General Terms and Conditions of Sale, Supply and Service
Thank you for accessing the website, mobile applications, devices and other software (collectively, the "Site") of novatomato.com ("We", "Us" or "NovaTomato"). We provide website features and other products and services to you when you visit or shop at novatomato.com, use NovaTomato products or services, use NovaTomato applications for mobile, or use software provided by NovaTomato in connection with any of the foregoing (collectively, "NovaTomato Services"). These NovaTomato provides the NovaTomato Services subject to the following General Terms and Conditions of Sale, Supply and Service and a binding agreement between you and NovaTomato ("Terms" or "Agreement").
1. USE OF THE SITE AND CHANGES TO THE TERMS
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to these Terms, please do not access or use the site or any NovaTomato Services.
NovaTomato provides access to this Site subject to compliance with these Terms. NovaTomato provides access to this Site without charge and may terminate access it at any time for any reason and without notice. NovaTomato may revise these Terms at any time. Your continued use of this Site after a change to these Terms has been posted on the Site is your agreement to the revised Terms.
In order to enjoy NovaTomato Services, you may register your NovaTomato account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address, phone number, address and password.
You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify NovaTomato immediately if you become aware of any unauthorized use of your account. You may not use anyone else's NovaTomato account at any time without the express permission and consent of the holder of that NovaTomato account. You must keep your account password secure. NovaTomato cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
All design, text, pictorial, logo, graphic, fonts, music, software, source code, application, video, and audio components on this Site (hereinafter referred to as “NovaTomato's Content”) except Your Content defined as below, is the sole property of NovaTomato and/or its licensors and is protected by copyright and other intellectual property laws. All rights in this Site and NovaTomato's Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of NovaTomato's Content except as expressly allowed in these Terms. NovaTomato reserves the right to add to, delete from, or modify any part of NovaTomato's Content at any time without prior notice. Any modifications to NovaTomato's Content, whether by You or NovaTomato remain the property of NovaTomato and its licensors.
The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. NovaTomato reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other NovaTomato customers may use the design tools to create logos that have similar or identical combinations of these elements and NovaTomato does not guarantee that your logo will not have similarities to logos designed and used by other parties. NovaTomato provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party. NovaTomato provides NovaTomato's Content solely for your personal, non-commercial use. Any commercial use of the Site or NovaTomato's Content (in whole or in part) is strictly prohibited, including the distribution, modification, publication, or sale of any NovaTomato's Content.
You are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through this Site or use on any product sold or manufactured by NovaTomato (“User Generated Content”). You are solely responsible for ensuring that any User Generated Content you submit complies with all laws and regulations, including those related to intellectual property and privacy rights of third parties. Before submitting, posting or linking User Generated Content to this Site, you must ensure that you own all intellectual property rights to such User Generated Content or are otherwise able to grant to NovaTomato the following license and that your submission does not violate the privacy rights of any third party. NovaTomato reserves the right to refuse to publish, remove, edit, or modify any User Generated Content at any time for any reason. NovaTomato may monitor and review the User Generated Content you submit but is under no obligation to do so. NovaTomato does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained in it. If you submit, post, link or otherwise make available on or through this Site any User Generated Content you agree that it is non-confidential. By submitting User Generated Content, you grant to NovaTomato (including all companies in the same group of companies as NovaTomato) a worldwide, perpetual, non-exclusive, transferable, irrevocable, and royalty-free license to use, copy, edit, adapt, reproduce, repost, publish, publicly perform, publicly display, translate, make available, sub-license, modify and prepare derivative works of it, in part or in whole, using any means or media now known or later developed (“License”). Subject only to the License, you retain ownership of all intellectual property rights in your User Generated Content.
You agree that you will not post any User Generated Content to this Site which: (i) is unlawful, libellous, defamatory, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, offensive or discriminatory by reason of age, disability, gender, marital status, race, religion and belief, sex, sexuality or other characteristic; (ii) solicits or offers business or services; (iii) is confidential; (iv) infringes the intellectual property or privacy rights of a third party; (v) impersonates anyone else or otherwise misrepresents your identity, (vi) interrupts, compromises, or interferes with this Site or any other website we operate; or (vii) is otherwise in breach of these Terms.
You may post your comment on our products on the Site. Please make sure your comment is not malicious. We have the right to display or not display your comments on the Site at our sole discretion.
Beside the above, you shall also follow NovaTomato's Content Guidelines.
If you consider any NovaTomato's Content or User Generated Content on this Site infringes your intellectual property or privacy rights, breaches these Terms, or is otherwise unlawful, please contact us immediately at email@example.com.
4. TRADEMARK AND COPYRIGHT
All trademarks, trade names, service marks, and logos on this Site are owned by or registered to: (i) NovaTomato; (ii) companies in the same group of companies as NovaTomato; or (iii) independent third parties whose materials or technologies NovaTomato integrates into its products or whose services NovaTomato uses to support its business operations. The relevant owners or registrants of such trademarks, trade names, service marks, and logos retain all rights in them. No license or right to use any such trademarks, trade names, service marks, and logos is granted as a result of your access to this Site save to the extent necessary to allow you to display the Site properly on your device for your personal, non-commercial use.
You may view and use NovaTomato's Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: firstname.lastname@example.org. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to NovaTomato. You may not use NovaTomato's Content or Compilation in any manner that disparages or discredits NovaTomato or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of NovaTomato and/or its Software suppliers. The Content, the Compilation and the Software are all protected under national and international copyright laws. All rights not expressly granted are reserved by NovaTomato. Violators will be prosecuted to the full extent of the law.
NovaTomato respects intellectual property rights and follows intellectual property laws and asks that you respect the work and creative rights of others. NovaTomato may cancel your account and terminate providing NovaTomato's Services to you once you are reported by anyone for the violation of any intellectual property law or the infringement of any third party's right. You will be solely responsible for such violation and/or infringement.
5. PROHIBITED CONDUCT
You must not: (i) interrupt, compromise, or otherwise interfere with this Site or any other website we operate; (ii) access any data or other information which is not your own by entering into a secure NovaTomato server, account, file, or database; (iii) upload or transmit any virus, bug, corrupt file or link, or any other data or malicious content which could damage this Site or any other website we operate, or any of our software or equipment, or those of any third party; or (iv) attempt to do any of the actions listed in this paragraph.
6. PRODUCT DESCRIPTION AND IMAGES
Each item offered for sale on the Site has an item description and/or a referral link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the Site.
Product images on this Site are illustrative only. Actual products available in our stores or through our ecommerce channels may differ from the images appearing on this Site.
7. PURCHASE OF PRODUCTS
You can pick the products at the product webpage and add the products into the online shopping cart. Your order is purchase of a product for which you have paid the applicable fee and/or other charges that we have accepted and received. We may choose not to accept any orders in our sole discretion.
Before ordering from us, it is your responsibility to check and determine full ability to receive the products. Correct name of the recipient, delivery address and postal code/zip code, and up-to-date telephone number are absolutely necessary to ensure successful delivery of products. All information asked on the checkout page must be filled in precisely and accurately. NovaTomato will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number.
8. FEES AND PAYMENT
Each product or service has its price. When you order a product, or use a service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. We do not accept bargaining online. We wish you make your best choice and enjoy your shopping experience.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse NovaTomato for damages resulting from such unauthorized use.
NovaTomato at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events NovaTomato may use or participate in.
You are responsible for all applicable taxes including without limitation to VAT, customs duty and others. The taxes will be added to the total price of the product before you make the payment. NovaTomato may collect the applicable taxes from you and pay the taxes to the relevant tax authority.
10. SHIPPING AND DELIVERY
After you pay for the products and services and the products are produced, NovaTomato will have its supplier to ship the products to you. For any return of products, please refer to our Policies & Returns.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the product's price and may vary depending on delivery location and/or sort of the products.
We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. You may find average time for delivery in our Orders & Shipping.
Title to the products in your order will be transferred to you when the products leave the warehouse of NovaTomato or NovaTomato's supplier and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you upon the delivery of the products to the carrier. By placing an order on this Site, you authorize NovaTomato or NovaTomato's supplier to engage third party shipping services on your behalf.
11. LIMITED WARRANTY ON PRODUCTS
We provide limited warranty on our products. Please refer to our Product Warranty Policy for details when it applies to you.
We unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
You agree to indemnify and hold NovaTomato, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against NovaTomato by any third party due to or arising out of or in connection with your use of NovaTomato Services.
15. WEBSITE SECURITY
NovaTomato takes reasonable steps to protect personal information from misuse, loss, unauthorized use, modification or disclosure, but NovaTomato does not warrant and cannot ensure the security of any information which you transmit. We maintain physical, electronic, and procedural safeguards designed to help us protect your non-public personal information. When you establish an account at NovaTomato, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change the password as often as you wish by going to “the settings".
With respect to certain website hosting and other products and services provided to you, we may obtain access to data about your end users or customers. We generally process and use such end user and customer data on your behalf and under your instructions in accordance with our role as a mere processor of any such information on your behalf.
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. NOVATOMATO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. NOVATOMATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVATOMATO DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.
NOVATOMATO MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY NOVATOMATO AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
17. LIMITATION OF LIABILITY
If you are a consumer user (that is, accessing or using this Site in a personal capacity and not in the course of any business or trade), NovaTomato and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which NovaTomato could not reasonably foresee as a consequence of your access to or use of this Site.
If you are a business user (that is, accessing or using this Site in a business or trade capacity), NovaTomato and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which is indirect, special, consequential or punitive, or in the following categories (in each case whether direct or indirect): (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of or damage to data; or (v) loss of business opportunity, goodwill or reputation.
Nothing in this clause excludes or limits NovaTomato's liability for death or personal injury caused by its negligence. If the country in which you are located does not allow any of the limitations or exclusions of liability set out in this paragraph, they will be dis-applied solely to the extent necessary to render this paragraph compatible with that country's law.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NovaTomato's rights or property, or the rights or property of visitors to or users of the Site, including NovaTomato's customers. NovaTomato reserves the right at all times to disclose any information that NovaTomato deems necessary to comply with any applicable law, regulation, legal process or governmental request. NovaTomato also may disclose your information when NovaTomato determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that NovaTomato may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
19. FORCE MAJEURE
Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to NovaTomato) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
20. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
20.1 The party you are contracting with and the seller of the products and services offered and sold on this Site is Vistaprint Netherlands B.V., a private company with limited liability incorporated under the laws of the Netherlands.
20.2 These Terms are governed by and shall be interpreted in accordance with the laws of the State of New York. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms.
20.3 Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in a state or federal court located in New York County, New York. You agree to submit to the jurisdiction of the courts located in New York County, New York and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving NovaTomato, that a court sitting in New York County, New York is an inconvenient forum for such legal action or proceeding.
20.4 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law NovaTomato, and NovaTomato 's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these Terms or any additional terms limits any consumer legal rights which may not be waived by contract.
20.5 The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).
21. SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to NovaTomato in connection with the operation or content of this Site shall be provided by the submitter and received by NovaTomato on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of NovaTomato. By submitting any such information to NovaTomato, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that NovaTomato shall be free to use such information on an unrestricted basis.
If any provision of these Terms is deemed illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.
NovaTomato at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services.
If you have any questions about this Agreement, please email us at email@example.com.