Terms & Conditions
NU EVOLUTION LLC (“Nu Evolution”, “us” or “we”) owns and operates this website (the “Site”). The content, services and products available to you through the Site are subject to the following Terms and Conditions. By your access to and/or use of this Site, you acknowledge and agree that you have read, understand and agree to be bound by these Terms and Conditions.
TERMS OF SALE
You must be over 18 years of age and possess a valid credit card to purchase products from Nu Evolution. We reserve the right to refuse any order placed in our sole discretion.
By placing an order you are offering to purchase a product on, and subject to, these Terms and Conditions. When you place an order, you will receive an acknowledgement email confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit card used to place your order, and that there are sufficient funds to cover the cost of the goods.
(b) Pricing and Availability
All prices on our Site are in U.S. dollars.
Although we attempt to ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as reasonably possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Shipping charges will be charged in addition to the price of the goods; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card. Your payment card will be charged upon authorization being received.
Dispatch times may vary according to product availability and subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.
(e) Returns and Refunds
Our return and refund policy can be found on our website by clicking RETURN POLICY. Our Return Policy is deemed a part of and included within these Terms and Conditions.
ACCURACY OF INFORMATION
When describing our products and any other information available on the Site, we attempt to be as accurate as possible. However we cannot guarantee that colors, descriptions and any other information provided on the Site is accurate, correct, reliable, up-to-date or without errors.
RESALE OF PRODUCTS
You may not sell or resell any products sold and/or distributed by Nu Evolution LLC without our prior written consent.
In order to create an account on the Site, you must be over thirteen (13) years of age. If you are not over thirteen (13) years of age, you may not register or provide any personal information on the site.
If you are over thirteen (13) years of age and choose to register, you will be required to provide an email address and to create a username and password for your account.
Nu Evolution is not responsible for the confidentiality of your account, username, password and any other information you release to the Site. It is your responsibility to restrict access to your computer and to provide information that is truthful, accurate and current. All activities that occur under your account, username and/or password are your responsibility and you are the only authorized user. No other person and/or entity may use your account, username and/or password to access the Site.
We grant you a limited, revocable and non-exclusive license to access and use this Site on a temporary basis. We reserve the right to withdraw or amend our content, products and/or services at any time without notice.
We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
THIRD PARTY WEBSITES AND LINKS
This Site may contain links to other websites (the “Linked Websites”), which are not operated by us. Nu Evolution has no control over the Linked Websites and we shall not be liable directly or indirectly for the accuracy of information and/or content on such Linked Websites. The links on our Site to the Linked Websites do not imply and shall not be construed as our endorsement or approval of any content or material contained on or accessible through the Linked Websites. We have no control over whether the content on Linked Websites is of a nature that you or other users may find offensive or violates the rights of others.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you cannot establish a link in such a way as to suggest any form or association, approval or endorsement on our part where none exist. You must not establish a link from any website that is not owned by you. This Site must be framed on any other website. You may not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice in our sole discretion.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images, text, taglines and logo) made available to you on or through this Site are the property of Nu Evolution and/or its licensors and are protected by United States and international copyright laws and treaties. All such rights are reserved by Nu Evolution and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise, without our express, prior written consent.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trademark and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with Nu Evolution and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Site are owned by the respective trademark owners. Where our trademark or brand name is referred to, it is used solely to describe or identify the products and services and is not in any way an assertion that such products or services are endorsed by or connected to Nu Evolution. Nu Evolution is a registered trademark of Nu Evolution LLC.
DISCLAIMER OF LIABILITY
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS”, WITHOUT ANY GUARANTEES OR WARRANTIES AS TO ITS ACCURACY. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NU EVOLUTION WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, UNDER ANY CIRCUMSTANCES, FOR ANY (1) INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, (3) DATA NON-DELIVERY, MISDELIVERY, DESTRUCTION, CORRUPTION, OR OTHER MODIFICATION, (4) LOSS OR DAMAGES OF ANY KIND INURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF LINKS TO THIRD-PARTY WEBSITES ON THE SITE, (5) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING LINKS TO OR FROM THIRD-PARTY WEBSITES, (6) ANY INACCURACIES OR OMISSIONS IN CONTENT, OR (7) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NU EVOLUTION WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES) RELATED TO THE SITE OR YOUR USE THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT NO CLIAM OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to indemnify, defend and hold harmless Nu Evolution and its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your use this Site or your breach of these Terms and Conditions.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise; please let us know if you have any complaints or comments.
GOVERNING LAW AND VENUE
These Terms and Conditions shall be subject to and governed by the laws of the State of New Jersey. Venue for all actions arising out of these Terms and Conditions or otherwise between you and us shall be solely in Mercer County, New Jersey.
These Terms and Conditions constitute the entire agreement between us concerning your use of the Site, and supersede any and all preceding and contemporaneous proposals, communications, or agreements between you and Nu Evolution.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
We reserve the right, in our sole discretion and at any time without notice, to amend, remove or vary the services and/or any page of this Site.
We reserve the right, in our sole discretion and at any time without notice, to terminate or prohibit your access to the Site for any reason. Nu Evolution will not be liable to you or any third party for any termination of your access to the Site.
We reserve the right, in our sole discretion and at any time without notice, to change these Terms and Conditions by posting the changes on the Site. Your continued use of the Site thereafter shall constitute your agreement to all such changed Terms and Conditions.
Our failure to insist upon full performance of any provision hereof shall not affect our full right to require your full performance thereafter. Our inaction upon your breach of any provision hereof shall not be taken or held to be a waiver of the provision itself, and we will still be entitled to use our rights and remedies in any other situation where you breach any provision hereof.
If any provision of these Terms and Conditions shall be deemed invalid or unenforceable by a court of competent jurisdiction or under any applicable law, it will not affect the validity of any other clause or provision here, but such other clauses or provision shall remain in full force and effect.