Terms of service

OVERVIEW

Welcome to Nabalu! The terms “we,” “us,” and “our” refer to Nabalu. Nabalu operates this store and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a customized shopping experience (the “Services”). Nabalu is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas 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. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province where you live, and you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping 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 maintaining the security of your account information and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate descriptions of our products and services in our online stores. However, note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device’s settings and configuration.
We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match what is shown or described in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to remove any product at any time, and we may limit the quantity of any product we offer to any person, geographic area, or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Nabalu reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Nabalu confirms acceptance. We must receive and process your payment before your order is accepted. Review your order carefully before submitting, as Nabalu may not be able to accommodate cancellation requests after an order is accepted. If we do not accept, or if we modify or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import duties.
Prices in our online stores may differ from those offered in physical stores or in online stores or other shops operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are subject to terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling fees and any applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we hand over products to the carrier, ownership and risk of loss pass to you. Shipping is available within Canada and the United States only.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Nabalu, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms only allow you to use the Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms shall be construed as granting any license or rights to you under any patent, trademark, copyright, or other intellectual property owned by Nabalu, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Nabalu.
Nabalu's names, logos, product and service names, designs, and slogans are trademarks of Nabalu or its affiliates or licensors. You may not use such trademarks without prior written permission from Nabalu. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may access customer tools offered by third parties as part of the Services, which we neither monitor nor have control over or input into.
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.
Any use of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms of the tools provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Please carefully read the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP TO SHOPIFY

Nabalu is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store occur directly with Nabalu. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Nabalu including any damages or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Nabalu.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than where you live, in order to provide Services to you. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, send, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentive you received in connection with your submission of Feedback, and (iii) your Feedback will comply with these Terms. We are not, and shall not be, obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You represent that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further represent that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for all Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback submitted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not, directly or indirectly, access or use the Services to: (a) engage in unlawful or malicious purposes, (b) violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances, (c) infringe upon or violate our intellectual property rights or the rights of others, (d) harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person, (e) submit false or misleading information, (f) send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms, (g) send or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar solicitations, (h) impersonate or attempt to impersonate another person or entity, or (i) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm Nabalu, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) 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 Services, (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services, (c) collect or track the personal information of others, (d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping, or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we discover that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such content by you, other visitors to the Services, or anyone informed of its contents.
unless expressly stated by nabalu, the services and all products offered through the services are provided “as is” and “as available” for your use, without any representations, 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 noninfringement. we do not warrant, represent, or guarantee that your use of the services will be uninterrupted, timely, secure, or error-free. some jurisdictions limit or do not allow disclaimers of implied warranties or other warranties, so the above disclaimer may not apply to you. This disclaimer applies to customers located in Canada and the United States to the extent permitted by applicable law.

SECTION 16 – LIMITATION OF LIABILITY

to the fullest extent permitted by law, in no event shall nabalu, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or shopify and its affiliates, be liable for damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, 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 any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any 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 advised of their possibility. Certain federal, state, or provincial laws in Canada or the United States may not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nabalu, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, paid to a third party due to or arising out of (1) your violation of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or a third party’s rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including selecting counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is held 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 severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the jurisdiction in which the customer resides, whether in Canada or the United States, without regard to conflict of law principles. You agree that any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in your province, territory, or state of residence.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Trade Name: Nabalu
Company Name: Bauduin Babalola
Business Address: Liersesteenweg 197a, 2220 Heist-op-den-Berg, Belgium
Company Number: 0754.992.471
VAT Number: BE0754.992.471

Email: support@nabalu.com
Phone: +1 (647) 584-0512

Customer Service Opening Hours: Monday to Friday: 9:00 AM – 5:00 PM (CET)

We do our best to respond to your email within 1 business day.