to operate, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that:

you own all rights to all Feedback or have all necessary rights to all Feedback;
you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and
your Feedback complies with these Terms.

We are not, now or in the future, obligated to:

keep your Feedback confidential;
pay compensation for your Feedback; or
respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of the intellectual property rights of any party or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or related websites.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you provide and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information in or related to the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any related information is inaccurate, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services:

for any unlawful or harmful activities;
to violate any international, national, federal, provincial, or local laws, regulations, rules, or ordinances;
to infringe on our intellectual property rights or those of others;
to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others;
to submit false or misleading information;
to knowingly transmit, receive, upload, download, use, or reuse any material that does not comply with these Terms;
to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation methods;
to impersonate or attempt to impersonate another person or entity; or
to engage in any other activity that restricts or inhibits anyone’s use of the Services, or that, as determined by us, could harm Novaay, Shopify, or users of the Services, or expose them to liability.

You also agree not to:

upload or transmit viruses or other malicious code that could in any way affect the functionality or operation of the Services;
reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
collect or track the personal information of others;
engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or
interfere with or circumvent the security features of the Services, related websites, other websites, or the internet.

We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provisions of these Terms.

ARTICLE 14 – TERMINATION

We may, in our sole discretion, terminate this agreement or your access to the Services (or any part thereof) at any time and without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES (continued)

…or by anyone who may be informed of its contents.

Unless expressly stated by Novaay, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

In some jurisdictions, the exclusion or limitation of implied warranties is restricted or not allowed. Therefore, the above disclaimer may not apply to you.

ARTICLE 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Novaay, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers, and licensors, as well as Shopify and its affiliates, shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products purchased through the Services, or for any other claim related in any way to your use of the Services or any product.

This includes, without limitation, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if you have been advised of the possibility of such damages.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Novaay, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party arising out of or resulting from:

your breach of these Terms of Service or any documents incorporated herein by reference;
your violation of any law or the rights of a third party; or
your access to and use of the Services.

We will notify you in the event of a claim that entitles us to indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced by such failure. We may assume the defense and settlement of such a claim at your expense, including hiring an attorney, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims subject to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with our Services shall be governed by and construed in accordance with the federal and state- or province-specific courts in the jurisdiction where Novaay has its headquarters. You and Novaay agree to the jurisdiction and personal authority of the applicable court.

ARTICLE 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will provide notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. If you continue to access or use the Services after changes to these Terms of Service have been made, you agree to accept those changes.

ARTICLE 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@novaay.com.

Our contact details are as follows:

Company Name: Novaay
E-mail: info@novaay.com
Phone: +31 6 45970169
Address: Borgerdiep 37, 1509 XN Zaandam, Netherlands
Support: Monday - Sunday: 9:00 AM-5:00 PM (Sydney time)