Terms of service

PREVIEW

Welcome to Nono By Vivi! The terms “we,” “us,” and “our” refer to Nono By Vivi. Nono By Vivi operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the “Services”). Nono By Vivi uses the Shopify platform, which enables us to offer you the Services.

The terms and conditions below, together with the policies referenced therein (the "Terms of Use" or "TU"), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy https://nonobyvivi.com/policies/privacy-policy .

If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

1. Introduction

These General Terms of Service define the rights and obligations applicable to the use of our online store and the purchase of our products.

Nono by Vivi offers original creations illustrated by an independent Swiss artist and printed on various media such as clothing, accessories, everyday objects and art prints.

By visiting our site, using our services or placing an order, you agree to these Terms and Conditions and the associated policies available on our site, including our Privacy Policy and our Return and Refund Policy.

If you do not agree to these conditions, we ask that you do not use our site or our services.

2. Access and account

By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and you give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing one

For products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for the security of your account credentials and all activity related to your account. You are not authorized to transfer, sell, assign, or license your account to any other person.


3. Our creations and our products

Each illustration offered by Nono by Vivi is an original creation conceived and produced by an independent Swiss artist.

Our characters, graphic universes, illustrations and designs are carefully created to offer unique and creative products.

These creations are protected by applicable intellectual property rights. Any reproduction, copying, modification, adaptation, commercial use or exploitation of our illustrations, characters or designs, in whole or in part, is strictly prohibited without the prior written authorization of Nono by Vivi.

Our products are made to order after your order is confirmed. This manufacturing method allows us to limit overproduction and offer original creations while avoiding waste.

The photographs and product presentations on our website are intended to represent our creations as accurately as possible. These visual elements are protected and may not be copied, reproduced, downloaded, modified, distributed, used for commercial purposes, or exploited in any form whatsoever without the prior written authorization of Nono by Vivi.

We would also like to draw your attention to the fact that the final product may differ slightly from the images shown on our website:

  • Colors may vary slightly depending on your screen settings;
  • The result may vary slightly depending on the medium chosen and the printing process;
  • Slight variations may exist between two productions.

These differences, inherent in digital media and manufacturing processes, do not constitute a product defect.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time.


4. Made to order

Our products are made specifically after your order, so they are not usually prepared in advance.

Manufacturing takes place after payment has been validated.

This system means that orders generally cannot be modified or cancelled once production has started.

We therefore invite you to check carefully:

  • the chosen model;
  • the size ;
  • the color;
  • the delivery address;
  • the information entered during the ordering process.


5. Orders

When you place an order on our store, you confirm the accuracy of the information provided, including your contact details and delivery address, and you agree to pay the amount indicated at the time of your purchase.

We need to receive and process your payment before your order is confirmed. Please carefully review your order before submitting it, as Nono By Vivi may not be able to accept cancellation requests once the order has been confirmed.

An order is considered accepted after payment confirmation. An automatic confirmation will then be sent to the email address you provided when placing your order. Please check your spam/junk mail folder if you do not receive this email.

We reserve the right to refuse or cancel an order in the following situations:

  • obvious error in the displayed price;
  • suspicion of fraud;
  • payment-related problem;
  • exceptional impossibility of manufacturing or delivering the ordered product.

In the event of a cancellation, we will contact you at the email address provided when you placed your order.

Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy https://nonobyvivi.com/policies/refund-policy .

You declare and warrant that your purchases are for personal or domestic use only, and not for commercial resale or export.


6. Price and payment

Prices, discounts and promotions are subject to change without notice.

The prices displayed on our store are shown in the currency selected during your browsing.

The applicable price is the one displayed at the time of order confirmation.

Delivery costs are shown before the purchase is finalized.

Depending on your country of residence or delivery, taxes, customs duties, or import fees may apply. These charges are the responsibility of the customer.

Payment is due in full at the time of ordering.

From time to time, we may offer promotions on our Services that may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

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

You represent and warrant that : (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use this card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the prices displayed, including delivery and processing charges, and all applicable taxes.


7. Delivery

We prepare each order with care so that it is manufactured and shipped as quickly as possible.

Delivery times include:

  • the time required for manufacturing and shipping;
  • the delivery time by the carrier.

The delivery times indicated on our website are estimates and may vary depending on:

  • the destination country;
  • the chosen carrier;
  • periods of high demand;
  • events beyond our control.

We cannot be held responsible for shipping and/or delivery delays, including delays caused by carriers, customs services, or any event reasonably beyond our control. Once the products are handed over to the carrier, ownership and risk of loss are transferred to you.

We encourage you to carefully check your delivery address before confirming your order. Nono by Vivi cannot be held responsible for any problems resulting from an incorrect or incomplete address provided by the customer.


8. Returns, exchanges and refunds

The conditions relating to returns, exchanges and refunds are detailed in our Return and Refund Policy.

Due to the made-to-order nature of the product, returns are generally not accepted in the following cases:

  • change of mind;
  • size error;
  • error in color or model chosen by the customer;
  • personal preference.

If your product has a manufacturing defect, was damaged during transport, or you received an incorrect item, please contact us in accordance with the terms outlined in our Refund Policy.


9. Intellectual Property

All the items available in our shop, including:

  • illustrations;
  • concepts;
  • characters;
  • graphic designs;
  • designs;
  • logos;
  • texts;
  • visual elements;

are the property of Nono by Vivi and their creators and are protected by applicable intellectual property rules.

Any reproduction, copying, modification, variation, adaptation, personalization, commercial use, distribution or exploitation of our creations, in whole or in part, without prior written authorization from Nono by Vivi is strictly prohibited.

Purchasing a Nono by Vivi product does not transfer any intellectual property rights to the illustrations or associated creations.

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of Nono By Vivi, its affiliates or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.

These Terms authorize you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Nono By Vivi, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Nono By Vivi.

The names, logos, product and service names, designs, and slogans of Nono By Vivi are registered trademarks of Nono By Vivi, its affiliates, or its licensors. You may not use them without the prior written consent of Nono By Vivi. The Shopify name, logo, product and service names, designs, and slogans are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the registered trademarks of their respective owners.


10. Use of the site

You agree to use our site only in a legal and respectful manner.

It is forbidden:

  • to use our site for fraudulent purposes;
  • to attempt to damage its operation;
  • to copy or exploit our content without permission;
  • to use our creations for commercial purposes without prior agreement.


11. Customer reviews and content

If you share an opinion, a photo or a comment about our products, you retain ownership of your content.

By posting content about us, you authorize us to share it as part of Nono by Vivi's communication, including on our website or social media.

We reserve the right to remove any content that is illegal, offensive, or contrary to our values.


12 . Services and external links

Our store may contain links to third-party services or websites.

These sites have their own terms of use and privacy policies. Nono by Vivi cannot be held responsible for the content or operation of external services that we do not control.


13. Protection of personal data

The personal information collected during your use of our store is processed in accordance with our Privacy Policy. https://nonobyvivi.com/policies/privacy-policy

This data is used in particular for:

  • process your orders;
  • to ensure their delivery;
  • to communicate with you regarding your purchase;
  • to improve our services.
  • to send you commercial communications, news, updates or offers when you have opted in to receive them or when permitted by applicable law.

You can unsubscribe from marketing communications at any time by using the unsubscribe link in our messages or by contacting us directly.


14. Limitation of Liability

We make every effort to ensure that the information on our store is accurate and up-to-date.

However, we cannot guarantee that the site will be accessible without interruption or error-free.

Nono by Vivi cannot be held responsible for any damages resulting from:

  • from misuse of the products;
  • incorrect information provided by the client;
  • of events beyond our control.

The products must be used and maintained according to the recommendations provided. Natural variations due to use, washing, time, or maintenance conditions do not constitute a manufacturing defect.

These limitations apply to the extent permitted by applicable law.


15. Modification of conditions

We reserve the right to modify these Terms of Service at any time.

The applicable version is the one published on our site at the time you use the services or place your order.

16. Applicable Law

These General Terms and Conditions are governed by the law applicable at the registered office of Nono by Vivi.

However, consumers benefit from the mandatory provisions applicable to them in their country of residence when these cannot be excluded by contract.

17. Optional Tools

You may be required to use client tools offered by third parties as part of the Services, tools which we do not monitor and over which we have no control or ability to contribute.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without our endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.

The use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms and conditions applicable to these tools, as defined by the relevant third-party provider(s).

We may also offer new features through the Services in the future (including the provision of new tools and resources). These new features will be considered an integral part of the Services and will be subject to these Terms of Use.


18. Links to third parties

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party documents or websites you choose to access. If you decide to leave the Services to access such third-party documents or websites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites, or the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.


19. Relationship with Shopify

Nono By Vivi is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is made directly with Nono By Vivi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nono By Vivi, including any damages, injury, or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchase and transaction with Nono By Vivi.


20. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be found here: https://nonobyvivi.com/policies/privacy-policy

Certain personal information may also be subject to Shopify's Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries different from your country of residence, in order to provide the Services to you. See our Privacy Policy at https://nonobyvivi.com/policies/privacy-policy for more details on how we, Shopify, and our partners use your personal information.


21. Lessons learned

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, opinions, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes upon any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon any third-party rights, including copyrights, trademarks, data protection rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, illegal, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website. You are prohibited from using a falsified email address, impersonating another person, or misleading us or any third party as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for any Feedback published by you or any third party.


22. Errors, inaccuracies and omissions

The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including information relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if the information is inaccurate, at any time without prior notice (including after you have submitted your order).


23. Prohibited Uses

You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local law, regulation, rule, or law; (c) in any way that infringes upon the intellectual property rights of Nono By Vivi, Shopify, or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person; (e) to transmit any false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the sending of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that may restrict or interfere with any other person's use or enjoyment of the Services, or that, in our opinion, may harm Nono By Vivi, Shopify, users of the Services, or expose them to any liability.

Furthermore, you agree not to: (a) upload or transmit any viruses or other malicious code that may affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting practices through the Services; (e) use any robots, spiders, scraping, data gathering, or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable any security or authorization features, robots exclusion headers, or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any of the provisions of these Terms.


24. Agents

24.1 This section (“Agent Conditions”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that operates autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that can be run on a device owned or used by that person without direct supervision.

24.2 No Agent may access, use, or interact with the Services unless they continuously identify themselves and operate in strict compliance with the conditions set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have instructed that Agent to refrain from accessing, using, or interacting with any Service.

24.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.

24.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) circumventing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) truthfully respond to any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or evade any measures designed to block, limit, modify, or control Agents' access, use, or interactions with the Services.


25. Termination

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following articles will remain applicable after any termination: Intellectual Property, Feedback, Termination, Exclusion of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it must survive termination.


26. Exclusion of warranties

The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and warranties for any consequences arising from the use of this information by you, any other visitor to the Services, or anyone who becomes aware of its content.

UNLESS EXPRESSLY STATED BY Nono By Vivi, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF RIGHTS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.


27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Nono By Vivi, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING THE NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.


28. Compensation

You agree to indemnify, defend and hold harmless Nono By Vivi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities or claims, including reasonable attorneys' fees, due to any third party and arising out of (1) your breach of these Terms of Use or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this warranty, provided that a failure to notify you promptly does not relieve you of your obligations unless you suffer substantial harm. We may defend and settle any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably refuse). You will cooperate in the defense of claims covered by this warranty, including by providing relevant documentation.


29. Divisibility

If any provision of these Terms of Use is deemed illegal, void, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. Such a determination will not affect the validity or enforceability of any other remaining provisions.


30. Waiver; full agreement

The failure to exercise or require the exercise of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use, together with any policies or rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.


31. Assignment

You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized attempt to assign will be void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.


32. Applicable Law

These Terms of Use, as well as any separate agreement whereby we provide you with the Services, will be governed by and construed in accordance with federal and state laws and the laws of the courts of the jurisdiction where Nono By Vivi has its registered office. You and Nono By Vivi expressly consent to the territorial and personal jurisdiction of such courts.


33. Titles

The headings used in this agreement are inserted for convenience only and will not affect or limit the interpretation of these Terms.


34. Changes to the terms of use

You can view the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes.


35. Contact

For any questions regarding these Terms and Conditions or your order, you can contact us:

Email: contact@nonobyvivi.com