Terms of Use

OVERVIEW

Nebulyft.com, operated by Rebeccatech LLC ("Rebeccatech"). By accessing or using our website, you agree to be bound by the following terms and conditions ("Terms of Use"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access the website or use any services.

Our website provides information, tools, and services related to our products and services. By using our website, you agree to be bound by these Terms of Use, as well as all applicable laws and regulations.

We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By using our website and agreeing to these Terms of Use, you confirm that you are of legal age to form a binding contract in your state or province of residence. If you are under the age of majority, you may only use our website with the consent of a parent or legal guardian.

You agree to use our products and services only for lawful purposes and not for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations, including but not limited to copyright laws, in your jurisdiction.

You must not transmit any viruses, malware, or other malicious code that could harm our website or our users. Any breach or violation of these Terms of Use may result in the termination of your access to our website and services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You acknowledge that any content you submit to our website may be transmitted unencrypted over various networks and may be adapted to conform to technical requirements. However, we encrypt all credit card information during transfer over networks to protect your personal data.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our website or services, or any contact on the website, without our express written permission.

The headings used in these Terms of Use are for convenience only and will not affect the interpretation of these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Rebeccatech LLC, the operator of nebulyft.com, cannot be held responsible if any information provided on the website is inaccurate, incomplete, or outdated. The content on the website is for general informational purposes only and should not be solely relied upon to make any decisions without consulting more reliable and timely sources of information. Your reliance on the information on this website is at your own risk.

This website may contain historical information that is not current and is provided solely for reference purposes. We reserve the right to modify the contents of our website at any time without notice, and we are not obligated to update any information on our website. You acknowledge and agree that it is your responsibility to monitor changes to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

At nebulyft.com, prices may be subject to change due to factors such as currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price in effect at the time your order is accepted.

For EU users, prices on the website are in Euros/GBP, and local sales VAT tax will be included in the price for shipping to EU countries. All prices include delivery charges, unless specified otherwise. The total cost of the order will be the price of the products ordered plus any additional charges specified.

We reserve the right to modify or discontinue any part or content of the Service, without notice, at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Our promo codes or discount codes policy states that they are limited to one per order and cannot be combined with other discount codes. Promo codes cannot be applied to past orders.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through nebulyft.com. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display our products' colors and images as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ORDERS

All orders placed on nebulyft.com are subject to acceptance and availability. Items added to your shopping cart are not reserved and may be purchased by other customers. We offer products for sale that are in stock and available for dispatch from our warehouses. However, we may occasionally be waiting for shipments from our factory, in which case you may be given the option to make a pre-order for certain items. This will ensure that you receive the item in priority once our stock has been delivered to our warehouses. We will only accept pre-orders for stock that has been scheduled for delivery, and your pre-order rights are the same as those for any other purchase on our website. Alternatively, you may choose to register your email address to receive notifications of product availability.

Items received into stock may be pre-allocated to fulfill pre-orders, and customers who place pre-orders will receive items in priority to customers who order for immediate delivery. Please be aware that we may be unable to deliver certain pre-order products due to delivery, production, or quality issues. If this is the case, we will notify you by email and refund your pre-order payment within thirty days of the product becoming unavailable.

If you have registered your email address for notifications of the arrival of a specific product on our website, we will attempt to notify you by email within 48 hours of the product becoming available. Please note that some products in high demand may sell out during this period.

In the event that our e-commerce system (Shopify) triggers a fraud alert for your order, we may send a verification email to your email address and request additional information, such as proof of address, to confirm your identity and address.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place on nebulyft.com. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, credit card, or with the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate information for all purchases made on our website. This includes your account information, email address, and credit card numbers and expiration dates. You agree to promptly update your account information so that we can complete your transactions and contact you as needed.

For more information, please refer to our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide access to third-party tools on nebulyft.com over which we have no control or input. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for any damages arising from or relating to your use of these third-party tools.

You use any optional tools offered through our website entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of use provided by the relevant third-party provider(s).

We may also offer new services and/or features through our website in the future, including the release of new tools and resources. These new features and/or services shall also be subject to our Terms of Use.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products, and services available through nebulyft.com may include materials from third parties.

Our website may contain links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we will not be liable for any damages arising from or related to the use of such third-party materials or websites.

Any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites are not our liability. You are responsible for reviewing and understanding the policies and practices of third-party websites before engaging in any transactions. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third-party directly.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you choose to submit any comments, suggestions, proposals, or other materials to us, whether at our request or not, you agree that we may use and distribute them without restriction in any medium, including editing, copying, publishing, distributing, and translating. You acknowledge that we are not obligated to keep your submissions confidential, compensate you for them, or respond to them.

We may monitor and edit any content on nebulyft.com that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any third-party's intellectual property or the Terms of Use.

You agree that any comments you submit will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain any libelous, abusive, obscene, or unlawful material or any computer virus or malware that could affect the operation of the Service or related website. You may not use a false email address, impersonate someone else, or mislead us or any third-party as to the origin of your comments. You are solely responsible for the accuracy of your comments. We assume no responsibility or liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Any personal information that you submit through nebulyft.com is subject to our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be errors, inaccuracies or omissions in the information provided on our website or through our services, including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. 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).

Although we make every effort to ensure the accuracy of the information on our website, we may occasionally discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will notify you as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you have already paid for the goods, we shall refund the full amount as soon as possible. If products are recalled in transit, we will process your refund once the products have been returned to us.

If you notice an error in your order after the payment process is complete, please contact our support team immediately at support@nebulyft.com to correct the error.

We are not obligated to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PAYMENT

Payment can be made by Visa, MasterCard, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal, Affirm, or Shop Pay. When selecting these options at checkout, you will be directed to the corresponding website to complete your payment. Payment will be debited and cleared from your account upon completion of the packing of your order by Nebulyft.

You confirm that the credit/debit card or financing option that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or financing option to use it. All credit/debit cardholders and financing option users are subject to validation checks and authorization by the card issuer or financing provider.

If the issuer of your credit/debit card or financing provider refuses to authorize payment to Nebulyft, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.

SECTION 14 - PROHIBITED USES

Within the limitations set forth in the Terms of Use, the use of the website or its content is prohibited for any unlawful purpose. Soliciting others to perform or participate in any unlawful acts is strictly forbidden. Moreover, you are not allowed to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances. Any infringement upon our intellectual property rights or the intellectual property rights of others is also strictly prohibited. We do not tolerate any form of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. False or misleading information is also prohibited, as is uploading or transmitting viruses or any other type of malicious code that could be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet. Collecting or tracking the personal information of others, spamming, phishing, pharming, pretexting, spidering, crawling, or scraping is not allowed. Additionally, any use for obscene or immoral purposes, or any attempt to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet is strictly prohibited. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nebulyft.com makes no guarantee, representation or warranty that your use of our service will be uninterrupted, timely, secure or error-free. Furthermore, we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Please note that we reserve the right to remove the service for indefinite periods of time or cancel the service at any time, without notice to you. Your use of, or inability to use, the service is at your own risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied.

We, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes 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 service or any products procured using the service. Additionally, we shall not be liable for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service.

Please note that in certain states or jurisdictions, the law does not permit 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.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nebulyft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

If any provision of the Terms of Use is deemed to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The parties' obligations and liabilities before the termination date shall remain in effect even after the termination of this agreement.

The Terms of Use will continue to be effective until terminated by either you or us. You may terminate the Terms of Use by giving us notice that you no longer wish to use our Services or when you stop using our site.

In our sole discretion, if you fail to comply with any provision of the Terms of Use or we suspect that you have breached any term, we may terminate this agreement at any time without notice. In such cases, you will be responsible for all amounts due up to the termination date, and we may deny your access to our Services (or any part thereof) as a result.

SECTION 19 - ENTIRE AGREEMENT

We reserve the right to not enforce any right or provision in the Terms of Use, which does not constitute a waiver of such right or provision.

The Terms of Use and any policies or operating rules posted on our website or in relation to our Services, constitute the entire agreement between you and us. It supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Use.

Any ambiguity in interpreting the Terms of Use will not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

This section states that the most up-to-date version of the Terms of Use can be reviewed at any time on the website. We reserve the right to modify, replace, or update any part of these terms at our discretion, and we will post any changes on our website. It is your responsibility to check for updates periodically, and continued use of our website or service after changes have been made indicates acceptance of the modified terms.

SECTION 21 - CHANGES TO Terms of Use

We understand the importance of keeping our users informed of any changes to the Terms of Use. Therefore, the most current version of our Terms of Use is always available on our website for your review.

We reserve the right, at our sole discretion, to update, modify, or replace any part of the Terms of Use by posting updates and changes on our website. We advise you to periodically check our website for any changes to the Terms of Use. Your continued use of our website or the Service following the posting of any changes to the Terms of Use constitutes your acceptance of the updated terms.

SECTION 22 - CONTACT INFORMATION

Any inquiries regarding the Terms of Use should be directed to Nebulyft.com by sending an email to support@nebulyft.com.