Terms & Conditions

 

  1. INTRODUCTION

 

1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the www.nobelexpress.com website, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and Nobel Express Ltd (the “User Agreement” or the “Agreement”).

 

1.2 Nobel Express Ltd (Nobel) is a limited liability company duly registered and incorporated in Malta with registration number C 93307 and registered address 68 Northfields Penthouse 9, Independence Avenue, Mosta MST 9026 Malta which provides the Service to its registered users as set forth below. Nobel makes no claims that the Content (see Section 2.1) is appropriate or that it may be downloaded or used outside of Europe. Access to the Content or Product (see Section 2.3) may not be legal by certain persons or in certain countries. If you access the Site from outside Europe, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

1.3 This website is provided to you by Nobel Express Limited. By using this website, you agree to the following Terms and Conditions. Please review this information often, as it may change at any time, without notice.

 

1.4 Nobel may discontinue, change, or suspend any aspect of the site at any time. Nobel may change, discontinue, or suspend the availability of any Database, Content, Feature or Product of the Site. Nobel may impose limits on features, including services, use, or restrict your access to parts or all of the Site without notice or liability.

 

1.5 The prices displayed on this website and all affiliated websites are quoted in EUR and/or GBP. By continuing the transaction and placing an order you are agreeing with the price and all applicable fees.

 

 

  1. NOBEL CONTENT & PRODUCT

 

2.1 The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code)  also known as the "Content", are protected by copyright and owned or controlled by Nobel or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.

 

2.2 Nobel does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.

 

2.3 The site and its Content are protected by copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo-reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.5 of this Agreement), create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product (Product includes, but is not limited to, food) or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of Nobel, except that you may reproduce as provided herein.

 

2.4 Content or Product is subject to change without notice at the sole discretion of Nobel. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.

 

2.5 You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product.

Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.

 

 

  1. COPYRIGHTS AND TRADEMARKS

 

3.1 Copyright Notice

 

All rights reserved. All material on this site is owned by Nobel, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is strictly prohibited.

 

3.2 Trademarks

 

The names of companies and products mentioned and contained on the Site may be the trademarks of their respective owners.

 

 

  1. IDEA SUBMISSIONS

 

Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.

 

 

  1. REPRESENTATIONS AND WARRANTIES

 

5.1 You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.

 

5.2 USE OF THIS SITE IS AT YOUR SOLE RISK. NOBEL DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK.

 

5.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NOBEL AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. NOBEL AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRSENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.

 

5.4 NOBEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABILE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTIAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOBEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLSUIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

 

 

    6. LIABILITY

6.1 Unauthorized Transactions

 We may be liable to You where We perform a transaction for You that You did not authorize Us to perform. In this case We will refund the transaction amount to You promptly, but at the latest by the end of the next Business Day following Your notification. We shall also have no claim against You for reimbursement of Our expenses.

 

In case there are reasonable indications of a fraudulent activity by You, or that You have (with intent or gross negligence) failed to take care of your security procedures or failed to notify us without delay after becoming aware of the loss, theft of unauthorized use of your security procedures, Our obligation to refund You will be suspended, pending further investigation, and such investigation will be undertaken promptly.

 

You will be liable up to the maximum amount of EUR 50 for losses that:

  1. result from unauthorized transactions resulting from the use of lost, stolen or otherwise missing Transaction Data; or
  2. result from Your misuse of Transaction Data.

 

You will not be liable if it was not possible for You to detect such loss, theft or misuse of the Transaction Data or if the loss of the Transaction Data was caused by an employee or vicarious agent acting on Our behalf, or another external service provider we have appointed.

 

Your liability for losses arising from an unauthorized Transaction shall not be limited to a maximum amount of EUR 50 if You acted with fraudulent intent or contributed to the misuse of Transaction Data intentionally or through grossly negligent conduct. In these cases, You are liable for all losses caused by any unauthorized Transaction. Gross negligence in particular includes but is not limited to cases in which You do not promptly notify Us about a loss of Transaction Data or if You do not keep the Transaction Data safe or if You disclose it to third parties.

 

Unless You have acted with fraudulent intent, once You have notified us of the loss, theft, or misappropriation of Your Transaction Data, You will not be liable for any losses incurred in respect of any Payment Services incurred after receipt by us of Your notification.

 

6.2 Incorrectly executed or non-executed Transactions

 

We may be liable to You where We fail to perform or incorrectly perform a Transaction that You authorize Us to perform unless it was due to Your fault. Your fault includes, but is not limited to, the reasons listed in Section A “Unauthorized Transactions” above. This means that in the event of a non-executed or incorrectly executed Transaction we will refund the Transaction amount to You (to the extent the Transaction was not executed or it was incorrectly executed). You are entitled to claim a full refund to the extent that the amounts were charged or incurred in connection with an unexecuted or incorrectly executed Order.

 

 

Any liability We would otherwise owe to You is excluded if:
              a. we are able to show the Order was delivered            ;
              b. an Order shall be deemed to be correctly executed if we are able to show the Order has been executed in accordance with the information You provided to Us. If you have provided us with incorrect details for executing the Order, You may ask Us to assist You in recovering the money. We cannot guarantee such efforts will be successful. We reserve the right to charge You a fee to cover Our reasonable costs for doing this.

 

6.3 Limitations of Liability

 

Any liability We would otherwise owe to You is excluded if you do not let us know about an unauthorized or incorrectly fully executed Order within 7 working days after the date of delivery of the Order.

We will also have no liability if We fail to perform or incorrectly perform the Order where the reason for this was due to Events Outside Our Control or Our statutory obligations.

We do not assume liability for damage that is due to any unusual and unforeseeable events over which We have no control and whose consequences, in spite of exercising due care, Nobel could not have avoided (caused, for example by Events Outside Our Control, failure of telecommunication lines, civil unrest, war or other events such as industrial action or lockouts over which We have no control). This applies equally to cases in which Nobel is bound by any orders under Community legislation, national, court or administrative orders stating otherwise.

We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence; for fraud or fraudulent misrepresentation; or for breach of Your legal rights where it would be unlawful to exclude or limit such legal rights in relation to the Nobel Service.

 

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify and hold Nobel, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. Nobel will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.

 

 

  1. LINKS

 

Nobel is linked to by other Internet sites and resources. Nobel is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.

 

 

  1. PROTECTION OF ID AND PASSWORD

 

You are required to have a password and user ID to access portions of our Site.

 

9.1 Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.

 

9.2 You must notify Nobel at help@nobelexpress.com of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account.

 

9.3 You are responsible for any and all use and activity on your Nobel account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at Nobel's sole discretion, grounds for termination of your account. In certain circumstances, Nobel may refer you to appropriate law enforcement agencies.

 

 

  1. THE SERVICE

 

Nobel provides its registered users the possibility of placing order for Product delivery to beneficiaries in the Delivery Areas.

To use the Service, You must register on the Site, fill in our short online registration form and accept these Terms and Conditions.

By completing and consenting to the information required to place an order and by accepting these Terms and Conditions, You are instructing Nobel to execute a specific delivery. Every individual order constitutes a separate agreement between Nobel and You which is limited to the execution of a specific delivery. At no moment in time is a framework agreement concluded between You and Nobel which obligates Nobel to execute individual and subsequent deliveries. The Customer shall inform the Receiver/the Beneficiary of the order accordingly.

These services are directed to persons that are of eighteen (18) years of age or over and to persons that are residents and own a bank account in the European Economic Area [link to map].

To be able to make use of this Service, You will be required to provide information to Nobel. For complete material on how your information can and will be used by Nobel, please refer to Nobel’s Privacy Policy [link to policy].

 

The Products on the Site are subject to a summary presentation indicating main characteristics of the Products. The photos that accompany them have no contractual value.

 

Nobel reserves the right, in its sole discretion and without prior notice to:

  1. Reject to complete an Order at any point throughout the process;
  2. Request further information or documents from You to be able to complete an Order;
  3. Limit the Products contained within the Order;
  4. Delay the delivery;
  5. Reject to complete an Order should the bank where your bank account is held reject payment;
  6. Cancel an account where there is reasonable suspicion that user is under 18 years of age and/or a fraudulent user;
  7. Amend, improve, correct, delete or adapt any sections within its website;
  8. Change, limit, terminate, suspend, remove or cease to provide its service, whether permanently or temporarily;

 

Nobel can also, at sole discretion, take any required action as deemed fit in order to prevent any fraud and also in case of suspicious transactions.

 

This Service is for your personal use only.

 

Furthermore we do not assume liability for:

  • Malfunctions in communication facilities which cannot be reasonably considered to be under our control and that may affect the accuracy or timeliness of message you send to Us;
  • Any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control;
  • Viruses originating from third-parties or Your own personal devices;
  • Errors on the Site or with the Nobel Express service that are the result of incomplete or wrong information that You or a third-party provided;
  • Delays in the deliveries causes by incorrect contact information for the Receiver or in case the Receiver in not reachable;
  • Delays in the deliveries causes by the services contracted from third parties;
  • Force majeure; and
  • Regulatory limitation.

 

Nobel can charge a fee in return for the Services rendered to You. You agree to pay such fees per Order to Nobel. All fees will be displayed immediately, upon placing the Order. By placing the Order You are automatically authorizing the debiting of the whole amount of the Order, all fees and charges (including but not limited to the currency exchange rate as outlined within these Terms and Conditions), on your Card or bank account. By agreeing to these terms and conditions You are guaranteeing that You are the rightful owner of the Card or bank account. Nobel’s fees and charges are subject to change from time to time, which change can take place without any prior notice and at Nobel’s sole discretion.

 

 

  1. TERMINATION

 

11.1 You can terminate your account at any time. To terminate your account, send an e-mail to: help@nobelexpress.com.

 

10.2 Nobel may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination includes, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of Nobel and/or its Customers, Partners, Suppliers, or Affiliates, suspicion of fraud, lack of payment.

 

 

    12. DISPUTES AND GOVERNING LAW

These Terms of Use are made under the laws of Malta and it shall be governed and construed in accordance with Maltese law.

Any claims relating to these Terms of Use shall be subject to the non-exclusive jurisdiction of the Maltese Courts.

 

 

  1. REFUND POLICY

 

When you purchase products or services from the www.nobelexpress.com website, you will be entitled to the below refund policy.

 

13.1 PRICES OF PRODUCTS/SERVICES

 

Prices of products and/or services are subject to change without any prior notice and the changes will be enforced as soon as the new prices are updated on the website.

Refunds will be offered only for orders that have not been delivered. Partial refunds are not allowed. Refunds will be offered only on the initial payment instrument used for the order. Any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund.

 

 

    14. SECURITY

 

Nobel strives to provide the most secure environment possible for You. For this reason, Nobel takes a number of measures to ensure this secure environment.

As part of the registration process, You are asked to provide a username and password. It is strongly recommended that You change your password regularly. Your password must contain a minimum of eight (8) characters, one uppercase, one lowercase and a number.

Also, in the registration process you will receive an email for finalizing the registration process. Please follow instructions provided within.

 

    15. COMPLAINTS/ERRORS

 

If you have any complaints about us or our services, you may contact us here.

 

  1. SEVERABILITY

 

If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.

 

 

  1. WAIVER

 

No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.

 

 

  1. FORCE MAJEURE

 

Nobel is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to Nobel.

 

  1. MISCELLANEOUS

 

By agreeing to these terms, You acknowledge and consent to the following:

  • The information provided is true, accurate, current and complete;
  • You must share the transaction data (content of order, Your name, Your country, name of Receiver) with the Receiver only. You are obligated to ensure that no third party can gain unauthorized access to this information.
  • You shall not use the Nobel service for illegal or any Prohibited Purposes;
  • You are personally responsible for keeping Your password and Your username safe.
  • In the event of loss, theft, copy or the misuse of the transaction data You must immediately call the local police of your residential country and notify Us. Until the moment when Nobel has been notified You will be liable to Us for damage that is the result of the improper use of the data if You pass such information to any person other than the Receiver of the order or if You facilitate the improper use of the payment instrument with fraudulent intent or violate Your duty of care intentionally or with gross negligence.
  • You consent to and acknowledge that We may forward any particulars about You and about the services that We provided to You if necessary, to regulatory or government authorities or their bodies if we are obligated by law to do so; or we are of the opinion that such a disclosure may assist in the prevention of fraud, money laundering or other crimes. Further information on how Nobel handles your data can be found in our Privacy Policy [link to policy]
  • Furthermore, You are authorizing Nobel to process and correct any errors on your behalf upon your communication to Nobel via Live Chat, email and/or call.

 

The official language of these Terms of Use is the English language. Should there be any conflict or inconsistency between the English version and a version in any other language, the English language version shall prevail and will be binding. All communications we send you will be in English.

 

Our communication with You is normally conducted via the Internet and by e-mail. However, this has no effect on Your right to contact Us in any other form if circumstances require this.

 

 

 

  1. COMPLETE AGREEMENT

 

These provisions constitute the entire Agreement between you and Nobel with respect to the use of this Site, Content, or Product contained therein.

 

Nobel may immediately terminate any or all of Your rights to use this website at any time and for any reason.

 

Nobel reserves the right to change these Terms and Conditions from time to time, at its sole discretion and without prior notice, unless otherwise required by law. By continuing to use Nobel’s Service after any change, You agree to be bound by such changes as of the effective date of such changes. You may review these Terms and Conditions at any point in time by visiting link T&C. You may also print these Terms and Conditions for future reference.

 

NobelExpress is a division of NobelExpress Ltd. Copyright © 1998 - 2020, Nobel Express Ltd Address: 68 Northfields, Independence Avenue, Penthouse No. 9, Mosta, Malta, MST 9026