Terms of Service

Welcome to Novum Inc. (“Novum”, “we”, “us”, or “our”). These Terms of Service (the “Terms”) govern your access to and use of our website, all products across 11 categories, all services, and all Gift with Purchase (GWP) promotions. By accessing, browsing, or purchasing from our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms, together with our Privacy Policy, Shipping Policy, International Shipping Info, Return & Refund Policy, Delivery Timeframes, and Gift with Purchase Promotion Rules, constitute the entire agreement between you and Novum. They supersede all prior or contemporaneous oral or written communications, representations, or understandings, including customer service statements, chat communications, product descriptions, and promotional copy.

1. Definitions

For the purposes of these Terms:

· Final Paid Amount: The total amount actually paid by the customer for a single individual order, including merchandise subtotal, shipping charges, and all applicable taxes, after all discounts, coupons, gift cards, store credits, promotional codes, refunds, and any other adjustments have been applied.

· MSRP: Manufacturer’s Suggested Retail Price, the official retail price published by the manufacturer of a product or GWP item. MSRP is the sole and exclusive valuation reference for all GWP items for all purposes, including return deductions, customs declaration, and liability calculations. MSRP does not reflect secondary market values, collector premiums, resale value, or market fluctuations of any kind.

· GWP: Gift with Purchase, a conditional promotional gift program under which complimentary goods are provided to customers who meet specified purchase thresholds.

· Tier: A specific GWP reward level corresponding to a defined minimum Final Paid Amount threshold. Each tier corresponds to a specific GWP item or set of items of a defined MSRP value.

· Promotional Period: The period during which a GWP promotion is active, as displayed on the promotional page.

2. User Accounts & Responsibilities

2.1 Account Creation

You may be required to create an account to place orders or access certain features. You agree to provide accurate, complete, and current information during registration and to update your information as necessary.

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account information.

2.3 Account Eligibility

You must be at least 18 years old to place an order or create an account. By placing an order, you represent and warrant that you are of legal age to form a binding contract.

3. Products, Orders & Pricing

3.1 Product Information

We make every effort to display product descriptions, images, pricing, and specifications accurately. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or errorfree. Minor variations in color, size, or specifications may occur due to manufacturer changes.

All products sold on our website are manufactured, warranted, and qualitycontrolled by their respective licensed manufacturers. Product design, manufacturing, quality control, safety certification, and regulatory compliance are the sole and primary responsibility of the manufacturer. As an authorized reseller, we verify product authenticity but assume no liability for manufacturing defects beyond what is required by law.

3.2 Pricing & Availability

All prices are subject to change without prior notice. Prices displayed on the website exclude taxes and shipping charges unless otherwise stated.

Products and promotions are subject to stock availability. We reserve the right to limit quantities, discontinue products, or cancel orders at any time for any reason, including but not limited to stock exhaustion, pricing errors, product discontinuation, or fraud prevention.

3.3 Order Acceptance

Your receipt of an order confirmation email does not constitute our acceptance of an order or a guarantee of availability. We reserve the right to accept, reject, or cancel any order at any time prior to shipment for any reason.

If an order is cancelled after payment has been processed, a full refund will be issued to the original payment method.

3.4 Pricing Errors

In the event of a pricing error, typographical mistake, or technical glitch resulting in an incorrect price, we reserve the right to cancel any order placed at an incorrect price. We will notify you of the error and provide the option to proceed at the correct price or cancel the order for a full refund.

4. Gift with Purchase (GWP) Program

The following rules govern all GWP promotions, items, and tiers across all 11 product categories. Additional detailed rules are set forth in our separate Gift with Purchase Promotion Rules, which are incorporated herein by reference.

4.1 Nature of GWP

GWP items are conditional, complimentary promotional goods provided exclusively to customers who meet the minimum purchase thresholds set forth herein. GWP items are promotional gifts, not merchandise offered for independent sale. GWP items have no independent cash redemption value and may not be purchased separately, exchanged for cash, credited to any other purchase, or applied to any other order.

No GWP offer constitutes a binding obligation until all eligibility conditions set forth in these Terms are fully satisfied. We reserve the right to modify, suspend, or terminate any GWP promotion, tier, or item at any time without prior notice, in accordance with applicable law.

4.2 Eligibility

· Perorder calculation only: GWP eligibility is determined exclusively by the Final Paid Amount of a single individual order. Multiple orders may not be combined, stacked, aggregated, or consolidated to reach a higher tier threshold.

· Highest tier only: You will receive only the highest tier for which your Final Paid Amount qualifies. Lower tiers are not included and may not be claimed separately.

· No stacking: GWP promotions may not be combined with any other promotion, discount, bulk pricing, employee discount, or special offer unless explicitly stated in writing by an authorized officer of Novum Inc. If multiple promotions apply, the single highestvalue tier applies.

· Automatic application: The highest eligible GWP tier will be automatically added to your cart when the threshold is met. No promo code is required.

4.3 Quantity Limits & AntiArbitration

· Household limit: Limit 1 GWP unit per tier, per household, per billing identity, and per shipping address, per promotional period.

· Multifactor verification: For the purposes of enforcing quantity limits, we reserve the right to combine, crossreference, and verify multiple orders based on any combination of: shipping address, recipient name, billing address, payment method, payment account, email address, IP address, phone number, and pickup location.

· No circumvention: Multiple orders associated with the same individual, household, entity, or payment instrument will be deemed one order for the purpose of the quantity limit. We reserve the right to cancel any orders we reasonably believe are placed to circumvent quantity limits, for commercial resale, for arbitrage, or for redistribution purposes.

· Personal use only: GWP items are for personal, noncommercial use only. Commercial resale, redistribution, bundling, auction, or reoffer for sale of GWP items is strictly prohibited and may result in cancellation of eligibility, cancellation of orders, or permanent restriction of future purchasing privileges.

4.4 Fulfillment

All GWP items are shipped separately from the main order in separate, individually labeled and individually declared packaging. GWP items follow a separate fulfillment timeline independent of the main order.

GWP items will be processed and dispatched only after both of the following conditions are fully satisfied:

1. successful final delivery of the full main order to the shipping address; and

2. expiration of the applicable statutory return window for the main order.

Orders with pending disputes, refunds, chargebacks, payment holds, fraud reviews, or unresolved issues will have GWP shipment and the associated timeline paused until full final resolution.

4.5 Returns, Refunds & GWP Eligibility – NonNegotiable Rules

The following rules apply universally to all GWP items across all categories and tiers, with no exceptions:

1. No Separate Returns, Exchanges, or Credits
GWP items cannot be returned, refunded, exchanged, or credited separately from the main order. All GWPrelated returns, refunds, and adjustments must be processed together with a corresponding return of merchandise from the original order. We do not accept returns of GWP items alone, nor do we offer partial credits, exchanges, or refunds for GWP items independently.

2. Automatic Voidance on Any Refund or Adjustment
If any return, refund, credit, price adjustment, or chargeback reduces the Final Paid Amount below the threshold of the qualifying GWP tier, your GWP eligibility is automatically and immediately void.
You may not keep the GWP item and receive a refund of the main order that reduces your Final Paid Amount below the qualifying threshold. Retention of a GWP item while receiving a refund that voids eligibility is not permitted under any circumstances.

3. No Partial Tier Retention on Partial Refunds
When only part of an order is returned:

· If the remaining Final Paid Amount still meets or exceeds the original GWP tier threshold, you may keep the corresponding GWP item. Only the value of the returned main merchandise will be refunded.

· If the remaining Final Paid Amount falls below the original GWP tier threshold, you must return all GWP items in full or have the full MSRP of the applicable tier deducted from your refund amount. Partial tier retention, tier downgrades, and prorated GWP credits are not permitted under any circumstances.

4. Full MSRP Deduction – No Depreciation, No Discounts
If your GWP eligibility is voided and you elect to keep the GWP item(s), the full original MSRP of the applicable tier and category will be deducted from your refund amount in full.
No depreciation, proration, wearandtear adjustment, damage discount, residual value credit, or replacement cost deduction will be applied for any reason, including but not limited to:

· the GWP item has been opened, unsealed, or used;

· the GWP item is damaged, scratched, or shows signs of wear;

· the GWP item is missing components, accessories, tags, or original packaging;

· the GWP item has been previously replaced, reissued, or exchanged by us or the manufacturer;

· the GWP item has been activated, registered, or personalized;

· the packaging has been opened or altered.

Deductions are calculated based on the original MSRP at the time the promotion was offered, not on current market value, secondary market value, collector value, or any other valuation.

4.6 Defective GWP Items

If your GWP item arrives defective or damaged upon delivery, please contact us within 14 days of delivery with photographic evidence of packaging and product condition. We will assist you with the manufacturer warranty claim or replacement process in accordance with applicable law.

Defective GWP items confirmed by the manufacturer will be replaced by the manufacturer. Returns of defective GWP items are subject to manufacturer inspection and approval. Non-defective GWP items returned as defective may be subject to a restocking fee equal to the full MSRP of the item.

5. Shipping & Delivery

5.1 General

All delivery timeframes are estimates only and do not constitute a guarantee of delivery by a specific date. Delivery times are calculated from the date of shipment, not the date of order placement.

Additional shipping terms and delivery timeframes are set forth in our Shipping Policy and Delivery Timeframes, which are incorporated herein by reference.

5.2 International Shipping

· All international orders are shipped on a Delivered Duty Unpaid (DDU) basis. Customers are the importer of record and are solely responsible for all import duties, tariffs, VAT, GST, customs brokerage fees, and any other charges imposed by local authorities.

· We are not liable for packages seized, detained, confiscated, or destroyed by customs authorities due to noncompliance with local laws. No refund will be provided for packages seized or rejected for compliance reasons.

· Customs clearance time is not included in estimated delivery timeframes. We are not liable for delays caused by customs processing or inspection.

Additional international shipping terms are set forth in our International Shipping Info, which is incorporated herein by reference.

6. Returns & Refunds

6.1 General Return Policy

Subject to the exceptions and categoryspecific rules, we accept returns of most unopened, unused, and resalable items within 7 calendar days of delivery for a refund of the purchase price, excluding original shipping costs.

All returns require prior written return authorization. Items returned without prior authorization will not be processed.

Additional return and refund terms are set forth in our Return & Refund Policy, which is incorporated herein by reference.

6.2 NonReturnable Items

The following items are nonreturnable unless proven defective upon delivery:

· opened or consumed food, beverage, nutritional, and personal care products;

· opened cosmetics, hygiene products, and intimate apparel for health and hygiene reasons;

· promotional GWP items returned separately from the main order;

· digital products, subscriptions, gift cards, and downloadable content once activated or redeemed;

· custom, personalized, madetoorder, or final sale items.

6.3 Refund Processing

Once received and inspected, refunds are processed within 3–5 business days to the original payment method. We are not responsible for delays caused by your bank or payment processor.

6.4 Deductions

The following may be deducted from your refund where applicable:

· original outbound shipping costs, unless the return is due to our error or a defective product;

· return shipping costs, unless the return is due to our error or a defective product;

· the full MSRP of any GWP items not returned in original, unopened condition when eligibility is voided;

· for international returns: all import duties, taxes, customs fees, and return shipping costs;

· restocking fees for items returned without authorization or in used condition, where permitted by law.

7. Payment & Billing

7.1 Payment Methods

We accept all major credit and debit cards, PayPal, and other regionally available payment methods. All charges are processed in US dollars.

7.2 Authorization

By placing an order, you authorize us to charge your selected payment method for the total order amount, including all taxes, shipping charges, and applicable fees.

7.3 Currency & Conversion Fees

If your payment method uses a different currency, your bank may apply currency conversion fees or foreign transaction charges. We are not responsible for any such fees or exchange rate fluctuations. Refunds are processed in the original currency of purchase at the original purchase amount.

7.4 Taxes

All orders are subject to applicable sales tax, VAT, or GST based on the shipping address, in accordance with local tax laws. Prices displayed are exclusive of taxes unless otherwise stated.

8. Intellectual Property

8.1 Ownership

All content on our website, including text, images, logos, trademarks, product descriptions, and software, is the property of Novum Inc. or our licensors and is protected by copyright, trademark, and other intellectual property laws.

8.2 Restrictions

You may not reproduce, distribute, modify, transmit, display, perform, or create derivative works from any website content without our prior written consent. You may not use our trademarks, trade names, or logos in any manner without our prior written permission.

9. User Conduct

You agree not to:

· violate any applicable laws, regulations, or thirdparty rights;

· provide false, inaccurate, or misleading information;

· interfere with or disrupt the operation of the website or our services;

· attempt to gain unauthorized access to our systems, networks, or data;

· use the website for any commercial purpose without our prior written consent;

· engage in any activity that could damage, disable, or impair our website or services.

We reserve the right to terminate or suspend your account at any time for violation of these Terms or for any other reason at our sole discretion.

10. Disclaimers & Product Liability

10.1 General Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

10.2 Manufacturer’s Primary Responsibility

All products and GWP items sold on our website are manufactured, warranted, and qualitycontrolled by their respective licensed manufacturers. Product safety, defects, performance, and all product liability matters are the sole and primary responsibility of the manufacturer.

As an authorized reseller, we verify product authenticity and will assist with manufacturer communication and warranty claims. We do not provide independent warranties or assume liability for manufacturing defects, product failure, personal injury, or property damage resulting from product use, to the fullest extent permitted by applicable law.

By product category:

· Automotive: Manufacturing defects, emissions compliance, and warranty issues are the sole and primary responsibility of the manufacturer.

· Luxury goods: Authenticity is guaranteed; manufacturing defects are the sole responsibility of the manufacturer.

· Electronics: Manufacturing defects and performance issues are the sole responsibility of the manufacturer.

· Food & beverages: Product safety, quality, integrity, and allergen control are the sole and primary responsibility of the manufacturer. We are not liable for spoilage or deterioration resulting from shipping delays or customs clearance.

· All other categories: Manufacturing defects and product safety are the sole and primary responsibility of the manufacturer.

10.3 ThirdParty Services

Digital subscription services and other thirdparty services are subject to the respective service provider’s terms of service. We are not responsible for thirdparty service availability, content, performance, or changes.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVUM INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, PRODUCTS, OR SERVICES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR ORDER OR USE OF OUR SERVICES EXCEED THE TOTAL PURCHASE PRICE PAID FOR THE SPECIFIC ITEMS AFFECTED. FOR GWP ITEMS, OUR TOTAL LIABILITY SHALL NOT EXCEED THE FULL MSRP VALUE OF THE APPLICABLE GWP TIER.

THE FOREGOING LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential damages, so the above limitations may not apply to you.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict of law principles. This does not exclude or limit any mandatory consumer protection laws that apply to you based on your place of residence.

12.2 Informal Resolution

We encourage you to contact us first to resolve any dispute directly. Most disputes can be resolved quickly through our customer service process.

12.3 Jurisdiction

Any dispute arising out of or related to these Terms or your order shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, United States of America. You consent to the personal jurisdiction and venue of such courts.

12.4 No Class Action

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

13. Regional Legal Compliance

13.1 European Union & United Kingdom

If you are a consumer resident in the European Union or United Kingdom, nothing in these Terms limits your statutory consumer rights under the Consumer Rights Directive and UK Consumer Rights Act 2015, including your statutory 14day cancellation right for distance sales.

13.2 Germany & Austria

These Terms and all promotions comply with the Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG) and the German Civil Code (BGB).

13.3 France

These Terms and all promotions comply with the French Consumer Code (Code de la consommation).

13.4 Australia & New Zealand

Nothing in these Terms excludes, restricts, or modifies any statutory consumer guarantees under the Australian Consumer Law or New Zealand Fair Trading Act where applicable by law.

13.5 Canada

These Terms comply with the Competition Act and applicable consumer protection regulations.

13.6 California

Nothing in these Terms limits any rights you may have under the California Consumer Privacy Act (CCPA) or other applicable California state laws. WARNING: Products may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

14. General Provisions

14.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while achieving the original intent.

14.2 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, labor strikes, carrier disruptions, port congestion, customs actions, government regulations, trade sanctions, war, or civil unrest. Our performance obligations shall be extended for the duration of such an event.

14.3 Entire Agreement

These Terms, together with the policies and documents incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

14.4 Limited Authority

No employee, agent, or customer service representative has the authority to alter, modify, waive, or amend any provision of these Terms, except in a written document signed by an authorized officer of Novum Inc. Informal communications are for informational purposes only and do not constitute a binding modification or waiver.

14.5 Assignment

We may assign these Terms or any of our rights or obligations hereunder without notice. You may not assign these Terms or any of your rights or obligations without our prior written consent.

14.6 Notices

All notices to you will be sent to the email address associated with your account or posted on our website.

14.7 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.