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Terms & Conditions

Terms of Service

Thank you for accessing the website, mobile applications, devices and other software (collectively, the "Site") of vistanova.com (“We”, “Us” or “Vista Nova”). We provide website features and other products and services to you when you visit or shop at vistanova.com, use Vista Nova products or services, use Vista Nova applications for mobile, or use software provided by Vista Nova in connection with any of the foregoing (collectively, "Vista Nova Services"). Vista Nova provides the Vista Nova Services subject to the following terms and conditions of use (“Terms” or “Agreement”).

1. USE OF THE SITE AND CHANGES TO THE TERMS

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to these Terms, please do not access or use the site or any Vista Nova Services.

Vista Nova provides access to this Site subject to compliance with these Terms. Vista Nova provides access to this Site without charge and may terminate access it at any time for any reason and without notice.  Vista Nova may revise these Terms at any time. Your continued use of this Site after a change to these Terms has been posted on the Site is your agreement to the revised Terms.

2. MEMBERSHIP

In order to enjoy Vista Nova Services, you may register your Vista Nova account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address, phone number, address and password.

You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Vista Nova immediately if you become aware of any unauthorized use of your account. You may not use anyone else’s Vista Nova account at any time without the express permission and consent of the holder of that Vista Nova account. You must keep your account password secure. Vista Nova cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. CONTENT

All design, text, pictorial, logo, graphic, fonts, music, software, source code, application, video, and audio components on this Site (hereinafter referred to as “Vista Nova’s Content”) except Your Content defined as below, is the sole property of Vista Nova and/or its licensors and is protected by copyright and other intellectual property laws. All rights in this Site and Vista Nova’s Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of Vista Nova’s Content except as expressly allowed in these Terms. Vista Nova reserves the right to add to, delete from, or modify any part of Vista Nova’s Content at any time without prior notice. Any modifications to Vista Nova’s Content, whether by You or Vista Nova remain the property of Vista Nova and its licensors.

The design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Vista Nova reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Vista Nova customers may use the design tools to create logos that have similar or identical combinations of these elements and Vista Nova does not guarantee that your logo will not have similarities to logos designed and used by other parties. Vista Nova provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party. Vista Nova provides Vista Nova’s Content solely for your personal, non-commercial use. Any commercial use of the Site or Vista Nova’s Content (in whole or in part) is strictly prohibited, including the distribution, modification, publication, or sale of any Vista Nova’s Content.

You are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through this Site or use on any product sold or manufactured by Vista Nova (“User Generated Content”). You are solely responsible for ensuring that any User Generated Content you submit complies with all laws and regulations, including those related to intellectual property and privacy rights of third parties. Before submitting, posting or linking User Generated Content to this Site, you must ensure that you own all intellectual property rights to such User Generated Content or are otherwise able to grant to Vista Nova the following license and that your submission does not violate the privacy rights of any third party. Vista Nova reserves the right to refuse to publish, remove, edit, or modify any User Generated Content at any time for any reason. Vista Nova may monitor and review the User Generated Content you submit but is under no obligation to do so. Vista Nova does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained in it. If you submit, post, link or otherwise make available on or through this Site any User Generated Content you agree that it is non-confidential. By submitting User Generated Content, you grant to Vista Nova (including all companies in the same group of companies as Vista Nova) a worldwide, perpetual, non-exclusive, transferable, irrevocable, and royalty-free license to use, copy, edit, adapt, reproduce, repost, publish, publicly perform, publicly display, translate, make available, sub-license, modify and prepare derivative works of it, in part or in whole, using any means or media now known or later developed (“License”). Subject only to the License, you retain ownership of all intellectual property rights in your User Generated Content.

You agree that you will not post any User Generated Content to this Site which: (i) is unlawful, libellous, defamatory, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, offensive or discriminatory by reason of age, disability, gender, marital status, race, religion and belief, sex, sexuality or other characteristic; (ii) solicits or offers business or services; (iii) is confidential; (iv) infringes the intellectual property or privacy rights of a third party; (v) impersonates anyone else or otherwise misrepresents your identity, (vi) interrupts, compromises, or interferes with this Site or any other website we operate; or (vii) is otherwise in breach of these Terms.

You may post your comment on our products on the Site. Please make sure your comment is not malicious. We have the right to display or not display your comments on the Site at our sole discretion.

Beside the above, you shall also follow Vista Nova’s Content Guidelines.

If you consider any Vista Nova’s Content or User Generated Content on this Site infringes your intellectual property or privacy rights, breaches these Terms, or is otherwise unlawful, please contact us immediately at support@vistanova.com.

4. TRADEMARK AND COPYRIGHT

All trademarks, trade names, service marks, and logos on this Site are owned by or registered to: (i) Vista Nova; (ii) companies in the same group of companies as Vista Nova; or (iii) independent third parties whose materials or technologies Vista Nova integrates into its products or whose services Vista Nova uses to support its business operations. The relevant owners or registrants of such trademarks, trade names, service marks, and logos retain all rights in them. No license or right to use any such trademarks, trade names, service marks, and logos is granted as a result of your access to this Site save to the extent necessary to allow you to display the Site properly on your device for your personal, non-commercial use.

You may view and use Vista Nova’s Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: support@vistanova.com. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Vista Nova. You may not use Vista Nova's Content or Compilation in any manner that disparages or discredits Vista Nova or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Vista Nova and/or its Software suppliers. The Content, the Compilation and the Software are all protected under national and international copyright laws. All rights not expressly granted are reserved by Vista Nova. Violators will be prosecuted to the full extent of the law.  

Vista Nova respects intellectual property rights and follows intellectual property laws and asks that you respect the work and creative rights of others. Vista Nova may cancel your account and terminate providing Vista Nova’s Services to you once you are reported by anyone for the violation of any intellectual property law or the infringement of any third party’s right. You will be solely responsible for such violation and/or infringement.

5. PROHIBITED CONDUCT

You must not: (i) interrupt, compromise, or otherwise interfere with this Site or any other website we operate; (ii) access any data or other information which is not your own by entering into a secure Vista Nova server, account, file, or database; (iii) upload or transmit any virus, bug, corrupt file or link, or any other data or malicious content which could damage this Site or any other website we operate, or any of our software or equipment, or those of any third party; or (iv) attempt to do any of the actions listed in this paragraph.

6. PRODUCT DESCRIPTION AND IMAGES

Each item offered for sale on the Site has an item description and/or a referral link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the Site.

Product images on this Site are illustrative only. Actual products available in our stores or through our ecommerce channels may differ from the images appearing on this Site.

7. PUCHASE OF PRODUCTS

You can pick the products at the product webpage and add the products into the online shopping cart. Your order is purchase of a product for which you have paid the applicable fee and/or other charges that we have accepted and received. We may choose not to accept any orders in our sole discretion.

Before ordering from us, it is your responsibility to check and determine full ability to receive the products. Correct name of the recipient, delivery address and postal code/zip code, and up-to-date telephone number are absolutely necessary to ensure successful delivery of products. All information asked on the checkout page must be filled in precisely and accurately. Vista Nova will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number.

8. FEES AND PAYMENT

Each product or service has its price. When you order a product, or use a service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. We do not accept bargaining online. We wish you make your best choice and enjoy your shopping experience.

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Vista Nova for damages resulting from such unauthorized use.

Vista Nova at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Vista Nova may use or participate in.

9. TAXES

You are responsible for all applicable taxes including without limitation to VAT, customs duty and others. The taxes will be added to the total price of the product before you make the payment. Vista Nova may collect the applicable taxes from you and pay the taxes to the relevant tax authority.

10. SHIPPING AND DELIVERY

After you pay for the products and services and the products are produced, Vista Nova will have its supplier to ship the products to you. For any return of products, please refer to our Return Policy.

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the product’s price and may vary depending on delivery location and/or sort of the products.

We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. You may find average time for delivery in our Shipping Policy.

Title to the products in your order will be transferred to you when the products leave the warehouse of Vista Nova or Vista Nova’s supplier and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you upon the delivery of the products to the carrier. By placing an order on this Site, you authorize Vista Nova or Vista Nova’s supplier to engage third party shipping services on your behalf.

11. LIMITED WARRANTY ON PRODUCTS

We provide limited warranty on our products. Please refer to our Product Warranty Policy for details when it applies to you.

We unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.

12. LINKS

This Site may contain links to a third party’s websites not under Vista Nova’s control. Vista Nova has no responsibility for, and does not endorse, any linked websites. Linked websites may have their own terms of use and privacy policies which govern access and use. Vista Nova is not liable for any damages or obligations you incur as a result of any visit to any third party’s website. Third party websites may contain links to this Site. Vista Nova does not endorse any website which links to this Site, nor is Vista Nova affiliated with any such website. If you have accessed this Site by clicking a link from a third party’s website, your access to and use of this Site is governed by these Terms, not those of the third party’s website from which you linked.

13. PRIVACY

If you submit any personal data of yourself or any other person (such as your customer) to Vista Nova through this Site, Vista Nova will use it in accordance with the terms of our Privacy Policy.

14. INDEMNITY

You agree to indemnify and hold Vista Nova, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Vista Nova by any third party due to or arising out of or in connection with your use of Vista Nova Services. 

15. WEBSITE SECURITY

Vista Nova takes reasonable steps to protect personal information from misuse, loss, unauthorized use, modification or disclosure, but Vista Nova does not warrant and cannot ensure the security of any information which you transmit. We maintain physical, electronic, and procedural safeguards designed to help us protect your non-public personal information. When you establish an account at Vista Nova, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. You may change the password as often as you wish by going to “the settings".

With respect to certain website hosting and other products and services provided to you, we may obtain access to data about your end users or customers. We generally process and use such end user and customer data on your behalf and under your instructions in accordance with our role as a mere processor of any such information on your behalf.

16. DISCLAIMER

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. VISTA NOVA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. VISTA NOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISTA NOVA DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.

VISTA NOVA MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY VISTA NOVA AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

17. LIMITATION OF LIABILITY

If you are a consumer user (that is, accessing or using this Site in a personal capacity and not in the course of any business or trade), Vista Nova and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which Vista Nova could not reasonably foresee as a consequence of your access to or use of this Site.

If you are a business user (that is, accessing or using this Site in a business or trade capacity), Vista Nova and its directors, officers, employees, agents, affiliates, licensors, manufacturers, and/or suppliers will not be liable to you for any loss or damage you suffer as a result of your access to or use of this Site which is indirect, special, consequential or punitive, or in the following categories (in each case whether direct or indirect): (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of or damage to data; or (v) loss of business opportunity, goodwill or reputation.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Vista Nova to do so. If those consumer guarantees apply to you, and Vista Nova cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Vista Nova: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Vista Nova to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Nothing in this clause excludes or limits Vista Nova’s liability for death or personal injury caused by its negligence. If the country in which you are located does not allow any of the limitations or exclusions of liability set out in this paragraph, they will be dis-applied solely to the extent necessary to render this paragraph compatible with that country’s law.

18. VIOLATION OF THESE TERMS OF USE

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Vista Nova’s rights or property, or the rights or property of visitors to or users of the Site, including Vista Nova’s customers. Vista Nova reserves the right at all times to disclose any information that Vista Nova deems necessary to comply with any applicable law, regulation, legal process or governmental request. Vista Nova also may disclose your information when Vista Nova determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Vista Nova may preserve any transmittal or communication by you with Vista Nova through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Vista Nova determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Vista Nova, its employees, users of or visitors to the Site, and the public.

You agree that Vista Nova may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Vista Nova, for which monetary damages would be inadequate, and you consent to Vista Nova obtaining any injunctive or equitable relief that Vista Nova deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Vista Nova may have at law or in equity.

You agree that Vista Nova may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Vista Nova does take any legal action against you as a result of your violation of these Terms of Use, Vista Nova will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Vista Nova. You agree that Vista Nova will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

19. FORCE MAJEURE

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Vista Nova) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.

20. GOVERNING LAW

These Terms are governed by and shall be interpreted in accordance with the laws of Hong Kong and the non-exclusive jurisdiction of the Hong Kong International Arbitration Center. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Vista Nova, and Vista Nova 's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these Terms or any additional terms limits any consumer legal rights which may not be waived by contract.

21. SITE FEEDBACK

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Vista Nova in connection with the operation or content of this Site shall be provided by the submitter and received by Vista Nova on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Vista Nova. By submitting any such information to Vista Nova, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Vista Nova shall be free to use such information on an unrestricted basis.

22. MISCELLANEOUS

If any provision of these Terms is deemed illegal, void or unenforceable, the remainder of these Terms shall remain fully operative.

Vista Nova at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services.

If you have any questions about this Agreement, please email us at support@vistanova.com.

© 2021 Vista Nova All rights reserved.