Termos de serviço

Overview

Welcome to noverlla! The terms “we,” “us” and “our” refer to noverlla. noverlla 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”). noverlla is powered by Shopify, which provides us the online e-commerce platform that allows us to offer the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as the warranty disclaimer and limitation of liability.

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

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given your consent for any of your minor dependents to use the Services on any device that you own, lease or control.

To use the Services—including accessing or browsing our Online Store or purchasing any of our products—you acknowledge that the Online Store is your preferred shopping location. To make a purchase of the products or services we offer, you may be asked to provide certain information, including your email address, financial, payment, and shipping information. You represent and warrant that all information provided by you to our store is current, complete and accurate, and that you have all rights necessary to provide the information.

You alone are responsible for maintaining the security of your account credentials and for any 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 accurately display our products and services on our online store. However, please note that the colors or appearance of a product may vary depending on your device’s display settings or the type of device you use to view the store. We cannot guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to what is shown on our Online Store.

All product descriptions 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 and to limit the quantities of any products that we offer to any person, geographic region or jurisdiction.

Section 3 - Orders

When you place an order, you are making an offer to buy. noverlla reserves the right to accept or decline your order at our sole discretion for any reason. Your order will not be considered accepted until noverlla confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, because noverlla may not be able to accommodate requests to cancel an order after it has been accepted. In the event that we do not accept, change, or cancel your order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are returnable or exchangeable only in accordance with our refund policy [LINK]. You represent and warrant that your purchases are for your personal or household use only, and not for any commercial resale or export.

Section 4 - Pricing and Payment

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

The prices displayed on our Online Store may be different from the prices offered in physical stores or other online or third-party retail outlets. From time to time, we may offer promotions for the Services which affect the pricing and are governed by terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all transactions in our stores. You agree to promptly update your account and other information, including 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 supply is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by the issuer of your credit card; and (iv) you will pay all charges incurred by you at the prices posted, including any applicable shipping and handling fees and all applicable taxes.

Section 5 - Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we deliver the products to the carrier, title and risk of loss pass to you.

Section 6 - Intellectual Property

The Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product evaluations, video and audio, and the design, selection and arrangement thereof, are owned by [Merchant], its affiliates or licensors, and are protected by U.S. and foreign patents, copyrights and other intellectual property laws.

These Terms permit you to use the Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright or other intellectual property of [Merchant], Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved by [Merchant].

The names, logos, product and service names, designs and slogans of [Merchant] are trademarks of [Merchant] or its affiliates or licensors. You must not use such trademarks without the prior written permission of [Merchant]. The name, logo, product and service names, designs and slogans of Shopify are the 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

We may provide you with access to third-party tools over which we do not monitor or have any control or input. 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 will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of such optional tools offered through the site is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which these tools are provided by their respective providers. In the future we may also offer new features and/or functionality through the Services (including the launch of new tools and resources). Such new features and/or functionality shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain content and links to third-party websites and services (including any third-party functionality). We do not review or control and assume no responsibility for, and do not endorse, such third-party content. If you decide to leave the Services and access any third-party site or content, you do so at your own risk.

We will not be liable for any damages or loss caused by or related to your use of, or reliance on, any third-party site, product, service, content or resource. Please review the policies and practices of any third parties carefully before engaging in any transaction. Any questions, complaints or claims regarding any third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
noverlla is powered by Shopify, which provides us the online e-commerce platform that enables us to provide the Services to you. However, all sales and purchases made through our store are between you and [Merchant]. You acknowledge and agree that Shopify is not a party to any transactions between you and [Merchant]. Shopify will not be liable for any claim, loss, or damage arising from any of your transactions with [Merchant]. You hereby expressly release Shopify and its affiliates from any claims, damages or liabilities arising from or related to your purchase and transaction with [Merchant].

Section 10 - Privacy Policy

All personal information you submit through the Services is subject to our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here [LINK]. By using the Services, you agree to be bound by our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access and use of the Services in order to provide and improve the Services. Any personal information you provide to the Services will be transmitted to and shared with Shopify and third-party providers that may be located in a country different from yours, for the purposes of providing the Services to you. Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you send, post, transmit or otherwise provide us with any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you hereby grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use. For example, we may use the Feedback under this license to operate, provide, evaluate, improve, enhance and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise control all of the rights to the Feedback you submit; (ii) you have disclosed any compensation or incentives you received or expect to receive in connection with providing the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation to: (1) keep any Feedback confidential; (2) pay you any compensation for your Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit or remove any Feedback, at our sole discretion, that we consider to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable or that violates the intellectual property rights of others or these Terms.

You agree that your Feedback will not violate any rights of any third party, including any copyright, trademark, privacy, publicity or other personal or proprietary rights. You also agree that your Feedback will not contain any libelous, unlawful, abusive or obscene content, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related site. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility or liability for any Feedback submitted by you or any other party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Services or any related website is inaccurate, at any time and 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 agree not to access or use the Services in any way that:

• (a) violates any applicable law or regulation;
• (b) infringes or violates our intellectual property rights or those of any third party;
• (c) harasses, abuses, insults, harms, defames, slanders, disparages, intimidates or threatens any of our employees or any other person;
• (d) involves false or misleading information;
• (e) involves knowingly transmitting or uploading any material that does not comply with these Terms;
• (f) involves transmitting or facilitating unsolicited advertising or promotional material (such as junk mail, chain letters, spam or similar solicitations);
• (g) involves impersonating or attempting to impersonate another person or entity; or
• (h) involves engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that could harm us or the users of the Services or expose them to liability, as determined by us.

In addition, you agree not to:

• (a) upload or transmit any viruses or malicious code that would disrupt or impair the functionality of the Services;
• (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
• (c) harvest or collect personal information from other users of the Services;
• (d) send unsolicited email, phishing, pharming or any other form of solicitation through the Services;
• (e) use any robot, spider, scraper, data mining tool, or any other automated means to access the Services; or
• (f) attempt to interfere with or bypass any security or access restrictions in the Services.

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

Section 14 - Agents

• 14.1 This section (“Agent Terms”) applies if you use, enable or cause the deployment of any Agent to access, use, or interact with any of the Services. “Agent” means any software or service that executes actions autonomously or semi-autonomously on behalf of, or under the direction of, any person or entity and that can operate on behalf of, or using the device or account of, a person, without supervision.
• 14.2 No Agent may access, use or interact with the Services unless, at all times, the Agent identifies itself and operates in strict compliance with the requirements of Section 14.4 below. Also, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any of the Services.
• 14.3 We may limit (including through technical measures) how any Agent accesses, uses and interacts with the Services.
• 14.4 Agents must: (i) in all HTTP/HTTPS requests, identify the request as coming from an agent and disclose the agent’s name by including the following in the User-Agent string of the request: "Agent/[agent name]"; (ii) not hide or obscure that any access, use or interaction is by an agent, such as (a) by imitating human behavior and interaction patterns, or (b) by filling out or bypassing a CAPTCHA or other measure intended to distinguish computer usage from human usage; (iii) respond truthfully to any request or prompt aimed at determining whether the interaction is being performed by a human or a computer; (iv) not otherwise circumvent or avoid any measure intended to block, limit, modify or control whether and how agents access, use or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part of them) at any time, at our sole discretion, without notice, and you will remain responsible for all amounts due through the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Warranty Disclaimer

The information presented through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability for loss or damage arising from the use of such materials by you or anyone else.

EXCEPT AS EXPRESSLY PROVIDED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Section 18 - Indemnification

You agree to indemnify, defend and hold harmless noverlla, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any and all losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising from or related to (1) your violation of these Terms of Service or any documents they incorporate by reference; (2) your violation of any law or the rights of any third party; or (3) your access to and use of the Services.

We will notify you of any claim that is subject to indemnification. The failure to provide notice will not waive your obligations unless you are materially prejudiced. We reserve the right to assume control of the defense and settlement of any claim subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses. You will not settle any claim that imposes any financial or other obligation on us without our prior written consent.

Section 19 - Severability

If any provision of these Terms of Service is found to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms shall remain in full force and effect.

Section 20 - Waiver; Entire Agreement

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed to the disadvantage of any party.

Section 21 - Assignment

You may not assign, transfer or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 - Governing Law

These Terms of Service and any separate agreement by which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which noverlla is headquartered. You and noverlla agree to submit to the personal jurisdiction and venue of the courts located in that jurisdiction.

Section 23 - Headings

The section titles used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of the Terms of Service 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 Service by posting updates and changes on our site. It is your responsibility to check our site periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will be effective immediately upon posting on the site or on the date specified in the notice. Your continued use of or access to the Services after any such changes constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about the Terms of Service should be sent to Suporte@noverlla.com. Our contact information is below:
company: Noverlla
Suporte@noverlla.com
website: https//noverlla.com
870 Horizon Circle  Tacoma washington