1. Acceptance of Terms

By accessing or using the NOCTE Apparel website at nocteapparel.com (the 'website'), you agree to be bound by these Terms & Conditions ('Terms'). If you do not agree to the Terms, please do not use the website.

2. Website Use

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to disrupt, interfere with, or attempt to gain unauthorized access to the website or its related systems.

3. Eligibility

You must be legally able to enter into binding contracts to make purchases. Minors should use the website and make purchases only with the involvement or permission of a parent or legal guardian where appropriate.

4. Customer Accounts

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for activity that occurs under your account. If you believe your account has been compromised, contact us at info@nocteapparel.com.

5. Product Information and Images

We attempt to display product colors, artwork, measurements, materials, descriptions, and availability as accurately as reasonably possible. However, colors may appear differently depending on your device, monitor, display calibration, and lighting. This provision does not excuse shipping materially incorrect products — if you receive the wrong item, see our Returns & Refunds Policy.

6. Pricing and Typographical Errors

All prices are listed in U.S. Dollars (USD) and are subject to change. Despite reasonable efforts, pricing, product-description, inventory, and technical errors may occur. Subject to applicable law, we reserve the right to correct genuine errors. If an error materially affects an order you have already submitted, we will contact you when appropriate before proceeding, and you may confirm or cancel the affected order.

7. Product Availability

Product availability is subject to change, and items may become unavailable. If a product you ordered becomes unavailable after you place an order, we will contact you regarding the affected order.

8. Orders and Order Acceptance

Submitting an order or receiving an automated order acknowledgement does not by itself constitute final acceptance of your order. Where payment is required, an order is not fully confirmed until payment has been successfully authorized and confirmed. We may decline or limit orders in cases such as suspected fraud, payment issues, pricing errors, or availability problems, subject to applicable law.

9. Order Cancellation

You may request cancellation of an order by contacting info@nocteapparel.com. Cancellation requests are permitted before an order enters production, processing/fulfillment, or shipment — but cancellation is not guaranteed. If an order has already entered production, entered fulfillment, been prepared for shipment, or shipped, we may be unable to cancel it. This is particularly important for products produced or printed specifically as part of order fulfillment. Once an order has shipped, the applicable Returns & Refunds Policy applies.

10. Payment

Payment must be completed at checkout through the available payment options. Payments may be processed by third-party payment service providers in accordance with their own terms and practices.

11. Fraud Prevention

We may take reasonable steps to prevent fraud and abuse, including reviewing orders, verifying information, and declining or canceling orders that appear fraudulent, subject to applicable law.

12. Shipping

Shipping information, including processing times and delivery estimates, is set out in our Shipping Policy, which is incorporated into these Terms.

13. Returns and Refunds

Returns and refunds are governed by our Returns & Refunds Policy, which is incorporated into these Terms.

14. Promotions and Discount Codes

Promotional offers and discount codes are valid only as described for the specific promotion. We may, subject to applicable law, modify or discontinue promotions at any time. Discount codes generally may not be combined unless expressly permitted, and have no cash value except where required by law.

15. Intellectual Property

The NOCTE Apparel brand name, logos, original artwork, product graphics, photography, website design, written content, product descriptions, marketing materials, and other original content on the website are protected by intellectual property rights. Protected content may not be copied, reproduced, distributed, commercially exploited, or used without authorization, except as permitted by applicable law. We do not claim ownership of third-party intellectual property that may appear on the website.

16. User Conduct

You agree not to use the website to infringe the rights of others, transmit unlawful or harmful content, impersonate others, scrape or harvest data without authorization, or engage in any conduct that could damage, disable, or impair the website.

17. Third-Party Services

The website may include links to or rely on third-party services (such as payment providers). We are not responsible for the content or practices of third-party services, and your use of them is governed by their respective terms.

18. Disclaimer of Warranties

To the extent permitted by applicable law, the website and its content are provided 'as is' and 'as available' without warranties of any kind, whether express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

19. Limitation of Liability

To the extent permitted by applicable law, NOCTE Apparel shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for damages resulting from circumstances beyond our reasonable control. Nothing in these Terms limits liability that cannot legally be limited, including liability that may arise under mandatory consumer protection laws.

20. Indemnification

To the extent legally appropriate, you agree to indemnify and hold harmless NOCTE Apparel from claims, damages, and expenses arising from your violation of these Terms or your misuse of the website, subject to applicable law.

21. Governing Law

To the extent legally permitted, these Terms are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law principles. This governing-law provision does not override any mandatory consumer protections that may apply to you under the law of your jurisdiction.

22. Changes to Terms

We may update these Terms from time to time. Updated Terms will be posted on the website with the 'Last Updated' date shown above. Your continued use of the website after changes are posted constitutes acceptance of the updated Terms.

23. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

24. Contact Information

NOCTE Apparel
Online Retailer — Deerfield Beach, FL, United States
Email: info@nocteapparel.com
Website: nocteapparel.com