Terms and Conditions of Use Before you begin setting up your account with www.Botanifique.com (herein referred to as “we,” “us,” or “Site”), please read the following Terms and Conditions of Use (“Terms”) carefully. If you (“you”) agree to these Terms, and wish to use the Site please check the “I agree to the terms & conditions of this site” box. This will constitute a binding agreement between you and Nevita Ltd (“Nevita”). Note that any violation of these Terms may result in termination your account with the site.
By using the site, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Web site.
Changes to these Terms and Conditions of Use1. We may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Web site following the posting of changes will indicate your acceptance of those changes. Copyright and Restrictions on Use2. The materials on the Site as well as its organization and design are the property of Nevita Ltd and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of Site and its content for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Site. Except for the purpose of page caching and as otherwise explicitly set forth in these Terms, you may not copy, distribute, republish, modify, display, publicly perform or use the materials in any manner, without our prior written consent. You may not use spiders and other search robots on this Site. Your use of spiders or search robots in violation of these Terms and Nevita Ltd shall take all actions it deems necessary to enforce its rights. 3. Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of Nevita Ltd or any other party. All trademarks, trade names, service marks, photos, logos and information displayed throughout the Site are the property of Nevita Ltd or licensed by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks photos, logos and information displayed throughout the Site without the prior written consent of the owner of the trademark, trade name, service mark, photos, logos or information.
4. We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.5. Unless otherwise provided within these Terms you may not do any of the following without our prior written consent: 5.1 Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; 5.2 Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; 5.3 Modify, translate into any language or computer language, or create derivative works from, any content or any part of this Site; 5.4 Reverse engineer any part of this Site; 5.5 Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; 5.6 Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; 5.7 Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Users; 5.8 Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; Changes to Site; Unavailability of Site 6. Nevita Ltd may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content, where Nevita Ltd have legal, commercial or technical reasons to do so. Nevita Ltd may also impose limits on certain features or services or restrict your access to parts or the entire Site for similar reasons.
7. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features.
Legal Use Requirements 8. You may only use the Site and the services provider through it if you are the minimum legal age in your jurisdiction and it is legal for you to do so according to the laws that apply in your jurisdiction. Nevita Ltd reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. You understand and accept that Nevita Ltd is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and services. Any use of the Site is at your sole option, discretion and risk. By using the Site, you acknowledge that you do not find the Site and/or the services to be offensive, objectionable, unfair, or inappropriate in any way.
10. You will receive a password and account designation when you have completed the Account Information. The Account name and password (including answers to any security questions) should not be disclosed to any third party. You are solely responsible for the security of your Account name and password (including answers to security questions).
11. You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Nevita Ltd to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid.
12. In no event will Nevita Ltd be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. Nevita Ltd shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please follow the web site instructions for a replacement.
13. If you misplace, forget, or lose your Account name, username or password - Nevita Ltd shall not be liable.
14. Nevita Ltd reserves the right to cancel and to close immediately, without any warning, your accounts upon any violation of those Terms.
15. Where there is any dispute concerning the use of the Site or the services, Nevita Ltd reserves the right to suspend the User's account until a resolution is reached.
16. Moreover, Nevita Ltd reserves the right to cancel and to close your account if such account has been inactive for more than 180 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 7 days, your account and any content contained in it may be removed.
17. The E-mail addresses provided by you will only be used to provide you with information regarding new updates, promotional material, and miscellaneous operations.
Product Description 18. We have made every effort to display as accurately as possible the descriptions and colors of our products that appear at the Site. However, as the actual descriptions and colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition, according to the provision of these Terms.
Export 19. Different nation and country’s laws regulate the export and re-export of products. You agree to abide by these laws and their regulations.
20. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method, to their national customs / tax authority.Our Rights21. We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
22. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. 23.Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is backordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
Disclaimers24. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEVITA LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
25. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, THE SUITABILITY FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. MOREOVER, NO INFORMATION OR ADVICE (ORAL OR WRITTEN) PROVIDED TO YOU BY THE SITE SHALL CREATE ANY WARRANTY.
26. WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
27. Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that such problems will not materially affect our business, but do not guarantee that the Site is immune to such problems. It is your responsibility to protect yourself from such problems. Steps you may consider taking to mitigate the vulnerability of your computer system include using firewalls, password protection, and anti-virus programs.
Limitation on Liability 28. IN NO EVENT SHALL NEVITA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEB SITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEB SITE, EVEN IF NEVITA LTD IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
29. Since we sell our Products worldwide through different resellers, we shall not be responsible for any of our Product, which was not purchased directly at this site. For any complains with regard such product, purchased not on this Site, please contact your local reseller.
Indemnity 30. You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account or that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any purchase or other property-related transaction to which you are party or that is entered into in connection with this Site.Return Procedure 31. If you wish to return a Product, YOU MUST KEEP ITS ORIGINAL PACKAGING AND RECEIPT!
32. Purchaser must notify us by email or by contact form available on the Site within twenty one (21) CALANDER DAYS from the date of delivery of Product, in order to qualify for a return. No refunds will be issued after such 21 day period.
33. Upon receiving such notice, we will send you a form bearing a Return Authorization Code (RAC), accompanied by shipping instructions. We require that this form be signed and returned to us by fax / email within ONE (1) CALANDER DAY.
34. You must then ship Product back to us within THREE (3) BUSINESS DAYS: (i) in its original packaging, (ii) with the original receipt enclosed, (iii) as per the shipping instructions provided on the form, and (iv) within a Standard Airfreight transit schedule (delivery no later than 14 business days). Failure to return a product within such period will be deemed to be an acceptance of the product.
35. After receiving Product, we shall authenticate it and verify its condition. Upon successful authentication & verification we will refund you within seven (7) business days. Any refund will occur in the same payment method used by you to purchase Product. Product showing signs of alteration or damage of any kind will not be accepted for return. In such cases, the Site reserves the right to offer you a reduction of the refund to compensate for damages.
36. We reserve the right to withdraw this policy at our sole discretion for any Purchaser, at any time and for any reason. If retracted, this will not affect any previous orders shipped when this money back guarantee policy was in effect. Purchasers of orders in process but not shipped will be contacted if this money back guarantee is retracted. Return Exclusions A Product cannot be returned in the following cases: Product that has been damaged after delivery to you. Products that was not purchased directly at the Site.
Severability 37. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
40. If you choose to provide us with your personal information on the web, we may transfer that information within ourselves or to our third-party service providers anywhere in this world.
Miscellaneous 46. We may assign our rights and responsibilities hereunder without notice to you.
47. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
48. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
49. Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting us) by email to firstname.lastname@example.org or, when we need to send you notice, to the email address you provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing.
50. We reserve the right to change these Terms from time to time, and post the new version of these Terms.
51. These Terms constitute the entire agreement between you and us with respect to the Site, and supersede all other communications, written or oral, with regard to the Site or the Service.