Terms of Service
Last updated: November 2024
Welcome to Noella B. ("we," "us," or "our"). By accessing or using our website noella-b.com (the "Site"), you ("you" or "Customer") agree to comply with and be bound by the following Terms of Service (the "Agreement"). Please read these Terms carefully before using the Site. If you do not agree to these terms, you should not use the Site.
1.1 Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use this Site. By using the Site, you represent and warrant that you meet the eligibility requirements.
1.2 Right to Modify: We reserve the right to modify, update, or change these Terms of Service at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the updated terms.
- Product Information and Availability
2.1 Product Descriptions: We strive to provide accurate descriptions of our products, including ingredients, usage, and benefits. However, we do not guarantee that the descriptions are complete, accurate, or error-free. Product packaging, labeling, and appearance may vary.
2.2 Product Availability: All products are subject to availability. We reserve the right to modify or discontinue any product or service at any time without notice.
- Orders and Payment
3.1 Order Acceptance: All orders placed through the Site are subject to acceptance by us. We reserve the right to refuse or cancel any order, in whole or in part, for reasons including, but not limited to, product availability, errors in pricing or product descriptions, or suspected fraud.
3.2 Pricing: Prices for products and services are as listed on the Site and are subject to change at any time without notice. All prices are exclusive of taxes, shipping, and handling fees, which will be added to the total cost at checkout.
3.3 Payment Methods: We accept payment via Paypal and Apple Pay. You agree to provide accurate and complete payment information and authorize us to charge your selected payment method for the total amount of your order.
- Returns and Refunds
4.1 Return Policy: Due to the nature of our products, we do not accept returns unless the product is defective, damaged upon receipt, or is unopened and in the same condition you received it. If you believe your product is defective, please contact us within 14 days of your order date for instructions on how to return it.
4.2 Refunds: If a refund is granted, it will be issued to the original payment method. Shipping costs are non-refundable unless the return is due to an error on our part.
- Intellectual Property
5.1 Ownership: All content on the Site, including but not limited to text, images, graphics, logos, trademarks, and product descriptions, is the property of Noella B. or its licensors and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on any content from the Site without our express written consent.
5.2 Trademarks: Noella B. and all related logos, marks, and brand identifiers are trademarks of Noella B. Unauthorized use of our trademarks is prohibited.
- User Conduct and Responsibilities
6.1 Lawful Use: You agree to use the Site only for lawful purposes and in accordance with these Terms. You are prohibited from using the Site in any way that violates any applicable local, state, national, or international law.
6.2 Prohibited Activities: You may not:
- Use the Site to transmit viruses, malware, or other harmful code.
- Engage in any conduct that disrupts the functioning of the Site or damages the experience of other users.
- Attempt to access any unauthorized parts of the Site or interfere with the operation of the Site.
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Disclaimers and Limitations of Liability
7.1 No Medical Claims: Our products are made from botanical extracts and natural ingredients, but we do not claim that they will cure, treat, or prevent any medical conditions or diseases. Always consult a healthcare professional before using any new skincare products, particularly if you have sensitive skin or allergies.
7.2 Disclaimer of Warranties: The Site and all products and services provided through the Site are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Site will be free of errors, interruptions, or defects, or that any defects will be corrected.
7.3 Limitation of Liability: To the fullest extent permitted by law, Noella B. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Site or any products purchased through the Site, even if we have been advised of the possibility of such damages. In no event shall our total liability exceed the amount paid by you for the product(s) or service(s) giving rise to the claim.
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Indemnification
You agree to indemnify, defend, and hold harmless [Brand Name], its officers, directors, employees, agents, and affiliates from any claims, losses, liabilities, damages, or expenses (including legal fees) arising out of your use of the Site, your violation of these Terms, or any breach of your representations and warranties herein.
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Privacy Policy
By using the Site, you agree to our Privacy Policy, which can be found on our Privacy Policy Page. Our Privacy Policy outlines how we collect, use, and protect your personal information.
- Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and any disputes related to these Terms will be governed by the laws of Texas, without regard to its conflict of law principles.
10.2 Dispute Resolution: Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in San Antonio, Texas, and you agree to submit to the personal jurisdiction of the courts located in Texas, United States of America.
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Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
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Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us by using our Contact Us page.