Terms of service

Terms of Service

Overview

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

These Terms of Service (“Terms”), together with the policies referenced below, describe your rights and responsibilities when using the Services.

Please read these Terms carefully. By accessing, browsing or using the Services, or by placing an order, you agree to these Terms and our Privacy Policy:

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

If you do not agree, you should not access or use the Services.

Nothing in these Terms excludes, restricts or modifies a consumer right or remedy that cannot legally be excluded, restricted or modified.

Section 1 — Eligibility and Accounts

By using the Services, 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 that you own or manage, you accept responsibility for that use to the extent permitted by law.

You may be required to provide information including your name, email address, telephone number, billing information, payment information 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 confidentiality of your account credentials and for activity conducted through your account. You may not sell, transfer, assign or license your account to another person without our written permission.

Section 2 — Products and Wellness Information

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

Minor variations in color, texture, packaging, labeling, measurements or appearance may occur where permitted by law.

Product images are illustrative and do not guarantee an exact visual match. Nothing in this section limits any rights relating to products that are defective, unsafe or materially different from their description.

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

Information relating to relaxation, sleep, skincare, beauty, aromatherapy or wellness is provided for general informational purposes only. Our products and content are not intended to diagnose, treat, cure or prevent any disease and are not substitutes for medical advice.

Customers are responsible for reviewing product ingredients, warnings and instructions before use. If you have allergies, sensitivities, a medical condition, are pregnant or are uncertain whether a product is appropriate for you, consult a qualified healthcare professional before use. Discontinue use and seek appropriate advice if irritation or an adverse reaction occurs.

Section 3 — Orders and Acceptance

Submitting an order constitutes an offer to purchase. An automated order acknowledgement does not necessarily mean that we have accepted the order.

An order is accepted after we successfully process payment and confirm acceptance or begin fulfillment.

We may decline, limit or cancel an order where permitted by law, including because of:

product unavailability;
a genuine pricing or listing error;
payment failure;
suspected fraud or unauthorized activity;
shipping or legal restrictions; or
quantities suggesting unauthorized commercial resale.

If we cancel an order after collecting payment, we will refund the affected amount to the original payment method.

Please review your order carefully before submitting it. Contact us immediately if you need to request a change or cancellation. We will try to assist, but cannot guarantee changes after an order enters processing or fulfillment.

Once an order ships, any eligible return must follow our Return and Refund Policy:

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

Our Return and Refund Policy provides a 14-day return-request window, subject to its eligibility conditions and mandatory consumer rights.

Purchases are intended for personal or household use and not for unauthorized commercial resale or export.

Section 4 — Prices, Discounts and Payment

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

Unless stated otherwise, product prices may exclude shipping, taxes, customs duties, import charges, currency-conversion charges and other third-party fees.

Prices displayed in different currencies may be converted using applicable exchange rates. The final amount charged by a bank or payment provider may vary because of its conversion rate or fees.

Promotions may have separate conditions. If promotion-specific conditions conflict with these Terms, the promotion-specific conditions govern that promotion.

Discount codes:

must be entered before checkout is completed;
may be restricted by date, product, collection, country, customer or minimum purchase;
cannot be exchanged for cash;
may not be combined unless expressly permitted; and
generally cannot be applied retroactively.

You agree to provide accurate and complete billing, payment and account information.

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 displayed at checkout.

Section 5 — Shipping and Delivery

Shipping methods, costs and estimated delivery times are displayed at checkout when available.

Delivery dates are estimates and are not guaranteed unless we expressly state otherwise. Delivery may be delayed by carriers, customs authorities, adverse weather, peak-season volume, inaccurate addresses, public emergencies or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address. Contact us immediately if you notice an error. We cannot guarantee address changes after processing begins.

Additional expenses caused by an incorrect address, an unclaimed parcel 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 legally permitted.

If an order is lost, damaged or incorrectly delivered, contact us at nocturnehouse.shop@gmail.com.

Section 6 — Returns and Refunds

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

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

The following principles apply:

eligible return requests must generally be made within 14 calendar days after delivery;
customers normally pay return shipping for voluntary change-of-mind returns;
Nocturne House covers reasonable return or replacement costs for damaged, defective or incorrect products where applicable;
opened or used hygiene-sensitive products may be ineligible for change-of-mind returns;
discounted products remain returnable when otherwise eligible unless clearly marked “Final Sale” before purchase; and
refunds are issued to the original payment method.

If these Terms and the Return and Refund Policy appear to conflict regarding a return or refund, the Return and Refund Policy will control, subject always to mandatory consumer law.

Section 7 — Intellectual Property

The Services—including trademarks, 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, sell, store or commercially exploit content from the Services.

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

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

Section 8 — Optional Tools

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

To the extent permitted by law, optional third-party tools are provided “as is” and “as available,” without additional warranties or endorsement from us.

Your use of a third-party tool may be governed by that provider’s terms and privacy policy.

New features, tools or resources introduced through the Services will form part of the Services and be subject to these Terms unless stated otherwise.

Section 9 — Third-Party Links and Services

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

We do not guarantee the accuracy, availability, security or practices of independent third parties. Access to third-party websites and services is subject to their own terms and policies.

To the extent permitted by law, we are not responsible for loss 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 relating to an independent third party’s products or services should ordinarily be directed to that third party.

Section 10 — Relationship With Shopify

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

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nocturne House, including injury, damage or loss resulting from products and services purchased from Nocturne House.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related solely to purchases and transactions with Nocturne House.

Section 11 — Privacy

Personal information collected through the Services is handled according to our Privacy Policy:

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

Shopify may also process certain personal information according to its Privacy Policy:

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 when reasonably necessary to operate the store.

Please review our Privacy Policy for information about collection, use, disclosure, international processing and your available privacy rights.

Section 12 — Feedback and Reviews

If you voluntarily submit reviews, photographs, suggestions, ideas 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 to operate, improve and promote the Services, subject to applicable privacy and consumer-protection laws.

You retain ownership of your Feedback.

You represent that:

you own or have permission to submit it;
it is accurate and not misleading;
you have disclosed any compensation or incentive connected with it; and
it does not violate any law or another party’s rights.

We may moderate or remove Feedback that is fraudulent, unlawful, abusive, obscene, misleading, defamatory or infringing.

We are not required to keep unsolicited Feedback confidential, pay compensation for it or respond to it.

Section 13 — Errors and Omissions

Information available through the Services may occasionally contain errors or omissions relating to 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 an order is cancelled after payment because of an error, we will refund the affected amount.

Nothing in this section permits misleading pricing or removes mandatory consumer rights.

Section 14 — Prohibited Uses

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

violate applicable laws or regulations;
infringe intellectual-property, privacy or other rights;
submit fraudulent, false or misleading information;
harass, threaten, defame or harm another person;
transmit malware or harmful code;
send unauthorized advertising, spam or phishing messages;
impersonate another person;
collect personal information without authorization;
interfere with the security or operation of the Services;
bypass access controls, rate limits or security protections; or
scrape, extract, resell or commercially exploit the Services without authorization.

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

Section 15 — Automated Agents

Autonomous or semi-autonomous software accessing the Services on behalf of a person or organization (“Agents”) must comply with applicable laws, these Terms, published technical instructions and access restrictions.

Agents must not conceal their automated nature, bypass CAPTCHAs or access controls, falsely represent 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 measures to control, limit or block automated access.

Section 16 — Termination

We may suspend or terminate access to the Services if you materially breach these Terms, engage in fraud or unlawful conduct, or threaten the security or operation of the Services.

You remain responsible for valid amounts incurred before termination.

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

Section 17 — Disclaimer of Warranties

We make reasonable efforts to keep information accurate but 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 commitments and warranties required by law.

We disclaim implied warranties only to the extent they may legally be disclaimed. We do not guarantee that the Services will always be uninterrupted, secure or error-free.

Nothing in these Terms excludes statutory guarantees, product-safety obligations or consumer rights that cannot legally be excluded.

Section 18 — 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 or lost data arising from the Services or products.

This limitation does not apply to liability that cannot legally be excluded or limited, including fraud, willful misconduct, certain cases of negligence, or mandatory consumer rights.

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

Section 19 — Indemnification

To the extent permitted by law, you agree to indemnify Nocturne House, Shopify and their respective affiliates, directors, officers, employees, contractors, licensors, service providers and agents against third-party claims 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 does not apply to the extent a claim was caused by the negligence, unlawful conduct or breach of the party seeking indemnification.

Section 20 — Severability

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

Section 21 — Waiver and Entire Agreement

Failure or delay in exercising a right 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 previous communications concerning the same subject matter.

Section 22 — 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 23 — 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.

Disputes will be handled by courts with lawful jurisdiction over Nocturne House and the dispute.

Consumers retain all mandatory protections and any right to bring a claim in a 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 24 — Changes to These Terms

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

We may update these Terms by publishing a revised version through the Services. Where required by law, we will provide reasonable notice of material changes.

Changes take effect on the date stated in the notice or, if no date is stated, when published. Continued use after an update constitutes acceptance only to the extent permitted by applicable law.