Terms & conditions

OVERVIEW
Welcome to Noiré! The terms "we", "us" and "our" refer to Noiré. Noiré operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Noiré is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referred to herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. 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 our Privacy Policy, you should not use or access our Services.

Nothing in these Terms limits your rights as a consumer under mandatory Danish and EU consumer law, including your 14-day right of withdrawal and your 2-year right of complaint.

SECTION 1 – ACCESS AND ACCOUNT
To buy from our store, you must be at least 18 years old, or have the consent of a parent or guardian.
To use the Services, including browsing our online store or purchasing any of our products, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You confirm that all the information you provide is correct, current and complete.
You are responsible for keeping your account credentials secure and for the activity on your account. You may not transfer, sell or assign your account to any other person.

SECTION 2 – OUR PRODUCTS
We have made every effort to show our products as accurately as possible. Colors and product appearance may differ slightly from how they appear on your screen, depending on your device and its settings.
Our products are released in limited drops and are sold while stock lasts. We reserve the right to discontinue any product at any time and may limit the quantities of any product that we offer to any person.

SECTION 3 – ORDERS
When you place an order, you receive an order confirmation by email. The agreement between you and Noiré is binding once you have received the order confirmation. Please review your order carefully before submitting it.
We may decline or cancel an order, for example if an item is out of stock, if there is an obvious error in price or product information, or in case of suspected fraud. If so, we will notify you by email and refund any amount paid in full.
Your purchases may be returned or exchanged in accordance with our Refund Policy and your 14-day right of withdrawal (see Section 6).
Your purchases must be for your own personal use and not for commercial resale.

SECTION 4 – PRICES AND PAYMENT
All prices are in Danish kroner (DKK) and include 25% Danish VAT. Shipping costs are shown in the checkout before you confirm your order. For orders shipped outside the EU, customs duties and import charges may apply and are paid by the customer.
The price charged is the price in effect at the time the order is placed, as shown in your order confirmation. We may run promotions from time to time, which may have their own terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms apply.
The amount is reserved on your card when you place your order and is only charged when your order is shipped. You confirm that you are authorized to use the payment method you provide.

SECTION 5 – SHIPPING AND DELIVERY
All orders are shipped via DAO. Delivery times are estimates. We are not responsible for delays caused by events outside our control. If your order is significantly delayed, you have the rights provided by Danish consumer law, including the right to cancel the order.
The risk of the goods passes to you when you, or someone you have designated, have received the goods.

SECTION 6 – RIGHT OF WITHDRAWAL AND COMPLAINTS
Right of withdrawal: You have a 14-day right of withdrawal from the day you receive your order. To use it, send us a clear message before the 14 days have passed to noireproductive0@gmail.com. Items must be returned no later than 14 days after you have notified us. We refund the amount paid, including the original standard shipping cost, no later than 14 days after receiving your notice. We may wait with the refund until we have received the items back. You may try the items on as you would in a store. If an item has been used beyond that, we may deduct an amount for the reduced value. See our Refund Policy for details.
Right of complaint: Under the Danish Sale of Goods Act, you have a 2-year right of complaint for defects that were present when you received the item. A complaint must be made within a reasonable time after you discover the defect. A complaint made within 2 months is always considered timely. Contact us at noireproductive0@gmail.com with your order number, a description and photos of the defect. Normal wear and tear, and damage caused by incorrect use or care, are not covered.

SECTION 7 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, video and designs, and the selection and arrangement thereof, are owned by Noiré, its affiliates or licensors and are protected by Danish and international copyright, trademark and other intellectual property laws.
You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, republish or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Noiré.
Noiré's name, logos, product names, designs and slogans are trademarks of Noiré. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other trademarks on the Services belong to their respective owners.

SECTION 8 – OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control. Any use of such tools is at your own discretion, and you should make sure you are familiar with the terms on which they are provided by the relevant third party.
We may also offer new features through the Services in the future. Such new features are also part of the Services and are subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS
The Services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of third-party websites, or for products or services bought on them. Please review the third party's policies before you engage in any transaction. Complaints or questions regarding third-party products and services should be directed to the third party.

SECTION 10 – RELATIONSHIP WITH SHOPIFY
Noiré is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Noiré. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Noiré, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Noiré.

SECTION 11 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, information you submit will be transmitted to and shared with Shopify and third parties that may be located outside Denmark, in order to provide the Services to you. Please read our Privacy Policy for details on how we process your personal information and your rights under the GDPR.

SECTION 12 – FEEDBACK AND REVIEWS
If you send us ideas, suggestions, feedback or reviews ("Feedback"), you give us a free, worldwide and non-exclusive right to use, publish and display that Feedback, including in our marketing. You confirm that your Feedback is your own, is truthful and does not violate the rights of any third party or any law. We are not obliged to keep Feedback confidential, to pay for it or to respond to it. We may remove Feedback that we consider unlawful, offensive or in breach of these Terms.

SECTION 13 – ERRORS AND OMISSIONS
Occasionally there may be information on the Services that contains errors or omissions relating to product descriptions, prices, promotions, shipping costs, delivery times or availability. We reserve the right to correct such errors. If an order has been placed at an obviously incorrect price or with incorrect information, we may cancel the order. If so, we will notify you and refund any amount paid in full.

SECTION 14 – PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or the rights of others; (d) to harass, abuse, defame or intimidate any of our employees or any other person; (e) to submit false or misleading information; (f) to send spam or unsolicited advertising; (g) to impersonate any other person; or (h) to engage in any other conduct that may harm Noiré, Shopify or other users of the Services.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) copy, sell or exploit any part of the Services; (c) collect or track the personal information of others; (d) phish, spider, crawl or scrape the Services; or (e) interfere with or circumvent the security features of the Services. We may suspend or close your account if you violate these Terms.

SECTION 15 – TERMINATION
We may terminate your access to the Services if you violate these Terms. Orders you have already placed and paid for are not affected, and your rights as a consumer in relation to those orders continue to apply.

SECTION 16 – DISCLAIMER
The information on the Services is provided for general information purposes. We do our best to keep it accurate and up to date, but we cannot guarantee that the Services will always be available, uninterrupted or error-free.
This does not limit your rights under mandatory Danish consumer law, including your right of complaint for defective products.

SECTION 17 – LIMITATION OF LIABILITY
We are liable under the general rules of Danish law. We are not liable for indirect losses, such as lost profits or loss of data, unless caused by our gross negligence or intent. This limitation does not apply to liability that cannot be limited under mandatory law, including your rights as a consumer under the Danish Sale of Goods Act and product liability rules.

SECTION 18 – INDEMNIFICATION
To the extent permitted by Danish law, you are responsible for losses that Noiré suffers as a result of your intentional or negligent breach of these Terms or of applicable law.

SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in force.

SECTION 20 – WAIVER; ENTIRE AGREEMENT
If we do not enforce a right or provision of these Terms, that does not mean we waive it.
These Terms of Service and the policies posted on this website constitute the entire agreement between you and us regarding your use of the Services.

SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations to another company, provided this does not reduce your rights as a consumer.

SECTION 22 – GOVERNING LAW AND DISPUTES
These Terms are governed by Danish law. If you live in another EU country, you also keep the protection of the mandatory consumer law of your country of residence.
If you have a complaint, please contact us first at noireproductive0@gmail.com so we can find a solution together. If we cannot agree, you can file a complaint with the Danish Board of Consumer Complaints: Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark (naevneneshus.dk). Disputes may also be brought before the Danish courts.

SECTION 23 – HEADINGS
The headings in these Terms are included for convenience only and do not affect their meaning.

SECTION 24 – CHANGES TO TERMS OF SERVICE
You can always find the current version of the Terms of Service on this page. We may update these Terms from time to time. The Terms in force at the time you place your order always apply to that order. We will notify you of material changes in accordance with applicable law.

SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to noireproductive0@gmail.com. We reply within 24 hours.
Noiré
noireproductive0@gmail.com
Ørestads Boulevard 49B, 3. 5., 2300 Copenhagen S, Denmark