Terms of service

OVERVIEW

Welcome to Nouve Studios. The terms “we”, “us” and “our” refer to Nouve Studios. Nouve Studios operates this store and website, including all related information, content, features, tools, products and services in order to provide you, as the customer, with a carefully curated shopping experience, the “Services”. Nouve Studios is powered by Shopify, which enables us to provide these Services to you.

The general terms and conditions below, together with all policy documents referred to in them, 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 contain important information about your legal rights and address matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached at least the age of majority under the applicable laws in your country of residence, and that you have given us your consent to allow any minor dependants of yours to use the Services on devices owned, purchased or managed by you.

To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, you may be asked to provide certain information, such as your email address, billing details, payment details and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are responsible for safeguarding your account details and for all activity carried out through your account. You must not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services in our online stores as accurately as possible. Please note that colours or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to visit the store and the settings and configuration of your device.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or exactly match how they are depicted or displayed in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer on a case-by-case basis by person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. Nouve Studios reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is only accepted once Nouve Studios confirms that acceptance. We must receive and process your payment before your order is accepted. Please check your order carefully before submitting it, as Nouve Studios may no longer be able to process cancellations once an order has been accepted. If we do not accept, amend or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.

Your purchases are subject solely to our Refund Policy with regard to returns or exchanges.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, published prices exclude taxes, shipping, handling, customs duties or import charges.

Prices in our online stores may differ from prices in physical stores or in online or other stores operated by third parties. We may from time to time offer promotions on the Services that affect pricing and are subject to separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card provider, and (iv) you will pay the charges incurred by you at the prices in force, including shipping and handling charges and all applicable taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. The risk of loss of or damage to the products passes to you once the products have been delivered to you or to a third party designated by you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade marks, brand names, text, interfaces, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are owned by Nouve Studios, its affiliates or licensors and are protected by copyright, trade mark rights and other applicable intellectual property laws in the European Union, the Netherlands and internationally. These Terms grant you only the right to use the Services for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly stated in these Terms, nothing in these Terms grants you any licence or rights under any patent, trade mark, copyright or other intellectual property right of Nouve Studios, Shopify or any third party. Unauthorised use of the Services may constitute a breach of applicable intellectual property laws or other relevant laws. All rights not expressly granted herein are reserved by Nouve Studios. The name Nouve Studios, including all related logos, product names, service names, designs and slogans, are trade marks of Nouve Studios or its affiliates or licensors and must not be used without prior written permission. The name, logo and product and service names, designs and slogans of Shopify are trade marks of Shopify. All other names, logos, product names, service names, designs and slogans appearing on the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party customer tools as part of the Services, over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider or providers.

We may also, in the future, offer new features through the Services, including the introduction of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any loss or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the policies and practices of the relevant third party carefully before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Nouve Studios is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are concluded directly with Nouve Studios. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transactions between you and Nouve Studios, including any injury, damage or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchases and transactions with Nouve Studios.

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policy documents.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve those Services for you. Information that you submit through the Services will be transferred to and shared with Shopify and with third parties who may be located in countries other than the country in which you reside, in order to provide services to you. Please refer to our Privacy Policy for more information on how we, Shopify and our partners use your personal data.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise send any ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively “Feedback”, you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use the rights under this licence to operate, provide, assess, improve and promote the Services and to perform our obligations under these Terms of Service and exercise our rights under them.

You also represent and warrant that: (i) you own all Feedback or otherwise have all necessary rights to it, (ii) you have disclosed any compensation or incentives received in connection with your Feedback, and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.

We may, but are under no obligation to, monitor, edit or remove Feedback where we determine in our sole discretion that it is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or infringes any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not access or use the Services directly or indirectly: (a) for any unlawful or malicious purpose, (b) to violate any applicable international, European, national or local laws, rules or regulations, (c) to infringe our intellectual property rights or those of others, (d) to harass, abuse, harm, defame or otherwise mistreat our employees or others, (e) to submit false or misleading information, (f) to transmit, receive, upload, download, use or re-use any material that does not comply with these Terms, (g) to send, or procure the sending of, any advertising or promotional material, including spam or similar solicitations, (h) to impersonate any person or entity, or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Nouve Studios, Shopify or users of the Services or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services, (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, (c) collect or track the personal data of others, (d) spam, phish, pharm, pretext, spider, crawl or scrape, (e) use automated systems, bots, scripts, scrapers, data mining tools or similar means to access the Services, collect data from the Services or copy, extract or index content from the Services, except where expressly permitted by us in writing or where mandatory law provides otherwise, (f) use artificial intelligence systems, automated assistants or other software to access, use or interact with the Services on your behalf in a manner that may damage, disrupt or circumvent our systems, security, availability or the rights of Nouve Studios, Shopify or third parties, or (g) interfere with or circumvent the security features of the Services or any related website, other websites or the internet.

We reserve the right to take technical or organisational measures to limit, block or monitor automated access to the Services, to the extent permitted under applicable law.

SECTION 14 - AUTOMATED ACCESS AND AI SYSTEMS

If you use, or allow to be used, any bot, agent, crawler, artificial intelligence system or other automated tool to access, use or interact with the Services, that tool must at all times clearly behave as an automated system and must not present itself as a human user.

Without our prior written consent, such automated tools must not: (a) request, retrieve or copy large volumes of pages, data or content from the Services, (b) circumvent or attempt to circumvent technical limitations, access controls, robots.txt instructions, CAPTCHAs or similar protective measures, (c) interfere with the normal operation, performance or availability of the Services, or (d) use content from the Services in any way that infringes applicable law or our rights or the rights of third parties, including intellectual property rights.

We may determine whether, and on what terms, automated tools are permitted to access the Services. We may restrict, suspend or block automated access where this is reasonably necessary to protect the Services, our customers, our business operations or our rights, to the extent permitted under applicable law.

Nothing in this section limits any mandatory rights you may have under applicable consumer protection law or other mandatory rules of Dutch or European law.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services or any part of them at any time at our sole discretion and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall also survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant that this information is accurate, complete or useful. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

UNLESS EXPRESSLY STATED OTHERWISE BY Nouve Studios, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY IMPLIED WARRANTY OR CONDITION. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Nothing in these Terms affects any mandatory statutory rights you may have under applicable consumer protection law.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nouve Studios, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM ARISING IN ANY WAY IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nouve Studios, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party as a result of or arising out of: (1) your breach of these Terms of Service or the documents they refer to, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, provided that any failure to give prompt notice will not release you from your obligations unless you are materially prejudiced by that failure. We may control the defence and settlement of such a claim at your expense, including the choice of legal adviser, but we will not settle any claim imposing non-financial obligations on you without your consent, which must not be unreasonably withheld. You will cooperate in the defence of claims subject to indemnification, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in relation to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations under them without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the Netherlands. If you are a consumer residing in a Member State of the European Union, you will benefit from any mandatory provisions of the law of the country in which you reside. Any disputes arising out of or in connection with these Terms of Service shall be submitted to the competent court in the Netherlands.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms in any way.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@nouvestudios.com.

Our contact details are set out below:

Nouve Studios
info@nouvestudios.com

Weesperstraat 164, 1018 DN Amsterdam, the Netherlands
+31 6 16894416
Chamber of Commerce number: 91936667
VAT number: NL004926149B37