Terms of Use

OVERVIEW
Welcome to AU NOIR! The terms “we,” “us,” and “our” refer to AU NOIR. AU NOIR operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). AU NOIR is a store powered by Shopify, which enables us to provide the Services to you.

The Terms of Service below, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 [LINK]. If you do not agree to these Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allowing any minor dependents under your responsibility to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide through our stores is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be identical to the descriptions or representations provided in our online stores.
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 of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. AU NOIR reserves the right to accept or reject your order for any reason, at its discretion. Your order is not accepted until AU NOIR has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please carefully review your order before submitting it, as AU NOIR may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided at the time the order was placed.
Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may be changed without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions relating to the Services that may affect pricing and that are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay all amounts charged at the displayed prices, including shipping and handling charges and all applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by AU NOIR, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms authorize you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to AU NOIR, Shopify, or any third party. Unauthorized use of the Services may violate federal and national intellectual property laws. All rights not expressly granted herein are reserved by AU NOIR.
The AU NOIR name, logos, product and service names, designs, and slogans are trademarks of AU NOIR or its affiliates or licensors. You must not use these trademarks without the prior written consent of AU NOIR. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
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 disclaim all liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party functionality. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content through third-party websites. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
AU NOIR is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our Store are made directly with AU NOIR. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and AU NOIR, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or relating to your purchases and transactions with AU NOIR.

SECTION 10 – PRIVACY POLICY
All personal information that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services in order to provide and improve the Services. Information that you submit through the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide services to you. Please review our Privacy Policy [LINK] for additional information about how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may exercise the rights granted under this license to operate, provide, evaluate, strengthen, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or violates these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or 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 access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or national regulation, rule, or law, or any local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “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 which, as determined by us, may harm AU NOIR, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in any manner that affects 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 or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this