Terms and Conditions of Sale

1. APPLICATION OF THE GENERAL CONDITIONS

The purpose of the General Conditions is to define the rights and obligations of the parties with regard to the use of the Site and the placing of Orders on the Site. Our Privacy Policy provides you with an overview of how we process and protect your Personal Information. Our Privacy Policy provides you with an overview of how we process and protect your Personal Information.

Access to and use of the Site imply prior acceptance without reservation by any Internet user of these General Conditions.
The Ordering of Products by the Customer implies the acceptance of the entirety of the present General Conditions. This acceptance is confirmed by ticking a box accepting the General Conditions when placing the Order. The Customer acknowledges having fully understood and accepted them without restriction. The Customer recognizes the value of proof of our automatic recording systems and waives the right to contest them in case of litigation, except for him to bring proof of a failure of these systems.

The General Conditions are applicable to the relations between the parties to the exclusion of all other conditions and express the entirety of the obligations of the parties. The acceptance of the General Conditions assumes that Internet users and customers have the necessary legal capacity to do so.
If an Internet user or a Customer does not agree with all or part of the General Conditions, he/she is strongly recommended not to use the Site.
We reserve the right to unilaterally and without prior notice refuse access to the Site to any Internet user or Customer who does not comply with the General Conditions and to take any measures we deem appropriate in the event of non-compliance with these General Conditions. We reserve the right to modify these Terms and Conditions from time to time, it being specified that the applicable Terms and Conditions are those in force at the time of the Order and attached to the Order confirmation e-mail.

2. DEFINITIONS

Client: means any natural person registered on the Site
Sales Order: shall designate the order placed by the Client for a Product on the Site
General Conditions: means the present general conditions of sale and use of the Site
Personal Space: refers to the Customer’s personal space to which the Customer has access after logging in.
Internet user: means any person connecting to the Site
Product: means any good sold on the Site, including caps and t-shirts

Site: refers to the Internet site accessible at the URL www.novakapitano.com

3. CONDITIONS OF USE OF THE SITE

The Site is freely accessible to any Internet user with Internet access. However, the equipment and connection costs for accessing and using the Site are the sole responsibility of the Internet user. The Internet user is entirely responsible for his computer equipment and his access to the Internet.

3.1. Obligations of the Internet user

The Internet user agrees to use the Site only for legal purposes. The Internet user may not use the Site in any way that contravenes any law or regulation whatsoever.
The Internet user undertakes in particular to:
Not to access the Site fraudulently and without authorization or to damage or disrupt any part of the Site;
Do not download viruses or other codes that could jeopardize the proper functioning of the Site;

3.2. Availability of the Site

Nova Kapitano shall endeavour to ensure the availability of the Site and to make it accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Nova Kapitano.
Nova Kapitano reserves the right to suspend or interrupt access to the Site, in whole or in part, at any time and at its sole discretion, in particular for maintenance, operational requirements, internal choices or in case of emergency. Nova Kapitano also reserves the right to remove or modify any content at any time, notably for technical, commercial or practical reasons, subject to honouring past Orders.
Nova Kapitano shall in no way be held liable for such interventions, nor shall they give rise to compensation or damages.

4. VENDOR IDENTIFICATION

Company NOVA KAPITANO whose business address is

5. VALIDITY OF OFFERS

The items visible on the site are available while stocks last. The validity of the offers and the price is guaranteed within 8 days.
In case of debit or collection for the order of an unavailable item, NOVA KAPITANO undertakes to offer a credit note or refund the Customer within 14 days. NOVA KAPITANO undertakes to notify by e-mail the Customer who has ordered an unavailable item as soon as possible.

6. PRESENTATION OF THE PRODUCTS

The Products offered for sale are those described on the Site. The Company NOVA KAPITANO takes great care in the presentation and description of these Products to best meet the information of the Customer. It is however possible that non-substantial errors may appear on the Site, which the customer acknowledges and accepts. In any case, in case of non-conformity of the delivered Product compared to its description on the Site, the Customer will be able either, to exercise his right of retraction, or to implement the legal guarantee of conformity. The Company NOVA KAPITANO will proceed, if necessary, either to the exchange or refund of the price (in whole or in part) possibly charged.
The Products offered for sale on the Site are described in a Product sheet that mentions their essential characteristics.
The Customer acknowledges having received, prior to placing the Order, the following information:
– essential characteristics of the Product
– Product price
– additional costs for transport, delivery, postage and any other costs that may be due
– delivery date or deadline
– information on the identity and contact details of the seller

7. PRODUCT PRICING

The prices are presented in euros (€) including all taxes, excluding shipping costs. The amount of VAT is indicated during the selection of a product by the Customer. If the VAT rate were to be modified or if one or more taxes were to be created or modified, these changes could be reflected in the price of the Products.
We reserve the right to change our prices at any time, but the Products ordered will be invoiced at the price in effect at the time the Order is placed.
The delivery costs appear on the screen at the end of the selection of the Products by the Customer.

8. ORDER AND SECURE PAYMENT

8.1 : Payment

The Customer shall validate the Order as described below. This validation implies the acceptance of the present General Conditions.
The Customer interested in an article visible on the Site follows the following process to establish his order.
The Customer selects Products and adds them to his shopping cart. After clicking on the “confirm” icon and after having verified the specifics of his or her Order (color, quantity, size, price, etc.), the client validates the choice of the selected product(s) by clicking on it. If the Customer benefits from a special offer, he/she must first enter a code that has been assigned to him/her in the field provided for this purpose.
At the time of his first order, the customer creates his Personal Space on the Site by filling in a form containing the following information: title, surname, first name, complete delivery address, email, date of birth, telephone number. On this occasion the customer creates his password. All fields in the form must be filled in, except for those indicated as optional. Any failure to fill in the mandatory fields marked with an asterisk shall result in the failure to create a Personal Space and the impossibility of placing an Order on the Site. The Customer undertakes to enter data enabling him/her to be identified under his/her full responsibility and to provide complete, accurate and up-to-date information.
The customer has the option to pay by credit card directly on the site. After having validated his method of payment and accepted the General Conditions by checking the corresponding box, the customer definitively and irrevocably validates his order with the effects indicated below. We validate your Order and send you a summary of the Order including the details of your Order and the applicable General Conditions. Your invoice is immediately available in the space ” my account ” heading ” my orders “. The payment takes place as soon as the Order is validated. The sale shall be considered final once Nova Kapitano has sent the Customer confirmation of the Sales Order and once the full price has been paid.
We reserve the property of the Products until the complete payment of the Order
With PayPal your financial information is never communicated to NOVA KAPITANO. PayPal encrypts and protects your card number once and for all. PayPal encrypts and protects your card number once and for all.

8.2 : Default in payment

Nova Kapitano reserves the right to refuse to make a delivery or to honour an Order from a consumer who has not paid in full or in part for a previous Order or with whom a payment dispute is being administered.

8.3 : Payment verification

NOVA KAPITANO controls all the Orders that have been validated on its Site. These checks are intended to protect NOVA KAPITANO from abusive practices by fraudsters. In certain cases, particularly in the event of non-payment or incorrect address, Nova Kapitano reserves the right to block the Order. Our services may ask you to provide all the necessary documents to unblock your Order: proof of residence or debit in your name, or proof of residence in the name of the person indicated for the delivery address etc… These requests will be made by e-mail. Translated with www.DeepL.com/Translator (free version)

9. IDENTIFICATION AND PERSONAL SPACE

Customers who have already made a purchase on the NOVA KAPITANO web site may choose a password that will allow them, for subsequent Orders, not to have to fill in the form again prior to placing the Order by accessing their Personal Space. The Customer already registered is recognized on the Site as being a Customer of NOVA KAPITANO, after having identified himself with his email and his password.
Clients agree to provide accurate information and to keep it up to date. Chaque Client ne peut avoir qu’un seul Espace Personnel sur le Site. The creation of a Personal Space is reserved to any person aged at least 18 years.
The Customer’s Personal Space allows the Customer to follow up on previous Orders and to consult the history of Orders archived by NOVA KAPITANO.
Nova Kapitano undertakes to keep securely all contractual elements required to be kept by the law or the regulations in force.
The Customer is solely responsible for the use that is made of his identifiers, even if he pre-registers his identifiers on any type of equipment, thus allowing an automatic connection to his Personal Space.
The Client undertakes to: Not to create a false identity that could mislead Nova Kapitano or third parties and not to impersonate another person;
To regularly check the data concerning him and to proceed on line, from his Personal Space, to the updates and necessary modifications, in particular of his address;
Do not access a Personal Space belonging to another Customer;
Take all necessary measures to protect and guarantee the confidentiality of its connection identifiers and passwords as well as its data. In this respect, the Customer is recommended to ensure that at the end of each session he/she effectively disconnects from the Personal Space, in particular when accessing the Personal Space from a public network.
Any access or use of the Personal Space made from the Personal Space shall be deemed to have been made by the Customer.
We reserve the right to delete any account that does not comply with the Terms and Conditions and to communicate to the competent authorities any fact that could lead to legal proceedings against a Customer when the facts justify it.
We reserve the right to delete any account that does not comply with the Terms and Conditions and to communicate to the competent authorities any fact that could lead to legal proceedings against a Customer when the facts justify it.

10. TRANSPORT AND DELIVERY

DELIVERY OPTIONS

We offer different shipping options depending on your location. We have a special Express shipping allowing you to be delivered in 3 business days with a special rate :

• 3 days shipping to all European countries
• 4-day shipping within Canada and the United States
• 3 to 5 days shipping to other international countries, please contact us for more details

ORDER IN PROCESS

Orders placed by 12.30 pm GMT will be shipped out the same day. Orders placed after 12,30 pm GMT will be shipped out the next business day. Orders placed after 12,30 pm GMT on Fridays will be shipped by Monday the following week (exception is during Holiday Shipping times).

DELIVERY

Please make sure during checkout you are shipping your items to a secure location. Tracking is sent by email once your package is out for delivery. We are not liable for lost or stolen packages. Prices are inclusive of all taxes for all our European and North American shipments. the total price of the order includes shipping costs and taxes. For other countries, please contact us for more details.
Please include your phone number in the order process to ensure delivery.

11. RETURN / EXCHANGE

In the rare case that your item is incorrect or damaged in transit, we will be happy to help you return your items purchased on novakapitano.com. The items must be in new condition, unworn, with tags, in original packaging and with the original novakapitano.com proof of purchase. In that case, you can ship it back to us with your original proof of purchase for a refund. They shouldn’t have been worn, washed, nor damaged. For returns and exchanges, please send an email to support@novakapitano.com.Please include your order number and the items you’d like to return. Our team will send a return label, please attach to your securely packaged items and ship back to us.
Starting from the day you receive your items, you have 20 days to proceed to a return.
From the 1st to the 15th day, the return will give you the right to an exchange, a credit note or a refund (except for products on sale), from the 16th to the 30th day, it will give you the right to an exchange or a credit note.
Return costs are the charge of the customer

12. LEGAL GUARANTEES

The Products offered for sale are subject to the legal guarantee of conformity of articles L. 217-4 and following of the Consumer Code and to the guarantee relating to the defects of the thing sold of articles 1641 and following of the Civil Code.
Customers then have a period of 2 years from delivery or from the discovery of the defect to make use of these guarantees. The cost of returning the Products shall be borne by Nova Kapitano.
– Warranty for defects in the item sold
In case of implementation of the legal guarantee relating to the defects of the thing sold, it will be up to the Customer to prove that the defects existed at the time of the sale of the Product and are likely to make the Product unfit for the use for which it is intended.
Nova Kapitano shall not be held responsible for any misuse of the Products by the Customer.
The Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.
– Legal guarantee of conformity
When he acts in legal guarantee of conformity, the consumer :
– May choose between repairing or replacing the Product, subject to the conditions of disproportionate cost to Nova Kapitano provided for in Article L. 217-9 of the Consumer Code
– Does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of used goods) following the delivery of the Product
– Nova Kapitano does not provide any commercial guarantee.

13. TREATMENT OF UNDELIVERED PACKAGES BY OUR TRANSPORT PROVIDER

These are packages that have not been delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, transport damage, spoliation…

13.1 : Returns due to NPAI

These are packages returned by the service provider in charge of delivery under the mention: Does not live at the address indicated. After receipt and acceptance of your package by our services, NOVA KAPITANO will contact the Customer to return his Order (postage at the expense of the Customer).

13.2 : Returns for “NO CLAIM

13.2 : Déclarations pour “NO CLAIM After receipt and acceptance of your package by our services, NOVA KAPITANO will contact the Customer to return his Order (postage at the expense of the Customer.

13.3 : Returns due to “REFUSE

You refused your package at the time of delivery. After receipt and acceptance of your package by our services, a voucher will be credited to your customer account within 72 hours of receipt of your package. You can request the cancellation of your voucher and its refund.

14. RESPONSIBILITY

For all stages of access to the site, consultation, filling in forms, placing Orders, delivery of items or any other service, the company NOVA KAPITANO has only an obligation of means. Consequently, NOVA KAPITANO cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network and totally external to the diligence and precautions taken by NOVA KAPITANO. In particular, any disruption in the provision of service, or any external intrusion or presence of computer virus, can not engage the responsibility of NOVA KAPITANO.
Nova Kapitano is responsible to the Customers for the proper execution of the contract concluded with the Customer. However, any event qualified as force majeure within the meaning of the Civil Code and the case law of the Court of Cassation totally exonerates NOVA KAPITANO from any liability. Similarly, Nova Kapitano shall not be held liable for the non-performance or improper performance of the contract due to the occurrence of an event attributable to the Customer. The customers benefit from the guarantees granted by the brands present on the Site.
Nova Kapitano shall not be held liable for the content of websites referred to by hypertext links on the Site.
In the absence of legal or regulatory provisions to the contrary, Nova Kapitano’s liability shall be limited to the direct, personal and certain damage suffered by the Customer.

15. INTELLECTUAL PROPERTY

All elements of the NOVA KAPITANO site, whether visual or audio, including the underlying technology, are protected by copyright, trademark, database or patent. They are the exclusive property of NOVA KAPITANO or its partners.
Any reproduction, representation, translation, adaptation, transformation and/or exploitation in any manner whatsoever of all or part of the Site carried out without the prior consent of NOVA KAPITANO or its beneficiaries constitutes an infringement of intellectual property rights that may give rise to legal proceedings.
Any hypertext link to the NOVA KAPITANO website using framing, deep-linking, in-line linking or any other deep-linking technique constitutes a reproduction of the Site and is in any case formally prohibited. In all cases, any link, even tacitly authorized, must be removed upon request from NOVA KAPITANO.

16. PERSONAL DATA

Nova Kapitano collects certain personal data concerning Customers and Internet users under the conditions defined in our Privacy Policy.

17. DISPUTES

In case of difficulty arising from the order or delivery of NOVA KAPITANO items, the customer will have the opportunity, before any legal action, to seek an amicable solution, including with the help of a consumer association or any other advice of his choice.

In this regard, the customer may contact Nova Kapitano customer service. Any dispute likely to result from the interpretation or the execution of the present general conditions of sale and its consequences will be subjected to the exclusive competence of the Moroccan commercial courts.