Terms of service

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 conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from our company, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional 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 users who are browsers, vendors, customers, merchants and/or content contributors. 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, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new tools or features added to this store will also be 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, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of 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 – TERMS OF USE OF THE ONLINE STORE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your region, province or state, or that you are the age of majority in your region, province or state and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to 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 an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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 authorization.

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 made available on this site is inaccurate, incomplete or outdated. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more important, more accurate, more complete or more current sources of information. Any reliance you place on the content of this site is 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 content of this site at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Our product prices 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)

Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and their return or exchange may be strictly subject to 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 the accuracy of the colors displayed on your computer screen. 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 and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service 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, nor 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 you via the email address and/or the billing address or phone number provided at the time of ordering. 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 as 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 such 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. You should also ensure that you are familiar with and approve of the terms on which such 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 shall also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include elements 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 responsibility for any content or websites, or for any other content, products, or services from third-party sources. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction related to such third-party websites. Please carefully review 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 third parties.

SECTION 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (for example, in connection with 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 otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to keep comments confidential; (2) to compensate anyone for any comments provided; or (3) to respond to comments. 7. We may, but we are not obliged to do so, remove content and Accounts containing content that we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates a party's intellectual property or these Terms of Use. You agree that your comments must not in any way infringe upon the rights of third parties, including copyright, trademark, privacy, personality, or any other personal or intellectual property right. You further agree that your comments will not contain any illegal, abusive, or obscene material, nor any computer virus or other malicious software likely to affect in any way 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 try to mislead us or third parties as to the origin of the comments. You are solely responsible for all comments you make and their accuracy. We disclaim any liability for comments posted by you or a third party.

SECTION 10 – PERSONAL INFORMATION

The transmission 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 sometimes be information on our site or in the Service containing typographical errors, inaccuracies, or omissions relating to 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 not required to update, amend, or clarify information indicated in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or to any related website may 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 unlawful purposes; (b) to induce third parties to carry out unlawful acts or to participate in them; (c) to violate any local ordinance or any international, federal, provincial, or state regulation, rule, or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of sex, 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 could be used to compromise the functionality or operation of the Service or of any related website, as well as other websites or of the Internet; (h) to collect or track others’ personal information; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features 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 any prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant, guarantee, 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 delivered 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 implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the maximum 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 implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the maximum 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 shall not be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of revenue, loss of data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your access to or use of the Service, any product or service obtained through the Service, or any other matter related 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 such States or jurisdictions, our liability will be limited to the extent permitted by law. You agree that, to the maximum 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, will in no case exceed the amount you paid us 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

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the maximum 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 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 to comply, or if 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 shall not constitute a waiver of such right or provision. These Terms of Use or any other policies or operating rules that we post on this site or in relation to 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 by which we provide Services to you shall be governed by and construed in accordance with the laws in force in the country where we are established.

SECTION 19 – MODIFICATIONS TO THE TERMS OF USE

You can view 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, modify, 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 to see whether any changes have been made. Your continued use of or access to our site following the posting of any change 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.