TERMS AND CONDITIONS

Welcome, and we thank you for your interest in The Nooe (“The Nooe,” “we” or “us”). The Nooe provides its services to you through our website: The Nooe.one. Please read these Terms and Conditions (“Terms”) and our Privacy Policy carefully. We reserve the right, at our sole discretion, to modify portions of these Terms at any time. These Terms are a legally binding contract between you and The Nooe and applies to all visitors, members, users, and others who wish to access or use our services. The latest version will be posted on this website and may be updated without notice. The Nooe reserves the right to modify, amend or change the Terms at any time. You should review the Terms carefully. If you wish to use our services, you must read and agree to be bound to the following Terms. If you disagree with any part of the Terms, then you do not have permission to access this website or our services.

Subscription Service

You must be at least 18 years old to use this Service. We value your customer satisfaction and it is one of our core principles to deliver garments that are ready to wear when delivered to you. If you are dissatisfied for any reason, we will make reasonable efforts to replace the non-conforming product in a timely manner or issue a refund to you. All warranties and representations as to our products are made solely to the purchaser and cannot be transferred to others. When ordering our products, you acknowledge and agree that: (i) all delivery of our products will be made in accordance with our standard mailing and delivery schedules (currently, quarterly); (ii) our products may vary slightly in color and design from the photographs posted on the website; (iii) if the provided shipping address is invalid or not secure, the customer is solely responsible for the lost, damaged or stolen item, (iv) following delivery of products, the customer is solely responsible for the condition of the items, or any destruction, theft, disappearance stains or causes other than normal wear and tear. The Nooe reserves the right to cancel, reject or prohibit any sales or transactions of the purchase of our products.

We offer membership subscription plans for our products (each a “Subscription”) for regular shipments. Once you sign up, you will receive your subscription based on the timeframe you choose and your credit card will be charged with each shipment. Our subscription plans will automatically renew at the price originally posted until cancellation unless we provide you with a price change. You may notify us that you wish to cancel the subscription service by contacting us at email. There are no cancellation fees. Once you have notified us that you wish to cancel, your subscription service will terminate at the next billing cycle. The Nooe reserves the right to suspend or terminate access to the subscription service or account for amounts past due or unpaid.

Non-subscription Service

You’re not obligated to purchase via our subscription model and can, instead, buy stand-alone kits as you desire them. In doing so, you will be bound to the same rules as Subscription Service customers except that you will not automatically be billed. Instead, you will be billed with each order. If you have any questions, please reach out to us at hello@thenooe.com.

Registered Account, Password, Security

If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are fully responsible for maintaining the confidentiality of your password and account and fully responsible for all activities. The Nooe will never ask you for your password. You agree to immediately notify The Nooe of any unauthorized use of your password or account or any breach of security. The Nooe will not be liable for any loss or damage arising from your account. We reserve the right to terminate accounts that violate any of the rules in this section.

Product Descriptions, Availability and Pricing

The Nooe reserves the right to change the prices, available products and subscriptions at any time. Any paid for subscriptions will not be affected by any such modification without at least one week’s notice prior to the next billing cycle. Although we try to have our site reflect our current product selection, there may be times when certain information contained on the site is incomplete, inaccurate, or incorrect. We apologize to our customers in advance for erroneous pricing, product descriptions, or other errors which may appear without notice.

Orders

We reserve the right to refuse or limit any orders, quantities or subscriptions. The Nooe will not be liable for unavailable products or for shipment delays. We may also deny cancellation requests which is in our sole and absolute discretion.

Exchanges and Returns

We desire for our customers to be completely delighted with their purchase. Therefore, we accept returns within 30 days of purchase, provided that: (i) items are unworn, undamaged, and unused; (ii) all tags are attached and affixed to the garment. All refunds are processed back to the original form of payment. For all orders, please follow the return instructions provided in the shipment. All refunds will be processed within 5 days of receipt of the unworn and undamaged product. Refunds will be credited back to the account with which you made the purchase within 14 days, depending on your financial institution and/or credit card company. Return shipping is on us! To start your return or ask questions about your return, please email us at hello@The Nooe.com.

If you’d like to exchange an item for a different size or color, we’ll process it like a return, issuing you a credit for the returned item and then charging you (using the same form of payment) for the new item. Please note that exchanges are dependent on product availability—we’ll give it to you if we’ve got it, but if it’s out of stock, we’ll both have to wait until the next shipment arrives, or we will simply just process the refund. If you have any questions, please email us at hello@The Nooe.com.

Shipping Fees and Taxes

If you are shipping within the United States of America, a sales tax will be charged, as applicable. Currently, we only ship within the US. However, we will be expanding our offerings as we grow.

When we do ship internationally, you agree to be responsible for complying with your local laws and regulations. When you place an order and select a shipping address outside of the U.S. you become the Importer of Record and consequently authorize The Nooe to import products to your destination country on your behalf. By purchasing any item(s) you agree that The Nooe may, in its sole discretion, delegate its importing obligation to a subcontractor (e.g. customs broker). When indicated on the website, The Nooe will attempt to illustrate the exact applicable duties, taxes, and tariffs, if any, and to charge you the same during checkout. However, ultimately, you, as the Importer of Record, are responsible for paying any additional or other fees levied by your local government and customs authority.

Third-Party Websites and Content

This site may contain information and Content provided by third parties. We have no obligation to monitor, nor do we endorse, nor are we liable for third-party Content. Any content of third parties (“Third Party Content”) including but not limited to: websites, images, photography, text, or graphics is not under the authorization of The Nooe. There is no warranty (express or implied) to third party content which is the property of respective providers, companies, or licensors and protected by applicable copyright law. The Nooe takes no responsibility for any third-party content or websites, and we do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that The Nooe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms, conditions, and privacy policies of any third-party web sites or services you visit.

Intellectual Property

Our site contains material, such as text, graphics, images, sound recordings, or other visual works provided by or on behalf of The Nooe (collectively referred to as the “Content”). The Content may be owned by third parties or us. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us, which we may withhold in our absolute discretion. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, or distribute or otherwise use the Content in any way for any other public or commercial purpose. The use or posting of the Content on any other website or computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and any Services automatically terminates, and you must destroy any copies you have made of the Content. Elements of this site and its services are protected by trademark, trade dress, unfair competition, and other state and federal laws and may not be copies or omitted in whole or in part by any means. None of the Content may be transmitted without our express, written consent for each and every instance.

Customer Information

We collect data to operate effectively and to provide you with the best customer experience. You may provide some of this data directly, such as when an account is created through our membership site. We may collect and share customer information, including customer names, addresses, phone numbers, and email addresses, sizes and shopping habits, financial information, and site traffic through cookies. The data we collect may also be used for marketing purposes.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the Terms and Conditions and Privacy Policy or your access to, use, or misuse of the Content or Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Limitation of Liability

IN NO EVENT SHALL THE NOOE INC., OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY PURCHASE MADE BY USE OF THE SERVICE OUR LIABILITY IS LIMITED TO THE PRICE PAID BY THE PURCHASER.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. THE NOOE INC. SITE ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any rights not expressly granted herein are reserved. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Any claims against The Nooe from use of the website or its products must be brought in a court of competent jurisdiction located in the City and State of New York. By using the site and/or ordering products, you agree to the exclusive jurisdiction of the courts located in the City and State of New York.

Changes and Amendments

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will indicate the date upon which these Terms are modified, and prior versions will be maintained. If any of these Terms shall be deemed invalid, void, or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Consent to Electronic Communication

By using our Service, you consent to receive certain electronic communications from us as described in our Privacy Policy.

Notice to California Residents

Pursuant to the California Consumer Privacy Act, you have a right to know what personal information is disclosed or sold by The Nooe. We will disclose and sell your information to third parties. If you have any additional questions about the information we collect, please contact us at: hello@thenooe.com Any credit card information provided is only used for the transaction. The Nooe saves no information

The Nooe does not discriminate against you because you requested information about how we disclose and/or sell your personal information or because you requested your information not be disclosed or sold to third parties. Our quality of goods and services are the same for every customer. If you opt-out of certain Services, you will not receive the benefit of that Service. For example, we may provide consumer information to a third-party for coupons or private events. If you do not want your personal information disclosed, we cannot guarantee coupons or access to third-party events.

If you do not want The Nooe to disclose your information, you have the right to opt-out. Please contact us at: hello@thenooe.com.

California residents, under Cal. Civ. Code §1789.3, may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, located at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone: (1-800) 952-5210 to resolve any complaint regarding our site or to receive further information regarding the use of our website.

EU General Data Protection Regulation (“GDPR”) Compliance

The Nooe complies with the GDPR and other international privacy rules. Please review our Privacy Policy for information related to your privacy rights.

If you do not want The Nooe to disclose your information, you have the right to opt-out. Please contact us at: hello@thenooe.com.

If you have any further questions about these Terms and Conditions, please contact us at: hello@thenooe.com.

Last Updated: May, 2020