Terms of Service
This website is operated by Dorian Le Métay. Throughout the site, the terms "we," "our," and "us" refer to Dorian Le Métay. This website, including all the information, tools, and services it provides, is offered by Dorian Le Métay to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from our business, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service"), including the terms, conditions, and policies referenced herein and/or accessible via hyperlink.
These Terms of Service apply to all users of the Site, including, but not limited to, individuals who are visitors, vendors, customers, merchants, and/or content providers. Please read these Terms of Service carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Service are considered an offer, acceptance is expressly limited to them. Any new tools or features added to the store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. By continuing to access the website or use the service after changes are posted, you accept those changes. Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services.
Section 1 – Online Store Terms
By accepting these Terms of Service, you affirm that you have reached the age of majority in your area, province, or state and that you have given us permission to allow any minor under your care to use this site. You may not use our products for any illegal or unauthorized purposes, nor violate any laws in your jurisdiction when using the Service (including, without limitation, copyright laws). You may not transmit any viruses, worms, or any destructive code. A breach or violation of any of these Terms will result in the immediate termination of your Services.
Section 2 – General Terms
We reserve the right to refuse service to anyone at any time and for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, any use of the Service, or any access to the Service, or any contact on the site through which the Service is provided, without our express written permission. The section titles in this agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information available on this site is inaccurate, incomplete, or outdated. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or current sources of information. If you rely on the content of this site, you do so at your own risk. This site may contain certain historical data. By definition, historical data is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You acknowledge that it is your responsibility to monitor changes made to our site.
Section 4 – Service and Price Modifications
The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We will not be liable to you or any third party for any change in prices, or for any modification, suspension, or discontinuation of the Service.
Section 5 – Products or Services (if applicable)
Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy for returns or exchanges. We have made every effort to accurately display the colors and images of the products in the shop. However, we cannot guarantee that the colors displayed on your computer screen will be accurate. We reserve the right, without obligation, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law. We do not guarantee that the quality of the products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.
Section 6 – Billing and Account Information Accuracy
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by resellers, vendors, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed. For more information, please review our Return Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools that we do not monitor, control, or manage. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools. Any use by you of optional tools provided through the site is entirely at your own risk and discretion. Additionally, it is your responsibility to review and agree to the terms under which these tools are provided by the third-party supplier(s). It is also possible that in the future, we may offer new services and/or features through the website (including the launch of new tools and resources). These new services and/or features will also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant or assume any responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 – Comments, Feedback, and Other Submissions
If, at our request, you send specific content (for example, as part of a contest submission), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right to modify, copy, publish, distribute, translate, and use in any media all comments you send us at any time and without restriction. We are not and will not be obligated (1) to maintain the confidentiality of the comments; (2) to compensate anyone for any comments provided; or (3) to respond to the comments. We may, but are not obligated to, remove content and Accounts containing content that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of a third party or these Terms of Service. You agree that your comments will not violate the rights of third parties, including copyright, trademark, privacy, personality, or any other personal or intellectual property rights. Furthermore, you agree that your comments will not contain any unlawful, abusive, or obscene material, or any viruses or other malware that could affect the functionality of the Service or any associated 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 comments. You are solely responsible for all comments you make and their accuracy. We take no responsibility for comments posted by you or any third party.
Section 10 – Personal Information
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, shipping charges, transit times, and product 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 Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed an order). We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to, pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to solicit others to perform illegal acts or participate therein; (c) to violate any local ordinance or any international, federal, provincial, or state law or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated website, as well as other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, scrape, crawl, or scrape the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any related website, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 – Warranty Disclaimer and Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, secure, timely, or error-free. We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service, and all products and services delivered to you through the Service, are (except as expressly stated by us) provided "as is" and "as available" for your use, and without representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or fitness for a particular purpose, durability, title, and non-infringement. Dorian Le Métay, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to the loss of profits, revenue, savings, or data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any product or service utilizing the Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility thereof. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the fullest extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless Dorian Le Métay and our parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any laws or rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service will remain in effect unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole discretion, we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain responsible for all amounts due up to the date of termination (inclusive), and we may deny you access to our Services (or any part thereof).
Section 17 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service or any other policies or operating rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any 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 Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms of Service, and any separate agreements whereby we provide you with Services, will be governed by and construed in accordance with the laws of 57 Rue Maréchal Joffre - Bureau 3, Nantes, 44000, France.
Section 19 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting the updates and/or changes on our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our website and the Service after changes to these Terms of Service have been posted, you accept those changes.
Section 20 – Contact Information
Questions about the Terms of Service should be sent to us at contact@noveily.com.
By agreeing to SMS marketing from noveily.com at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned order reminders), text marketing offers, and transactional texts, including requests for feedback from us, even if your mobile number is on a state or federal do-not-call list. Message frequency may vary. Consent is not a condition of purchase.
If you wish to stop receiving marketing text messages and notifications, reply with STOP to any message sent by us, or use the unsubscribe link provided in one of our messages. You understand and agree that alternative opt-out methods, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for any charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please reply HELP to the number from which you received the messages. You can also contact us at contact@noveily.com for more information.
We reserve the right to change any phone number or shortcode we use to operate the service at any time. You will be notified at such time. You agree that messages sent to a phone number or shortcode we have changed, including STOP or HELP requests, may not be received and we are not obligated to honor requests made in those messages.
To the extent permitted by applicable law, you agree that we are not responsible for any failed, delayed, or misdirected delivery of any information sent through the service, any errors in that information, and/or any actions you may or may not take based on the information or service.
Your privacy is important to us. You can view our Privacy Policy here to learn how we collect and use your personal information.