These Terms and Conditions (“T+Cs”), as amended from time to time, govern your access and use of the online store webpages (“Site”) at https://www.NOUVAAFRICA.com that directly link to these Terms, including, without limitation, any purchases you make via the Site. YOU ENTER INTO A BINDING CONTRACT BASED ON THESE TERMS WITH NOUVA AFRICA LTD a subsidiary of NOUVA Inc (“NOUVA”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.

 

GOVERNING LAW AND CHOICE OF FORUM

These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the UNITED STATES, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods.

 

DISCLAIMERS AND LIMITATIONS

Site use and any purchase is “as is” and at your own risk. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. PRODUCT DESCRIPTIONS AND PHOTOS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY MATCH THE PRODUCTS, GIVEN THEIR UNIQUE CHARACTER AND FREQUENT CHANGES IN DESIGN. WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR CANCELLATION, RETURN AND STORE CREDIT POLICIES.

Our liability shall be limited. NOUVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, OR REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF NOUVA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF NOUVA TO YOU FOR ANY TYPE OF DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $25.00.

Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.

ACCESS AND USE

Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the NOUVA Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.

Limited license. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deeplinking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.

 

PURCHASE OF PRODUCTS

Quantities. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.

Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.

Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax. We accept the following forms of payment for purchases made through the Site. Store credits issued by NOUVA.

Delivery. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse. For security reasons, all purchases from the Site require an adult signature upon delivery.

Cancellations, returns. We do not accept any cancellations or returns, except as specified in our Cancellation, Return and Store Credit Policies or required by applicable law.

GENERAL TERMS AND CONTACT INFORMATION

Changes. We may change our prices, products, these Terms, our Cancellation, Return and Store Credit Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.

Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.

Entire agreement. These Terms and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Contact information. This Site is operated, and all sales are made by NOUVA AFRICA LTD. by email: clients@NOUVAAFRICA.com.

CANCELLATION, RETURN AND STORE CREDIT POLICY

1. Cancellations, Returns, Exchanges and Store Credits

1.1 Cancellations: You can cancel your order until the date of shipping for any reason free of charge and we will not charge your credit card.  This includes pre-order items which may be cancelled up until shipment.

1.2 Cancellations cannot be made on or after the date of shipping and you will be charged the full amount for your order.  Personalized products cannot be cancelled once ordered, as they may be in process of being customized.

1.3 Returns for Exchange or Store Credit Only: Products purchased through the site may be returned for exchange or store credit only (NO REFUNDS), within fifteen (15) days from the date of the shipping confirmation except for the Personalized Products, which are non-returnable. The Products must be returned: (i) in their original condition with all tags still attached, including but not limited to, all identification tags, security tags and authenticity cards; (ii) in their original packaging; (iii) complete with all of their parts and accessories and (iv) with the original proof of purchase. Incomplete, damaged, worn or altered items will not be accepted. Further, in the event a product has a security tag and is returned without the security tag attached to the product, the product will not be accepted for return. We reserve the right to designate items that are not eligible for return or refund on the website.

1.4 Returns to NOUVA: In addition to the above conditions, please follow the instructions below for processing your return(s) for an exchange or store.

To return your item for a full exchange or store credit, please send email to clients@nouvaafrica.com. Your email should include a scanned original proof of purchase.

Please note that if you utilize a carrier other than the one indicated in the return instructions included inside the package you receive from us, or if you fail to comply with the above, you will be responsible for all shipping and handling charges. Further, you shall solely and exclusively bear any and all risks associated with the return shipping and we shall in no event be liable for the loss, destruction, damage, misdirected or delayed shipment of any returned products.

Please further note that we will not issue any refunds for returns that do not satisfy all of the conditions outlined above, and will ship your merchandise back to you at the original shipment address provided in your order. In the event that your merchandise cannot be delivered to you at your original shipping address, you authorize NOUVA, and any of its affiliates or agents, to dispose of such merchandise.

Upon our receipt of your return package, we will verify the integrity of the items before accepting your return and processing the exchange or store credit. Please note that this process may take between 5 and 10 days. We will send you a confirmation email as soon as we have begun processing the exchange or store credit.

1.5 In Store Returns

(i) You may exchange your item for another item, or return it for store credit, at any of our free-standing retail stores, within five (5) days of purchase.

(ii) You must present the original proof of purchase at the time of the exchange.

(iii) If you elect to exchange your item for an item that is lower in value, you will receive store credit for the difference. If you exchange your item for an item that is greater in value, you will be charged the difference. You will be responsible for all associated sales tax(es) on the exchanged item(s).

(iv) A return for refund is not available in store.

1.6 WE RESERVE THE RIGHT TO DESIGNATE NON-RETURNABLE PRODUCTS ON THE SITE. ANY SUCH DESIGNATION MAY BE NOTED ON THE WEB PAGE DISPLAYING THE RESPECTIVE PRODUCTS WHICH ARE NONRETURNABLE. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.

SHIPPING AND DELIVERY

We generally ship our online orders within 2 to 4 business days. However, the above-mentioned delivery terms are not guaranteed.

Products expressly marked on the Website as “Pre Order” or “Personalized Products” are not immediately available for shipment.  Upon order placement, client services will send you an email confirming the lead time for your Pre Order or Personalized Products and the estimated delivery date.

NOUVA shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery. You will receive the Products separately upon their availability to be shipped, unless you have selected on the Website the option to receive the Order as a whole. As soon as your order ships you will receive an email with the tracking number plus a link to follow the delivery status. In addition, you will receive an email confirming when your order is delivered.

If you have questions or would like more information, please contact us at clients@NOUVAAFRICA.com.