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TERMS OF SERVICE — NELOINA LTD
Welcome to Neloina! The terms "we", "us" and "our" refer to Neloina Ltd, the legal entity behind the store Meloina. Meloina operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a personalised shopping experience ("the Services"). Meloina is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, including all policies referenced herein ("Terms of Service" or "Terms"), describe your rights and obligations when you use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy: https://meloina.com/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, access to and use of our Services is not permitted.
ARTICLE 1 — ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
ARTICLE 2 — IDENTITY OF THE ENTREPRENEUR
Company name: Neloina Ltd Companies House number: 16946681 Trade name: Meloina Customer service email: info@meloina.com Company address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
ARTICLE 3 — ACCESS AND ACCOUNT
To use the Services, including visiting or browsing our web stores or purchasing products or services that we offer, we may ask you to provide certain information, such as your email address and billing, payment and delivery details. 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 this information.
You are solely responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
ARTICLE 4 — OUR PRODUCTS
4.1 We strive to provide as accurate a description as possible of our products and services in our web stores. However, the colours and appearance of products may differ from how they are displayed on your screen, depending on the type of device you use and its settings and configuration.
4.2 We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description given in our web store.
4.3 All product descriptions may be changed at any time and without notice at our sole discretion. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantities we offer per person, geographic region or jurisdiction.
ARTICLE 5 — ORDERS
5.1 When you place an order, you are making an offer to purchase. Meloina reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not accepted until Meloina has confirmed it. We must have received and processed your payment before your order is accepted.
5.2 Check your order carefully before submitting it. Meloina may not be able to accommodate a cancellation request after the order has been accepted.
5.3 If we do not accept, modify or cancel an order, we will attempt to notify you by contacting you at the email address, billing address and/or telephone number you provided during the ordering process.
5.4 You may only return or exchange purchases in accordance with our Return Policy (see Article 17).
5.5 You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
ARTICLE 6 — PRICES AND BILLING
6.1 All prices for products displayed on the website are quoted strictly exclusive of Value Added Tax (VAT), import duties, customs clearance fees, and any other local taxes or levies applicable in the country of destination. As we do not charge VAT on these sales (see Article 13), the Customer is solely responsible for all such import-related costs.
6.2 Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect at the time you place your order. This price is stated in the confirmation email you receive after your order.
6.3 Notwithstanding the above, we may offer products or services with variable prices that are tied to fluctuations in the financial market, over which we have no control. This dependency on market fluctuations and the fact that any prices mentioned may be indicative prices will be clearly stated in the offer.
6.4 Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
6.5 Price increases occurring after 3 months from the conclusion of the agreement are only permitted if we have agreed to this, and they are the result of legal regulations or provisions; or the consumer has the right to terminate the agreement as of the date the price increase takes effect.
6.6 The prices displayed in our web stores may differ from prices in physical stores or in web stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms separate from these Terms. In case of discrepancies between promotional terms and these Terms, the promotional terms shall prevail.
6.7 You agree to provide current, complete and accurate purchase, payment and account information for all purchases you make in our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.8 You represent and warrant that (i) the credit card details you provide are accurate and complete; (ii) you are authorised to use the credit card for purchases; (iii) your purchases are approved by the credit card company; and (iv) you will pay the costs you incur at the stated prices, including shipping, handling fees and all applicable taxes, where applicable.
ARTICLE 7 — SHIPPING AND DELIVERY
7.1 We are not responsible for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed.
7.2 We are not responsible for delays caused by carriers, customs processing or events beyond our control.
7.3 After we have handed the products over to the carrier, ownership and risk of loss pass to you.
ARTICLE 8 — GENERAL CONDITIONS
8.1 We reserve the right to refuse service to anyone for any reason at any time.
8.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
8.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
ARTICLE 9 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
9.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
9.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
9.3 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 10 — INTELLECTUAL PROPERTY
10.1 Our Services, including but not limited to all trademarks, marks, texts, displays, images, graphics, product reviews, video and audio, and the design, selection and compilation thereof, are owned by Meloina, its subsidiaries or licensors and are protected by applicable intellectual property law.
10.2 These Terms permit you to use the Services only for personal, non-commercial use. It is not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written permission.
10.3 Except as expressly stated in these Terms, nothing in these Terms grants you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Meloina, Shopify or a third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property law. All rights not expressly granted in these Terms are reserved by Meloina.
10.4 Meloina's name, logos, product names, service names, design elements and slogans are trademarks belonging to Meloina or its subsidiaries or licensors. You may not use such trademarks without Meloina's prior written permission. Shopify's name, logo, product names, service names, design elements and slogans are trademarks belonging to Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks belonging to their respective owners.
ARTICLE 11 — OPTIONAL TOOLS
11.1 You may be given access to tools provided by third parties within the scope of the Services. We do not monitor these tools and have no control over or influence on them.
11.2 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.
11.3 Your use 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 tools are provided by the relevant third-party provider(s).
11.4 We may also, in the future, offer new features via the Services (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Service.
ARTICLE 12 — THIRD-PARTY LINKS
12.1 The Services may contain material and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of material or websites from third parties that you access.
12.2 If you choose to leave the Services to access such material or websites, you do so at your own risk.
12.3 We are not responsible for damages or other consequences in connection with your visit to third-party websites, or with your purchase or use of products, services, resources or content on third-party websites. Please review and make sure you understand the relevant third party's policies and practices before making a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.
ARTICLE 13 — IMPORT AND VAT
13.1 Shipment Origin: The Customer acknowledges that all goods ordered via this website are shipped directly by a third-party supplier located outside the European Union (EU) and the United Kingdom (UK). The goods do not enter the commerce stream within the UK or EU via the Entrepreneur.
13.2 Place of Supply and VAT Exclusion: Pursuant to applicable VAT regulations (including Article 32-33 of EU Directive 2006/112/EC and similar national provisions like Article 5(1) of the Dutch Turnover Tax Act 1968), the place of supply for VAT purposes is deemed to be the country where the transport commences (i.e., outside the EU/UK). Consequently, no VAT is charged by the Entrepreneur on the sale of these goods. Prices displayed are therefore net of any VAT or import duties.
13.3 Customer as Importer of Record: The Customer acts as the importer of record for the goods into the designated country of delivery. The Customer is solely and fully responsible for complying with all import formalities and regulations of the destination country.
13.4 Customer's Sole Responsibility for Import Costs: The Customer explicitly acknowledges and agrees that they are solely responsible for the declaration and payment of all applicable import costs upon arrival of the goods in the destination country. This includes, but is not limited to: (a) Import VAT at the rate applicable in the destination country; (b) Customs duties, tariffs, or levies; (c) Customs clearance fees, brokerage fees, or administrative charges levied by the customs authorities or the postal/courier service. These costs will typically be collected from the Customer by the delivering postal or courier service prior to or at the moment of delivery. The Entrepreneur is not involved in the assessment or collection of these import costs.
13.5 No Liability for Import Costs or Delays: The Entrepreneur shall under no circumstances be liable for any import VAT, duties, taxes, or fees levied upon the goods, nor for any delays, seizures, or non-delivery resulting from the Customer's failure to comply with import regulations or to pay the required import costs. By placing an order, the Customer explicitly accepts these terms and indemnifies the Entrepreneur against any claims or costs related to the import process and associated charges.
ARTICLE 14 — RELATION TO SHOPIFY
14.1 Meloina uses Shopify to deliver the Services to you. However, all sales and purchases you make in our store are handled directly with Meloina.
14.2 By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Meloina, including personal injury, damage or loss resulting from purchased products and services.
14.3 You hereby indemnify and hold Shopify and its subsidiaries harmless from all claims, damages and liabilities that may arise from or in connection with your purchases and transactions with Meloina.
ARTICLE 15 — PRIVACY POLICY
15.1 All personal information that we collect via the Services is covered by our Privacy Policy, which you can read here: https://meloina.com/policies/privacy-policy. Certain personal information may also be covered by Shopify's privacy policy.
15.2 By using the Services, you confirm that you have read the relevant privacy policy.
15.3 As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to deliver and improve them. Information you provide to the Services is 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 read our Privacy Policy for more information about how we, Shopify and our partners use your personal information.
ARTICLE 16 — FEEDBACK
16.1 If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in all media for all purposes, including commercial use. We may, for example, exercise our rights under this licence to operate, deliver, evaluate, improve and market the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
16.2 You further represent and warrant that (i) you own all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you have received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.
16.3 We are under no obligation now or in the future to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
16.4 We may review, edit or remove Feedback that we, at our sole discretion, deem to be unlawful, offensive, threatening, defamatory, objectionable, pornographic, obscene or otherwise unacceptable, or that infringes a party's intellectual property rights or these Terms of Service, but we are not obliged to do so.
16.5 You agree that your Feedback will not infringe any third party's rights, including copyright, trademarks, privacy rights, personality rights and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene material, and will not contain computer viruses or other malicious code that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate anyone, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for the Feedback you submit and for its accuracy. We are not responsible and assume no liability for Feedback posted by you or a third party.
ARTICLE 17 — RETURN POLICY
17.1 The customer has the right to return the product within 14 days from the date of receipt. The customer shall bear all costs associated with the return of the product. The product must be returned directly to the supplier.
17.2 Neloina Ltd shall not be held responsible or liable for any costs related to the return of the product. The customer agrees to indemnify Neloina Ltd for any expenses or liabilities incurred in connection with the return process.
ARTICLE 18 — ERRORS, INACCURACIES AND OMISSIONS
18.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability.
18.2 We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
18.3 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law.
ARTICLE 19 — PROHIBITED USES
19.1 In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
19.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 20 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
20.1 We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
20.2 We reserve the right to remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
20.3 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
20.4 IN NO CASE SHALL NELOINA LTD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, SUPPLIERS AND LICENSORS, OR SHOPIFY'S AND ITS SUBSIDIARIES' EQUIVALENTS, BE LIABLE FOR ANY PERSONAL INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST 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 ANY OF THE SERVICES OR PRODUCTS PURCHASED VIA THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 VIA THE SERVICES, EVEN IF YOU HAVE BEEN INFORMED OF THE RISK OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ARTICLE 21 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neloina Ltd, Shopify and our subsidiaries, partners, officers, directors, employees, agents, suppliers, licensors and service providers from any claim or demand, including reasonable legal costs, made by a third party due to or arising out of (1) your breach of these Terms of Service or documents referred to herein; (2) your breach of any law or third party's rights; or (3) your access to and use of the Services.
We will notify you of any claim giving rise to indemnification, subject to a delayed notification not releasing you from your obligations unless you are materially affected by the delay. We may handle the defence and settlement of such claims at your expense, including by engaging a lawyer, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are obliged to cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.
ARTICLE 22 — TERMINATION
22.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
22.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
22.3 If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
22.4 The following articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should continue to apply after termination.
ARTICLE 23 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 24 — WAIVER; ENTIRE AGREEMENT
24.1 Our failure to exercise or enforce any right or provision in connection with these Terms of Service shall not constitute a waiver of such right or provision.
24.2 These Terms of Service and any policies or business rules that we publish on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
24.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
ARTICLE 25 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms to others without our prior written permission. Any attempt to do so shall be void. We may transfer, assign or delegate these Terms and our rights and obligations to others without your consent or knowledge.
ARTICLE 26 — PREVALENCE OF THESE TERMS OVER COUNTERPARTY'S TERMS
These Terms of Service shall prevail over any terms and conditions of the counterparty, including but not limited to those set forth in any purchase orders, invoices, or other documents issued by the counterparty. Any terms and conditions of the counterparty that conflict with or are inconsistent with these Terms of Service are expressly rejected and shall not apply, unless explicitly agreed to in writing by us.
ARTICLE 27 — PREVALENCE OF THE AGREEMENT
In the event of any conflict or inconsistency between the provisions of these Terms of Service and the provisions of the agreement entered into between the customer and the entrepreneur, the terms of the agreement shall prevail. Any conflicting or inconsistent provisions in the Terms of Service shall be considered overridden by the specific terms agreed upon in the individual agreement.
ARTICLE 28 — GOVERNING LAW
28.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. You and Meloina agree to the exclusive jurisdiction and personal jurisdiction of the courts of England and Wales.
28.2 If you are a consumer resident in the EU, you retain the rights you have under mandatory consumer protection legislation in your home country, regardless of the above choice of applicable law.
ARTICLE 29 — HEADINGS
The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.
ARTICLE 30 — CHANGES TO THE TERMS OF SERVICE
30.1 You can find the latest version of the Terms of Service on this page at any time.
30.2 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes shall take effect on the date stated in the notification.
30.3 Your continued use of or access to the Services after changes have been made to these Terms of Service constitutes acceptance of those changes.
ARTICLE 31 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via info@meloina.com.
Our contact details can be found below:
Neloina Ltd info@meloina.com 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Companies House number: 16946681