Terms and Conditions of Sales

ABOUT US:
Address: 5830 E 2nd St, Ste 7000 #11584

Casper, Wyoming 82609 Us

E-mail: contact@mediwell-solutions.com

Contact form: Get in touch

Phone: (+1) 408 912 2745

Company name: NOVALY LLC

Company Number: 2023-001334357

Tax registration number (EIN): 36-5088684

Customer service: Monday to Friday from 9 a.m. to 8 p.m.

This policy is valid for the countries: USA, CANADA, AUSTRALIA, UNITED KINGDOM, ALL EUROPEAN COUNTRIES.

Introduction

These General Terms and Conditions of Sale (hereinafter the "Terms") apply to the sale of products on the website https://www.mediwell-solutions.com (the "Site") operated by NOVALY LLC (the "Company").

Definitions

• Customer: Any person acting outside their commercial, industrial, craft, or agricultural activity who accesses the Site to purchase a Product.
• Order: A Customer's order for a Product offered for sale on the Site.
• Data: Any information (details, texts, photos, messages, etc.) collected from the User and implemented by them on the Site through its use.
• Personal Data: Any information relating to an identified or identifiable natural or legal person.
• Functionality: Each element implemented, accessible, and usable within the Site.
• Delivery: Provision of the ordered Product to the Customer at the designated address.
• Means of Access: Methods and/or functions by which a Customer may access the Site.
• Operator: Company that operates the various electronic telecommunications networks required to access and use the Site.
• Parties: The Company and the Customer.
• Product: Goods offered for sale on the Site. A list of Products is available at: https://www.mediwell-solutions.com/collections.
• Price: The price indicated on the Site for a Product, excluding applicable taxes and duties.
• Site: The Company's website (https://www.mediwell-solutions.com) enabling the Customer to purchase Products.
• Third Party: Refers to natural or legal persons who are not linked by common ownership or control to the Company or other individuals unrelated to the Company and/or the Customer.

Purpose

These Terms define the conditions under which a Customer may purchase Products on the Site.

For any questions or to contact us, Users are invited to email the Company at contact@mediwell-solutions.com.

Acceptance of Terms

By checking the appropriate box when placing an Order, the Customer acknowledges that they have read and accepted these Terms. Placing an Order implies the Customer's unreserved acceptance of these Terms, which are always available on the Site.

Modification of Terms

The Company may modify these Terms at any time. Customers will be informed of any changes on the Site.

The Terms applicable to the Customer are those in effect on the day the Order is placed. Any new Order placed implies acceptance of the new Terms applicable on the day of the new Order.

Products

The Products offered for sale on the Site are listed at: https://www.mediwell-solutions.com/collections. The main characteristics of the Products are presented on the Site, which the Customer should read before placing an Order.

Prices

• Product prices appear on the Site and are quoted in the currency applicable to the Customer's selected market (e.g., USD, CAD, AUD, EUR).
• Prices exclude taxes, duties, processing, shipping, transport, and delivery charges, which are invoiced additionally under the conditions indicated on the Site and calculated before placing the Order.
• Customers are responsible for any applicable customs duties or other local or import taxes.
• Product prices may be modified at any time on the Site. The price applicable to the Products concerned corresponds to the price in effect at the time the Order is registered.

Order

Customers are guided through the Ordering process by a series of simple instructions displayed on the Site.

• Customers can order Products on the Site by clicking "Order."
• They can delete or modify the selected Product before validating the Order and accepting the Terms.
• Confirmation of the Order by clicking "Order and Pay" implies the Customer's obligation to pay.

Payment

Orders are paid for by secure payment using a credit or debit card (accepted cards will be listed on the Site) or Paypal. Cash or check payments are not accepted.

• If the Customer benefits from a discount or promotion code, they are responsible for indicating it in the designated section of the Order process. It will not be possible to use a promotional code or benefit from a discount offer once the Order has been validated.

Order Confirmation and Availability

• An email acknowledging receipt of the Order and summarizing the information it contains will be sent to the address provided by the Customer once the Order has been placed.
• Product offers are valid while stocks last, in accordance with the information available on the Site and at the time the Order is placed.
  

• The Company reserves the right to refuse any Order without compensation for the Customer concerned if it is abnormal or for any other legitimate reason.
  
  
  

Delivery

• Products are delivered within the timeframe specified on the Site (which may vary depending on the Customer's location) to the address indicated by the Customer during the Order process.
• Delivery times are estimates and may vary depending on factors beyond the Company's control (e.g., customs clearance).
• In accordance with applicable provisions, the Customer may have the right to cancel the contract in case of excessively delayed delivery.
• The risks of loss or damage to the Products are transferred to the Customer at the time they take physical possession of the Products covered by the Order.

Withdrawal

• Customers have the right to withdraw from the Order without giving any reason within the timeframe specified by the relevant market regulations (e.g., 14 days in the EU, 30 days in Canada and Australia).
• The withdrawal period runs from the date the Product was delivered to the Customer.
• To exercise the right of withdrawal, the Customer must notify the Company of their decision to withdraw by contacting them by email or telephone, unambiguously expressing their wish to withdraw (contact details will be provided on the Site).
• The Customer must return the Product within a reasonable timeframe (as specified by market regulations) following communication of their decision to withdraw.
• In the event of withdrawal by the Customer in accordance with the above terms, the Company will reimburse the Customer for all payments made, including standard delivery costs (expedited shipping costs will not be refunded if chosen by the Customer), without undue delay and in accordance with market regulations.
• The Customer is responsible for the cost of returning the Product.
• The Customer is liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product.
• The Customer's right of withdrawal may not apply to certain products, such as those that cannot be returned for reasons of hygiene or health protection if the Customer has opened them after Delivery, audio or video recordings or computer software if the Customer has opened them after Delivery, or products likely to deteriorate or expire rapidly.

Liability and Warranty

• The Company is fully liable to the Customer for the proper performance of its obligations under the Terms and any Order. However, the Company's liability may be limited or excluded in accordance with applicable market regulations.
• More information about the Company's warranties, if any, will be available on the Site or provided upon request.

Description and Access to the Site

• The Company provides a Site enabling Customers to purchase Products. The Site allows each Customer to access the description of all the Products offered for sale.
• Simply accessing the Site and placing an Order does not require an access code or login.
• The Site is accessible twenty-four hours a day (24/7) subject to scheduled maintenance or downtime.
• The Company uses all reasonable means at its disposal to ensure quality access to the Site. However, the Company cannot be held responsible for any network or server malfunction or any other event beyond reasonable control, which prevents or degrades access to the Site.
• The Company reserves the right to interrupt, temporarily suspend, or modify without notice access to all or part of the Site, in order to carry out maintenance, or for any other legitimate reason.

Personal Data

• The Customer is informed that the collection of their Personal Data is necessary for processing Orders and for their transmission to third parties for Product delivery purposes. This Personal Data is collected solely for the purpose of executing the Order and the Terms.

• The Customer is informed that they are required to provide the data listed below, and that failure to do so may result in the impossibility of fulfilling the Order and the Terms.

• Person responsible for processing Personal Data:

  • Name: NOVALY LLC
  • Address: 5830 E 2nd St, Ste 7000 #11584, Casper, Wyoming 82609 USA
  • Contact: contact@mediwell-solutions.com

• Limitation of processing:

  • Unless the Customer expressly consents, their Personal Data is not used for advertising or marketing purposes.

• Collection of personal data:

  • The Personal Data collected on the Site are as follows:
    • Ordering Products: First name, Last name, Email address, Postal address, Telephone number.
    • Payment: When paying for Products offered on the Site, the Site may collect financial data relating to the Customer's bank account or credit card (depending on the payment method chosen).

• Recipients of personal data:

  • Personal Data is used by the Company and its subcontractors for the execution of the Order and the Terms and to ensure the efficiency of the sales and delivery service of the Products. The category(ies) of subcontractor(s) include: Product suppliers and transport providers.

• Data retention period:

  • The Company will retain the collected data for a period specified by applicable market regulations (e.g., GDPR compliance in the EU).

• Security and confidentiality:

  • The Company implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, the Company cannot guarantee the security of information transmission or storage over the internet.

• Enforcement of customer and user rights:

  • In accordance with applicable data protection regulations, Customers and users of the Site have the following rights:
    • They may update or delete their personal data by following the instructions provided on the Site or by contacting the Company (contact details provided above).
    • They may exercise their right of access to their Personal Data by contacting the Company (contact details provided above).
    • They may request that inaccurate Personal Data be corrected by contacting the Company (contact details provided above).
    • They may request the deletion of their Personal Data, in accordance with applicable data protection laws, by contacting the Company (contact details provided above).
    • They may also request the portability of data held by the Company to another service provider.
    • Finally, they may object to the processing of their data by the Company. These rights, provided they do not object to the purpose of the processing, may be exercised by contacting the Company (contact details provided above).
  • The Company must respond to requests within a timeframe specified by applicable market regulations.

• Marketing communications:

  • The Customer may be asked to tick a box by which they agree to receive informative and advertising emails from the Company. The Customer may withdraw this consent at any time by following the unsubscribe instructions in the emails or by contacting the Company (contact details provided above).

• Telephone canvassing opt-out:

  • Your telephone number is collected when you place your Order. We inform you that your telephone number will only be used to process your orders or to contact you in order to offer you new services specific to your previous order. Customers may also be able to register on a "do not call" list according to applicable market regulations (instructions will be provided on the Site).

Security

• The Site uses industry-standard SSL encryption to protect data transmissions.
• Payment data is exchanged in encrypted mode using a protocol defined by the approved payment service provider for banking transactions carried out on the Site.

Customer Commitments

• The Customer declares that the information provided to the Company is true and accurate. Any inaccuracy in the Customer's declarations may give rise to liability on the part of the Customer.
• The purchase of Products is reserved for persons of legal age and capacity according to applicable market regulations.
• The Customer undertakes not to use the Products for any commercial or resale purpose whatsoever unless authorized by the Company.

Force Majeure

Neither Party will be liable for the non-performance or delay in performance of any of their obligations under these Terms due to Force Majeure events as defined by applicable market regulations.

Intellectual Property

• All intellectual property rights relating to the Site (including but not limited to trademarks, logos, designs, texts, and images) are the exclusive property of the Company or its licensors.
• Customers are granted a non-exclusive right to use the Site for the purposes of placing an Order for the Products.
• Any total or partial reproduction, modification, or use of the Site's elements for any purpose other than placing an Order is strictly prohibited.

Hyperlinks

• The Site may contain hyperlinks leading to third-party websites. The Company shall not be held liable for the content of these third-party websites or the practices of such third parties.

Entire Agreement

These Terms, together with any Order placed, constitute the entire agreement between the Company and the Customer regarding the use of the Site and the purchase of the Products.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.

Governing Law and Dispute Resolutionf

• These Terms are governed by the laws of USA (without regard to its conflict of laws provisions).
• In the event of a dispute arising out of or relating to these Terms, the parties agree to attempt to settle the dispute amicably.
• If the parties are unable to reach an amicable settlement, the dispute shall be submitted to the exclusive jurisdiction of the courts of USA.

Complaints

Customers may submit any complaints relating to the Company's service or the Products to the Company by email at contact@mediwell-solutions.com.

Applicable Market Regulatory Information

United States (USA)

• Warranty Disclaimer: NOVALY LLC makes no warranties, express or implied, with respect to the Products, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

• Limitation of Liability: NOVALY LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Products, even if NOVALY LLC has been advised of the possibility of such damages.

Canada

• Warranty: NOVALY LLC warrants that the Products will be free from defects in materials and workmanship for a period of 1 year from the date of purchase. This warranty is limited to the original purchaser of the Product and is not transferable.

• Consumer Guarantees: In accordance with the Canadian Competition Act, Canadian consumers have the right to a product that is safe, durable, and performs as advertised. If a Product does not meet these expectations, the consumer may be entitled to a repair, replacement, or refund.

Australia

• Consumer Guarantees: Under the Australian Consumer Law, consumers have certain guarantees in relation to goods and services, including guarantees that the Products will be of acceptable quality, fit for purpose, and safe. If a Product does not meet these guarantees, the consumer may be entitled to a repair, replacement, or refund.

• More Information: For more information about consumer guarantees in Australia, consumers can visit the Australian Competition and Consumer Commission website at https://www.accc.gov.au/.

United Kingdom (UK)

• Consumer Rights Act 2015: The Consumer Rights Act 2015 gives consumers in the UK certain rights in relation to faulty or misdescribed goods. These rights include the right to a repair, replacement, or refund.

• More Information: For more information about consumer rights in the UK, consumers can visit the Citizens Advice website at https://www.citizensadvice.org.uk/.

Data Protection

• Regardless of the market, NOVALY LLC will comply with all applicable data protection laws and regulations. For more information about our data protection practices, please see our Privacy Policy.

Acceptance

By placing an Order, the Customer acknowledges that they have read, understood, and accepted these Terms.