Terms of Service

OVERVIEW

This website is operated by Nova Pegasus Enterprises Inc., under our premier sports gear brand, Caello Sports. Throughout the site, the terms “we”, “us”, and “our” refer to Nova Pegasus Enterprises Inc., specifically representing the Caello Sports brand. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” under the Caello Sports brand and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store, specifically under the Caello Sports brand, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store, representing Caello Sports, is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our sports gear products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

One-Year Limited Warranty: We offer a one-year warranty from the date of purchase, covering defects in materials and workmanship under normal use and conditions. This warranty does not cover damages resulting from misuse, abuse, accidents, or alterations. To make a warranty claim, contact us at support@caello.com with proof of purchase and a description of the issue.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 6 - CUSTOMIZATION AND PERSONALIZATION

Customization Services: At Caello Sports, a brand of Nova Pegasus Enterprises Inc., we offer customization services for our sports gear products. This allows customers to personalize products to their specific preferences.

Production and Delivery: Customized products require approximately 60 days for manufacturing and delivery. The production timeline begins once the order is confirmed and all necessary details for customization are received.

Minimum Order Quantity (MOQ): Customization services are subject to a minimum order quantity, which varies depending on the product and type of customization requested. Customers are advised to inquire about the MOQ for their desired product customization before placing an order.

Pricing: Customized products are offered without additional customization costs, beyond the standard product price. However, customers are responsible for adhering to the MOQ requirements as specified for each product.

No Returns or Exchanges: Due to the personalized nature of customized products, we do not accept returns or exchanges for these items. This does not affect your rights under our warranty policy. In the case of defects or issues covered by our warranty, we will honor replacements under the warranty terms provided.

Warranty for Customized Products: Customized products are still covered under our standard One-Year Limited Warranty, which includes defects in materials and workmanship under normal use and conditions. For warranty claims on customized products, the same process applies as detailed in our warranty section.

Please review your customization choices carefully before placing an order, as all sales of customized products are final.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - INTELLECTUAL PROPERTY RIGHTS

Trademarks and Branding: The brand name "Caello Sports," associated logos, and other marks used on our website are trademarks owned by Nova Pegasus Enterprises Inc. or its affiliated companies. These trademarks and related proprietary property are protected under national and international laws and cannot be used without our express prior written consent.

Protection of Unique Designs: Our sports gear products feature unique designs that are proprietary to Nova Pegasus Enterprises Inc. These designs are protected by intellectual property laws. Copying, replicating, or imitating these designs is strictly prohibited.

Guidelines for Intellectual Property Usage: Non-Commercial Use: You may not use any trademarks, logos, or designs of Caello Sports for commercial purposes without obtaining a license or express written permission from Nova Pegasus Enterprises Inc.

No Modification: Modifying, altering, or using our intellectual property in a way that misrepresents or devalues the brand is strictly prohibited.

Attribution: When using our trademarks or designs in an authorized manner, proper attribution to Caello Sports should be given.

Respect for Third-Party Rights: Users must ensure that their use of our intellectual property does not infringe upon the rights of any third party or violate any applicable laws.

Enforcement of Intellectual Property Rights: Nova Pegasus Enterprises Inc. actively monitors and enforces its intellectual property rights. Any unauthorized use of our intellectual property may result in legal action, including but not limited to, civil and criminal penalties.

SECTION 15 - MANUFACTURING AND SUPPLY CHAIN TRANSPARENCY

Ethical Manufacturing Practices: At Caello Sports, a brand of Nova Pegasus Enterprises Inc., we are committed to upholding the highest standards of ethical manufacturing. This includes:

  • Ensuring fair labour practices and safe working conditions throughout our manufacturing processes.

  • Continuously striving to improve our environmental impact by implementing sustainable practices in production.

  • Regularly auditing our facilities to maintain these standards.

Sustainable Material Sourcing: We are dedicated to responsibly sourcing materials for our sports gear products. This involves:

  • Selecting suppliers who share our commitment to environmental sustainability and ethical labour practices.

  • Utilizing materials that reduce our ecological footprint where possible.

  • Ensuring transparency in our material sourcing to provide customers with confidence in the products they purchase.

Supply Chain Transparency: Nova Pegasus Enterprises Inc. believes in complete transparency in its supply chain. We:

  • Regularly review and disclose information about our supply chain partners.

  • Ensure that all partners comply with our ethical and environmental standards.

  • Aim to build a supply chain that is not only efficient but also socially and environmentally responsible.

Continuous Improvement: We are committed to continuous improvement in our manufacturing and supply chain processes. We:

  • Actively seek feedback and conduct regular reviews to identify areas for improvement.

  • Stay updated with the latest industry standards and practices to enhance our sustainability and ethical commitments.

  • Engage with stakeholders, including customers, suppliers, and industry experts, to drive positive change in our operations.

SECTION 16 - ENVIRONMENTAL POLICIES AND SUSTAINABILITY

Commitment to Sustainability: At Caello Sports, a brand of Nova Pegasus Enterprises Inc., we are deeply committed to protecting the environment and promoting sustainable practices in all aspects of our business. This commitment extends to our manufacturing processes, the materials we use, and our overall operational footprint.

Eco-Friendly Manufacturing: We strive to incorporate sustainable practices in our manufacturing processes. Efforts are made to minimize waste, reduce energy consumption, and limit our environmental impact. We continuously explore and implement methods to improve the eco-efficiency of our production.

Sustainable Materials: Our products are designed with sustainability in mind, utilizing environmentally friendly materials without compromising quality. We prioritize the use of recycled or renewable materials wherever feasible.

Packaging Material: We use packaging materials that are recyclable and made from recycled content. Our packaging design focuses on minimizing waste while ensuring product protection.

Green Shipping Practices: We adopt shipping methods that reduce environmental impact. This includes optimizing delivery routes for efficiency and collaborating with shipping partners who share our commitment to sustainability. We continuously seek to improve our logistics to further reduce our carbon footprint.

Continuous Improvement: We are committed to ongoing improvement and regularly review our practices to identify areas for further environmental enhancement.

We welcome feedback from our customers and stakeholders on ways to improve our sustainability efforts.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nova Pegasus Enterprises Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 - DISPUTE RESOLUTION IN MANUFACTURING

Commitment to Customer Satisfaction: At Caello Sports, a brand of Nova Pegasus Enterprises Inc., we are dedicated to ensuring the highest quality in our manufacturing and are committed to customer satisfaction. If there are any concerns about the quality or specifications of our products, we encourage customers to contact our customer service team for resolution.

Initial Resolution Process: Customers are encouraged to contact our customer service team directly with any concerns regarding manufacturing quality or product specifications. Upon receiving a complaint, our team will investigate the issue and work collaboratively with the customer to find a satisfactory resolution.

Escalation and Mediation: In cases where an issue cannot be resolved through initial customer service contact, the matter may be escalated to a higher level within our customer service department for further review. We strive to mediate and resolve disputes amicably, prioritizing the customer's experience and satisfaction.

Limitation on Formal Dispute Proceedings: We believe that most disputes can be resolved through our customer service and mediation process. Therefore, we encourage this as the primary method for dispute resolution. Formal legal proceedings should be considered a last resort and are not the preferred method for resolving disputes related to our manufacturing processes or product quality.

Feedback and Continuous Improvement: Customer feedback, including concerns and disputes, is an essential part of our continuous improvement process. We use this feedback to enhance our manufacturing practices and customer service protocols. We are committed to learning from our customers’ experiences to prevent future disputes and improve overall product quality.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nova Pegasus Enterprises Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed following the laws of Canada.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@novapegasus.com.

Last updated: January 17, 2024