Terms and Conditions
Terms and Conditions
Welcome to Nubelle! The terms "we," "us," and "our" refer to Nubelle. Nubelle operates this shop and website, including all information, content, features, tools, products, and services associated with them, to provide you, the customer, with a personalized shopping experience (the "Services"). Nubelle is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with the policies mentioned herein (these "General Terms and Conditions" or "Terms"), describe your rights and obligations when you use the Services.
Please read these General Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these General Terms and Conditions, you represent that you are of legal age in the state or region where you reside and have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or navigating our online shops or purchasing products or services that we offer, you may be required to provide certain information, such as your email address and billing, payment, and delivery information. You warrant and represent that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You alone are responsible for the security of your account login details and for all activity on 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 display our products and services in our online shops as accurately as possible. However, please note that the colors or appearance of the products may differ from the colors displayed on your screen due to the device you use to access the shop, as well as its settings and configuration.
We make no warranty that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products that we offer to any person, in any geographic region, or within any jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Nubelle reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order shall be deemed accepted only after confirmation by Nubelle. Acceptance of your order is subject to the receipt and processing of your payment. Please check your order carefully before submitting it, as Nubelle may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of ordering.
Returns or exchanges of your purchases are made exclusively in accordance with our right of withdrawal.
You warrant and represent that your purchases are for your personal use or for use in your household and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers are subject to change without notice. The price charged for a product or service is the price in effect at the time of order and will be indicated in the order confirmation you receive by email. Unless explicitly stated otherwise, the prices stated do not include taxes, shipping, handling, customs, or import duties.
Prices listed in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and to which different terms and conditions apply than these Terms. In the event of any inconsistency between the terms of a promotion and these General Terms and Conditions, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You warrant and represent that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges you incur will be covered by your credit card company, and (iv) you will pay the charges you incur at the prices indicated, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping service providers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping service provider, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, images, photos, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Nubelle, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.
These General Terms and Conditions allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services without our prior written consent. Except as expressly provided herein, nothing in these General Terms and Conditions grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property of Nubelle, Shopify, or any third party, nor can any such grant be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Nubelle.
The names, logos, product and service names, designs, and slogans of Nubelle are trademarks of Nubelle or its affiliates or licensors. You may not use these trademarks without the prior written permission of Nubelle. The name, logo, product and service names, designs, and slogans of Shopify are 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
You may be given access to customer tools provided by third-party providers as part of the Services, which we do not monitor, control, or influence.
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 assume 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 website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and agreeing to the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be subject to these General Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses caused by your access to third-party websites or by your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review the third party's policies and procedures and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Nubelle is powered by Shopify, which allows us to provide the services to you. However, all sales and purchases you make in our shop are concluded directly with Nubelle. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Nubelle, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Nubelle.
SECTION 10 – PRIVACY POLICY
All personal data that we collect via the services is subject to our privacy policy, which can be viewed here. In addition, certain personal data may be subject to the Shopify privacy policy, which can be viewed here. By using the services, you confirm that you have read these privacy policies.
Since the services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the services in order to provide and improve the services for you. Data you submit to the services is shared with Shopify as well as with third-party providers, which may be located in countries other than the country of your residence, in order to provide the services for you. In our privacy policy [LINK], you can find further information about how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, feedback, reviews, suggestions, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the services and to fulfill our obligations as well as to exercise our rights under the General Terms and Conditions.
You also represent and warrant that: (i) you own all Feedback content or possess full rights to it; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these General Terms and Conditions. We are under no obligation (1) to maintain any Feedback in confidence, (2) to pay compensation for any Feedback, or (3) to respond to any Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove any Feedback that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these General Terms and Conditions.
You represent that your Feedback does not violate any third-party rights, including copyrights, trademark rights, privacy rights, personality rights, or other personal or proprietary rights. You further represent that your Feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the services or any related website. You may 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 the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on or in the services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders, at any time and without prior notice (even after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the services only for lawful purposes. You may not directly or indirectly access or use the services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these General Terms and Conditions; (g) to transmit or cause the transmission of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the services or that, in our sole judgment, could harm Nubelle, Shopify, or the users of the services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the services; (c) collect or track personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the services or any related website, other websites, or the Internet. 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 – TERMINATION OF THE AGREEMENT
We may terminate this agreement or your access to the services (or any parts thereof) at our sole discretion at any time without notice. In doing so, you remain liable for all amounts due up to the date of contract termination.
The following sections shall survive the termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the services is for general information purposes only. 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 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 its contents.
UNLESS EXPRESSLY STATED BY Nubelle, 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, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Nubelle, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR 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 THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nubelle, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these General Terms and Conditions or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the services.
We will notify you of any indemnifiable claim, provided that any failure to notify you promptly shall not relieve you of your obligations, except to the extent that you are materially prejudiced thereby. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of any indemnification claim, including by providing relevant documents.
SECTION 18 – SEVERABILITY
Should any provision of these General Terms and Conditions be found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not distribute, assign, or transfer this agreement or your rights or obligations under these General Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These General Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the federal, state, or territorial courts of the country in which Nubelle has its headquarters. You and Nubelle agree to the jurisdiction and personal venue of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not affect these General Terms and Conditions.
SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can review the most current version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these General Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of or access to the services following the posting of any changes to these General Terms and Conditions constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the General Terms and Conditions should be sent to us at info@nubelle.ch.
Our contact information is listed below:
Caserta Digimarketing
Winkelriedstrasse 36, 5430 Wettingen
13325, Commercial Register of the Canton of Aargau
CHE-260.194.570