Terms of Service

OVERVIEW

Welcome to Nocturn Sleep. The terms “we”, “us” and “our” refer to Nocturn Sleep. We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”), to provide you with a curated shopping experience. Nocturn Sleep is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including warranty 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, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction, or that you have given consent for your minor dependents to use the Services on devices you own or manage.

To use the Services, you may be required to provide certain information, including your email address, billing details, payment information, and shipping address. You represent and warrant that all information provided is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to any other person.

SECTION 2 - OUR PRODUCTS

We strive to display our products and services as accurately as possible. However, product colors and appearance may vary depending on your device and settings.

We do not warrant that product descriptions, images, or other content are error-free. All product descriptions and pricing are subject to change without notice. We reserve the right to discontinue products or limit quantities at any time.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. An order is not accepted until payment is processed and confirmation is sent.

Please review your order carefully before submitting. We may be unable to accommodate cancellations once an order is accepted.

All purchases are subject to our Refund Policy. You represent that purchases are for personal use and not for resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of purchase and stated in your confirmation email. Unless otherwise noted, prices do not include taxes, shipping, customs, or import charges.

You agree to provide accurate billing and payment information and to update your information as needed. You represent that you are authorized to use the payment method provided and that you will pay all charges incurred.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you once products are transferred to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All content within the Services — including trademarks, logos, text, graphics, images, video, audio, and design — is owned by Nocturn Sleep or its licensors and is protected by intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or exploit any content without prior written consent.

All rights not expressly granted are reserved by Nocturn Sleep. Shopify and other third-party trademarks remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Your use of such tools is at your own risk.

Any future features or tools introduced will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing such sites is at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify. However, all sales are made directly between you and Nocturn Sleep. Shopify is not responsible for any injury, loss, or damages arising from your purchases. You expressly release Shopify from claims related to transactions with Nocturn Sleep.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy and may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process certain personal information to provide and improve its services.

SECTION 11 - FEEDBACK

If you submit ideas, reviews, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and publish such Feedback for any purpose.

You represent that you have the right to provide such Feedback and that it does not violate any third-party rights. We are not obligated to keep Feedback confidential or compensate you.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to update or cancel orders if information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to violate laws, infringe intellectual property rights, transmit harmful code, engage in fraudulent activity, or interfere with security features.

We reserve the right to terminate access if these Terms are violated.

SECTION 14 - TERMINATION

We may terminate or suspend access to the Services at any time without notice. You remain responsible for all amounts due prior to termination.

Certain provisions will survive termination, including intellectual property, limitations of liability, indemnification, and governing law.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted, secure, or error-free use.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Nocturn Sleep and its affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Nocturn Sleep and its affiliates from any claims, damages, or expenses arising from your breach of these Terms or violation of applicable law.

SECTION 18 - SEVERABILITY

If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions will remain in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision shall not constitute a waiver. These Terms constitute the entire agreement between you and Nocturn Sleep regarding the Services.

SECTION 20 - ASSIGNMENT

You may not assign your rights under these Terms without written consent. We may assign our rights without restriction.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws of the jurisdiction in which Nocturn Sleep is headquartered, without regard to conflict of law principles.

SECTION 22 - HEADINGS

Section headings are for convenience only and do not affect interpretation.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time by posting changes to our website. Continued use of the Services constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service may be sent to:

Nocturn Sleep
hello@nocturnsleep.com
713 Rockland Rd, AL, 19732, US