Terms of service

Last updated: 7/22/2026

Welcome to Nocturne. These Terms of Service govern your use of our website located at https://nocturnemidnightshop.com and any purchases made through it. By accessing the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to make a purchase on this Site. By using the Site, you confirm that you meet this requirement.

2. Products & Pricing

We make every effort to display product details, images, and pricing accurately. However, slight variations in color, size, or packaging may occur, and product images are for illustrative purposes.
We reserve the right to modify prices, discontinue products, or limit quantities at any time without prior notice.
In the event of a pricing error, we reserve the right to cancel any order placed at the incorrect price, and will notify you and issue a full refund if this occurs.

3. Orders & Payment

Placing an order constitutes an offer to purchase, which we may accept or decline at our discretion (for example, in cases of suspected fraud, pricing errors, or unavailable stock).
Payment must be received in full before an order is processed and shipped.
You are responsible for providing accurate billing and shipping information. We are not responsible for orders delayed or misdirected due to incorrect information provided at checkout.

4. Shipping & Delivery

Products are shipped via third-party suppliers and fulfillment partners. Estimated delivery times are provided for convenience only and are not guaranteed.
Shipping times may vary depending on the product, destination, and supplier location, and may take longer than delivery estimates for locally-stocked goods.
Risk of loss and title for items purchased pass to you upon our delivery to the carrier. We are not liable for delays, loss, or damage caused by the shipping carrier once an order has left our fulfillment partner, though we will assist in resolving such issues with the carrier where reasonably possible.
Tracking information, where available, will be provided by email once your order ships.

5. Returns & Refunds

Returns, refunds, and exchanges are governed by our separate [Refund & Return Policy], which is incorporated into these Terms by reference.

6. Intellectual Property

All content on this Site — including text, graphics, logos, product images, and design — is owned by or licensed to Nocturne and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or use our content without prior written permission.

7. User Conduct

When using the Site, you agree not to:

Violate any applicable law or regulation
Attempt to gain unauthorized access to the Site, our systems, or other users' accounts
Use the Site to transmit harmful code, spam, or fraudulent information
Interfere with the proper functioning of the Site

We reserve the right to suspend or terminate access to the Site for anyone who violates these Terms.

8. Product Disclaimers & Limitation of Liability

Products sold on this Site are provided "as is" without warranties of any kind, express or implied, except as required by applicable consumer protection law.
To the fullest extent permitted by law, Nocturne shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or products purchased through it.
Our total liability for any claim arising from your order shall not exceed the amount you paid for the product(s) giving rise to the claim.

9. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of any third-party sites.

10. Changes to These Terms

We may update these Terms from time to time. Changes take effect immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved in the courts located in Texas.

Nothing in these Terms is intended to waive, limit, or restrict any rights, protections, or remedies you have under the Texas Deceptive Trade Practices–Consumer Protection Act (DTPA) or any other applicable consumer protection law that cannot be waived as a matter of law. Where any provision of these Terms conflicts with such non-waivable rights, the provision shall be interpreted to the minimum extent necessary to comply with the law, and all other provisions shall remain in full effect.