Terms of service

OVERVIEW
Welcome to Novienne Studio! The terms “we” and “our” refer to Novienne Studio. Novienne Studio operates this store and website, including all related information, content, resources, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Novienne Studio uses Shopify technology, which allows us to provide the Services to you.

This document governs the general terms and conditions of use of the website noviennestudio.com, owned by Tânia Batata, NIF 245299025, with sole proprietorship and registered office at Rua Coronel José Núncio 16 5 C, 2795-248 Linda-a-Velha.

The terms and conditions below, together with any policies referred to herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

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

When you visit us, interact with us, or use our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or 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 the state or province where you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or spin.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have all necessary rights to provide such information.
The responsibility for maintaining the security of your account credentials and for all activity under your account rests solely with you. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We make every effort to provide an accurate representation of our products and services in our online stores. However, please be aware that the colors or appearance of the product may differ from how they appear on your screen due to the type of device used to access the store and the settings and configurations of your device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those shown or illustrated in our online stores.
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 the quantities of any products we offer to 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 buy. Novienne Studio reserves the right to accept or refuse your order for any reason, at its sole discretion. Your order will not be considered accepted until Novienne Studio confirms acceptance. We have to receive and process payment before your order is accepted. Before submitting your order, please review it closely, as Novienne Studio may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, make changes to, or cancel an order, we will attempt to send notification via the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
The user represents and warrants that the purchases they make are intended for personal or domestic use and not for commercial resale or export.

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 indicated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, or customs or import duties.
Prices published in our online stores may differ from prices offered in physical stores or in online or other types of stores operated by third parties. From time to time, we may offer promotions on the Services, which may affect prices and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, 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 stores. You agree to promptly update your account and other information, including email address, credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are authorized to use this credit card to make the purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay charges incurred by you at the published prices, including charges for shipping and handling and all applicable taxes, if any.

SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and therefore do not constitute guarantees. We are not liable for delays caused by carriers, customs processing, or events beyond our control. When we transfer the goods to the carrier, title and risk of loss are transferred to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and layout thereof, are owned by Novienne Studio, its respective affiliates or licensors and are protected by patents, copyrights and other U.S. and foreign intellectual property laws.

These Terms allow you to use the Services only for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, transfer, store or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Novienne Studio, Shopify or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. Novienne Studio reserves all rights not expressly granted herein. The names, logos, product and service names, designs, and slogans of Novienne Studio are trademarks of Novienne Studio or its respective affiliates or licensors. You may not use these trademarks without the prior written permission of Novienne Studio. The Shopify name, logo, product and service names, designs, and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS
You may receive access to client tools offered by third parties as part of the Services, over which we do not perform any monitoring, control or input.
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 any endorsement. We have no liability 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 you must ensure that you are aware of and approve of the terms on which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the release of new tools and resources). These new features shall also be considered part of the Services and are subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any incorporated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or loss related to your access to any third-party websites, or for your purchase or use of any products, services, resources, or content on any third-party websites. You should carefully review the third party's policies and practices and ensure that you understand them before you engage in any transaction. Complaints, claims, queries, or inquiries relating to third-party products and services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
Novienne Studio uses Shopify technology, which allows us to provide the Services to you. However, any sales and purchases you make in our Store are made directly to Novienne Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Novienne Studio, including any injuries, damages, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to purchases and transactions you make with Novienne Studio.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here, and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and optimize the Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 — FEEDBACK
If you submit, post, publish, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, 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. We may, for example, use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.

You also further represent and warrant that: (i) you own or possess all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation to (1) keep your Feedback confidential; (2) pay you compensation for Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that otherwise violates the intellectual property of third parties or these Terms of Service.
You agree that your Feedback will not violate any rights of any third parties, including copyrights, trademarks, privacy, personality or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory or unlawful, abusive or otherwise obscene Feedback, nor will it contain any computer virus 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, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback. Responsibility for any Feedback you share, as well as its accuracy, rests solely with you. We are not responsible and assume no liability for Feedback posted by you or third parties.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information in or about the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information or to cancel orders if any information is inaccurate, at any time and without prior notice (including after an order has been submitted).

SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, district or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, mistreat, insult, harm, slander, defame, disparage, intimidate or cause harm to any of our employees or any other person; (e) to transmit false or misleading information; (f) to intentionally send, receive, upload, transfer, use or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any “unsolicited mail”, “chain message”, “spam” or any other similar solicitation; (h) impersonate or attempt to impersonate any other person or entity; or (i) engage in any other conduct that conditions or inhibits the use or enjoyment of the Services by any person or that, as determined by us, may cause harm to Novienne Studio, Shopify, or users of the Services, or expose them to liability.
In addition, 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 could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or operate any part of the Services; (c) collect or track personal information of third parties; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or mining; 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, disable, or terminate your account at any time without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Disclaimer of Liability; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which, by their nature, prevail over the termination.

SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Your reliance on this information is strictly at your own risk. We exclude all liability arising from any reliance placed on these materials by you or any other visitor to the Services, or by anyone who may be informed of any part of its content.

EXCEPT AS EXPRESSLY STATED BY Novienne Studio, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-COUNTERFEITING. WE DO NOT WARRANT, REPRESENT OR ASSURE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLUSION OF LIABILITY MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Novienne Studio, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND THEIR AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED 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 THROUGH THE SERVICES, EVEN IF THEY HAVE Information has been shared regarding this possibility.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Novienne Studio, Shopify and our affiliates, partners, officers, administrators, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your violation of access to and use of the Services.

We will send you notice of any claim giving rise to indemnification, provided that failure to promptly notify you shall not constitute an exemption from your obligations, except in the case of material losses. We may control the defense and settlement of such claim at your expense, including the choice of attorney, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). Will cooperate in defending compensation claims, including by providing relevant documentation.

SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is deemed illegal, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, so that the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — DISCLAIMER OF LIABILITY; ENTIRETY OF THE AGREEMENT
Our failure 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 and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and the agreement between you and us and therefore govern your use of the Service, superseding 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 ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of the respective rights or obligations under these Terms without our prior written consent; therefore, any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or without notice from us.

SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you will be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Novienne Studio has its established headquarters. You and Novienne Studio consent to the venue and personal jurisdiction in such courts.

SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — 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, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically to become aware of changes. We will send you a notification of any significant changes to these Terms in accordance with applicable law, so those changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to noviennestudio@gmail.com.

Our contact information is published below:

Novienne Studio

noviennestudio@gmail.com
Portugal