4. Terms and Conditions
These Terms and Conditions (“Terms”) govern your access to and use of noveraskincare.com (the “Site”), and the purchase of products from Novera Luxe Inc. (“Novéra,” “we,” “us,” or “our”). By accessing the Site, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase our products.
4.1 Eligibility
To purchase from Novéra, you must be at least the age of majority in the province, state, or country in which you reside (18 or 19 years depending on jurisdiction), and you must have the legal capacity to enter into a binding contract. By placing an order, you represent that you meet these requirements.
4.2 Products and Availability
We describe our products as accurately as possible. However, product imagery is for illustrative purposes and minor variations in color, packaging, or appearance may occur. We reserve the right to limit order quantities, refuse or cancel orders, and discontinue products at any time.
Prices are displayed in Canadian Dollars (CAD) for Canadian customers and, where applicable, US Dollars (USD) for US customers. Prices are subject to change without notice, but changes will not affect orders already placed and confirmed.
4.3 Ordering and Acceptance
When you place an order, you make an offer to purchase the product at the price listed. We reserve the right to accept or decline your order. Your order is accepted when we send you an order confirmation email; acceptance creates a binding contract for the sale of the product.
We may decline orders that appear fraudulent, violate these Terms, or exceed our reasonable order limits. If we decline an order after payment has been processed, we will refund the full amount promptly.
4.4 Payment
We accept payment through the payment methods listed at checkout, processed by Shopify Payments and its affiliates. You represent that you are authorized to use the payment method you provide, and that the information you supply is accurate.
All prices are exclusive of applicable taxes, which are calculated at checkout based on your shipping destination. Shipping fees are displayed before payment.
4.5 Shipping and Delivery
Shipping is governed by our Shipping Policy (Section 2), which is incorporated into these Terms. Risk of loss and title for items pass to you upon delivery to the carrier.
4.6 Returns and Refunds
Returns and refunds are governed by our Refund and Return Policy (Section 1), which is incorporated into these Terms.
4.7 Product Use, Safety, and No Medical Claims
Novéra products are cosmetics intended for external topical use only. They are not drugs, and they are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Any descriptions of product benefits refer to cosmetic effects on the appearance and feel of skin.
Before using any product for the first time, you must perform a patch test in accordance with our Product Safety and Allergy Disclosure (Section 5). If you experience any adverse reaction, discontinue use immediately and consult a qualified healthcare professional. If you are pregnant, nursing, have a known skin condition, or are taking medication that affects the skin, consult a qualified healthcare professional before using our products.
4.8 Intellectual Property
All content on the Site — including text, images, graphics, logos, product packaging designs, the “Novéra” name, the “Gemstone Infusion” mark, and the tagline “Born from Earth. Perfected by Science.” — is owned by or licensed to Novera Luxe Inc. and is protected by Canadian and international intellectual property laws.
You may view, download, and print content from the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or use any Site content for commercial purposes without our prior written consent.
Unauthorized use of our trademarks, product imagery, or copyrighted content may result in legal action.
4.9 User Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Interfere with or disrupt the Site, servers, or networks connected to the Site.
- Attempt to gain unauthorized access to any part of the Site or related systems.
- Use any automated means (bots, scrapers) to access the Site except for standard search engine indexing.
- Submit false, misleading, or fraudulent information.
- Reverse-engineer, decompile, or attempt to extract source code from any part of the Site.
4.10 User-Submitted Content
If you submit reviews, photos, comments, or other content to the Site or to our social media channels in connection with our products, you grant Novéra a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, and display that content in connection with our business, including for marketing. You represent that you own or have the necessary rights to the content you submit.
We reserve the right to remove any user-submitted content at our discretion.
4.11 Disclaimers
Except as expressly set out in these Terms or required by applicable law, the Site and products are provided “as is” and “as available,” without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Site will be available at all times, error-free, secure, or uninterrupted. We do not warrant that product descriptions or other Site content are accurate, complete, reliable, current, or error-free.
Nothing in this section limits or excludes any warranty, condition, right, or remedy that cannot be excluded or limited under applicable consumer protection legislation, including the Ontario Consumer Protection Act.
4.12 Limitation of Liability
To the maximum extent permitted by law, Novera Luxe Inc., its directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Site or our products, even if we have been advised of the possibility of such damages.
Where liability cannot be excluded under applicable law, our total cumulative liability to you for any claim arising from or related to a product or your use of the Site shall not exceed the greater of (a) the amount you paid for the product giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).
Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, personal injury caused by negligence, or any liability that cannot be limited under applicable law.
4.13 Indemnification
You agree to indemnify and hold harmless Novera Luxe Inc., its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Site or our products.
4.14 Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to them, the Site, or our products are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-laws principles.
You agree that any dispute, action, or proceeding arising from or related to these Terms shall be brought exclusively in the courts of the Province of Ontario, and you submit to the personal jurisdiction of those courts. Where mandatory consumer protection laws of your province, state, or country grant you rights to pursue claims in your local jurisdiction, those rights are preserved.
4.15 Changes to These Terms
We may update these Terms from time to time. The “Last updated” date at the top of this document indicates the most recent revision. Material changes will be communicated by email or by prominent notice on the Site. Your continued use of the Site after changes take effect constitutes acceptance of the updated Terms.
4.16 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable and to reflect the original intent.
4.17 Entire Agreement
These Terms, together with the Refund Policy, Shipping Policy, Privacy Policy, and Product Safety Disclosure, constitute the entire agreement between you and Novera Luxe Inc. regarding your use of the Site and the purchase of our products, and supersede any prior agreements or understandings.
4.18 Contact
Questions about these Terms: support@noveraskincare.com · +1 800-721-2636