NOYA — Terms of Service

Effective date: 24 Oct 2025
Merchant of Record (current pilot phase): Alexandru Droscariu, Switzerland, trading as “NOYA”.
Planned transition: On incorporation, SwissPeak Athletics [GmbH/AG] will become Merchant of Record; these Terms will update accordingly.
Contact: alex@noya.fit · Kollerweg 7, 3006 Bern, CH · +41 76 814 48 75

Overview

Welcome to NOYA. “We”, “us”, and “our” refer to NOYA. We operate this website and store (the Services) to offer you a curated shopping experience. The Services are powered by Shopify.

By visiting or using the Services you agree to these Terms of Service (Terms) and our Privacy Policy ([link]). If you don’t agree, please don’t use the Services.

Pilot / Pre-order notice. During our launch phase some products are offered as pre-orders with estimated delivery windows. See Section 3 (Orders) and Section 5 (Shipping & Delivery).

1) Access & Accounts

You confirm you’re the age of majority in your jurisdiction (or have guardian consent for minors using devices you own/manage). You may be asked for email, billing, payment and shipping details; you warrant they’re accurate and that you’re authorized to use them. Keep your credentials secure; you’re responsible for activity under your account. No transfer or licensing of accounts.

2) Our Products

We strive for accurate presentation, but colors/appearance can vary by device settings. We don’t warrant that products will meet your expectations or perfectly match on-screen renderings. Descriptions may change without notice; we may limit quantities or discontinue products anytime.

3) Orders (incl. Pre-orders)

Placing an order is an offer to buy. We accept at our discretion after successful payment authorization; if we decline or change an order, we’ll notify you via your provided contact details and refund as applicable.

• Pre-orders. We’ll publish an estimated shipping window at checkout and by email. Dates are estimates and may shift due to production or logistics.
• Cancellations. You can request cancellation before dispatch; we’ll try to accommodate but can’t guarantee once processing begins.
• Consumer withdrawal rights. If you’re in the EEA/UK/Switzerland, your statutory withdrawal/return rights apply in addition to our Refund Policy (link). See policy for instructions and timeframes.

You represent purchases are for personal/household use, not resale or export.

4) Prices, Taxes & Billing

Prices, promotions, and discounts may change without notice. The price at checkout is the price that applies.

• Taxes/VAT. During pilot, prices may be shown exclusive of VAT; any VAT, sales tax, customs or import charges will be shown or collected at checkout where applicable. Once our VAT registration(s) go live (e.g., CH VAT no.: [ ] / BE VAT no.: [ ]), we’ll display tax-inclusive pricing where required.
• Invoicing. Invoices are issued by the current Merchant of Record stated above.
• You agree to keep payment details current and warrant you’re authorized to use the selected method. You agree to pay all amounts due including shipping/handling and applicable taxes.

5) Shipping & Delivery

We ship to the countries listed at checkout.

• Risk & title. For EEA/UK/Swiss consumers, risk and title transfer when you physically receive the goods. For other destinations (B2C outside these regions), risk may transfer to you upon delivery to the carrier, except where local law requires otherwise.
• Timelines. Delivery windows are estimates. We’re not liable for delays caused by carriers, customs, or events outside our control, but we’ll keep you informed and offer remedies required by law (e.g., refund if performance becomes impossible).
• Duties/fees. Any import duties, taxes, or fees not collected at checkout are your responsibility.

6) Intellectual Property

All content, designs, product forms, packaging, text, graphics, images, audio/video, and layout are owned by NOYA or its licensors and are protected by Swiss and international IP laws. Applications for the NOYA marks and logo may be pending in Switzerland/China; all associated rights are reserved.

Personal, non-commercial use only. No reproduction, modification, or derivative works without written permission. NOYA names, logos, product names, designs, and slogans are trademarks or pending trademarks of NOYA. Shopify and related marks are trademarks of Shopify Inc. Other names/logos are their owners’ property.

7) Optional Tools

Third-party tools or features may be provided “as is” without warranties or endorsements. Use them at your discretion under the third party’s terms.

8) Third-party Links

Links to third-party sites are for convenience. We don’t control or endorse their content, and aren’t liable for transactions or content there. Review third-party terms and policies before engaging.

9) Relationship with Shopify

NOYA uses Shopify to host and enable the Services, but your purchases are with NOYA, not Shopify. You release Shopify and its affiliates from claims arising from your transactions with NOYA.

10) Privacy

Your personal data is handled per our Privacy Policy (link) and certain processing by Shopify per Shopify’s Privacy Policy. Data may be transferred internationally to provide the Services.

11) Feedback

If you submit reviews, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use and display it. You warrant you own the rights, disclose any incentives, and that your Feedback complies with these Terms. We may moderate or remove unlawful or abusive content.

12) Errors & Corrections

We may correct errors or update information (including pricing/availability) at any time, including after an order is submitted, where permitted by law. If a correction affects your order, we’ll notify you and offer appropriate options.

13) Prohibited Uses

Don’t misuse the Services (e.g., illegal activity, IP infringement, harassment, malware, scraping, bypassing security, impersonation, spam). We may suspend or terminate access for violations.

14) Termination

We may suspend or terminate the Services or your access at any time. Sections that by nature survive (e.g., IP, Feedback, Disclaimers, Liability, Indemnity, Governing Law) continue after termination.

15) Disclaimers

Except as expressly stated by NOYA or required by law, the Services and products are provided “as is” and “as available” without warranties (express or implied) including merchantability, fitness, and non-infringement. Some jurisdictions don’t allow certain disclaimers; your statutory rights are unaffected.

16) Limitation of Liability

To the maximum extent permitted by law, NOYA and its personnel, partners, suppliers, and service providers are not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, revenue, data, or replacement costs) arising from use of the Services or products. Nothing limits liability that cannot be limited by law (e.g., death/personal injury caused by negligence, fraud). Your mandatory consumer rights remain intact.

17) Indemnification

You agree to defend, indemnify, and hold harmless NOYA, Shopify, and our affiliates, officers, employees, and agents from third-party claims arising from your breach of these Terms or violation of law/rights of others.

18) Severability

If any provision is unlawful or unenforceable, it’s enforced to the maximum extent possible and the remainder stays effective.

19) Waiver & Entire Agreement

Failure to enforce a provision isn’t a waiver. These Terms plus policies referenced here are the entire agreement regarding the Services, superseding prior versions.

20) Assignment

You can’t assign these Terms without our written consent. We may assign or transfer them without notice.

21) Governing Law & Jurisdiction

These Terms are governed by Swiss law, without regard to conflict rules. Exclusive jurisdiction lies with the courts of [Canton: Bern or Zug], except that EEA/UK/Swiss consumers may bring claims in their country of residence where required by mandatory consumer law, and such mandatory protections prevail.

22) Headings

Headings are for convenience only.

23) Changes to Terms

We may update these Terms by posting a new version with the “Effective date” above. Material changes will be notified per applicable law. Continued use after changes means you accept the new Terms.

24) Contact

Questions? alex@noya.fit
Address: Kollerweg 7, 3006 Bern, Switzerland
Phone: +41 76 814 48 75