Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Nüline Distribution, 123 West Service Road, Champlain, NY, 12919, United States pursuant to this Agreement. The acceptance and fulfillment by Nüline of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement. All other contrary terms and conditions are expressly rejected, and no addition or modification to this Agreement shall be binding unless agreed to in writing by Nüline. Buyer accepts these terms and conditions by placing an order through the Website, or by receiving delivery of any products ordered by Buyer from the Website. Nüline shall not be deemed to have accepted Buyer's offer unless and until Nüline sends to Buyer, through electronic means, facsimile or other written communication, an acknowledgment that Buyer's order has been confirmed and will be fulfilled by Nüline. Nüline 's acceptance of any offer by Buyer is only made with the express understanding that this Agreement shall govern any sale of products through the Website to Buyer.
Prices, Availability and Taxes
Prices of products on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and Nüline makes no representations or warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, GST/HST Tax. All applicable taxes and other charges will be added to the purchase price.
When ordering products on the Website, Buyer may use [VISA, MASTERCARD, AMEX, PAYPAL]. Nüline will not accept checks, COD. If Buyer fails to pay for any products received, Nüline shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Nüline, including, but not limited to, attorney fees, costs and interest.
Shipping, Title and Risk of Loss
We ship to all States, excluding Hawaii and Alaska as well as Puerto Rico and the U.S Virgin Islands. Also, please note that we not deliver to P.O. Box. addresses, but accept is as a billing address. You will be advised by one of our customer service representative of any delays or out of stock products.
Nüline will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. Nüline shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Nüline's (or its agent's) delivery to the carrier at the shipping point.
KINTO Product Warranty - All KINTO products carry a limited warranty on manufacturer defects. Glass is not covered by warranty. Proof of purchase must be provided documenting purchase is within timeframe to receive replacement or refund. Please retain purchase receipts for your records.
ATELIER TETE Product Warranty - All Atelier Tete products carry a limited warranty on manufacturer defects. Atelier Tete being hand glazed, mould hand made, any difference in shapes, color shades are not covered by the warranty and in any case consider as manufacturing defects. Crackles are also part of the design and as such are not covered by the warranty and again not consider as manufacturing defects Proof of purchase must be provided documenting purchase is within timeframe to receive replacement or refund. Please retain purchase receipts for your records.
Change of mind
nuspace.com allows 10 days for the return of unused products, based on the date the item was received by the customer. We offer refunds or replacements for unused merchandise with original packaging, minus shipping charges (including free shipping cost). Please note that return shipping charges will be at your expense.
Please note: Clearance Items (with the mention of 'final sale' in the product page) and Promotional Online Offer are ""final sale"" and cannot be returned or exchanged unless the merchandise was found to be defective.
Returns and damages caused by misuse or non-household use are not covered within this policy and are purely at the discretion of nuspace.com. Items received with broken glass are not considered defective products. nuspace.com must be notified of any breakage within five business days.
Wrong items received
nuspace.com allows 10 days for the return of unused products, based on the date the item was received by the customer. We offer refunds or replacements for unused merchandise with original packaging. All shipping costs will be covered by us.
1. Please contact us via email firstname.lastname@example.org or respond to your confirmation order email with the reason of the return. You will receive a Return Authorization number to put inside the return box. (Returns with an invalid, expired or missing RA number will be subject to a 50% restocking fee.)
2. You must use your original box to ship your return items. If there are any existing shipping labels, stickers, or other materials on the shipping box from previous shipments, please remove them.
3. Please return your items using the carrier of your choice to this address :
5780 rue Paré
Mont-Royal (QC) H4P 2M2
4. We’ll take care of the rest! Once your return is received and inspected by the fulfillment center (usually within 72 hours of receipt), your refund will be processed and a credit will be automatically applied to your credit card or original method of payment within 7 days. Please note that depending on your credit card company, it may take an additional 2-10 business days after your credit is applied for it to post to your account.
The following items may NOT be returned
- Used or damaged items
- Discontinued products
- Products that are not in their original packaging and containing all accessories
- Items over 10 days of the shipment receipt date
Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Nüline.
Buyer represents that it has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that it has provided accurate information to Nüline in purchasing products through the Website and that its offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that it is solely responsible compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that it is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act of 1970.
Buyer shall defend, indemnify and hold Nüline and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer's employees or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Nüline. Nüline may participate in the defense of any such claim for the further protection of its own interests.
Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Nüline written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Nüline related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including Nüline 's disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL NÜLINE BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO BODUM OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Without limiting the scope of any other terms and conditions herein, Nüline shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Nüline may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Nüline be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Nüline, Nüline shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Nüline from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
a) No waiver by either party of any breach of any terms or conditions contained herein shall be consider as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Nüline in the event of Buyer's breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the United States mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to Nüline, to Nüline 5780 rue Paré, Mont-Royal, QC, H4P 2M2, CANADA.
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
d) These Terms and Conditions shall be governed by and under the laws of the province of Quebec, Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the province or federal courts of Montreal. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.
Any personal information gathered by us will be used solely for the purpose of order processing. We will not sell, traffic or hire out your personal data to third parties.
In order to process your order we need to know your name, phone number, e-mail address, postal address and credit card number with expiry date and security code.
Customer data security
If you send us an order containing information about your account, we will provide access to a security server. The security software (SSL) encrypts all information that you enter before it is sent to us. In addition, all customers are protected against unauthorized access by third parties.
1. You should assume that everything you see, read or hear on this site is protected by copyright, design right and/or other intellectual property rights unless otherwise stated and may only be used in accordance with these Terms. Nüline does not warrant or represent that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Nüline Images, illustrations, graphics, text, etc, are either the property of Nüline or third parties who have licensed their rights to Nüline The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms. Any unauthorised use of the images may violate copyright laws, trademark laws and/or other regulations and statutes.
2. The trademarks, logos and designs displayed on the site, are the property of Nüline or third parties who have licensed their rights to Nüline Nothing contained on the site should be cons1d as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Nüline or such third party that may own the trademarks displayed on the site.
3. You may download, print and store selected portions of the content of the site provided that you (l) only use these copies for your own personal, non-commercial use, (ll) do not copy or post the content on any network computer or broadcast the content in the media, and (lll) do not modify or alter the content in any way. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Nüline reserves complete title and full intellectual property rights in any content you download from this site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining written permission from Nüline in advance.
4. Nüline has not reviewed all of the sites linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
5. This site may contain links to other Web sites operated by third parties other than Nüline Such links are provided for your convenience only. Nüline does not control such Web sites and is not responsible for their content. The fact that this site contains links to other sites does not mean that Nüline approves of, endorses or recommends those sites, nor does it imply any association with their operators. Nüline disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this site.
6. Nüline may at any time revise these Terms by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the current Terms to which you are bound.
7. These Terms shall be governed by and under the laws of the Province of Quebec, Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be decided by the provincial courts of Quebec. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reasons in these courts.
Discounts and offers
All discounted products on Nüline Distribution website can not be combined with any other offer, discount or promotion. All sales items are final sale. No adjustments will be made on previous purchases.