Terms and Conditions
Terms and Conditions
This website is operated by NONCHA. By visiting this site and/or purchasing from us, you are using our “Service” and agree to the following terms and conditions ("Terms and Conditions", "Conditions"), including additional terms and policies referenced here or available through a hyperlink. These Terms and Conditions apply to all users of the website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or content creators.
Please read these Terms and Conditions carefully before visiting or using our website. By accessing or using any part of the site, you agree to these Terms and Conditions. If you do not agree with all of the terms of this agreement, you may not access the website or use the Service. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools added to the current shop are also subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the website after posting changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE SHOP TERMS
By agreeing to these Terms and Conditions, you represent that you are of legal age in your state or province, or that you are of legal age and have given us your consent to allow your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service. You must not transmit worms, viruses, or harmful code. A breach of or violation of any of the Terms will result in the immediate termination of your Service.
SECTION 2 - GENERAL CONDITIONS
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, and (a) may involve transmissions over various networks; and (b) may be altered to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without our express written permission. The headings used in this agreement are for convenience only and do not affect the terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this website is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon solely for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this website is at your own risk. This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES TO SERVICES AND PRICES
The prices for our products may 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.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display the colors and images of our products in the shop as accurately as possible. However, we do not guarantee that the color representation on your computer monitor will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services that we offer. All product descriptions or product prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited. We do not guarantee that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please refer to our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider. In the future, we may also offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any materials, products, or services of third parties. We are not liable for any damages or harms related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully 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 you send specific submissions (for example, contest entries) or, without a request from us, send creative ideas, suggestions, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the Comments you send to us. We are and will be under no obligation (1) to keep Comments confidential; (2) to pay compensation for Comments; or (3) to respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, personality rights, or other personal or proprietary rights. You also agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material or contain any viruses 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, impersonate someone else, or otherwise mislead us or third parties regarding the origin of the Comments. You are solely responsible for the Comments you make and their accuracy. We take no responsibility and assume no liability for Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of your personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy to learn more.
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, prices, promotions, offers, shipping charges, delivery 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 the website is inaccurate at any time without prior notice (including after you have submitted your order). We are under no obligation to update, amend or clarify information in the Service or on the website, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in 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 provide false or misleading information; (g) to upload or transmit viruses or other harmful codes that will or may affect the functionality of the Service or related websites; (h) to collect or track the personal information of others; or (i) to send spam. We reserve the right to terminate your use of the Service if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time without notice. You expressly agree that your use of the Service is at your sole risk. The Service and all products 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, or non-infringement. In no case shall we, our directors, officers, employees, partners, suppliers, interns, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, or any similar damages, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the use of the Service or any products purchased through the Service, even if advised of their possibility.
SECTION 14 - INDEMNITY
You agree to indemnify, defend, and hold harmless us, our parent, subsidiaries, affiliates, partners, directors, officers, employees, contractors, agents, licensors, service providers, subcontractors, suppliers, and third-party vendors from any claims, losses, liabilities, costs, and expenses, including legal fees, arising from your breach of these Terms and Conditions or your use of the Service.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions 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 regarding the use of the Service.
SECTION 17 - ENTIRE AGREEMENT (CONTINUED)
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement 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 previous versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms and Conditions and any individual agreements by which we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS
The latest version of these Terms and Conditions can be viewed at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website at our sole discretion. It is your responsibility to check our website periodically for changes. Your continued use or access to the website or the Service after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the Terms and Conditions can be sent to us at: info@noncha-fashion.com