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NOIRÉ Website Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OUR SITE OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICE.

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1. Agreement to Terms

 

These Terms of Use ("Terms") govern all use of the NOIRÉ website (the "Site") and the services available through the Site (collectively, the "Service"). The Service is owned and operated by NOIRÉ, Inc. (referred to as "NOIRÉ," "we," "us," or "our").

By accessing or using any part of the Service, you accept, without modification, all the terms and conditions contained herein, and all other operating rules, policies, and procedures that may be published by NOIRÉ on this Site from time to time (collectively, the "Terms of Use").

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2. Changes to Terms

 

NOIRÉ reserves the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes.

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3. Account Registration & Security

 

 

A. Registration Requirements

 

To use certain features of the Service, you may be required to register with NOIRÉ and create a password and screen name ("NOIRÉ User ID"). You must provide NOIRÉ with accurate, complete, and updated registration information. Failure to do so may result in the immediate termination of your account.

 

B. Account Responsibility

 

You are solely responsible for all activity that occurs on your account and for maintaining the confidentiality of your password. You agree to notify NOIRÉ immediately in writing of any unauthorized use of your account or other security breaches. You may only maintain one (1) primary account with the Service.

 

C. Prohibited Use

 

You shall not use another user’s account without permission, nor transfer or assign your account to any third party.

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4. Fees, Payment, and Products

 

 

A. Purchases

 

Certain products offered for sale through the Site ("Products") will require payment. You agree to pay all applicable fees, as described on the Site, in U.S. dollars. All fees are payable upon demand via accepted credit card methods (Visa, MasterCard, American Express, etc.).

 

B. Pricing

 

NOIRÉ reserves the right to change its prices (and institute new charges) for the Products at any time. Purchases made by you after such changes are posted on the Site constitute your acceptance of the new or increased charges.

 

C. Shipping and Returns

 

Purchases are subject to NOIRÉ’s separate Shipping and Returns Policy, as published on the Site.

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5. Gift Cards

 

The following terms apply to the purchase and use of NOIRÉ Gift Cards and eGift Cards (collectively, "Gift Cards"):

• Redemption: Gift Cards are redeemable online at noirenyc.com and/or at authorized NOIRÉ retail locations. Gift Cards cannot be returned or redeemed for cash, except where required by law.

• Risk of Loss: The risk of loss and title for Gift Cards pass to the purchaser upon sale. Treat your Gift Card like cash; NOIRÉ is not responsible if your Gift Card is lost, stolen, damaged, or used without your permission.

• Fraud: NOIRÉ reserves the right to refuse acceptance of any Gift Card suspected of being fraudulently obtained.

• Warranty Disclaimer: GIFT CARDS ARE PROVIDED "AS IS." NOIRÉ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS. Our liability for any claim related to a Gift Card will not exceed the last balance held on that Gift Card.

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6. Privacy and Messaging

 

 

A. Privacy

 

Your privacy is important to us. Your personal information is protected by a password for your privacy and security. For the current NOIRÉ Privacy Policy, please refer to the dedicated link on our Site. We encourage you to sign off your account after use to protect your information.

 

B. Children’s Privacy

 

NOIRÉ does not knowingly collect personal information from children under 16 years of age. If you are under 16, please do not attempt to register or send us any personal information. If we learn that personal information has been collected from a child under 16, we will delete that information as quickly as possible.

 

C. Messaging (SMS/MMS)

 

By providing your wireless number when signing up, you consent to receive communications from NOIRÉ, which may include recurring automated promotional and personalized marketing messages (e.g., cart abandonment). Consent to receive automated marketing text messages is not a condition of any purchase. Standard message and data rates may apply. You may opt out at any time by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode.

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7. Rules and Conduct

 

The Service is provided only for your informational and purchasing purposes. Any unauthorized use, including any commercial use (such as resale to third parties), is strictly prohibited.

You agree not to use the Service to:

• Upload, post, or distribute any content that is unlawful, threatening, harassing, defamatory, fraudulent, obscene, or violates any third party's rights (including copyright or trademark).

• Infringe any patent, trademark, trade secret, or copyright.

• Engage in unauthorized or unsolicited advertising ("spamming").

• Impose an unreasonable load on NOIRÉ's infrastructure or attempt to gain unauthorized access to the Service or connected networks (e.g., through password mining).

• Introduce viruses or any other malicious computer codes designed to disrupt hardware or software.

• Harvest or collect any information from the Site without permission.

• Impersonate any person or entity.

NOIRÉ may immediately terminate your access to the Service if your conduct fails to conform strictly to these rules.

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8. Intellectual Property & Proprietary Rights

 

You acknowledge that all content and materials delivered via the Service (including text, graphics, logos, images, design elements) are protected by copyrights, trademarks, trade secrets, and other proprietary laws.

• Except as expressly authorized by NOIRÉ in writing, you agree not to sell, modify, distribute, copy, reproduce, transmit, or create derivative works from such materials.

• You may print or download a reasonable number of copies of content for your own informational, non-commercial use, provided you retain all copyright notices.

• Systematic retrieval of data from the Site to create a database or directory without written permission is prohibited.

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9. Disclaimer of Warranties

 

THE SERVICE (INCLUDING ALL CONTENT AND PRODUCTS) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

NOIRÉ DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

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10. Limitation of Liability

 

IN NO EVENT SHALL NOIRÉ, OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS, BE LIABLE FOR ANY:

• SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

• The cost of procurement of substitute goods or services.

• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE.

• DIRECT DAMAGES IN EXCESS OF $10 (U.S.) (OR THE PURCHASE PRICE IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM NOIRÉ).

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11. Indemnification

 

You agree to defend, indemnify, and hold harmless NOIRÉ, its affiliates, employees, and representatives from all liabilities, claims, and expenses (including attorneys' fees) that arise from your use or misuse of the Service.

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12. International Use and Importer of Record

 

Accessing the Service from territories where its content is illegal is prohibited. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

• EU Customers (Importer of Record): By ordering goods destined for EU-member states, you explicitly agree to become the Importer of Record ("IOR"). As IOR, you are solely responsible for importing the products and for the payment of all duties and taxes, either at the time of sale (if prepaid) or at the time of importation. You grant a proxy or power of attorney (POA) to NOIRÉ’s designated shipping provider for customs clearance on your behalf.

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13. Termination

 

NOIRÉ may terminate your access to all or any part of the Service at any time, with or without cause or notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

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14. Governing Law and Dispute Resolution

 

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.

You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be filed only in the state or federal courts located in California, USA. You and NOIRÉ agree that any cause of action must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

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15. Contact Information

 

You may contact NOIRÉ regarding these Terms of Use at:

Email: hello@noirenyc.com