Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Nuvella! The terms “we”, “us” and “our” refer to Nuvella. Nuvella operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Nuvella is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these “Terms” or “Terms of Service”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [INSERT PRIVACY POLICY LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our 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, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We have made every effort to display as accurately as possible the colors, features, specifications, and details of our products in our store. However, we do not guarantee that product descriptions, images, colors, brightness, dimensions, or other content are accurate, complete, reliable, current, or error-free, and your device’s display may affect how products appear.

Our products, including wireless LED strobe lights, remote controls, rechargeable components, and related accessories, are intended for normal consumer use only and must be used in accordance with any instructions provided. Product performance may vary depending on installation, environment, charging practices, operating conditions, and handling.

Any reference to water resistance or “waterproof” applies only to normal intended use and does not cover damage caused by misuse, abuse, improper installation, unauthorized modifications, improper charging, accidents, excessive exposure, intentional submersion beyond intended use, normal wear and tear, or use contrary to instructions.

Battery life, charging time, brightness, color appearance, and water-resistance performance may vary depending on usage conditions and other factors.

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 may limit quantities available for purchase by any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Nuvella reserves the right to accept, refuse, limit, or cancel any order for legitimate business reasons, including but not limited to product or pricing errors, suspected fraud, suspected unauthorized resale, inventory issues, or issues identified with payment, billing, or shipping information.

Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after an order has been accepted.

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

Your purchases are subject to our Refund Policy [INSERT REFUND POLICY LINK].

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export, unless we expressly agree otherwise in writing.

SECTION 4 - PRICES AND BILLING

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 the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, import taxes, VAT, brokerage fees, or similar charges. Customers are responsible for any such charges imposed by the destination country or any applicable authority, unless otherwise expressly stated at checkout.

Prices posted in our online store may differ from prices offered elsewhere, including in stores operated by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you if needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping, taxes, and any other applicable charges.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided on our website, at checkout, or in customer communications are estimates only unless expressly stated otherwise. We do not guarantee delivery dates.

We are not responsible for shipping or delivery delays caused by carriers, customs, weather events, force majeure, supply chain disruptions, local delivery issues, or other circumstances beyond our reasonable control. However, nothing in these Terms limits any rights you may have under applicable consumer protection laws.

Risk of loss or damage to products passes to you upon delivery to the shipping address provided in your order, subject to applicable law.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders that are delayed, lost, misdelivered, or returned due to incorrect or incomplete shipping information provided by you.

SECTION 6 - INTELLECTUAL PROPERTY

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

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, 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 grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property of Nuvella, Shopify, or any third party.

Nuvella’s names, logos, product names, service names, designs, and slogans are trademarks of Nuvella or its affiliates or licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control nor have input into.

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 risk and discretion, and you should 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 features, tools, or resources through the Services. Such new features, tools, or resources shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or links to websites, content, products, or services provided by third parties. We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party materials or websites.

If you access third-party websites from our Services, you do so at your own risk. We are not liable for any harm or damages related to your access to or use of any third-party websites, or your purchase or use of any products, services, resources, or content from such websites.

Please review carefully the third party’s policies and practices before engaging in any transaction with them. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

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

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [INSERT PRIVACY POLICY LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and certain third parties, which may be located in countries outside your country of residence, as necessary to provide services to you.

By using the Services, you acknowledge that you have read and understood our Privacy Policy and, where applicable, Shopify’s Privacy Policy.

SECTION 11 - FEEDBACK AND USER CONTENT

If you submit, upload, post, email, or otherwise transmit any suggestions, feedback, reviews, testimonials, proposals, ideas, photos, videos, or other content (collectively, “Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback in any medium for lawful business purposes, including customer communications, marketing, advertising, service improvement, and store operations, subject to applicable privacy laws.

You represent and warrant that: (i) you own or control all rights in the Feedback or otherwise have the right to grant the license above; (ii) your Feedback is accurate and not misleading; (iii) your Feedback does not violate these Terms or any law; and (iv) your Feedback does not infringe or violate the rights of any third party.

We are under no obligation to maintain any Feedback in confidence, pay compensation for it, or respond to it.

We may, but are not obligated to, monitor, edit, remove, or refuse to publish Feedback that we determine in our reasonable discretion to be unlawful, misleading, offensive, defamatory, infringing, abusive, obscene, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after you have submitted your order.

Nothing in this section limits any mandatory rights you may have under applicable consumer protection laws.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable international, federal, state, provincial, territorial, or local law or regulation;
(c) to infringe upon our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, intimidate, defame, slander, disparage, or harm us, our employees, or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware, or other malicious code;
(g) to send spam, phishing messages, or other unsolicited communications;
(h) to impersonate any person or entity or misrepresent your affiliation with any person or entity;
(i) to use any robot, spider, scraper, crawler, automated system, or data extraction method to access the Services without our prior written consent;
(j) to interfere with, bypass, or circumvent the security or integrity of the Services.

We reserve the right to suspend, restrict, or terminate your access to the Services if we believe you have violated these Terms.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of any software, bot, script, or agent (“Agent”) to access, use, or interact with the Services.

14.2 No Agent may access, use, or interact with the Services unless it clearly identifies itself as an automated system and complies with all requirements we may impose.

14.3 We may limit, block, or control whether and how any Agent may access, use, or interact with the Services, including through technical measures.

14.4 Agents must not conceal or misrepresent their automated nature, mimic human behavior to evade detection, bypass CAPTCHAs or similar measures, or circumvent any restrictions or access controls we implement.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services, or any part of them, at any time and for any legitimate reason, including if we believe you have violated these Terms.

Any obligations and liabilities incurred by the parties before termination shall survive termination for all purposes.

The following sections shall survive termination: Intellectual Property, Feedback and User Content, 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.

SECTION 16 - 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 at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Nuvella, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Nuvella, its affiliates, partners, officers, directors, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs, arising out of or relating to your use of the Services or any products purchased through the Services.

To the fullest extent permitted by applicable law, our total liability for any claim arising out of or relating to the Services or any products purchased through the Services shall not exceed the amount paid by you for the product or service giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such exclusion is prohibited by law.

Nothing in these Terms affects any mandatory consumer rights you may have under applicable law.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Nuvella, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

(1) your breach of these Terms or any policies incorporated into these Terms;
(2) your misuse of the Services;
(3) your violation of any applicable law or the rights of any third party; or
(4) any content or information you submit, post, or transmit through the Services.

We will notify you of any such claim as appropriate. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in asserting any available defenses.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such 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, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

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

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations under them without our prior written consent.

We may assign, transfer, or delegate these Terms and any of our rights or obligations under them at any time, provided that such transfer does not reduce any mandatory consumer rights you may have under applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.

However, if you are a consumer residing in a jurisdiction that provides you with mandatory consumer protection rights, nothing in these Terms shall deprive you of those mandatory rights under the laws of your country of residence.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state or federal courts located in New Mexico, United States, unless otherwise required by applicable consumer protection law.

SECTION 23 - HEADINGS

The headings used in these Terms 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 these Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services after any changes become effective constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:
nuvellamailer@gmail.com

Our contact information is:

Nuvella
Email: nuvellamailer@gmail.com