Terms of Service

 

Terms of Service – Nue & Noir

Overview

This website is operated by Nue & Noir. Throughout the site, the terms “we”, “us” and “our” refer to Nue & Noir. We offer this website, including all information, tools, and services available 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” and agree to be bound by the following Terms of Use. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. 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.

1. General Conditions

  • You represent that you are at least the age of majority in your country of residence, or that 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.

  • You must not transmit any worms, viruses, or destructive code.

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

2. Right to Refuse Service

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

  • You understand that your content (excluding credit card information) may be transferred unencrypted over various networks.

  • Credit card information is always encrypted during transfer over networks.

3. Accuracy 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 as the sole basis for making decisions.

  • It is your responsibility to monitor changes to our site.

4. Changes to Products and Services

  • Product prices are subject to change without notice.

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

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

5. Contract Formation

  • The presentation of products in our online store does not constitute a legally binding offer, but rather a non-binding catalog.

  • By clicking "Purchase," you submit an offer to enter into a purchase agreement. You will receive an automatic confirmation email, which does not constitute acceptance of your offer.

  • Statutory warranty rights apply.

6. Products and Services

  • Certain products or services may be available exclusively online and in limited quantities.

  • We strive to display colors and images of our products as accurately as possible, but we cannot guarantee that your screen's display will be accurate.

  • We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction.

7. Billing and Account Information

  • We reserve the right to refuse any order placed with us.

  • We may limit or cancel quantities purchased per person, per household, or per order.

  • In the event we make a change to or cancel an order, we will attempt to notify you via the contact information provided at the time of the order.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases.

  • For more details, please refer to our Return Policy.

8. Third-Party Tools

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

  • You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties or conditions of any kind.

  • Any use of optional third-party tools offered through the site is entirely at your own risk and discretion.

SECTION 8 – THIRD-PARTY LINKS

Some content, products, and services available via our Service may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or accept any liability for any third-party materials, websites, or any other 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 third-party websites. Please carefully review 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 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you submit specific submissions (e.g., contest entries) or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments you forward to us in any medium.
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 is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Use.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
You also 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 email 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.

Note: Any additional customs clearance charges and/or import duties are not included in the price and are the customer’s responsibility.

SECTION 10 – PERSONAL INFORMATION

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

SECTION 11 – 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 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, 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 affects the functionality or operation of the Service or 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 13 – 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 and services delivered to you through the service 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, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nue & Noir and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Use 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 severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 – 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 Use are effective unless and until terminated by either you or us.
You may terminate these Terms of Use 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 Use, we may also 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 we may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Your country.

SECTION 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at:
📧 info@nueandnoir.com