TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

This website is operated by Nevova. Throughout the site, we use the terms "we", "our" and "us" in reference to Nevova. This website, including all information, tools and services it provides access to, is offered by Nevova to you as a user, provided that you accept all the terms, conditions, policies and notices stipulated here.

By visiting our site and/or purchasing something from our company, you participate in our "Service" and agree to be bound by the following terms and conditions ("General Conditions", "Terms of Use"), including the terms, conditions and policies referenced herein and/or accessible by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing and using our website. By accessing any part of the Site or using it, you agree to be bound by these Terms of Use. If you do not accept 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 of the new tools or features that are added to this store is also subject 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 to update, modify or replace any part of these Terms of Use by publishing said updates and/or modifications on our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access the website or use it after the publication of modifications, you accept them.

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 accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or state and have given us permission to allow any minor in your care to use this site.

You must not use our products for illegal or unauthorized purposes, nor violate any laws in your jurisdiction when using the Service (including, but not limited to, copyright laws).

You must not transmit computer worms, viruses or any code of a destructive nature.

A breach or violation of any of the Conditions will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (except for credit card information) may be transferred without encryption and that this includes (a) transmissions over multiple networks; and (b) changes made to comply with and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 reference purposes only and will not limit or affect these Conditions in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be held responsible if the information offered on this site is inaccurate, incomplete or outdated. The content of this site is provided for general information purposes only and should not be considered or used as the sole basis for decision-making 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 purposes 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, whatever it may be. You acknowledge that it is your responsibility to monitor changes made 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 end the Service (or any part of it) at any time and without notice.

We shall not be held responsible to you or any third party for any price change, or for any modification, suspension or interruption of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may have 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 that appear in the store. We cannot, however, guarantee the accuracy of color display on your computer screen.

We reserve the right, without being obliged to do so, 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 products or services that we offer. All product descriptions and 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 product or service offer on this site is void where prohibited by law.

We do not guarantee that the quality of products, services, information or other materials that you purchase or procure will meet your expectations, or that any errors that the Service may contain 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, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our opinion, 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 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 "subject to availability", without warranty, representation or condition of any kind and without any endorsement. We shall not be held responsible for anything that may result from or be connected to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your discretion and at your own risk. Moreover, it is your responsibility to familiarize yourself with the conditions under which these tools are provided by the relevant third-party provider(s) and to accept these conditions.

We may also offer new services and/or features through the website in the future (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS

Some content, products and services accessible via our Service may include elements from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we guarantee or assume any responsibility for the content or websites, or for other content, products or services from third-party sources.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction related to these third-party websites. Please read carefully the policies and practices of these third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be addressed to those same third parties.

ARTICLE 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by email, by mail or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media any comments you transmit to us. We are not and shall not in any case be bound (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comment provided; or (3) to respond to comments.

1. We may, but are not obligated to, remove content and Accounts containing content that we judge, at our sole discretion, to be illegal, 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 must not in any way infringe upon the rights of third parties, including copyright, trademarks, privacy, personality or any other personal or intellectual property right. You further agree that your comments shall not contain any illegal, injurious or obscene material, nor any computer virus or other malicious software that may 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 comments. You are fully responsible for all comments you make and for their accuracy. We disclaim any responsibility for comments published by you or a third party.

ARTICLE 10 - PERSONAL INFORMATION

The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our site or in the Service containing typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information, or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have placed your order).

We are not required to update, modify 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 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.

ARTICLE 12 - PROHIBITED USES

In addition to the other prohibitions stated in the Terms of Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to perform or participate in illegal acts; (c) to violate any local ordinance or 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 based on 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 to compromise 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, hijack a domain, extort information, browse, explore or scan the web; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for having violated the prohibitions regarding use.

ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, certify or declare 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 by 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, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through it are (except as expressly stated by us) provided "as is" and "subject to availability" for your use, without representation, 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.

Nevova, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenue, savings or data, replacement costs or other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any service or product procured using it, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of their occurrence.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nevova and our parent company, 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 reference, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use shall remain in effect unless and until terminated by you or 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 cease to use our site.

If we judge or suspect, at our sole discretion, that you are not complying with or have not complied with any term or provision of these Terms of Use, we may also terminate this agreement at any time and without notice. You will then remain responsible for all amounts due up to and including the termination date, as a result of which we may deny you access to our Services (or part thereof).

ARTICLE 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 or any other policy or operating rule that we post on this site or that concerns the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior and current agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 - APPLICABLE LAW

These Terms of Use, as well as any separate agreement whereby we provide you with the Services are governed by and construed in accordance with the laws.

ARTICLE 19 - CHANGES 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 publishing said updates and/or modifications on our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access our website and the Service or use them after the publication of modifications to these Terms of Use, you accept them.

ARTICLE 20 - CONTACT INFORMATION

Questions regarding the Terms of Use should be sent to us at info@nevova-shoes.com.

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By accepting SMS marketing from Nevova at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers and transactional texts, including requests for reviews from us, even if your mobile phone number is registered on a state or federal do-not-call list.

Message frequency varies. Consent is not a condition of purchase. If you wish to stop receiving text marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you in one of our messages.

You understand and agree that alternative methods of opting out, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please text HELP to the number from which you received messages. You can also contact us at info@nevova-shoes.com for more information.

We have the right to modify at any time any phone number or short code we use to operate the service. You will be informed of this.

You agree that messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received and we are not obligated to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we are not responsible for missed, delayed or misdirected delivery of any information sent through the service, any errors in this information, and/or any action you may or may not take based on the information or service.

Your right to privacy is important to us. You can consult our privacy policy to find out how we collect and use your personal information.