Please read carefully
ACCEPTANCE
By placing an order for Nova Creations Enterprise Inc.’s (NOVA CREATIONS ENTERPRISE) product and or services, you unconditional agree, without limitation or qualification, to comply and be bound by, NOVA CREATIONS ENTERPRISE General Terms and Conditions. NOVA CREATIONS ENTERPRISE may revise these Terms and Conditions at any time by updating this posting on NOVA CREATIONS ENTERPRISE’S main website www.novacreations-mfg.com. By continuing to use NOVA CREATIONS ENTERPRISE’S products and or services after posting of any such changes, you accept these Terms and Conditions, as modified.
HOW TO ORDER
Orders may be placed online, via phone, fax, or email. You must provide contact information (such as name, email and billing & shipping address) and financial information (such as banking information-distributor accounts only, credit card number and expiration date). This information is used for product fulfillment purposes only. Changes in orders are allowed only if an order has not been placed in transit.
PRICE MAPPING
Nova Creations has implemented pricing strategy where such prices are mandatorily set. Set price is listed current selling price shown on our sales sheets and on-line wholesale page. Any all all advertising must meet the Price Mapping strategy. Any violation of such, we reserve the right to discontinue selling to the specific merchant. A merchant can receive a waiver request for a specific promotion of our products in their advertising campaign after a full inspection of such panned promotion.
PREPAID FREIGHT
All orders are prepaid on order purchases of $1000 or more. (prepaid means NC will pay all freight charges)
WARRANTY ALLOWANCE
A 2% invoice credit is granted to all merchants the desire to have this allowance. A warranty allowance must be decided upon at the time of approval as a distributor. If such allowance is not accepted upon the prior first purchase, a return policy will be effective. Item must be returned by the distributor at its own cost for inspection. Upon review, a decision will be granted for replacement. This allowance cannot be interchangeable with the refund policy-or vice verse.
COOP/ADVERTISING ALLOWANCE
A 2% invoice credit is granted to all merchants purchase orders. Merchant must provide evidence of advertising and planned date of expected advertisement or be subject to loss of future allowance.
ALLOWANCES AND TRADE DISCOUNTS
All allowances and trade discounts are taken off customer’s net invoice. The following sequence of deducts are as follows: Coop/advertising allowance, warranty allowance, and trade discount.
ORDER ACKNOWLEDGEMENT
All distributor phone orders are acknowledged promptly via fax or email. Distributor and retail on-line orders are acknowledged by automated email. . All orders placed are stored in your account and can be viewed once an account has been created. Please review the acknowledgement carefully and advise immediately by email or phone if there are any discrepancies or variances from your original instructions. NOVA CREATIONS ENTERPRISE will not be held responsible for discrepancies brought to your attention.
PAYMENT / TERMS
(Wholesale accounts only) If you submit a request to purchase NOVA CREATIONS ENTERPRISE’S products/services, you agree that all charges, taxes and shipping /handling fees will automatically be charged to the form of payment your company has agreed to. Please note, no order will be shipped until full payment is received by NOVA CREATIONS Enterprise Inc. Product Inventory not available for stock purchase will require by Factory – 40% down payment towards purchase orders and balance paid upon factory shipping. All orders not prepaid will require requesting or having on file approved credit.
(All other Account Types) If you submit a request to purchase NOVA CREATIONS ENTERPRISE’S products/services, you agree that all charges, taxes and shipping /handling fees will automatically be charged to the form of payment your company has agreed to. Please note, no order will be processed until full payment is received by NOVA CREATIONS ENTERPRISE.
New Wholesale Credit Accounts – if you desire a credit account, a credit application/agreement must accompany or precede your order. If you wish to process immediately, please charge your order to your credit card. For credit to be granted, our credit department must review your D & B credit report. All accounts are required to have three (3) prepaid orders before a credit line is extended.
All new accounts are required to have three prepaid orders prior to credit line being extended to all new wholesale accounts. Mandatory Minimum Orders of 24 units per SKU are required.
Triple A companies are exempt from our credit departments credit review requirement. Such entities will be granted the usually 30 day grace period for any invoice { 2/10, n 30 terms } with a 2 percent discount if paid within the tenth day
PAYMENT METHOD
Approved payment methods include any of the following methods:
Credit Card:
Simple and safe. We accept VISA, MASTERCARD AND AMERICAN EXPRESS. The following information must be provided to insure proper billing and order acceptance. Type of credit (VISA, MASTERCARD or AMERICAN EXPRESS), Account Number, Expiration Date, Name as it appears on the credit card and Billing Address of credit card.
Cash:
Only accounts with credit lines can directly transfer their payment to Nova Creations Enterprise Bank account upon authorization from the main office.
Check / Money Order:
Your order processing will not begin until your check is received and cleared. Returned/unpaid checks will incur a fee of $35 and customer will lose check payment options.
Credit Account:
Credit line accounts are 2/10, n 30 terms; large dollar volume sales require special arrangements. Interest on past due balances is 15% per annum or 1.25% per month. Client shall also be fully responsible for any collections and efforts made to receive full payment. We reserve the right to refuse any further orders until past due balances are paid.
PRODUCT QUANTITY
Minimum Requirements for Wholesale Accounts – A minimum 2 dozen order fulfillment is required. Large orders will receive an incentive discount by speaking to our sales department for special handling and arrangements.
Over /Under Runs – NOVA CREATIONS ENTERPRISE reserves the right to over ship or under ship any order. Every effort will be made to prevent under shipping on orders. To ship Exact Quantity-(No over or under runs) you must indicate so on your order at the time of order submission. Additional fees may apply.
BACK ORDERS – Back orders will be fulfilled as soon as goods are received to our warehouse. Payments on back orders are binding and are fulfilled based on the timing of its production facility’s completion of the order. If a back order is reserved on payment, and goods are not produced in a reasonable time period, payment will be released.
PRE-PAID ORDERS– Any order on pre-payment is binding. Fulfillment is based on the timing of its production facility’s completion of the order. Order’s can vary based on size and placement and can vary as to its fulfillment. All Pre-paid orders are not refundable due to the nature of order placement with its factory and associated cost involvement.
TURNAROUND TIME
Order processing and fulfillment can take anywhere from 48 hours to 4 weeks. If you require an in hand date, you may request for rush service and indicate in-hands date in your order. Turnaround time begins when we have received your fulfillment order and full payment has been received- credit accounts are not subject to this term.
Please note that there is no shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating turnaround time. You should allow additional business days for delivery based on the shipping method you selected. Orders received via fax or email placed received on Saturdays, Sundays or Holidays will be processed on the next business day. Please note: orders received after 3 PM EST are considered received on the following business day.
Cancellations
Orders may be cancelled any time before order is shipped.
Large wholesale Accounts (Over 500 units): Request for order cancellation must be receive in writing only. Orders can be cancelled within 2 days (48 Hours) of order placement- There will be no fee for cancellation. If order are cancelled after goods are prepared for shipping (after the 2 day rule for time period), all Pre-Paid Accounts will be subject to losing their 40% deposit, and all Credit Line Accounts will be liable to fulfil their complete order or be charged 40% of the their total order amount to be billed. Failure of account holder to satisfy their billed 40% percent will be subject to court enforcement.
Small Wholesale Accounts (under 500 units): Request for order cancellation must be received in writing only. Verbal cancellation is not acceptable. If cancellation occurs before shipping preparation (usually 24 hours upon placement) there will be no fee for cancellation. If cancellation occurs while goods are prepared for shipping, there will be a fee of 20% of the total goods purchased or the cost associated for warehouse shipping preparation and restocking, whichever is the lessor.
Shipping Preparation means good already picked and packed and ready for placement upon carrier. All invoices for associated cost will be supplied.
Retail purchases: Retail online Orders only may be cancelled any time before order is shipped. Request for order cancellation must be receive either by phone, email, in writing or fax.
Request for order cancellation can be done upon creating an account in the retail E-Commerce page. Order can be cancelled by logging back into your account and cancel the order. If order is cancelled before the 24 hour upon placement, there will be no fee for cancellation. If cancellation occurs while goods are prepared for shipping, there will be a fee of $4 for each item of goods purchased or the warehouse cost associated for shipping preparation and restocking fee, whichever is the lessor of the two.
If no account is created, cancellation must be done either by fax or call in of which the same rules above apply.
Product Returns:
Products may be returned within 15 days after of receipt of merchandise receipt. Return request must be submitted in writing or by email and receive a return authorization code from our main headquarters. If any order is not subject to a product defect in material or defect in its purpose of commercial use, there will be a 40% percent restocking fee on all wholesale accounts plus all shipping charges which are the responsibilities of the account holder. Retail E-Commerce accounts will incur a $ 4 return handling charge plus a 10% restocking charge. Products must be returned in its original packaging and condition.
Product Inspection:
All orders upon arrival at the destination of delivery must be inspected. Any damages must be reported to the third party carrier for a claim to be processed with the carrier in question. Nova Creations abnegates any responsibility for such damages upon FOB port of transit with the third party carrier. Nova Creations will assist when necessary in expediting your damaged goods with its carrier. If goods are defective, claims are to be made immediately with Nova Creations.
Product Defects:
Any inspection of orders that manifest aberrance in material or defect in its purpose of commercial use must receive a written request and receive authorization for the return. Nova Creations Enterprise will make restitution by replacing the quantity of the original order that has been affected and customer will not be responsible for shipping charges. If a request is made for an order refund, due to defect(s), and desires not to have the original order replaced, Nova Has the right to charge any wholesale account a 20% restocking fee plus the cost of shipping and Retail E-Commerce purchases will receive a shipping return fee of $ 4 will be applied plus a 20% percent restocking fee.
Shipping Charges
Retail purchases are shipped specifically by USPS (United States Postal Service) and UPS (United Parcel Service). Our integrated system with the carrier is displayed on our ecommerce platform to determine the best rate for you.
For Wholesale accounts– All shipping is currently done via carriers –cargo, air, trucking, USPS or Fed EX. Shipping charges apply to all orders and rates vary. You will be notified by the main office in a 24 hour period the method of carrier service and cost before shipping of the goods to your destination.
Both retail purchases and wholesale account holders are fully responsible for all shipping charges incurred. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is transported by shipping service provider. Shipping transit times vary, and NOVA CREATIONS ENTERPRISE assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, natural occurrences… etc. NOVA CREATIONS ENTERPRISE’S responsibility is limited to preparing and producing your order and turning it over to the carrier for shipping. NOVA CREATIONS ENTERPRISE is not liable for damages which occur during shipping.
SPLIT DESTINATION SHIPMENTS
Split shipments is available if you wish to ship to more than one destination within one order. Please indicate split shipment request and information at the time order submission. EARLY SHIPMENT- NOVA CREATIONS ENTERPRISE reserves the right to produce and or ship your order earlier than your requested ship date(unless you expressly states, “DO NOT SHIP EARLY”) NOVA CREATIONS ENTERPRISE cannot be held responsible if you want to make changes to an order that has already been produced and or shipped early.
TARGETED DEADLINES AND DATES
We agree to work expeditiously to complete your order within the set days given. You must indicate when placing the original order that an order is time sensitive and must be received by targeted date based on turnaround option selected. Target arrival dates are calculated by adding the turnaround time to the shipping transit time. The cut off time for accepting orders for shipping preparation that same day is by is 3:00 PM- EST. Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.
SALES TAX
NOVA CREATIONS ENTERPRISE charges sales Tax for orders received from and delivered within the state of New York unless you are tax exempt. Tax-Exempt Customers – If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order, please fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit Department at 866-460-2265. After receiving your certificate, we will send you a confirmation email.
COPYRIGHT AND TRADEMARKS
CORPORATE IDENTIFICATION AND TRADEMARKS
“NOVA CREATIONS ENTERPRISE” and any and all other marks appearing on our websites are trademarks of NOVA CREATIONS ENTERPRISE. You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on our websites, without NOVA CREATIONS ENTERPRISE’S prior written consent. If you are seeking permission to use NOVA CREATIONS ENTERPRISE trademarks, logos, services marks, slogans, copyrighted designs and other brand features, please send your request to
info@Novacreations-Mfg.com
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
Third Party Intermediaries
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
PASSWORDS
Upon registering for an account on any of NOVA CREATIONS ENTERPRISE’s website(s), you will also set-up a password and unique User ID. You are responsible for maintaining the confidentiality of the password and User ID, and are fully responsible for all activities that occur under your password or User ID. You agree to (a) immediately notify NOVA CREATIONS ENTERPRISE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NOVA CREATIONS ENTERPRISE cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Links / Advertisement
NOVA CREATIONS ENTERPRISE’S websites may contain links to other sites and advertisements from our clients, partners and associates. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave any of our sites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our websites. Any concerns regarding such service or resources should be directed to the particular outside service or resource provider.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to NOVA CREATIONS ENTERPRISE’S via email, fax or online at any of NOVA CREATIONS ENTERPRISE websites (collectively, “Comments”), shall become and remain the exclusive property of NOVA CREATIONS ENTERPRISE. The Comments may be used by a in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. NOVA CREATIONS ENTERPRISE is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
NOVA CREATIONS ENTERPRISE’S WEBSITES DISCLAIMER OF WARRANTIES
NOVA CREATIONS ENTERPRISE’S WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITES, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOVA CREATIONS ENTERPRISE DOES NOT WARRANT THAT OUR WEBSITES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNITY AND RELEASE
By using NOVA CREATIONS ENTERPRISE ’S products/services, you agree to indemnify NOVA CREATIONS ENTERPRISE and its subsidiaries, affiliates, officers, employees, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of NOVA CREATIONS ENTERPRISE’S web sites, your use of the products and services, or from any person’s use of any account or password you maintain with NOVA CREATIONS ENTERPRISE, regardless of whether such use is authorized by you.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or NOVA CREATIONS ENTERPRISE to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to these Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms and Conditions.
Privacy Policy
NOVA CREATIONS ENTERPRISE is committed to maintaining the confidentiality of our customers. We do not share, sell, or otherwise disclose information about our clients to any other party except as required to process and ship purchases.
Information Collection:
NOVA CREATIONS ENTERPRISE collects information from our users at several different points. We use this information to improve the customer experience. Special Offers and Updates: Customers will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our customers, we present the option to not receive these types of communications. If you do not wish to receive future emails, send us an email.
Notification of Changes :
If we decide to change our privacy policy, we will post those changes to this privacy statement on the homepage and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Governing Law
The internal laws of the State of New York shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Staten Island, New York for all disputes arising out of, or relating to, these Terms and Conditions.
Changes to Nova Creations Enterprise, Inc.’s Websites
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of our websites including but not limited to content, features or hours of availability. We may impose limits on certain features of our websites or restrict your access to part or all of our websites without notice or penalty.
TERMINATION
This agreement constitutes a binding agreement between you and NOVA CREATIONS ENTERPRISE until terminated by you or NOVA CREATIONS ENTERPRISE. All prices, specifications and terms of sale are subject to change and be posted on Nova Creations website. All orders are subject to approval by NOVA CREATIONS ENTERPRISE and are not binding until accepted by NOVA CREATIONS ENTERPRISE. NOVA CREATIONS ENTERPRISE further reserves the right to terminate any user’s access to any of NOVA CREATIONS ENTERPRISE’S website and or to any of the Products and Services for any reason or for no reason at all, in NOVA CREATIONS ENTERPRISE sole discretion, without prior notice.