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This website is operated by NOVARCK. Throughout the site, the terms “we”, “us” and “our” refer to NOVARCK. This website, including all information, tools and services available from this site to you, the user, is offered by us on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from our company, you are participating in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Use”), including the terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, visitors, vendors, customers, merchants and/or content providers. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature added to this store is also subject to the Terms of Use. You can review the most 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 such updates and/or changes on our website. It is your responsibility to check this page from time to time to see whether any changes have been made. By continuing to access or use the website after changes are posted, you agree to those changes. Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS OF USE
By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or state and that you have given us permission to allow any minor under your care to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and that this includes (a) transmissions over various networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information offered on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information purposes only and should not be regarded or used as the sole basis for making decisions without consulting more important, more accurate, more complete, or more current sources of information. If you rely on the content of this site, you do so at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information it contains, of any kind. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time and without notice.
We shall not be liable to you or any third party for any price change, or for any modification, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange strictly in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products appearing in the store. However, we cannot guarantee that your computer monitor will display colors accurately. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and their pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and any other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed. For more information, please see our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own discretion and risk. In addition, it is your responsibility to familiarize yourself with and approve the terms on which these tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new services and/or features will also be subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
Some content, products, and services accessible via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, and we do not warrant and assume no liability for any third-party materials or websites, or for any other materials, products, or services of third-party sources. We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction connected with these third-party websites. Please carefully read the policies and practices of these third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.
SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “comments”), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and use in any medium any comments that you send to us. We are and shall be under no obligation (1) to keep any comments confidential; (2) to compensate anyone for any comments provided; or (3) to respond to any comments. 7. We may, but are not obligated to, remove content and Accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or intellectual property rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order). We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information offered in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to the other prohibitions set out in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that compromises the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of the Service or any related website, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or represent in any way that your use of our Service will be uninterrupted, secure, timely, or error-free. We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, regarding merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of the Service, or your inability to use it, is at your own risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, regarding merchantability, fitness for a particular purpose, durability, title, and non-infringement. We cannot be held liable for any damages, including but not limited to any direct, indirect, incidental, special, consequential, or punitive damages, any loss of profits, revenue, data, replacement costs, or similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, resulting from your access to or use of the Service, any product or service obtained through the Service, or any other matter relating to the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions, our liability shall be limited to the fullest extent permitted by law. You agree that, to the fullest extent permitted by applicable law, our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall in no case exceed the amount that you have paid us you have paid for use of the Service or for the purchase of any product or service through the Service, or 100 euros (EUR), whichever is greater.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined 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 Use, without affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you stop using our site. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with 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 deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. These Terms of Use and any other policies or operating rules 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 any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, prior versions of the Terms of Use). Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Use and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the laws in force in the country where we are established.
SECTION 19 – CHANGES TO THE TERMS OF USE
You can review the most recent version of the Terms of Use 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 Use by posting updates and changes on our site. It is your responsibility to check our site regularly for any changes. Your continued use of or access to our site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to us by email.