Terms and Conditions

OVERVIEW

Welcome to NOVÁ! The terms “we”, “us” and “our” refer to NOVÁ. NOVÁ 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”). NOVÁ is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or region in which you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully authorized to provide such information.

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

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. However, we cannot guarantee that the colors or appearance of the products will be accurate, as they may vary depending on the device you use to access the store, as well as its settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the representations shown in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. NOVÁ reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until confirmed by NOVÁ. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as NOVÁ may not be able to accommodate cancellation requests once an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was placed.

Returns or exchanges of purchases are only permitted in accordance with our Return Policy [LINK].

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

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotional offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping, handling, customs, or import duties/fees.

Prices displayed in our online stores may differ from prices in physical retail stores or in online stores or other shops operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that may be governed by terms and conditions different from these Terms. In the event of any conflict between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail.

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 information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the prices stated, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

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

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by NOVÁ, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms and Conditions permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you any license or other rights in or to any patents, trademarks, copyrights, or other intellectual property of NOVÁ, Shopify, or any third party, nor may any such rights be inferred from these Terms. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by NOVÁ.

The names, logos, product and service names, designs, and slogans of NOVÁ are trademarks of NOVÁ or its affiliates or licensors. You must not use such trademarks without the prior written permission of NOVÁ. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third-party providers as part of the Services, which we neither monitor nor have any control over.

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 disclaim any liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for becoming familiar with and accepting the terms and conditions under which such 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 shall also be considered part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

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

We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

NOVÁ is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are entered into directly with NOVÁ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and NOVÁ, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from any and all liability for claims, damages, and obligations arising from or related to your purchases and transactions with NOVÁ.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.

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 provide and improve the Services for you. Data you submit through the Services will be transmitted to Shopify and to third-party providers who may be located in countries other than your country of residence, in order to provide the Services to you. Please refer to our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “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 purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, expand, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms and Conditions.

You further represent and warrant that: (i) you own all rights in the Feedback or otherwise have all necessary rights to provide it; (ii) you have disclosed any compensation or incentives you received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms and Conditions.

We are under no obligation to (1) maintain any Feedback in confidence, (2) pay compensation for any Feedback, or (3) respond to any Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms and Conditions.

You represent and warrant that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material, and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You must not use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and disclaim all liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NOVÁ, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in any spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

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

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without 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.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly