PLEASE CAREFULLY READ THE GENERAL TERMS AND CONDITIONS OF THIS WEB SITE WWW.NOVAMOR.COM.AU
These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. Should you not agree with any of these terms and conditions, please do not use our website.
The term ‘Novamor’ or ‘us’ or ‘our’ or ‘we’ refers to Novamor, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.
By registering with Novamor you can access or view the prices, product inventories, and submit purchase orders electronically. We reserve the right to refuse registration or cancel an account at any time.
The User warrants that they are either the person, or in the case of a corporation, an authorized representative of the corporation, that is named as the Buyer in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a buyer that they are not authorized to represent for this purpose.
Novamor reserves the right at any stage to contact a User to confirm both the identity of the buyer and also the currency and security of the passwords used.
Users agree they will not disclose their Username or password to any third party. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorised account access, such as not logging out of the account or sharing your account password.
CONTENT ON NOVAMOR
Third parties supply a large proportion of the information contained in this site. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
AVAILABILITY OF INFORMATION
From time to time information that would normally be available through the site may not be accessed online because of technical or other problems. Novamor expressly excludes liability to any user of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of Novamor.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Novamor is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.
All products sold at Novamor are taken/used at your own risk. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Novamor. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Novamor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Novamor or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Novamor and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Novamor and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Novamor
You agree to indemnify, defend and hold harmless Novamor, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Novamor you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Novamor retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be Novamor or may in some cases be a third party. Where a contract is made with a third party, Novamor is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authoriSation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Novamor will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Novamor shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
RETURNS, REFUNDS & CANCELLATIONS POLICY
Our return policy, which sets out how your can return a parcel, receive a refund or cancel your order, can be found at Returns Policy.
Our delivery policy sets out the process by which we send your parcel. Please see our Delivery Policy.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Any changed terms and conditions will not affect a current contract you may have with us. Please check these terms regularly prior to using our website to ensure you are aware of any changes.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Novamor. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Novamor.