Terms of Use

Welcome to Niva! The terms "we", "our" and "us" refer to Niva. Niva manages this store and website, including all associated information, content, features, tools, products and services, in order to provide you with a personalised shopping experience (the "Services"). Niva operates with Shopify, which allows us to provide you with these Services.

The general terms and conditions below, along with all referenced policies (these "Terms and Conditions" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms or this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms and Conditions, you represent that you are of legal age in your state or province of residence, and you have given us your consent to allow your minor children to use the Services on devices you own, purchase or manage.

To use the Services, including to access our online stores or make purchases, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information provided is accurate, current and complete, and that you have all necessary rights to share it.

You are solely responsible for the security of your account credentials and all activity on your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS We have made every effort to accurately represent our products and services in our online stores. However, please note that colours or the appearance of products may differ from what is displayed on your screen depending on your device and its settings.

We do not guarantee that the appearance or quality of purchased products will meet your expectations or be identical to what is presented in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and to limit available quantities per person, region or jurisdiction.

SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. Niva reserves the right to accept or refuse your order for any reason. Your order is only accepted after our confirmation. Payment must be received and processed before the order is accepted. Please review your order carefully before submitting it, as we may be unable to process cancellation requests once the order has been accepted. In the event of a refusal, modification or cancellation of an order, we will attempt to notify you by email, billing address or phone number provided at the time of ordering.

Your purchases are subject to our Refund Policy [LINK].

You represent and warrant that your purchases are intended for personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged will be the one in effect at the time of the order, as indicated in your confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs or import fees.

Prices displayed in our online stores may differ from those offered in physical stores or on third-party websites. We may occasionally offer promotions governed by specific terms. In the event of a conflict between those terms and these Terms and Conditions, the promotional terms shall apply.

You agree to provide accurate, complete and current purchase, payment and account information. You warrant that the credit card information provided is accurate, that you are authorised to use it, and that charges made will be honoured by your bank.

SECTION 5 – SHIPPING AND DELIVERY We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs clearance or any event beyond our control. Once products have been handed over to the carrier, risk transfers to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including all trademarks, texts, images, graphics, videos and audio content, are the property of Niva, its affiliates or its licensors, and are protected by French and international intellectual property laws.

These Terms authorise you to use the Services solely for personal and non-commercial purposes. Any reproduction, distribution, modification or commercial use without our prior written consent is strictly prohibited.

Niva's names, logos and trademarks are registered trademarks of Niva or its affiliates. You may not use them without our prior written authorisation.

SECTION 7 – OPTIONAL TOOLS You may have access to tools provided by third parties as part of the Services, over which we have no control. These tools are provided "as is" and "as available", without any warranty on our part. Their use is entirely at your own risk.

SECTION 8 – LINKS TO THIRD-PARTY SITES Our Services may contain links to third-party websites. We are not responsible for the content of these sites or any damages resulting from their use. We recommend reading the policies of these third parties carefully before conducting any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY Niva operates with Shopify, which allows us to provide you with the Services. However, all sales and purchases made in our store are made directly with Niva. By using the Services, you acknowledge that Shopify is not responsible for transactions between you and Niva. You expressly release Shopify and its affiliates from any claims relating to your purchases.

SECTION 10 – PRIVACY POLICY All personal information collected through the Services is subject to our Privacy Policy [LINK]. By using the Services, you acknowledge having read this policy. This information may be shared with Shopify and third-party partners in order to provide you with the Services.

SECTION 11 – COMMENTS AND REVIEWS By submitting ideas, suggestions, reviews or any other content ("Comments"), you grant us a worldwide, perpetual and royalty-free licence to use, reproduce, modify and distribute these Comments for any purpose, including commercial purposes.

You warrant that your Comments are accurate, do not infringe the rights of third parties and comply with these Terms. We reserve the right to remove any Comment deemed unlawful, offensive or inappropriate.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Some information in our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices or availability. We reserve the right to correct such errors and to modify or cancel orders if necessary, without notice.

SECTION 13 – PROHIBITED USES You agree to use the Services solely for lawful purposes. The following are prohibited: any unlawful or malicious use, infringement of intellectual property rights, harassment, transmission of false or misleading information, spamming, identity theft, or any action likely to harm Niva, Shopify or other users.

SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services at any time and without notice, at our sole discretion. You will remain responsible for all amounts owed up to the date of termination. Certain provisions of these Terms will survive any termination.

SECTION 15 – DISCLAIMER OF WARRANTIES The information presented in the Services is provided for informational purposes only. EXCEPT AS EXPRESSLY STATED BY NIVA, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

SECTION 16 – LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIVA, ITS PARTNERS, OFFICERS, EMPLOYEES AND AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS, CLAIM OR INJURY ARISING FROM THE USE OF OUR SERVICES OR PRODUCTS.

SECTION 17 – INDEMNIFICATION You agree to indemnify and hold harmless Niva, Shopify and their affiliates from any claim, loss or damage arising from your failure to comply with these Terms, any applicable law or the rights of third parties.

SECTION 18 – SEVERABILITY If any provision of these Terms is found to be unlawful or unenforceable, it shall apply to the maximum extent permitted by law, without affecting the validity of the remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT Failure to exercise a right provided for in these Terms does not constitute a waiver of that right. These Terms constitute the entire agreement between you and Niva regarding the use of the Services.

SECTION 20 – ASSIGNMENT You may not assign or transfer these Terms without our prior written consent. We, for our part, may freely assign them without notifying you.

SECTION 21 – GOVERNING LAW These Terms are governed by the laws in force in the jurisdiction where Niva has its registered office. You and Niva consent to the jurisdiction of the courts of said jurisdiction.

SECTION 22 – HEADINGS Section headings are included for reference purposes only and do not affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THE TERMS We reserve the right to modify these Terms at any time. Changes will be posted on this page and will take effect on the date indicated. Continued use of the Services after changes are posted constitutes your acceptance.

SECTION 24 – CONTACT For any questions regarding these Terms, please contact us at: myniva@outlook.com