Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Novair Gallery. The terms "we", "us" and "our" refer to Novair Gallery. Novair Gallery is operated by Talin Schneider and operates this store and website, including all related information, content, features, tools, digital products and services (the "Services"). Novair Gallery is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and responsibilities, including provisions concerning digital products, intellectual property, warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
Privacy Policy: https://novairgallery.com/policies/privacy-policy
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are legally capable of entering into an agreement under the laws applicable to you.
To use the Services, including accessing or browsing our online store or purchasing any digital products we offer, you may be asked to provide certain information, such as your email address and payment information. You represent that all information you provide is accurate, current and complete and that you have the right to provide this information.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR DIGITAL PRODUCTS
Novair Gallery offers digital products, including digital images and other downloadable digital content.
We make reasonable efforts to display our digital products accurately. However, the appearance of digital images may vary depending on your device, display, screen settings, software and other technical factors.
Product descriptions, previews, specifications and availability may be changed or updated at any time.
We reserve the right to discontinue or modify any digital product at any time and may limit purchases where reasonably necessary.
SECTION 3 - ORDERS AND DIGITAL DELIVERY
When you place an order, you are submitting an offer to purchase the selected digital product. An order is accepted when we confirm the purchase or otherwise make the purchased digital product available to you.
After successful payment, digital products are generally made available through the delivery method provided by our store or Shopify.
You are responsible for providing an accurate email address and ensuring that you have a suitable device, internet connection and software capable of accessing the purchased digital product.
Because our products are digital, no physical product will be shipped to you.
You should review your order carefully before completing the purchase.
SECTION 4 - PRICES AND BILLING
Prices for our digital products are displayed in the store at the time of purchase. Prices and promotions may change at any time, but changes will not affect an order that has already been accepted unless required by applicable law.
You agree to provide accurate and complete payment and account information for purchases made through our store.
Payments are processed through the payment methods made available at checkout. You confirm that you are authorized to use the payment method used for your purchase.
Any taxes or other charges that are legally applicable to your purchase will be handled in accordance with applicable law.
SECTION 5 - DIGITAL DELIVERY
Our products are delivered digitally. There is no physical shipping or delivery.
After payment has been successfully processed, the purchased digital product may be provided by download link, email or another digital delivery method made available through the Services.
We are not responsible for delays or failures caused by circumstances outside our reasonable control, including internet connection problems, device problems, email delivery problems or third-party service interruptions.
If you experience a technical problem accessing a purchased digital product, please contact us at support@novairgallery.com so that we can investigate the issue.
SECTION 6 - INTELLECTUAL PROPERTY AND LICENSE
All content made available through Novair Gallery, including digital images, graphics, designs, previews, text, logos, branding, videos and other materials, is owned by Novair Gallery, Talin Schneider or the applicable rights holder and is protected by applicable intellectual property laws.
When you purchase a digital product from Novair Gallery, you receive a limited, non-exclusive, non-transferable license to use the purchased image for your own personal, non-commercial purposes.
Unless we expressly give you written permission, you may not:
- resell or redistribute the digital product;
- share, upload or distribute the original digital file to other people;
- use the digital product for commercial purposes;
- use the digital product as part of a product that you sell;
- claim the digital product as your own creation;
- sublicense or transfer the digital product or license to another person;
- reproduce or distribute the digital product in a way that allows others to obtain the original file.
The purchase of a digital product does not transfer ownership or copyright in that product to you.
All rights not expressly granted to you remain with Novair Gallery or the applicable rights holder.
SECTION 7 - OPTIONAL THIRD-PARTY TOOLS
You may be provided with access to tools or services offered by third parties as part of the Services.
We do not necessarily monitor or control these third-party tools and services. Your use of third-party tools may be subject to the terms and conditions of the relevant third-party provider.
We are not responsible for third-party services to the extent permitted by applicable law.
We may introduce additional features or tools in the future. Any such features may also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability or practices of third-party websites or services.
If you choose to access a third-party website or service, you do so at your own risk and should review its terms and privacy practices.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Novair Gallery is powered by Shopify, which enables us to provide the Services to you.
Any purchase you make through Novair Gallery is made with Novair Gallery and not with Shopify.
Shopify is not responsible for the products or services sold by Novair Gallery or for disputes between you and Novair Gallery concerning your purchases, except where applicable law provides otherwise.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Our Privacy Policy explains what personal information we collect, how we use it, with whom it may be shared and what rights you may have regarding your personal information.
Privacy Policy:
https://novairgallery.com/policies/privacy-policy
Because the Services are hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in accordance with Shopify's applicable policies.
By using the Services, you acknowledge that you have been provided with access to our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit reviews, suggestions, ideas, feedback or other content to us, you grant us permission to use that content for operating, improving and promoting our Services, subject to applicable law.
You represent that you have the necessary rights to any content you submit and that your submission does not violate the rights of another person.
You must not submit unlawful, defamatory, threatening, abusive, misleading or infringing content.
We may remove content that violates these Terms or applicable law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or other information.
We reserve the right to correct errors and update information where appropriate.
If an error materially affects an order, we may take appropriate action in accordance with applicable law and will contact you where reasonably possible.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
(a) for any unlawful purpose;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property or other rights;
(d) to upload or transmit malicious code;
(e) to impersonate another person or entity;
(f) to provide false or misleading information;
(g) to interfere with the operation or security of the Services;
(h) to copy, scrape, reproduce or commercially exploit the Services without permission;
(i) to obtain or redistribute digital products without authorization;
(j) to circumvent technical or security measures; or
(k) to engage in any activity that may harm Novair Gallery, Shopify or other users.
We may suspend or terminate access to the Services where we reasonably determine that these Terms have been violated, subject to applicable law.
SECTION 14 - AGENTS
If you use software or automated systems to access or interact with the Services, you must do so in accordance with applicable law and any technical restrictions communicated by us or Shopify.
You may not use automated systems to circumvent security measures, access restrictions or other technical protections.
We may restrict or block automated access where reasonably necessary to protect the Services, our content or our users.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where permitted by applicable law, including where you materially breach these Terms.
Termination does not affect rights or obligations that arose before termination or provisions that by their nature should continue after termination.
The provisions concerning intellectual property, licenses, liability, indemnification, governing law and other provisions intended to survive termination will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the extent permitted by applicable law, the Services and digital products are provided on an "as available" basis.
We do not guarantee that the Services will always be uninterrupted, error-free or available at all times.
We also cannot guarantee that every digital product will be compatible with every device, operating system, application or software environment.
Nothing in these Terms excludes or limits any rights or warranties that cannot legally be excluded or limited under applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Novair Gallery and its service providers will not be liable for indirect, incidental, special or consequential losses arising from the use of the Services or digital products.
This limitation does not apply where liability cannot legally be excluded or limited.
Nothing in these Terms limits liability for matters for which applicable law prohibits such a limitation.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your unlawful use of the Services, your violation of these Terms or your infringement of the rights of another person.
Nothing in this section requires you to indemnify us for matters for which such an obligation cannot legally be imposed.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by applicable law.
The invalid provision will be interpreted or replaced to the extent necessary to make it enforceable while preserving its intended purpose as far as legally possible.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
These Terms, together with the policies expressly referenced in them, constitute the agreement governing your use of the Services and supersede previous versions concerning the same subject matter.
SECTION 21 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms where such transfer is prohibited by applicable law or without our consent where consent is required.
We may transfer or assign our rights and obligations where permitted by applicable law.
SECTION 22 - GOVERNING LAW AND JURISDICTION
These Terms are governed by Swiss law, subject to any mandatory consumer-protection provisions that apply to you.
Nothing in these Terms prevents a consumer from exercising a mandatory right to bring proceedings in a court that has jurisdiction under applicable law.
SECTION 23 - HEADINGS
The headings used in these Terms are provided for convenience only and do not affect the interpretation of the provisions.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We may update these Terms from time to time by posting an updated version on our website.
Any changes will become effective as stated in the updated Terms or as otherwise required by applicable law.
Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Novair Gallery
Talin Schneider
Letzigraben 43
8003 Zürich
Switzerland
Email: support@novairgallery.com
Telephone: Not provided
VAT/MWST number: Not registered/provided
UID/Company registration number: Not provided