Terms of service

OVERVIEW

Welcome to NEJVAR CLUB. The terms “we”, “us” and “our” refer to NEJVAR CLUB, a sole proprietorship (auto-entrepreneur) registered in Guadeloupe, France.

We operate this website and store, including all related information, content, features, tools, products and services (the “Services”), in order to provide you with an online shopping experience.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use our Services.

Nothing in these Terms of Service limits or excludes any rights you may have as a consumer under applicable law.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your country of residence, or that you have given consent for any minor under your responsibility to use this website.

You agree to provide accurate, complete, and up-to-date information when placing an order or creating an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

SECTION 2 - OUR PRODUCTS

All our products are made to order. This allows us to reduce overproduction and minimize our environmental impact.

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. 
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. 

All descriptions of products, pricing and availability  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 that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

By placing an order, you are making an offer to purchase a product.

We reserve the right to accept or refuse any order for legitimate reasons, including suspected fraud or product unavailability.

An order is considered accepted once you receive a confirmation email.

Please review your order carefully before confirming it. Due to the made-to-order nature of our products, cancellations may not be possible once production has started.

Your purchases are subject to our Return & Refund Policy.

SECTION 4 - PRICES AND BILLING 

All prices are displayed in the applicable currency and may not include shipping costs, taxes, or customs duties, unless otherwise stated.

You are responsible for any additional charges such as import duties or local taxes.

You agree to provide valid payment information and authorize us to charge the full amount of your order.

SECTION 5 - SHIPPING AND DELIVERY 

Delivery times are provided as estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs, or events beyond our control.

Risk of loss or damage passes to you upon delivery of the product.

SECTION 6 - INTELLECTUAL PROPERTY

SECTION 7 - THIRD-PARTY SERVICES

Certain features of our Services may be provided by third parties (including Shopify). We are not responsible for the content or practices of third-party services.

Your use of third-party services is at your own risk and subject to their terms.

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 functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. 
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

NEJVAR CLUB is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with NEJVAR CLUB. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NEJVAR CLUB, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NEJVAR CLUB. 

SECTION 10 - PRIVACY POLICY

Your personal data is processed in accordance with our Privacy Policy.

All personal information we collect through the Services is subject to our Privacy Policy and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. 

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order 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, upload, post, 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 for commercial use. 

You confirm that your content does not violate any third-party rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if necessary.

SECTION 13 - PROHIBITED USES

You agree not to use the Services for any unlawful purpose or in a way that could harm the website, the business, or other users.

We reserve the right to suspend or terminate access in case of misuse. 

 

SECTION 14 - TERMINATION 

We may suspend or terminate your access to the Services if you violate these Terms.

You remain responsible for any outstanding payments. 

 

SECTION 15 - DISCLAIMER OF WARRANTIES 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 any of its contents. 
EXCEPT AS EXPRESSLY STATED BY NEJVAR CLUB, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Nothing in this section excludes or limits the legal guarantees applicable under consumer law.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NEJVAR CLUB, 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING 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 THEIR POSSIBILITY.

Nothing in this section limits or excludes liability where it would be unlawful to do so, including liability for gross negligence or willful misconduct, or your rights under applicable consumer law.

 

SECTION 17 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless NEJVAR CLUB, Shopify, and our affiliates, partners, officers, directors, 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 access to and use of the Services. 
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents. 

SECTION 18 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 19 - WAIVER; 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 and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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 your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you. 

SECTION 21 - GOVERNING LAW 

These Terms of Service are governed by French law.

In the event of a dispute, and failing amicable resolution, the competent courts shall be determined in accordance with applicable consumer protection laws.

Nothing in this section limits your rights as a consumer to bring an action before the courts of your place of residence. 

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 

We reserve the right to update these Terms at any time. Changes will be posted on this page.

Your continued use of the Services constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@nejvarclub.com

• NEJVAR CLUB
• Guadeloupe, France