Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cancellation Period: the period within which the customer may exercise their right of withdrawal;
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Customer: the individual who is not acting in a professional or business capacity and who enters into a remote purchase agreement with the seller;
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Day: calendar day;
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Recurring Transaction: a remote agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
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Durable Medium: any means that allows the customer or seller to store information addressed to them personally, enabling future reference and unchanged reproduction of the stored information;
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Right of Withdrawal: the option for the customer to cancel the remote purchase agreement within the cancellation period;
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Seller: the individual or legal entity offering products and/or services remotely to customers;
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Remote Purchase Agreement: an agreement whereby, within a system organized by the seller for remote sales of products and/or services, only one or more remote communication technologies are used up until and including the conclusion of the agreement;
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Remote Communication Technology: a means that can be used to conclude an agreement without the customer and seller being simultaneously present in the same location;
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Terms and Conditions: these Terms and Conditions of the seller.
Article 2 – Applicability
These terms and conditions apply to every offer by the seller and to every concluded remote purchase agreement and order between the seller and customer.
Before the remote purchase agreement is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the terms and conditions can be viewed at the seller’s premises and will be sent to the customer free of charge upon request.
If the remote purchase agreement is concluded electronically, the text of these terms and conditions may, prior to the conclusion of the agreement, be provided to the customer electronically in a manner that allows easy storage on a durable medium. If this is not reasonably possible, it will be indicated before the agreement where the terms and conditions can be viewed electronically and that they will be sent to the customer free of charge upon request.
If specific product or service conditions apply in addition to these terms and conditions, the above applies accordingly, and the customer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.
If one or more provisions of these terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions shall be assessed in the spirit of these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these terms and conditions.
Article 3 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The seller reserves the right to amend and adjust the offer at any time.
The offer contains a complete and accurate description of the products and/or services offered, in sufficient detail to allow a proper assessment by the customer. Any images used are an accurate representation of the products and/or services offered. The seller is not bound by obvious errors or mistakes in the offer.
All images and specifications in the offer are indicative and may not give rise to any claim for damages or cancellation of the agreement. The seller cannot guarantee that displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make clear to the customer what rights and obligations are associated with accepting the offer, including the price, any applicable shipping costs, the manner in which the agreement will be concluded, whether or not the right of withdrawal applies, the method of payment, delivery, and fulfillment of the agreement.
Article 4 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the customer accepts the offer and meets the conditions set therein.
If the customer has accepted the offer electronically, the seller shall promptly confirm receipt of this acceptance electronically. The customer may cancel the agreement as long as this confirmation has not been received.
If the agreement is concluded electronically, the seller will implement appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the customer can pay electronically, the seller will take appropriate security measures.
The seller may, within legal limits, verify whether the customer can meet their payment obligations, as well as other factors relevant to entering into the remote purchase agreement responsibly. If the seller has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or attach special conditions to its fulfillment.
When delivering a product or service, the seller will provide the customer with the following information in writing or in a format that allows easy storage on a durable medium: the contact address of the seller’s business where the customer can submit complaints; the conditions and procedure for exercising the right of withdrawal; information about warranties and after-sales service.
Every agreement is entered into subject to the condition that sufficient availability of the relevant products exists.
Article 5 – Right of Withdrawal
Upon purchasing products, the customer has the right to cancel the agreement without giving reasons within 30 days. This cancellation period begins the day after the customer, or a designated representative known to the seller, receives the product.
During the cancellation period, the customer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the customer wishes to keep it. If the customer exercises their right of withdrawal, they shall return the product with all included accessories and, where reasonably possible, in its original condition and packaging, in accordance with the seller’s clear and reasonable instructions.
If the customer wishes to exercise their right of withdrawal, they must notify the seller in writing or by email within 30 days of receiving the product. After notifying the seller, the customer must return the product within 30 days. The customer must provide proof of timely return, such as a shipping receipt.
If the customer has not communicated their intent to withdraw or returned the product within the stated periods, the purchase is final.
Article 6 – Costs in Case of Withdrawal
If the customer exercises their right of withdrawal, the cost of returning the products is the customer’s responsibility.
If the customer has made a payment, the seller will refund it as soon as possible, and no later than 30 days after withdrawal, provided the product has been received back by the seller or conclusive proof of return has been provided.
Article 7 – Exclusion of Right of Withdrawal
The seller may exclude the customer’s right of withdrawal for products created to the customer’s specifications; clearly of a personal nature; that cannot be returned due to their nature; that can spoil or expire quickly; whose price is tied to fluctuations in financial markets beyond the seller’s control; individual newspapers and magazines; audio and video recordings or computer software where the customer has broken the seal; hygiene products where the customer has broken the seal.
Article 8 – Pricing
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in sales tax rates.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases more than 3 months after the conclusion of the agreement are only permitted if the seller has stipulated this and they result from legal regulations or provisions, or the customer has the right to cancel the agreement.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. The seller is not obligated to fulfill the agreement at an incorrect price resulting from a typographical or printing error.
Article 9 – Identity of the Seller
Business Name: Norvia Nexus Ventures LLC
Business Address:
2106 House Ave
Suite 759
82001 Cheyenne
Email: support@rouxandtate-boston.com
EIN: 42-2508557
Article 10 – Conformity and Warranty
The seller warrants that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and the laws and regulations in effect at the time the agreement was concluded.
Any warranty provided by the seller, manufacturer, or importer does not affect the legal rights and remedies the customer may have against the seller under the agreement.
Any defects or incorrectly delivered products must be reported to the seller in writing within 30 days of delivery. Returned products must be in their original packaging and in new condition.
The seller’s warranty period corresponds to the manufacturer’s warranty period. However, the seller is not responsible for the suitability of the products for each individual use by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if the customer has repaired or modified the delivered products themselves; the delivered products have been exposed to abnormal conditions or handled carelessly; or the defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Fulfillment
The seller will exercise the utmost care when receiving and fulfilling orders for products.
The delivery address is the address the customer has provided to the seller.
Subject to the provisions of Article 4, the seller will fulfill accepted orders promptly, and no later than 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled in whole or in part, the customer will be notified no later than 30 days after placing the order. In such cases, the customer has the right to cancel the agreement free of charge and may be entitled to compensation.
In the event of cancellation as described above, the seller will refund any amount paid by the customer as soon as possible, and no later than 30 days after cancellation.
If delivery of an ordered product proves impossible, the seller will endeavor to provide a substitute item. This will be clearly communicated at the latest upon delivery. The right of withdrawal cannot be excluded for substitute items. The cost of any return shipment is the seller’s responsibility.
The risk of damage and/or loss of products rests with the seller until the moment of delivery to the customer or a designated representative, unless expressly agreed otherwise.
Article 12 – Recurring Transactions: Duration, Cancellation, and Renewal
Cancellation: The customer may cancel an open-ended agreement for the regular delivery of products or services at any time, subject to agreed cancellation rules and a maximum notice period of one month.
The customer may cancel a fixed-term agreement for the regular delivery of products or services at the end of the fixed term, subject to agreed cancellation rules and a maximum notice period of one month.
The customer may always cancel agreements at any time without being restricted to a specific date or period, using the same method as originally agreed, and with the same notice period as applies to the seller.
Renewal: A fixed-term agreement for the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the customer may cancel at any time with a maximum notice period of one month.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the customer must be paid within 7 business days of the start of the cancellation period. For service agreements, this period begins after the customer has received confirmation of the agreement.
The customer is obligated to promptly notify the seller of any inaccuracies in provided or stated payment details.
In the event of non-payment by the customer, the seller reserves the right, subject to legal limitations, to charge reasonable costs previously communicated to the customer.
Article 14 – Complaints
Complaints about the fulfillment of the agreement must be submitted to the seller in full and clearly described within 7 days of the customer discovering the deficiency.
Complaints submitted to the seller will be responded to within 30 days of receipt. If a complaint requires a longer processing time, the seller will respond within 30 days with an acknowledgment and an indication of when the customer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the seller’s obligations unless the seller expressly indicates otherwise in writing.
If a complaint is found to be justified, the seller will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the seller and customer to which these terms and conditions apply are exclusively governed by the laws of the State of New Mexico, United States of America, even if the customer resides abroad.
Article 16 – Payment Data Compliance
In accordance with applicable regulations regarding payment service providers, payment service providers may register and report transaction data to relevant financial authorities and regulatory systems. By completing a purchase, the customer acknowledges that their payment information may be processed and reported in compliance with applicable law.