Terms of service

I. GENERAL TERMS OF SERVICE

ARTICLE 1. LEGAL INFORMATION

By virtue of Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.

The novapure-us.com website is published by :

Mel & Co Global, whose registered office is located at the following address: 2730 Southwest 3rd Avenue, STE 306, Miami, FL 33129

Telephone: (888) 819-3110 / E-mail address: info@novapure-us.com

The novapure-us.com website is hosted by :

Shopify Inc, whose registered office is located at the following address

150 Elgin Street, 8th Floor, Ottawa, ON K2P 1L4, Canada

Telephone number: +1 855 816 3857

ARTICLE 2. SITE PRESENTATION

The purpose of the novapure-us.com site is: The sale of food supplements.

ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the publisher at the following e-mail address: info@novapure-us.com or send a registered letter with acknowledgement of receipt to: Mel & Co Global - 2730 Southwest 3rd Avenue, STE 306, Miami, FL 33129

ARTICLE 4. TERMS OF USE ACCEPTANCE

Access to and use of the Site are subject to acceptance of and compliance with these Terms of Service.

The publisher reserves the right to modify, at any time and without prior notice, the site and its services as well as these Terms of Service, in particular to adapt to changes in the site by making new features available or removing or modifying existing features.

Users are therefore advised to refer to the latest version of the Terms of Service, which can be accessed at any time on the site, before browsing. In the event of disagreement with the Terms of Service, the user may not use the site.

ARTICLE 5. ACCESS AND BROWSING

Access to and use of the site are reserved for persons of legal age. The publisher is entitled to request proof of the user's age by any means.

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages thereof in order to carry out updates, modifications to its content or any other action deemed necessary for the proper operation of the site.

Connecting to and browsing the novapure-us.com website implies unreserved acceptance of these Terms of Service, regardless of the technical means of access and the terminals used.

These Terms of Service shall apply, as appropriate, to any variation or extension of the site on existing or future social and/or community networks.

ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the publisher may at any time:

Suspend, interrupt or limit access to all or part of the site, restrict access to the site, or to certain parts of the site, to a specific category of Internet user;
Delete any information that may disrupt the operation of the site or contravene national or international laws;
Suspend the site in order to carry out updates.

ARTICLE 7. RESPONSIBILITIES

The publisher is only responsible for the content that it has itself published. The publisher is not responsible for:

In the event of technical or IT problems or failures or the compatibility of the site with any hardware or software whatsoever;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and security of the information circulating on it;
Illegal content or activities using the site, without the user having been duly informed, in accordance with Law no. 2004-575 of 21 June 2004 on confidence in the digital economy and Law no. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness or topicality of the information published on it.

The user is responsible for :

The protection of their equipment and data;
The use they make of the site or its services;
If they fail to comply with these Terms of Service.

ARTICLE 8. HYPERTEXT LINKS

The Website may contain hypertext links to other websites over which novapure-us.com has no control. Despite prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that may be found on these sites.

The publisher authorises the creation of hypertext links to any page or document on its site, provided that these links are not created for commercial or advertising purposes.

In addition, the publisher of the site must be informed before any hypertext link is set up.

Excluded from this authorisation are sites disseminating information of an illicit, violent, controversial, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.

Finally, novapure-us.com reserves the right to remove at any time a hypertext link pointing to its site, if the site considers that it does not comply with its editorial policy.

ARTICLE 9: CONFIDENTIALITY

In addition to these General Terms of Service, the site has a confidentiality policy which describes the way in which personal data is processed when the user visits the site, as well as the way in which cookies are used.

By browsing the site, the user declares that he/she has also read the aforementioned privacy policy.

ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS

The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the intellectual property laws in force.

Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code.

With the exception of elements expressly designated as free of rights on the site. Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.

Users are prohibited from introducing data to the site that would modify or be likely to modify its content or appearance.

ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms of Service are governed by US law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the Florida courts in accordance with the rules of jurisdiction in force.

II. GENERAL TERMS AND CONDITIONS OF SALE

The site is published by the vendor, Mel & Co Global, whose registered office is located at the following address 2730 Southwest 3rd Avenue, STE 306, Miami, FL 33129.

The purpose of the following provisions is to define the general terms and conditions of sale on the novapure-us.com website.

These general terms and conditions of sale (hereinafter ‘GTCS’) define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products. The GTCS govern exclusively the relationship between the seller and the customer. The GTCS express the entirety of the obligations of the parties. The customer is deemed to accept them unreservedly, failing which the order will not be validated.

If there is any doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in Florida and the Consumer Code shall apply.

The seller reserves the right to amend the GTCS from time to time. Amendments will be applicable as soon as they are posted online.

ARTICLE 1. CATALOGUE OR ONLINE SHOP

Through the site, the seller provides the customer with a catalogue or online shop accurately presenting the products sold, without the photographs having any contractual value.

The products are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the seller may not be held liable.

Products are offered while stocks last.

The prices relating to the sale of products are specified in the catalogue or online shop.

ARTICLE 2. PRICES

The seller reserves the right to modify its prices at any time by publishing them online.

Only the prices in force at the time of the order will apply, subject to availability of the products on that date.

Prices are given in us dollars (inclusive of all taxes) and do not include delivery charges, which are invoiced in addition. Delivery costs are indicated before the customer confirms the order.

Prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will automatically be reflected in the price of the products in the catalogue or online shop. If one or more taxes or contributions, particularly environmental, were to be created or modified, either upwards or downwards, this change could be passed on to the sale price of the products.

The total amount of the order (including all taxes) and delivery charges, is indicated before final validation of the order form.

The full price must be paid when the order is placed. The price does not include any customs charges applied by third countries, which remain the responsibility of the buyer.

ARTICLE 3. ONLINE ORDERING

The customer can fill in an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

The customer must provide a valid e-mail address and delivery address and hereby acknowledges that any exchange with the seller may take place via this address.

The customer must also choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem with the customer's account, until the problem is resolved.

ARTICLE 4. ORDER CONFIRMATION AND PAYMENT

This is an order with a payment obligation, which means that placing the order implies payment by the customer.

1. PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his/her bank card number or using any other available payment method on the website.

The customer guarantees the seller that he/she has the necessary authorisation to use this method of payment and acknowledges that the information given for this purpose is proof of his/her consent to the sale and to the payment of the sums due for the order.

In the event of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may dispute within 70 days from the date of the transaction by sending a claim in the following manner, so that the seller will bear the costs of the sale and return the disputed sum: by email, to the following address: info@novapure-us.com.

Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the seller from all liability.

The seller has set up a procedure for verifying orders and means of payment in order to provide a reasonable guarantee against any fraudulent use of a means of payment, including by requesting identification data from the customer.

In the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

2. CONFIRMATION

As soon as the purchase and payment have been validated by the customer, the seller will send confirmation of receipt of the order form and the invoice to the e-mail address specified by the customer.

In the event that a product is unavailable, the seller will inform the customer by e-mail as soon as possible in order to cancel the order for this product and refund the related price, with the remainder of the order remaining firm and definitive.

The customer may always exercise his right of withdrawal within 14 days of being informed that the product is unavailable.

For any questions relating to the tracking of an order, the customer may contact customer services on the following details: by email: info@novapure-us.com, by telephone, Monday to Friday, from 9am to 12pm at (888) 819-3110.

ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law no. 2000-230 of 13 March 2000, the on-line provision of the purchaser's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payability of the sums due under the order form, and of the signature and express acceptance of all transactions carried out.

ARTICLE 6. PROOF OF TRANSACTION

Communications, orders and payments made between the customer and the seller may be proven by means of computerised registers kept in the seller's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All the methods of payment available to the customer are listed on the seller's website. The customer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when placing the order.

ARTICLE 8. DELIVERY

Delivery is only made once payment has been confirmed by the seller's bank.

Products are delivered to the address indicated by the customer on the online order form, and the customer must ensure that this address is correct.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the customer's expense.

Except in cases of force majeure, delivery takes place, depending on the method chosen by the customer, within the following timescales (for the US):

Standard delivery: 3 to 5 working days.

1. LATE DELIVERY AND CANCELLATION

In the event of late delivery, the seller will inform the customer, who may withdraw from the contract and request a refund within 14 days of such withdrawal.

In this case, the customer will be reimbursed in full for the product and the cost of delivery, or re-shipment if applicable.

This cancellation of the contract must be sent using the following methods:

By email: info@novapure-us.com

By telephone: Monday to Friday, 9am to 12pm at (888) 819-3110

Any denunciation not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the seller from all liability towards the customer.

2. CHECKING THE ORDER

If, at the time of delivery, the original packaging is damaged, torn or open, the customer must check the condition of the products. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

The products are considered to have been checked once the customer, or a person authorised by the customer, has signed the delivery note.

If necessary, the customer must inform the seller of any reservations in the following ways:

By email: info@novapure-us.com

By telephone: Monday to Friday, 9am to 12pm at (888) 819-3110

Any reservations that are not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the customer.

On receipt of the complaint, the seller will allocate an exchange number for the product(s) concerned and will send it to the customer by e-mail.

3. DELIVERY ERROR

In the event of a delivery error and/or non-conformity of the products in relation to the information given on the order form, the customer must make a complaint to the seller on the day of delivery or, at the latest, on the first working day following delivery.

Complaints may be made in the following ways:

By email: info@novapure-us.com

By telephone: Monday to Friday, 9am to 12pm at (888) 819-3110

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the customer.

4. RETURNING AN ORDER

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in accordance with the following procedures:

Product returned by registered post within 90 days of the date of delivery of the order, to the following address:

PackYak Fulfillment

Attn to: Nova Pure

720 S Gladiola St STE A-1 Dock Door 61
Salt Lake City, UT 84104

Any claim or return not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the seller from any liability to the customer.

Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The cost of returning the goods shall be borne by the customer.

ARTICLE 9. PRODUCT GUARANTEES

The seller guarantees that the products conform to the contract.

The customer may make a claim under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of defects of articles 1641 et seq. of the Civil Code.

The customer is informed that the seller is not the producer of all of the products presented within the meaning of Law no. 98-389 of 19 May 1998 relating to liability for defective products.

1. GUARANTEE OF CONFORMITY

The customer has a period of 2 years from delivery of the product to make use of the legal guarantee of conformity.

In this respect, he/she may request the replacement of the goods, under the conditions set out in article L. 211-9 of the Consumer Code.

The customer is not required to prove the existence of a lack of conformity within 24 months of the date of delivery of the product.

2. GUARANTEE AGAINST DEFECTS

If the customer invokes the guarantee against defects provided for in articles 1641 et seq. of the Civil Code, they may choose between rescinding the sale or reducing the price, in accordance with article 1644 of the Civil Code.

ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REIMBURSEMENT

If a product ordered is unavailable, the customer will be informed by e-mail.

The customer will have the option of cancelling the order and will thus have the choice between reimbursing the sums paid within 30 days of their payment, or exchanging the product.

ARTICLE 11. RIGHT OF WITHDRAWAL

The customer may exercise his/her right of withdrawal and return of the product within 90 working days of delivery.

The customer may exercise his right of withdrawal by contacting customer services:

By email: info@novapure-us.com

By telephone: Monday to Friday, 9am to 12pm at (888) 819-3110

Once the customer has communicated their decision to withdraw, they have 14 days to return the goods.

Any retraction or return not carried out in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the customer.

The customer may request the exchange or refund of the returned product, without penalty, with the exception of the return costs, which remain at the customer's expense. The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.

The seller shall reimburse the customer for all sums paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of dispatch of the goods.

ARTICLE 12. FORCE MAJEURE

The parties will be exonerated from their obligations in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the Civil Code prevents their performance. The obligations of the parties will be suspended.

The party invoking such a circumstance must notify the other party immediately, as soon as it occurs or disappears.

The following are considered to be cases of force majeure: all irresistible and unforeseeable events or circumstances that are unavoidable and that cannot be prevented by the parties, despite all reasonable efforts, defined as such by US case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks.

If the case of force majeure lasts for more than three months, these general terms of service may be terminated by the injured party.

ARTICLE 13. PARTIAL NULLITY

If one or more stipulations of these general terms and conditions of sale are declared null and void by application of the law, a regulation or a final decision of a Florida court, the other stipulations will retain all their force and scope.

ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is established in Florida in a stable and lasting manner in order to effectively carry out its activity, whatever the location of its registered office in the case of a legal entity.

These GTCS are therefore subject to Florida law.

In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.

In the event of failure to reach an amicable agreement, the Customer, if contracting as a consumer, may bring proceedings before the court of his choice and, if contracting as a professional, may bring proceedings before the court for the place of the seller's registered office.

The Nova Pure website hopes you enjoy your visit!