Terms & conditions
OVERVIEW
Welcome to NouraModest! The terms “we,” “us,” and “our” refer to NouraModest. NouraModest operates this store and website, including all related information, content, features, tools, products, and services, to provide you—the customer—with a personalized shopping experience (the “Services”). NouraModest is powered by Shopify, which enables us to provide the Services to you.
The following Terms of Service, including all policies referenced herein (the “Terms” or “Terms of Service”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are of the age of majority in the state or province where you reside, and that you have given us consent to allow any minor dependents to use the Services on devices you own, purchase, or control.
To use the Services—including browsing our store(s) or purchasing products or services—we may ask you to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide in our store(s) is accurate, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to describe our products and services as accurately as possible. However, colors and appearance may differ from how they display on your screen due to the device and settings you use to access the store.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the display or description in our store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities offered per person, per geographic region, or per jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. NouraModest reserves the right, in its sole discretion, to accept or reject any order for any reason. Your order is accepted only when confirmed by NouraModest. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. NouraModest may be unable to honor a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you at the email address, billing address, and/or phone number provided at checkout.
Returns are accepted only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place the order and will be set out in your order confirmation email. Unless expressly stated otherwise, displayed prices exclude taxes, shipping, handling, duties, and import fees.
Prices in our online store(s) may differ from prices in physical stores or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and that are subject to separate terms. If there is a conflict between promotional terms and these Terms, the promotional terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store(s). You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the card for purchases; (iii) your charges will be honored by your card issuer; and (iv) you will pay charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you once we deliver the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
The Services—including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof—are owned by NouraModest, its affiliates, or its licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent. Except as expressly provided in these Terms, nothing grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of NouraModest, Shopify, or any third party. Unauthorized use may violate applicable IP laws. All rights not expressly granted are reserved by NouraModest.
NouraModest names, logos, product and service names, designs, and slogans are trademarks of NouraModest or its affiliates or licensors. You may not use such marks without our prior written permission. Shopify’s names and marks are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to customer-facing tools provided by third parties as part of the Services. We do not monitor, control, or have input over these tools.
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 arising from or relating to your use of any optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and agree to the terms provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future (including the release of new tools and resources). Such features shall also be deemed part of the Services and subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites offered or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you choose to leave the Services to access such materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party sites. Review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
NouraModest uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are directly with NouraModest. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and NouraModest, including injury, damage, or loss arising from purchased products and services. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with NouraModest.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the applicable privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located outside your country of residence, in order to provide you with services. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. We may exercise our rights to operate, provide, evaluate, improve, and promote the Services, and to fulfill obligations and exercise rights under these Terms.
You represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not obligated now or in the future to (1) maintain Feedback in confidence; (2) pay compensation for Feedback; or (3) respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or infringing upon any party’s intellectual property or these Terms.
You agree your Feedback does not violate any third-party rights, including copyrights, trademarks, privacy, publicity, or other personal or proprietary rights; that it does not contain libelous, unlawful, abusive, or obscene material; and that it does not contain viruses or other malware that could affect the operation of the Services or related websites. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on or related to the Services may contain typographical errors, inaccuracies, or omissions, including regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions; to change or update information; and to cancel orders if any information is inaccurate—at any time and without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use or access the Services, directly or indirectly, (a) for any unlawful or harmful purpose; (b) to violate international, national, federal, state, provincial, or local laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or re-use material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or any similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm NouraModest, Shopify, or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services (or any part thereof) at any time, in our sole discretion, without prior notice. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY NouraModest, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Some jurisdictions limit or do not allow disclaimers of implied warranties, so the above may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, NouraModest, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS—AND THOSE OF SHOPIFY AND ITS AFFILIATES—WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NouraModest, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) payable to a third party arising out of or relating to (1) your breach of these Terms or of any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any claim subject to indemnification; failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced. We may assume the defense and settlement of any such claim at your expense (including retaining counsel), provided we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You must cooperate with us in the defense of indemnified claims, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is held unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including earlier versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any rights or obligations hereunder without our prior written consent; any attempt to do so is void. We may assign these Terms and our rights and obligations without your consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the federal and applicable state or provincial courts in the jurisdiction where NouraModest maintains its principal office. You and NouraModest consent to the jurisdiction and personal venue of the applicable courts.
SECTION 22 – HEADINGS
Section headings are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THE TERMS
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms. Updates and changes will be posted on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. Your continued access to or use of the Services following any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms should be sent to us at support@nouramodest.com.