Condiciones de venta

Terms and Conditions of Sale and Use

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) are concluded between Novary SARL, a French company registered under number 942 913 856 with the Meaux Trade and Companies Register, headquartered at 60, rue François 1er – 75008 Paris, and trading under the name Novary, and any person who visits and/or makes a purchase on the website novarypro.com, hereinafter referred to as the “User”. Any purchase or visit to the site novarypro.com (hereinafter the “Site”) implies full acceptance of these terms and conditions.

PRELIMINARY ARTICLE

Client: any User of the Site who has a customer account and/or makes a purchase through the Site. Every Client is a User.

Order: the process by which the Client selects Products to purchase on the Site. The Order is finalized once the Client has selected the Products, chosen delivery options, and completed payment.

Product: any item that can be viewed or purchased on the Site by a User, whether or not the Product has been purchased.

User: anyone accessing the Site, whether they are a Client or not.

Site: the website novarypro.com and all its related pages.

ARTICLE 1 – PURPOSE AND SCOPE OF THE GTC

  1. These GTC define the conditions under which Users may access or use the Site.

  2. The parties are bound by all the terms, conditions, and policies described herein, as well as any additional referenced terms.

  3. By visiting any part of the Site and/or purchasing a Product, each User agrees to comply with the GTC without limitation or reservation.

  4. These GTC are presented to Users for acceptance before any Order on the Site. Acceptance is limited strictly to the terms, conditions, and policies defined in 2) of this article.

  5. Any new tools, features, Products, or services added after the date of these GTC are also subject to them.

ARTICLE 2 – CURRENT VERSION OF THE GTC

  1. The latest version available on the Site prevails.

  2. Novary may update, change, or replace any part of these GTC at any time without notice, to comply with legal, regulatory, jurisprudential, or technical developments. When finalizing a new Order, the Client agrees to the current GTC. It is the User’s responsibility to regularly check updates at: https://novarypro.com/policies/terms-of-sale

  3. Continued access or use of the Site after any modifications constitutes acceptance of those changes. If the User does not accept them, they must refrain from using the Site.

ARTICLE 3 – TERMS OF USE OF THE SITE

  1. The Site is hosted by Shopify Inc., providing Novary with its digital e-commerce platform.

  2. By accepting these GTC, the User declares they have reached the legal age of majority in their country or region and have given consent for minors under their responsibility to use the Site.

  3. If the User is a legal entity, they must be duly represented in accordance with applicable laws.

  4. The User agrees not to use the Site’s Products or services for illegal or unauthorized purposes.

  5. The User agrees not to interfere with the Site’s operation through harmful means such as viruses, worms, or malicious code.

  6. Novary may interrupt or suspend the Site’s services, in whole or in part, without notice. Novary is not liable for any such interruptions.

ARTICLE 4 – GENERAL CONDITIONS

  1. Novary reserves the right to refuse service to anyone at any time for any reason and to limit sales to certain regions or jurisdictions.

  2. Novary reserves the right to limit quantities of any Product or service offered.

  3. The User acknowledges that all Product descriptions and prices may change at any time without notice.

  4. Novary may discontinue any Product at any time without notice.

  5. Any offer of Product or service is void where prohibited by law.

ARTICLE 5 – PRICING

  1. Prices may change without notice due to material costs, logistics, or other factors. Novary is not responsible for these changes.

  2. The applicable price is the one displayed at the time of the Order.

  3. Prices are shown in euros including all applicable taxes.

ARTICLE 6 – PRODUCT PRESENTATION

  1. The User is informed that Product photographs are displayed on the Site to show their appearance as clearly as possible.

  2. Novary cannot guarantee exact color or appearance due to screen/display differences or technical constraints.

  3. Novary does not guarantee that the Products, services, or information will meet the User’s expectations or that any error will be immediately corrected.

  4. The Site may contain typographical errors or inaccuracies regarding descriptions, prices, promotions, delivery, or availability. Novary reserves the right to correct these errors and cancel Orders if necessary.

  5. Novary is not obligated to update or clarify Site content unless required by law.

  6. The User acknowledges and agrees that Novary cannot be held liable for such issues unless required by law.

ARTICLE 7 – OPTIONAL TOOLS

  1. Novary may provide access to third-party tools that it neither monitors nor controls.

  2. These tools are provided “as is” and “as available,” without warranties or endorsements.

  3. Use of optional tools is at the User’s own risk. Novary recommends reviewing third-party terms.

  4. The User accepts full responsibility for such use and waives any liability of Novary, unless otherwise required by law.

ARTICLE 8 – THIRD-PARTY LINKS

  1. Certain content, Products, or services may include material from third parties.

  2. Links to third-party websites may redirect Users to external sites. Novary is not responsible for their content or accuracy.

  3. Novary is not liable for any damage related to third-party purchases or interactions.

  4. Users should read third-party terms carefully. Any concerns must be directed to the respective third parties.

ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS

  1. If Users submit creative ideas, suggestions, feedback, or other content to Novary, Novary reserves the right to use such submissions in any way.

  2. Novary is not obliged to maintain confidentiality, compensate, or respond to such submissions.

  3. Novary may monitor, edit, or remove content deemed inappropriate or in violation of these GTC.

  4. Users must write respectful comments and not infringe on third-party rights.

  5. Comments must be genuine. Users must not impersonate others.

  6. Users are solely responsible for their comments and their consequences.

ARTICLE 10 – PERSONAL INFORMATION

The submission of personal data is governed by Novary’s Privacy Policy, available at: https://novarypro.com/policies/privacy-policy

ARTICLE 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

  1. Clients agree to provide complete and accurate billing and account information.

  2. Clients must keep their contact and payment information up to date.

  3. Novary reserves the right to refuse Orders suspected to be from resellers or distributors.

ARTICLE 12 – PROHIBITED USES

Users must not use the Site or its content for unlawful purposes, to violate intellectual property, submit misleading or defamatory information, collect data unlawfully, or circumvent Site security.

ARTICLE 13 – ORDERING

  1. Browsing the Site does not require a purchase. Orders can be made without creating an account.

  2. Order confirmation is sent by email. Orders are finalized after full payment.

  3. Finalized Orders cannot be canceled.

  4. A tracking number is emailed to the Client. Clients must check spam folders if not received.

  5. Products are shipped within 3–5 business days. Delays may occur due to force majeure.

  6. Orders are fulfilled subject to stock availability. Novary may refuse Orders in case of stock shortage or other uncontrollable events.

  7. Novary may limit purchase quantities per person, household, or Order.

  8. In case of modification or cancellation, Novary will contact the Client.

ARTICLE 14 – SHIPPING, EXCHANGES, RETURNS

  1. Shipping fees are displayed at checkout and must be accepted.

  2. Fees vary based on delivery location.

  3. Novary uses third-party delivery services and is not liable for delivery delays caused by them.

  4. Delivery confirmation via tracking number is binding. Clients must provide proof of non-delivery.

  5. According to Article L.221-28 of the French Consumer Code, returns or exchanges are only possible if the delivered Product is defective.

  6. Products are generally delivered within 2 to 10 business days post-shipment.

  7. Stock shortages may cause a delay of 1 to 6 business days.

ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL GUARANTEES

  1. Novary is not liable if non-performance is due to third parties, the Client, or force majeure.

  2. Novary declines liability for any damages arising from Site use or Product purchase.

  3. Use of the Site is at the User’s own risk. Services and Products are provided “as is”.

  4. Novary and its affiliates are not liable for any indirect or incidental damages.

  5. The Client may exercise a right of withdrawal within 14 days, provided the Product is unused and in original condition.

  6. The withdrawal period starts from the date of delivery.

  7. If valid, Novary will refund the Client within 14 days of return.

  8. No refund will be issued for returned Products that are damaged or incomplete.

  9. The Client may claim non-conformity under Article L.217-5 of the Consumer Code.

  10. The Client has 2 years from delivery to claim repairs or replacement.

  11. Hidden defects are covered under Article 1641 of the Civil Code.

  12. Guarantees are void if misuse or mishandling is proven.

  13. Returns are valid only if the Product is in original condition with all accessories.

ARTICLE 16 – INDEMNIFICATION

Users agree to indemnify Novary and its affiliates from any claims resulting from violation of the GTC.

ARTICLE 17 – SEVERABILITY

If any part of these GTC is found invalid, the remaining parts remain in force.

ARTICLE 18 – TERMINATION

GTC remain in force unless terminated. Users may terminate by ceasing use. Novary may terminate without notice in case of non-compliance.

ARTICLE 19 – NO WAIVER

Failure to enforce any part of these GTC is not a waiver. Ambiguities shall not be construed against the drafter.

ARTICLE 20 – GOVERNING LAW

These GTC are governed by the laws of the United Arab Emirates, which the User acknowledges and accepts.

ARTICLE 21 – CONTACT INFORMATION

Questions regarding these GTC may be directed to: contact@novarypro.com