General terms and conditions
Welcome to Nocturne Co.! The terms "we", "us", and "our" refer to Nocturne Co. Nocturne Co. operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a customized shopping experience (the "Services"). Nocturne Co. is powered by Shopify, which enables us to deliver the Services to you.
The general terms and conditions below, together with any policies referenced herein (these "Service Terms" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
Part 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the country or region in which you reside, or that you are the age of majority and have given us permission to allow any minor family members to use the Services on devices that you own, purchase, or manage.
To use the Services — including accessing or browsing our webshop or purchasing the products or services we offer — you may be asked to provide certain information, such as your email address, billing and delivery address, and payment details. You represent and warrant that all information you provide in our store is correct, current, and complete and that you have all the rights necessary to provide this information.
You are solely responsible for the security of your account information and for all activities within your account. You may not transfer, sell, assign, or license your account to another person.
Part 2 — Our products
We have made every effort to display our products and services as accurately as possible. However, please note that colors or the appearance of products may differ from how they appear on your screen, depending on the device and settings you use to view our store.
All product descriptions are subject to change at any time without prior notice. We reserve the right to discontinue a product at any time and to limit the quantities we offer to any person, region, or jurisdiction on a case-by-case basis. Your statutory rights as a consumer (including statutory conformity/warranty) remain unaffected.
Part 3 — Orders
When you place an order, you are making an offer to purchase. Nocturne Co. reserves the right to accept or refuse your order reasonably. Your order is only accepted after we have confirmed acceptance; we must receive and process your payment before an order is accepted.
Please check your order carefully before submitting it, as we may no longer be able to process a cancellation request after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number you provided with the order.
Your purchases can be returned or exchanged in accordance with our Refund and Return Policy and your statutory right of withdrawal.
Part 4 — Pricing and invoicing
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product is the price applicable at the time the order is placed and stated in the confirmation email. All prices are in euros and including VAT. Shipping is free on all orders.
From time to time, we may offer promotions with their own terms and conditions. In the event of a conflict between the terms and conditions of a promotion and these Terms and Conditions, the terms and conditions of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account details for all purchases, and to update these details promptly so that we can complete your transactions and contact you if necessary. You represent and warrant that the payment details you provide are correct and complete and that you are authorized to use the payment method.
Part 5 — Shipping and delivery
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or other circumstances beyond our control. To the extent permitted by law, the risk of loss or damage passes to you at the time of delivery. Is your order damaged or has it not arrived? Please contact us, and we will resolve it for you.
Part 6 — Intellectual Property
Our Services — including but not limited to all trademarks, brands, text, representations, images, graphic elements, video and audio, and the design, selection and arrangement thereof — are the property of Nocturne Co., its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, make public, republish, download, store, or transmit the material on the Services without our prior written permission.
The names, logos, product and service names, designs, and slogans of Nocturne Co. are trademarks of Nocturne Co. You may not use them without our prior written permission. The name, logo, and product and service names of Shopify are trademarks of Shopify. All other names and brands on the Services are the property of their respective owners.
Part 7 — Optional tools
You may gain access to third-party tools over which we have no control or input. We provide access to such tools "as is" and "as available," without warranties of any kind. Any use of these optional tools is at your own risk; ensure that you are familiar with and agree to the terms and conditions of the relevant provider.
New features or tools that we add in the future will also be subject to these Terms of Service.
Part 8 — Links from external parties
The Services may contain links to third-party websites. We are not responsible for the content or accuracy thereof and are not liable for damages in connection with your use of third-party websites, products, or services. Please check the third party's policy before entering into a transaction. Complaints or questions regarding third-party products and services must be directed to that third party.
Part 9 — Relationship with Shopify
Nocturne Co. is powered by Shopify, which enables us to deliver the Services to you.However, all sales and purchases you make in our store are made directly with Nocturne Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Nocturne Co., including injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Nocturne Co.
Section 10 — Privacy Policy
All personal information that we collect via the Services is subject to our Privacy Policy. Certain personal information may also be subject to the Shopify Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit may be shared with Shopify and third parties that may be located in countries other than where you live. Please refer to our Privacy Policy for more information.
Part 11 — Feedback
If you submit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any medium whatsoever, including for commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms and does not infringe upon the rights of any third party. We are not obligated to treat Feedback confidentially, pay for it, or respond to it, and may remove Feedback that we deem unlawful or offensive.
Part 12 — Errors, inaccuracies, and omissions
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, delivery times, and availability. We reserve the right to correct such errors and to modify information or cancel orders if the information is incorrect, at any time and without prior notice (even after you have placed an order).
Part 13 — Prohibited Use
You may use the Services solely for lawful purposes. You are not permitted to use the Services (a) for unlawful or malicious purposes; (b) to violate any law or regulation; (c) to infringe intellectual property rights; (d) to harass, abuse, insult, or harm others; (e) to send false or misleading information; (f) to send unsolicited advertising or promotional material ("spam"); (g) to impersonate another person or entity; or (h) to interfere with the use of the Services by others or to expose Nocturne Co., Shopify, or users to liability.
In addition, you agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, or resell any part of the Services; (c) collect personal information from others; (d) spam or phish the Services; or (e) circumvent security or access measures. We reserve the right to suspend or terminate your access in the event of a breach of these Terms.
Part 14 — Agents
14.1 This section ("Agent Terms") applies if you use, authorize, or allow an Agent to be used to access or communicate with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of a person or entity, without direct supervision.
14.2 An Agent may not use the Services unless it identifies itself at all times and acts in accordance with the requirements in 14.4. An Agent may not use the Services if we have requested it.
14.3 We may—including through technical measures—limit whether and how an Agent uses the Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and include the name in the user-agent string ("Agent/[agent name]"); (ii) not conceal that access originates from an Agent, for example by mimicking human behavior or circumventing CAPTCHAs; (iii) answer truthfully to questions intended to distinguish human from computer; and (iv) not circumvent measures intended to determine whether and how Agents use the Services.
Part 15 — Conclusion
We may reasonably terminate this Agreement or your access to the Services at any time, and you shall remain liable for all amounts due up to and including the date of termination. The portions which by their nature must survive — including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Applicable Law, and Privacy Policy — shall survive termination.
Part 16 — Disclaimer of warranties
The information on or via the Services is provided solely for general informational purposes. To the extent permitted by law, and without prejudice to your statutory rights as a consumer, the Services and the products offered are provided "as is" and "as available", without warranties of any kind. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. This provision does not limit the statutory warranties to which you are entitled as a consumer.
Section 17 — Limitation of Liability
To the extent permitted by law, Nocturne Co. and its partners, directors, employees, affiliates, agents, and suppliers (and those of Shopify) are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, lost savings, or loss of data, arising from your use of the Services or of products purchased through the Services. Nothing in these Terms excludes or limits our liability to the extent prohibited by mandatory law (including liability for intent, gross negligence, or product liability).
Part 18 — Indemnification
You agree to indemnify Nocturne Co., Shopify and our affiliates, partners, directors, employees, agents and licensors against all losses, damages, liabilities or third-party claims, including reasonable attorneys' fees, arising from (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.
Part 19 — Separability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall remain enforceable to the extent permitted by applicable law, and shall not affect the validity of the remaining provisions.
Part 20 — Waiver; entire agreement
Failure to exercise or enforce any right or provision shall not constitute a waiver thereof. These Terms of Service, together with the policies we post on our website, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.
Part 21 — Transfer
You may not transfer this agreement or your rights and obligations without our prior written consent. We may transfer these Terms and our rights and obligations without notice.
Part 22 — Applicable law
These Terms of Service apply exclusively Dutch law applicable. Disputes shall be submitted to the competent court in the district of Northern Netherlands (location Groningen), unless mandatory law designates another competent court. Consumers may also submit a dispute via the European ODR platform: https://ec.europa.eu/consumers/odr.
Part 23 — Heads
The headings in this agreement are provided solely for convenience and do not limit or affect these Terms.
Section 24 — Changes to the Terms of Service
You can view the most recent version of the Terms of Service on this page at any time. We reserve the right to modify these Terms by posting updates on our website. We will announce significant changes in accordance with applicable law. Your continued use of the Services after a change constitutes acceptance thereof.
Section 25 — Contact Information
You can send questions about these Terms of Service to Nocturneklantenservice@gmail.com.
Our contact details:
Nocturne Co. Siemensstraat 56, 9727 GB Groningen, The Netherlands E-mail: Nocturneklantenservice@gmail.com Chamber of Commerce number: 99723298 VAT number: NL003204880B73