Terms and Conditions
Private
Welcome to Nobia.ca. Please review the following basic rules governing your use of and purchase of products from this site (collectively, "Agreement").
The customer and nobia.ca agree that these terms and conditions shall be entered into in the English language and interpreted in English. Le client et nobia.ca acceptent que ces termes et conditions sont lus en langue Anglaise et interprétée en Anglais.
Purchase Agreement
By accepting delivery of any product delivered from Casabawa Inc. ("nobia.ca"), you ("Customer") agree to be bound by the terms and conditions listed below. You and nobia.ca agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and nobia.ca. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change by nobia.ca at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from nobia.ca.
Use Of This Site Constitutes Acceptance Of These Terms And Conditions
Nobia.ca may make changes to the information contained in this Internet site, or to the services described and contained therein at any time and without notice. Nobia.ca may from time to time change the rules that govern your use of this Internet site. Your use of this Internet site following any such change constitutes your agreement to follow and be bound by the rules as changed. Nobia.ca may change, move or delete portions of, or may add to this site from time to time.
Goods and Service offered
Nobia® is a brand promoting and selling clothes including -but not limited to- jewellery (necklaces, bracelets, earrings, scarves, handbags, gloves, hats…) and more.
Goods are processed and shipped from Nobia Headquarters.
Headquarters and Customer Service
Nobia.ca is operating from its headquarter located at 8900, Park Avenue, Montreal, QC Canada.
You can contact Nobia by:
E-Mail: info@nobia.ca
Phone Number: (514) 389-1316
Fax number: (514) 389-5630
Links
This site may provide links or references to other sites. However, Nobia.ca assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.
Sales and Promotions
Unless otherwise stated, prices on sale and promotional items cannot be combined with any other offers. Sales and promotions may not include all sizes, colors or styles. Quantities are limited; no rain checks will be issued. Offers are not valid on previously purchased merchandise or purchases of gift cards. Sale and promotion start and end times are displayed in Eastern time. Nobia.ca or Casabawa, Inc. reserve the right to extend, modify or discontinue any offer at any time without notice.
Sales Tax
Nobia.ca charges GST + PST (GST + QST on sales made into Quebec), (HST on sale made into British Columbia, New Brunswick, Newfoundland & Labrador, Nova Scotia and Ontario) on all sales as required by law.
Satisfaction Guarantee/Replacement Policy
All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for an exchange. A return authorization number is required for all returns. Some fees might apply. These terms apply to all exchanges. Most products are shipped with a replacement guarantee period unless otherwise noted in the product listing, or in a special promotion terms. Customers must inform nobia.ca of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.
Nobia.ca SATISFACTION GUARANTEE - nobia.ca offers our customers a 30-day satisfaction replacement guarantee on all purchases, except stated otherwise.
To take advantage of nobia.ca’s satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of nobia.ca’s Return Policy Procedure will result in the loss of nobia.ca’s replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure
Nobia.ca will not accept returns without prior authorization and an RMA (Return Merchandise Authorization) number. Once issued, RMA numbers are valid for 15 days, within which time returned products must be received by nobia.ca. RMA numbers will not be extended or reissued. The Customer should prominently display the RMA number(s) on the shipping label as well as the RMA invoice on the box(s) containing the returned product.
To return a product in compliance with nobia.ca’s satisfaction guarantee, you must obtain an RMA number and fill out a completed RMA invoice within the guarantee return period for the product to be accepted for RMA, as described above. The nobia.ca Customer Service Representative will assist you in completing an "RMA Invoice" with all the necessary data in order to return the merchandise to nobia.ca. You, the Customer are solely responsible for paying the return shipping cost for defective or otherwise returned merchandise. If an RMA is necessary, contact nobia.ca Customer Service at +1 (514) 389-1316 in order to obtain an RMA invoice. This is the only accepted method for nobia.ca to process your RMA. If you pay to send the item back to nobia.ca, we will replace the item and ship the replacement to you at no charge.
The Customer agrees to bear all shipping and insurance charges and all risk of loss for the returned product during shipment. The Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, and other accessories provided by the manufacturer. If any component of the returned product is missing, nobia.ca’s Return Procedure will be breached and nobia.ca may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the Customer for replacement of the missing component(s). Nobia.ca will not refund the original shipping charges to the Customer. In addition, nobia.ca might assess a processing fee against the Customer's account on all returns for refund.
Physical Damage Policy
Physical damage to any product purchased at nobia.ca will effectively void the Satisfaction Guarantee Policy warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. As a result, nobia.ca will return any physically damaged product back to the customer at the customer's expense.
Processing Time
You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. Nobia.ca does not guarantee same day-shipping. Orders are not processed on weekends and holidays. Product delivery could be delayed due to Customs.
Order Status
Nobia.ca will keep you informed of your order status via e-mail. All tracking information will be emailed to you once your order has shipped. You may also acquire your order status and other live updates by logging in to your account on our website.
Risk of Loss
Nobia.ca will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. The Customer takes title to the product upon nobia's delivery of the product to the carrier. Nobia.ca will advise the customer of estimated shipping dates, but nobia.ca will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, provincial, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Security
Security is our number one priority. All on-line transactions are sent through Moneris® secure server and encrypted with 128-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.
Privacy
Nobia.ca respects your privacy. All of the information obtained from our web site will be used for processing purposes only. Nobia.ca may send you transactional e-mails from time to time, such as updates to any recent orders and/or returns. Nobia.ca may also send you information on special offers from time to time, in accordance with our privacy policy.
Volume Discounts
Nobia.ca have a reseller or discount program available. For more information, please call +1 (514) 389-1316 during nobia.ca’s hours of operation, or login to our wholesale website.
Promo Codes
Nobia.ca will sometimes furnish an alphanumeric code that can be used for promotions on our web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the nobia.ca web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts or free gifts. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.
Product Listings
Nobia.ca strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other factors we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links or any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, nobia.ca shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from nobia.ca are provided as resources to customers looking for additional information and/or professional opinion. Nobia.ca does not assume responsibility for the claims and/or representations made on these or any other websites.
Products
Nobia.ca cannot guarantee that the products displayed on this site will be available at all time; availability and selection are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by Nobia.ca at any time without notice. Prices displayed at the site are quoted in Canadian Dollars and are valid and effective only in the Canada, unless specified otherwise.
Product Revisions
Nobia.ca is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, nobia.ca puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are various factors which, although infrequent, could cause the information on our website to become out-dated without our immediate knowledge. These include but are not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Nobia.ca relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to notify us. Consequently, nobia.ca will not be held responsible for product revision changes.
Communications, Submissions And Product Reviews
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Nobia.ca on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain Nobia.ca property. Such disclosure, submission or offer of any comments shall constitute an assignment to Nobia.ca of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. Nobia.ca will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. Nobia.ca shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that Nobia.ca may use information about you for marketing, product development and promotional purposes. Nobia.ca is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
Nobia.ca reads reviews and reserves the right to deny any review.
Here are some of the things that can cause a review to be denied:
• Offensive or abusive language.
• Prices and availability can change very quickly on the nobia.ca website, so please leave such information out of your review.
• Hyperlinks / URLs.
• References to other stores / resellers.
• Comments on products that were either physically damaged or misused.
• Replies to existing customer reviews; please do not attempt to initiate discussions here.
• Comparisons to competing brands / products of competing brands.
• Criticism of nobia.ca's service or the service of our operations partners. (UPS, Paypal, etc.)
• References to aftermarket procedures or usage techniques not mentioned specifically in the original product documentation.
• Illegal content
• Invasions of personal privacy
• Pornography or obscenity
• Hate or incitement of violence, threats of harm or safety of a person
• Graphic violence or other acts resulting in serious injury or death
• Any violations of copyright.
• Any violation of laws and/or copyrighted musical works.
We may change these policies at any time without notice.
Orders
An order is not binding upon nobia.ca until it is accepted; nobia.ca must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card or some other method prearranged and confirmed in writing with nobia.ca.
Use Restrictions
All trademarks, service marks and trade names on this site, including without limitation, "Nobia", “Nobia.ca” and "Nobia-Xcessories" alone and in combination with the logo design are property of Casabawa, Inc. No use of these may be made without the prior written authorization of Nobia.ca, except to identify the products or services of Nobia.ca. The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by Nobia.ca or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively,"Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Casabawa Inc. collectively, and its subsidiaries and/or affiliates ("Nobia.ca"). This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Nobia.ca. All other trademarks appearing on this site are trademarks of their respective owner.
The Contents of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
Miscellaneous
This site and the Contents therein are displayed solely for the purpose of promoting Nobia.ca products and services. This site is controlled and operated by Nobia.ca from its offices in Montreal, Quebec, Canada. Nobia.ca reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. Nobia.ca makes no commitment to update this information.
This website is hosted by iWeb Technologies Inc.
For more info and to contact them, check their website: http://iweb.com/
Recordings
Nobia and/or Casabawa Inc. don’t consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with nobia and/or Casabawa Inc. unless Customer has provided clear and conspicuous notice to nobia and/or Casabawa Inc. and has received prior written consent from nobia and/or Casabawa Inc.
Disclaimer
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NOBIA.CA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT NOBIA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Limitation of Liability
IN ALL CIRCUMSTANCES NOBIA.CA'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. NOBIA.CA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. NOBIA.CA SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, SPECIAL DAMAGES OR EXEMPLARY DAMAGES, WHETHER OR NOT NOBIA.CA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CASABAWA INC., NOBIA.CA AND ITS EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE, NOBIA.CA SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION CONTAINED IN THIS SITE.
Duration
This Agreement remains in effect unless and until terminated by either you or Nobia.ca. You may terminate this Agreement at any time. Nobia.ca may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in Nobia.ca's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Nobia.ca, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the laws of the Province of Quebec, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the Province of Quebec.
Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Nobia.ca and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the Province of Quebec, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against nobia.ca more than one year after the date of the applicable invoice.
Severability
If any provision contained in these Terms and Conditions is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions hereof, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Quebec law.
Waiver
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These Terms and Conditions, together with nobia.ca’s invoice regarding the products ordered by Customer, are the complete and exclusive agreement between nobia.ca and Customer, and they supersede all prior or contemporaneous proposals, understandings, representations, conditions, warranties, and all other communications between nobia.ca and Customer relating to the subject products, whether oral or written. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. The customer and nobia.ca agree that these terms and conditions shall be entered into in the English language and interpreted in English. Le client et nobia.ca acceptent que ces termes et conditions sont lus en langue Anglaise et interprétée en Anglais.
(V.1.07 - 2011-12-19)