Privacy policy

TERMS OF SERVICE

OVERVIEW

Welcome to Nocturne House. The terms “we,” “us,” and “our” refer to Nocturne House. Nocturne House operates this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (collectively, the “Services”). Nocturne House is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

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

By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy, available at:

https://nocturnehouse.shop/policies/privacy-policy

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

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, territory, or country of residence. If you permit a minor dependent to use the Services through a device or account you own or manage, you accept responsibility for that use to the extent permitted by applicable law.

To access certain parts of the Services or purchase products, you may be required to provide information such as your name, email address, billing details, payment information, telephone number, and shipping address. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person without our written permission.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately. However, product colors and appearance may vary depending on your screen, device, lighting, and display settings.

Product images are illustrative. Minor differences in color, texture, packaging, labeling, measurements, or appearance may occur where permitted by law.

We do not guarantee that a product’s appearance will exactly match its online depiction or that every product will meet personal preferences or expectations. Nothing in this section limits rights or remedies that cannot legally be excluded.

Product descriptions, availability, pricing, and specifications may be changed without notice. We may discontinue a product or limit the quantities available to a person, household, geographic region, or jurisdiction, subject to applicable law.

Products sold for relaxation, wellness, skincare, or self-care are not intended to diagnose, treat, cure, or prevent any disease. Information provided through the Services is for general informational purposes and is not a substitute for professional medical advice. Customers should review product ingredients and instructions and discontinue use if irritation or an adverse reaction occurs.

SECTION 3 — ORDERS

Submitting an order constitutes an offer to purchase. We may accept or decline an order where permitted by law, including because of product unavailability, pricing or listing errors, suspected fraud, payment failure, shipping restrictions, or unusually large quantities.

An order is not accepted until we confirm acceptance and successfully process the required payment. An automated order acknowledgement does not necessarily constitute final acceptance.

Please review your order carefully before submitting it. We may be unable to change or cancel an order after it has entered processing or fulfillment. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, telephone number, or other contact information supplied with the order. If payment has already been collected for a cancelled order, we will issue an appropriate refund.

Returns, refunds, and exchanges are governed by our Refund Policy:

https://nocturnehouse.shop/policies/refund-policy

You represent that purchases are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES, DISCOUNTS, TAXES, AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at checkout when the order is submitted, subject to correction of genuine errors and applicable law.

Unless expressly stated otherwise, displayed product prices may exclude shipping, handling, taxes, customs duties, import charges, currency-conversion charges, and other fees. Any additional charges collected by us will be displayed during checkout when reasonably possible. Customers may remain responsible for customs duties, import taxes, or carrier charges collected by third parties.

Prices shown in one currency may be converted based on exchange rates and may differ slightly from final amounts charged by a payment provider.

Promotions may be subject to separate conditions. If promotion-specific conditions conflict with these Terms, the promotion-specific conditions will govern that promotion.

You agree to provide accurate and complete purchasing, billing, payment, and account information and to update it when necessary.

By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment providers to charge the total shown at checkout.

Discount codes:

must be entered before an order is completed;
may be limited by date, product, collection, country, customer, or minimum purchase;
cannot be exchanged for cash;
may not be combined unless expressly permitted; and
cannot normally be applied retroactively to a completed order.

SECTION 5 — SHIPPING AND DELIVERY

Shipping options, costs, and estimated delivery times are displayed during checkout when available. Delivery dates are estimates and are not guaranteed unless expressly stated otherwise.

Orders may be delayed by carriers, customs authorities, adverse weather, peak-season volume, inaccurate delivery information, public emergencies, or other circumstances outside our reasonable control.

Customers are responsible for supplying a complete and accurate delivery address. Additional costs caused by an incorrect or incomplete address, an unclaimed shipment, or an unauthorized refusal of delivery may be deducted from a refund where permitted by law.

Ownership and risk of loss transfer in accordance with applicable consumer law. Nothing in these Terms transfers risk to a customer earlier than permitted by law.

Additional shipping information may be available in our Shipping Policy:

https://nocturnehouse.shop/policies/shipping-policy

SECTION 6 — INTELLECTUAL PROPERTY

The Services—including trademarks, brand elements, text, graphics, photographs, videos, audio, designs, layouts, and other content—are owned by or licensed to Nocturne House, Shopify, or their respective rights holders and are protected by applicable intellectual-property laws.

You may use the Services only for lawful, personal, and non-commercial purposes. Unless expressly permitted by us or applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or commercially exploit content from the Services.

No license or ownership right is granted except as expressly stated in these Terms.

The Nocturne House name, logo, product names, designs, and slogans are trademarks or brand assets belonging to Nocturne House or its licensors. Shopify’s names, logos, and other brand assets belong to Shopify or its licensors. Other trademarks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, integrations, or services operated by third parties. We may not monitor or control these third-party tools.

To the extent permitted by law, access to optional third-party tools is provided “as is” and “as available,” without endorsement or additional warranty from us. Your use of those tools is at your discretion and may be subject to the third party’s own terms and privacy policy.

We may introduce new features, tools, or resources. Unless stated otherwise, they will form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS AND SERVICES

The Services may contain links to or integrations with third-party websites, platforms, payment providers, carriers, or services.

We are not responsible for evaluating or guaranteeing the accuracy, availability, security, or practices of independent third parties. If you access a third-party website or service, you do so subject to that third party’s terms and policies.

To the extent permitted by law, we are not responsible for losses caused solely by an independent third party outside our reasonable control. Nothing in this section excludes responsibility that cannot legally be excluded.

Questions or claims concerning a third party’s independent products or services should ordinarily be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Nocturne House is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are transactions directly between you and Nocturne House.

By using the Services, you acknowledge that Shopify is not the seller of products purchased from Nocturne House and is not responsible for our fulfillment, product quality, customer service, refunds, or other obligations as the merchant.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from purchases and transactions between you and Nocturne House. Nothing in this section limits rights that cannot legally be waived.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy:

https://nocturnehouse.shop/policies/privacy-policy

Certain personal information is also processed by Shopify in accordance with Shopify’s privacy practices:

https://www.shopify.com/legal/privacy

Because Shopify hosts and supports the Services, Shopify may process information relating to your access, use, purchases, and interactions. Information may also be shared with payment providers, carriers, analytics providers, customer-service providers, and other service providers where necessary to operate the store.

Information may be processed in countries other than your country of residence, subject to applicable legal safeguards. Please review our Privacy Policy for more information.

SECTION 11 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you voluntarily submit reviews, photographs, suggestions, ideas, feedback, proposals, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, translate, distribute, and display that Feedback for operating, improving, and promoting the Services, subject to applicable privacy and consumer-protection laws.

This license does not transfer ownership of your Feedback to us.

You represent that:

you own or have permission to submit the Feedback;
your Feedback is accurate and not misleading;
you have disclosed any compensation or incentive associated with it; and
it does not violate any law or another person’s intellectual-property, privacy, publicity, or other rights.

We may moderate or remove Feedback that is unlawful, fraudulent, abusive, obscene, misleading, defamatory, infringing, or otherwise inconsistent with these Terms.

We are not obligated to keep unsolicited Feedback confidential, provide compensation for it, or respond to it.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping costs, delivery estimates, inventory, or availability.

We may correct genuine errors, update information, or cancel affected orders where permitted by law. If we cancel an order after payment because of an error, we will refund the affected amount.

Nothing in this section permits misleading pricing or removes consumer rights under applicable law.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services to:

violate applicable laws or regulations;
infringe intellectual-property, privacy, publicity, or other rights;
harass, threaten, abuse, defame, or harm another person;
submit false, fraudulent, or misleading information;
transmit malware, harmful code, or destructive material;
distribute unauthorized advertising, spam, phishing messages, or similar solicitations;
impersonate another person or misrepresent your identity or authority;
collect personal information without authorization;
interfere with the operation or security of the Services;
bypass access controls, rate limits, security protections, or robot-exclusion measures;
scrape, extract, copy, or commercially exploit the Services without authorization; or
use the Services in a way that could harm Nocturne House, Shopify, our customers, or another party.

We may restrict, suspend, or terminate access if we reasonably believe these Terms have been violated, subject to applicable law.

SECTION 14 — AUTOMATED AGENTS

This section applies to autonomous or semi-autonomous software that accesses or interacts with the Services on behalf of a person or organization (“Agent”).

Agents must comply with applicable laws, these Terms, published technical instructions, and access restrictions. Agents must not conceal their automated nature, circumvent CAPTCHAs or access controls, misrepresent themselves as human, or continue accessing the Services after being instructed to stop.

Where technically applicable, an Agent should identify itself accurately through its user-agent string, for example:

“Agent/ExampleAgentName”

We may use reasonable technical measures to control, limit, or block automated access.

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services if you materially breach these Terms, engage in fraudulent or unlawful conduct, threaten the security or operation of the Services, or where suspension is otherwise permitted by law.

You remain responsible for valid amounts incurred before termination.

Provisions that by their nature should continue after termination—including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy—will survive termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes. Although we make reasonable efforts to keep information accurate, we do not guarantee that all information will always be complete, current, or error-free.

To the fullest extent permitted by law, the Services and products are provided “as is” and “as available,” except for express product commitments and warranties required by law. We disclaim implied warranties to the extent they may legally be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law. Nothing in these Terms excludes statutory guarantees or consumer rights that cannot legally be excluded.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Nocturne House and its directors, employees, affiliates, contractors, agents, licensors, and service providers will not be liable for indirect, incidental, special, punitive, or consequential losses, including lost profits, lost revenue, lost savings, lost data, or replacement costs arising from the Services or products.

This limitation does not apply to liability that cannot legally be limited or excluded, including liability arising from fraud, fraudulent misrepresentation, willful misconduct, gross negligence where applicable, death or personal injury caused by negligence where such liability cannot be excluded, or mandatory consumer rights.

Where liability may lawfully be limited but not excluded, our aggregate liability relating to a purchase will not exceed the amount paid for the product or order giving rise to the claim, except where applicable law requires otherwise.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Nocturne House, Shopify, and their respective affiliates, directors, officers, employees, contractors, licensors, service providers, and agents from third-party claims, losses, and reasonable legal expenses arising from:

your material breach of these Terms;
your unlawful use of the Services; or
your violation of another party’s rights.

This obligation will not apply to the extent a claim was caused by the negligence, unlawful conduct, or breach of Nocturne House, Shopify, or their respective representatives.

We will provide reasonable notice of an indemnified claim and allow reasonable participation in its defense. No settlement imposing a non-monetary obligation on you will be entered without your reasonable consent.

SECTION 19 — SEVERABILITY

If any part of these Terms is determined to be unlawful, invalid, or unenforceable, that part will be enforced to the maximum extent permitted or severed where necessary. The remaining provisions will continue in effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

A failure or delay in exercising a right under these Terms does not waive that right.

These Terms and the policies incorporated by reference constitute the agreement between you and Nocturne House concerning the Services and supersede prior communications relating to the same subject matter.

Any ambiguity will be interpreted in accordance with applicable law and will not automatically be construed in favor of either party.

SECTION 21 — ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent, except where applicable law permits otherwise.

We may transfer our rights and obligations as part of a merger, acquisition, corporate reorganization, sale of assets, or transfer of the business, provided that doing so does not unlawfully reduce your rights.

SECTION 22 — GOVERNING LAW AND DISPUTES

These Terms are governed by the laws applicable in the jurisdiction where Nocturne House is legally established, without regard to conflict-of-law principles.

Any dispute will be handled by courts with lawful jurisdiction over Nocturne House and the dispute. However, consumers retain the benefit of mandatory protections and the right to bring a claim in any court or forum available under the laws of their place of residence.

Nothing in this section restricts rights or dispute-resolution options that cannot legally be restricted.

SECTION 23 — HEADINGS

Section headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update these Terms by posting a revised version through the Services. Where required by law, we will provide reasonable notice of material changes. Changes will take effect on the date stated in the notice or, if no date is stated, when posted.

Continued use of the Services after an update constitutes acceptance only to the extent permitted by applicable law.