Terms of service

1. Introduction

1.1 These terms and conditions apply to the use of our website or the purchase of products offered through our website.

1.2 The definitions and interpretations of these Terms are set out in Article 26.

2. Acceptance

2.1 You represent and warrant that:

(b) you have the authority to enter into a legally binding contract with us; and

(c) you are not prevented by any applicable law or treaty from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms.

2.3 You represent and warrant that you:

(a) have not been convicted of an offense related to computers or the Internet; and

(b) have not previously been refused any product or access to the Site.

2.4 We reserve the right to deny you access to our Site where we consider such refusal necessary or appropriate.

2.5 Placing an order means:

(a) your assurance and warranty that you have read these General Terms and Conditions carefully and completely;

(b) your offer to purchase the Order only in accordance with these General Terms and Conditions;

(c) you agree that any order confirmation is based solely on these General Terms; and

(d) your promise to comply with these Terms.

2.6 If you do not accept these Terms and Conditions, you may not use the Site or purchase Products.

2.7 You must expressly accept these Terms and Conditions in order to:

(a) submit information to or through our website; or

(b) purchase a Product.

2.8 By visiting our website, purchasing Products, or accepting these Terms and Conditions:

(a) you also accept our privacy policy; and

(b) you agree to accept and comply with our acceptable use policy (see section 12 below for more information).

2.9 We recommend that you print a copy of these terms and conditions for future reference.

2.10 If you do not accept these terms and conditions, you may not place an order or communicate with us.

3. Personal Use

You confirm that you will use the website only to purchase products for your personal and non-commercial use, as principal and not as a representative or on behalf of any other person.

4. Pricing

4.3 We will do our best to ensure that all details, descriptions, and prices of products appearing on our site are accurate. However, errors may occasionally occur. If we discover that there has been a pricing error, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you or do not receive a response from you, the order will be considered canceled and you will be fully refunded. If you choose to reconfirm your order, we will arrange delivery of your order and charge or refund you the amounts specified in the notification we send you shortly after receiving your reconfirmation using the payment method used to place your order.

4.4 We are not obliged to fulfill an order if the price on the site is incorrect (even after receiving an order confirmation).

4.5 Prices may change from time to time. However, such changes will not affect orders for which an order confirmation has already been sent.

5. Placing an Order

5.1 Once you place an order, all orders are subject to stock availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation which serves as confirmation of receipt of your order. In the event of delivery difficulties or stock unavailability preventing fulfillment of your order, we will notify you by email and refund all payments made for the order.

5.2 A contract is only formed once we have sent you an order confirmation and only with respect to the product(s) mentioned in that order confirmation. These terms and conditions form an integral part of the contract and apply to the exclusion of all other terms and conditions.

5.3 If your order includes multiple Products, the Products may be delivered to you in multiple shipments at different times.

5.4 We reserve the right to remove any Product from the site at any time. We also reserve the right to modify or remove any material or content from the site. We shall not be liable to you or any third party for removing any Product from our Site or modifying or removing any material or content from our Site.

5.5 We reserve the right to refuse or reject any order placed by you at any time (even after sending an order confirmation). We shall not be liable to you or any third party for canceling or rejecting an order.

5.6 If we cancel your order after receiving payment (and even after sending an order confirmation), the payment for the order will be refunded in full.

6. Payment

6.1 You may pay for Products through one of the payment intermediaries listed on our website.

6.2 You may also pay for your order in whole or in part with a voucher that we make available to you. Vouchers may only be used online during checkout.

6.3 We may use payment intermediaries to process payments between you and us. You agree that we may provide documents and information relating to you to such payment intermediaries, including documents and information containing your personal data.

6.4 We are not a regulated payment processor or money services provider and are not responsible for payment failures or issues caused by payment intermediaries.

6.5 It is your responsibility to provide complete and accurate information during the payment process and all payments must be made using your own funds. By placing an order, you confirm that:

(a) the payment method used for payment belongs to you;

(b) where applicable, you are the lawful holder of the discount voucher; and

(c) you have sufficient funds or credit capacity to pay for the relevant order.

6.6 In the event of suspected unauthorized use of a payment method, please contact your bank/payment provider and contact us immediately so we can investigate the situation and assist where possible.

6.7 In the event of a payment dispute, please contact us first so that we can attempt to resolve the issue quickly. This does not affect your statutory rights or your rights under the applicable rules of your bank or payment provider.

6.8 We reserve the right to notify the appropriate authorities of fraudulent payments or any other unlawful activity where required by applicable law.

7. Delivery

7.1 We aim to deliver your order to the delivery address you provided with your order.

7.2 When you confirm your order, we will indicate an estimated delivery date.

7.3 We may notify you if we are unable to meet the estimated delivery date, but we shall not be liable for any loss, liability, costs, damages, fees, or expenses arising from any delivery delay to the fullest extent permitted by law.

7.4 We may not be able to deliver products to certain locations. If this is the case, we will notify you and arrange for the order to be canceled and refunded or delivered to another delivery address confirmed by you.

7.5 All risk relating to the product transfers to you upon delivery to the delivery address unless delivery is delayed due to your breach of obligations under these Terms. The risk transfers at the time delivery would have occurred had you not breached the law.

7.6 If you are unable to accept delivery or collection of your order, we may leave a card with instructions for redelivery or collection by the carrier.

7.7 If delivery or collection is delayed due to your unreasonable refusal to accept delivery, or if you fail to accept the order or collect it from the carrier, we may charge you for all costs and other expenses reasonably incurred by us to return the order to the sender, without prejudice to any other rights or remedies available to us.

8. Cancellation or Modification of Orders

8.1 Once an order has been placed on our site, you may cancel or modify it by sending us an email.

8.2 Since we operate with a fully automated system, orders may be processed quickly after placement. Therefore, unfortunately we cannot always stop the shipping process before delivery, meaning cancellation before shipment is generally only possible up to 24 hours after placing the order. This does not affect your return and withdrawal rights described in Article 10.

9. Defective Products

9.1 You acknowledge that the Products are standard products and are not adapted to meet your specific needs.

9.2 All product descriptions, information, and documents displayed on the website are provided “as is” without any express or implied warranty or other representation.

9.3 Product images may differ slightly from the actual product you receive.

9.4 If the product you receive is defective, you may send us an email stating the product you wish to return and include a photo of the defective product.

9.5 You may return the Product to us in accordance with Article 10.

9.6 We will examine the product upon receipt. Our processing time depends on your order.

9.7 We will notify you by email if we determine that the product is defective.

9.8 Our only obligation to you regarding defective products is (at our sole discretion):

(a) replace the product and pay for delivery of the replacement product to the delivery address, in which case you must return the defective product to us and we will deliver a replacement product to the delivery address; or

(b) pay you an amount equal to the price of the Product and the return shipping costs of the defective Product. We will pay this amount by crediting the account from which we received payment and using the same payment method.

9.9 If we determine that the Product is not defective, we may, at our sole discretion, refuse to refund the purchase price of the Product and may require you to pay a reasonable service fee and deduct it from the payment method used to place the order. We shall not be liable for losses, liabilities, costs, damages, charges, or expenses arising from this paragraph to the fullest extent permitted by law.

10. Returns and Refunds

10.1 Our return policy forms an integral part of these terms and conditions under which you may access and use our site.

10.2 If you are not completely satisfied with your order, you may send us an email indicating the product to return and send it back. The withdrawal period is 30 days from the date on which you, or a third party designated by you other than the carrier, took possession of the final product.

10.3 Return shipping costs are borne by the customer.

10.4 We must have received the product before the customer can request a refund. We will inspect the returned product upon arrival.

10.5 You must ensure that the product is sent back to us in the same condition in which you received it and properly packaged. The product must be unused, product labels must not have been altered, and the product must be in its original packaging. If a product is returned to us in unsuitable condition, we reserve the right not to accept the return.

10.6 Our return processing time depends on your order.

10.7 If we are satisfied with the condition of the returned product, we will send you an email approving your return. A refund will be issued immediately to the payment method used for the order after we notify you of the approval.

10.8 Withdrawal becomes effective as soon as we have received the physical goods.

11. Vouchers

11.1 You may use our promotional vouchers or discounts during checkout for products on the Site.

11.2 To use a voucher or apply a discount, the voucher or discount code must be entered on the payment page of our order process.

11.3 Once the voucher or discount code has been entered and applied, the voucher or discount will be included in the total amount of your order at checkout.

11.4 You may only validate or use one voucher or one discount per order.

11.5 Credit from a promotional voucher does not accrue interest and has no cash value.

11.6 If the value of a voucher is insufficient for your order, you may pay the difference using a separate payment method available on the site.

11.7 If you use a voucher for an order that is returned, the value of the voucher will not be refunded. However, if you paid part of the order using a separate payment method, that portion may be refunded.

12. Authorized Use

12.1 You may not (“Prohibited Actions”):

(a) use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance, availability, or accessibility of the website;

(b) use our website in any unlawful, illegal, fraudulent, or harmful manner, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;

(c) use our website to copy, store, host, transmit, send, use, publish, or distribute any material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using a robot, spider, or any automated means;

(f) violate the guidelines set out in the robots.txt file of our website;

(g) use data collected through our website for direct marketing activities (including email marketing, SMS marketing, telemarketing, or direct mail);

(h) use information collected through our website to contact individuals, businesses, or other persons or entities;

(i) use or direct the website to interact with any device unless expressly authorized to do so;

(j) directly or indirectly use the Site infrastructure to launch, distribute, participate in, direct, or attempt to divert attacks or transmit intrusive, harmful, or potentially harmful network messages to any device, whether owned by us or not;

(k) copy, publish, modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive or access the structure or source code of the Site (whether to create derivative works or otherwise), directly or indirectly;

(l) use or access the Site to create a similar or competing product or service, or disclose to a third party any comparative or benchmarking study;

(m) sell, assign, sublicense, transfer, distribute, or rent your access to the website;

(o) make the website available to a third party through a private computer network;

(p) edit or modify in any way any content or any printed or digital copy of any material printed or copied from our website;

(q) use the website in any manner prohibited by applicable laws or regulations governing use of the website;

(r) make unauthorized requests or place unauthorized orders; or

(s) place speculative, false, or fraudulent orders.

12.2 You agree to be liable to us for any damage, loss, liability, cost, or expense we may suffer or incur as a result of or in connection with any prohibited act committed or authorized by you.

12.3 You agree to notify us as soon as possible if you become aware of any person engaging in a prohibited act. You will provide reasonable assistance in any investigation we conduct based on information you provide.

12.4 You must ensure that all information you provide through our Site or in connection with our Site or Products:

(a) is true, accurate, current, complete, and not misleading;

(b) complies with all applicable laws and regulations;

(c) does not infringe privacy, data protection, confidentiality, intellectual property, or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal, or otherwise objectionable.

12.5 You will promptly provide all documents or other information we request to verify your identity. You will promptly update all information provided to ensure it remains complete and accurate.

12.6 You must comply with all applicable laws regarding your use of the Site and it is solely your responsibility to ensure compliance regardless of your place of residence or access location.

12.7 Please email us if you notice any material or activity on our website that does not comply with these Terms.

13. Links to the Website

13.1 Links from our site to other websites and resources provided by third parties are for information purposes only and do not constitute endorsement or approval.

13.2 You acknowledge and agree that we have no rights or control over the content of linked third-party websites.

13.3 You may link to our homepage provided it is done fairly and legally and does not damage our reputation.

13.4 You must not create links suggesting any association, authorization, or approval where none exists.

13.5 You must not link to our website from a website you do not own.

13.6 You may not frame our Site within another website or link to any part other than the homepage.

13.7 We reserve the right to withdraw linking permission without notice.

13.8 The website linking to ours must comply with our acceptable use policy.

13.9 Contact us for approval of any link that does not comply with this section.

14. Intellectual Property Rights

14.1 The code, structure, and organization of the Site are protected by intellectual property rights.

14.2 We are the owner or license holder of all intellectual property rights in our website and all content and materials published on it.

14.3 You may use the website and its contents only for personal and non-commercial use in accordance with these Terms.

14.4 You agree to notify us of any suspected infringement of our intellectual property rights.

14.5 You may not use our trademarks without prior written permission unless they form part of material used exactly as permitted.

15. Data Protection

15.1 Our privacy policy forms an integral part of these Terms.

15.2 We use cookies and track how customers prefer to use our website. By accepting these Terms, you also agree to our use of cookies.

15.3 If you provide personal data to us, we will process it according to your instructions and implement appropriate security measures.

15.4 Unless specific safeguards are agreed in writing, information and documents generated during the sale of Products may be shared electronically with employees, officers, advisers, or agents.

16. Viruses

16.1 We do not guarantee that our website will be secure or free from bugs or viruses.

16.2 You are responsible for configuring your own systems and antivirus protection.

16.3 You must not misuse our website by knowingly introducing malicious software.

16.4 You must not attempt unauthorized access to our systems.

16.5 You must not attack our website through denial-of-service attacks.

16.6 If we believe you breached this section, your right to use our Site will cease immediately and we may notify authorities.

17. Liability

17.1 Subject to section 17.13, we exclude liability to the fullest extent permitted by law for losses arising from:

(a) Third-party content or user content;

(b) our content and its accuracy;

(c) product quality, images, descriptions, or suitability;

(d) reliance on information contained in these Terms or on our website;

(e) inability to access the website; and

(f) delays caused by circumstances beyond our reasonable control.

17.2 We are not liable for lost profits, business opportunities, goodwill, savings, indirect, special, or consequential losses.

17.3 Our liability under these Terms is limited to the greater of USD 1,000 or five times the amount paid for the Product giving rise to liability.

17.4 Any claim must be brought within one year from the act or omission giving rise to the claim.

17.5 Claims cannot personally be brought against employees, officers, consultants, or agents.

17.6 All implied warranties are excluded to the fullest extent permitted by law.

17.7–17.14 Additional liability limitations, apportionment rules, exceptions for death, injury, fraud, mandatory legal rights, and exclusive remedies apply as stated in these Terms.

18. Indemnification

18.1 You shall indemnify and fully hold harmless the Indemnified Parties, on first demand, from all claims, costs, and losses of any kind suffered or likely to be suffered by the Indemnified Parties arising from or in connection with:

(a) a material breach by you of any provision of these Terms and Conditions;

(b) fraud, negligence, misconduct, or reckless failure to fulfill your obligations under these Terms; and

(c) your use of our website.

18.2 We shall be entitled to recover from you all costs reasonably incurred by us in connection with any indemnification claim and such costs shall be payable upon demand.

19. Force Majeure

19.1 If a force majeure event lasts longer than one week, we may terminate these Terms immediately by written notice and without liability other than refunding Products already paid for but not delivered.

19.2 We reserve the right to determine a solution at our sole discretion during a force majeure event so that we may continue fulfilling our obligations under these Terms.

20. Changes

20.1 We may amend these Terms from time to time. We will notify you in advance of any significant changes that we believe may disadvantage you. The current Terms apply to your use of our website and all Products offered through our website.

20.2 If you do not agree to the amended Terms, you must stop using our website or purchasing our Products.

20.3 If you have expressly agreed to these Terms, we will request your explicit consent for revisions before your first purchase after the changes take effect. If you do not provide consent within the specified period, you must stop using the Site or purchasing our Products.

21. Your Breach

21.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached them, we may:

(a) send you one or more formal warnings;

(b) temporarily block your access to our website;

(c) suspend processing of an order;

(d) refuse to accept any payment from you;

(e) permanently block your access to our website;

(f) block access from computers using your IP address;

(g) contact your internet service providers and request blocking of access; or

(h) bring legal proceedings against you.

21.2 If we suspend, prohibit, or block your access, you must not attempt to circumvent such restriction.

22. Termination and Suspension

22.1 You may stop using the Site at any time.

22.2 We may suspend providing the Site at any time, with or without cause and with or without notice.

22.3 Without prejudice to section 22.2, we may suspend or terminate access if your use creates or may create legal liability or interfere with others.

22.4 If we suspend or terminate your access, we will attempt to notify you beforehand, but we may act immediately without notice at our discretion.

22.5 We do not guarantee that the website will always remain available or uninterrupted. We may suspend, remove, or restrict availability for business or operational reasons and no compensation shall be payable.

23. Consequences of Termination

23.1 Termination of these Terms immediately ends all customer service obligations.

23.2 Under no circumstances will you be entitled to compensation for loss of rights, goodwill, or any other damages resulting from termination.

23.3 Termination does not affect rights already accrued and Articles 17 (Liability) and 18 (Indemnification) continue to apply.

24. General Provisions

24.1 You may not transfer your rights under these Terms.

24.2 Rights, powers, and remedies under these Terms are cumulative and not exclusive.

24.3 We outsource website hosting to a third party.

24.4 If any provision becomes invalid or unenforceable, the remainder remains valid and enforceable.

24.5 Failure or delay to exercise any right does not constitute waiver.

24.6 Exercise of rights under these Terms does not require consent from third parties.

24.7 These Terms are intended solely for our benefit and yours and are not intended to benefit third parties.

25. Governing Law

25.1 These Terms, their subject matter, and formation (including non-contractual disputes or claims) shall be governed and interpreted according to the laws of the consumer’s country of residence, including:

(a) for consumers residing in France: French law;

(b) for consumers residing in the United Kingdom: the laws of England and Wales.

25.2 Nothing in these Terms limits your mandatory statutory consumer rights in your country of residence. Where a provision conflicts with mandatory consumer rights, those mandatory rights shall prevail.

26. Interpretation

26.1 In these Terms:

“Contract” means your order for one or more Products accepted under these Terms;

“Customer” means any natural person placing an order on the Site;

“Delivery Address” means the delivery address specified in the relevant order;

“Estimated Delivery Date” means an estimated delivery date for an order;

“Force Majeure Event” means any event preventing or delaying performance beyond our reasonable control, including war, natural disaster, pandemic, terrorism, fire, flood, government action, airport/port closures, or unrelated labor disputes;

“Indemnified Parties” means us, each affiliated company, and their officers, employees, subcontractors, and agents;

“Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets, and similar rights;

“Order” means the order placed through our website;

“Order Confirmation” means the email confirming your order;

“Payment Intermediary” means a third-party payment processor;

“Product” means a product offered on our website;

“Website” means the website;

“Website Infrastructure” means all systems (including code) enabling or describing the website.

26.2 References to “sections” refer to sections of these Terms.

26.3 Headings are for convenience only and do not affect interpretation.

26.4 Words in the singular include the plural and vice versa. Gender references include all genders and references to persons include individuals, companies, entities, corporations, or partnerships.

Please email us if you have any questions or comments regarding these Terms, the website, or the products.

Company Name:
Novana – MENOVELLA LLC

Address:
8301 State Line Rd Ste 220 Num 2087,
Kansas City, Missouri 64114,
United States

Email: support@novana.com

Phone: +33 7 56 75 76 89

Opening Hours:
Monday to Friday: 8:00 AM – 8:30 PM