Terms of service
OVERVIEW
Welcome to NOXEN.
NOXEN is the trading name of NOXEN COMMERCE LTD, a private limited company registered in the United Kingdom under Company Registration Number 17392711. The terms “we”, “us”, and “our” refer to NOXEN COMMERCE LTD.
NOXEN COMMERCE LTD operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.
These terms and conditions, together with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), describe your rights and responsibilities when you access, interact with, or use the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and obligations and cover matters including orders, payments, shipping, intellectual property, warranty 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. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.
Nothing in these Terms is intended to exclude or limit any rights or remedies that cannot lawfully be excluded or limited under applicable consumer protection laws.
SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your country, state, province, or other jurisdiction of residence, or that you are using the Services with the involvement and consent of a parent or legal guardian where permitted by applicable law.
To access or use certain features of the Services, create an account, or place an order, you may be required to provide certain information, including your name, email address, billing information, payment information, shipping address, and other details necessary to process your order.
You agree that all information you provide to us is accurate, current, complete, and not misleading, and that you have the legal right to provide such information. You are responsible for promptly updating your information if it changes.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to notify us promptly at contact@noxencommerce.com if you become aware of any unauthorized access to or use of your account.
You may not transfer, sell, assign, sublicense, or otherwise make your account available to another person without our prior written consent.
We reserve the right to suspend or terminate accounts that are used fraudulently, unlawfully, or in violation of these Terms, subject to applicable law.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, specifications, images, colors, sizing information, and other product details displayed through the Services are accurate and up to date.
However, the actual appearance of a product may vary slightly from how it appears on your screen due to differences in device displays, screen settings, lighting, printing processes, materials, and production methods. Some product images may be digital mockups or representations intended to illustrate the design and appearance of the product.
Certain NOXEN products are made to order after your purchase is placed. Because of the nature of on-demand production, minor variations in print placement, color, texture, or appearance may occur within reasonable manufacturing tolerances.
We do not guarantee that a product will meet subjective expectations that are not expressly stated in the product description. However, nothing in these Terms excludes or limits any statutory rights you may have in relation to products that are faulty, damaged, not as described, or otherwise fail to meet applicable consumer protection requirements.
Product descriptions, specifications, availability, and pricing may be updated from time to time. We reserve the right to modify or discontinue products, designs, colors, sizes, or product variants at any time, subject to applicable law.
We may also limit the quantities of products available for purchase or restrict availability in certain geographic regions or jurisdictions where reasonably necessary.
SECTION 3 - ORDERS
When you place an order through the Services, you are making an offer to purchase the products in your order.
We reserve the right to accept, decline, cancel, or limit an order where reasonably necessary, including in cases of suspected fraud, payment failure, pricing or product information errors, product unavailability, production limitations, delivery restrictions, or legal or regulatory requirements.
Receipt of an automated order acknowledgement does not necessarily mean that your order has been accepted. Your order is accepted once payment has been successfully authorized and we confirm acceptance or begin fulfillment of the order.
Please review your order carefully before submitting it, including the selected product, size, color, quantity, personalization, and shipping address.
Many NOXEN products are made to order and may enter production shortly after your order is accepted. For this reason, changes or cancellations may not be possible once fulfillment or production has started.
If you need to request a change or cancellation, please contact us as soon as possible at contact@noxencommerce.com. We will make reasonable efforts to accommodate your request, but we cannot guarantee that changes or cancellations can be made after production has begun.
If we decline, cancel, or materially change an order, we will make reasonable efforts to notify you using the email address, billing information, shipping information, or phone number provided at checkout. Where payment has already been captured for an order that we cancel, the applicable amount will be refunded to the original payment method.
Returns, replacements, and refunds are subject to our Refund Policy, except where applicable law provides mandatory rights or remedies that cannot be excluded or limited.
Unless otherwise agreed by us in writing, products purchased through the Services are intended for personal or household use and not for unauthorized commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change from time to time. The price applicable to your purchase will be the price displayed at checkout at the time your order is submitted, subject to correction of any obvious pricing or technical errors in accordance with these Terms.
Prices may be displayed in different currencies depending on your location, selected market, or store settings. Where currency conversion applies, the final amount charged may be affected by exchange rates used by our payment processor, your bank, or your card issuer.
Unless otherwise stated, product prices do not include shipping charges, customs duties, import taxes, or other governmental charges that may apply to your order. Applicable taxes and shipping charges will be displayed or calculated at checkout where required or available.
You are responsible for any customs duties, import taxes, brokerage fees, or similar charges imposed by the destination country, unless we expressly state that such charges are included in the purchase price or shipping fee.
We may offer discounts, promotional codes, special offers, or other promotions from time to time. Such promotions may be subject to additional terms, eligibility requirements, expiration dates, product exclusions, or usage limitations. Where specific promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.
You agree to provide current, complete, and accurate purchase, billing, payment, shipping, and account information for all purchases made through the Services. You are responsible for ensuring that your contact and payment information remains accurate and up to date.
By submitting payment information, you represent that you are authorized to use the payment method provided and authorize us and our payment service providers to charge the applicable amount for your order, including any shipping charges and taxes shown at checkout.
Payment processing may be provided by third-party payment service providers, including Shopify Payments and other payment providers made available through our store. Your use of those payment methods may also be subject to the applicable provider’s terms and policies.
Your bank, card issuer, or payment provider may apply additional charges, including foreign exchange fees, international transaction fees, or other processing fees. These charges are imposed by the relevant financial institution or payment provider and are not controlled by NOXEN COMMERCE LTD.
If a payment is declined, reversed, cancelled, or otherwise not successfully completed, we may suspend or cancel the related order in accordance with these Terms.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times provided through the Services are estimates only and may vary depending on the destination, product availability, production time, shipping method, carrier operations, customs processing, and other circumstances.
Many NOXEN products are made to order. As a result, fulfillment time may be required before an order is shipped. Estimated delivery times may therefore include both production and transit time.
We will make reasonable efforts to process and deliver orders within the estimated timeframes communicated to you. However, delivery dates are not guaranteed unless we expressly agree to a specific guaranteed delivery date.
We are not responsible for delays caused by events outside our reasonable control, including carrier delays, customs inspections, severe weather, transportation disruptions, strikes, natural disasters, governmental actions, or other unforeseen events.
You are responsible for providing a complete and accurate shipping address at checkout. If an order cannot be delivered because the shipping information provided is incorrect, incomplete, or outdated, additional charges may apply if the order must be reshipped.
Where customs duties, import taxes, or other charges are imposed by the destination country, those charges are the responsibility of the customer unless we expressly state otherwise.
Risk of loss or damage to the goods remains with us until the goods are delivered into your physical possession, or into the possession of a person identified by you to receive them, except where applicable law provides otherwise.
If your order is lost, damaged in transit, or has not arrived within a reasonable period after the estimated delivery date, please contact us at contact@noxencommerce.com so that we can investigate the shipment and determine the appropriate resolution in accordance with our Refund Policy and applicable law.
Nothing in this section limits any mandatory rights you may have under applicable consumer protection laws.
SECTION 6 - INTELLECTUAL PROPERTY
The Services and all content made available through them, including, where applicable, the NOXEN name, logos, brand elements, product designs, artwork, graphics, photographs, images, videos, audio, text, website layout, and other materials created by or for NOXEN COMMERCE LTD, are owned by or licensed to NOXEN COMMERCE LTD and are protected by applicable copyright, trademark, design, and other intellectual property laws in the United Kingdom and other jurisdictions.
Third-party content, trademarks, logos, names, images, software, and other materials appearing through the Services remain the property of their respective owners and are used only as permitted by applicable law or licence.
Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Services for lawful personal and non-commercial purposes.
You must not, without our prior written permission, reproduce, copy, distribute, modify, adapt, create derivative works from, republish, publicly display, publicly perform, commercially exploit, sell, license, download for commercial use, or otherwise use any content owned by or licensed to NOXEN COMMERCE LTD, except where such use is expressly permitted by law.
Purchasing a NOXEN product does not transfer to you any intellectual property rights in the NOXEN brand, artwork, graphics, product designs, slogans, logos, or other protected materials. You may not reproduce, manufacture, distribute, sell, or commercially exploit copies or adaptations of such materials without our prior written permission.
Nothing in these Terms grants you any ownership interest, licence, or other right in any intellectual property belonging to NOXEN COMMERCE LTD, Shopify, our licensors, or any other third party, except for the limited right to use the Services expressly granted under these Terms.
The NOXEN name, logos, slogans, product names, designs, and other brand identifiers may constitute trademarks, trade names, design rights, or other intellectual property of NOXEN COMMERCE LTD or its licensors. They may not be used in a manner that is likely to cause confusion, imply endorsement, or infringe our rights without our prior written permission.
Shopify’s name, logos, trademarks, and other intellectual property belong to Shopify or its licensors. All other third-party names, logos, trademarks, and brand identifiers appearing through the Services remain the property of their respective owners.
Unauthorized use of the Services or any protected content may violate applicable intellectual property laws and may result in legal action.
All rights not expressly granted under these Terms are reserved by NOXEN COMMERCE LTD and the respective rights holders.
SECTION 7 - OPTIONAL TOOLS
From time to time, the Services may provide you with access to optional tools, applications, integrations, or services provided by third parties.
We do not necessarily monitor, control, or have input into the operation, content, availability, security, or performance of such third-party tools or services.
Any access to optional third-party tools is provided on an “as is” and “as available” basis and without any endorsement, representation, warranty, or condition by NOXEN COMMERCE LTD, except where expressly stated otherwise.
Your use of any third-party tool or service is at your own discretion and may be subject to separate terms, conditions, privacy policies, and other policies imposed by the relevant third-party provider. You are responsible for reviewing and understanding those terms before using the applicable tool or service.
To the fullest extent permitted by applicable law, NOXEN COMMERCE LTD is not responsible for any loss, damage, interruption, error, security issue, or other consequence arising solely from your use of or reliance on optional third-party tools or services that are outside our reasonable control.
Nothing in this section excludes or limits any liability or consumer rights that cannot lawfully be excluded or limited.
We may also introduce new features, tools, resources, integrations, or services through the Services in the future. Unless otherwise stated, such features will form part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to, integrations with, or content provided by websites, platforms, applications, services, or other resources operated by third parties.
NOXEN COMMERCE LTD does not control and is not responsible for the content, availability, accuracy, security, privacy practices, policies, or operation of third-party websites or services that are not operated by us.
The inclusion of a third-party link, integration, or reference does not necessarily constitute an endorsement, sponsorship, recommendation, or approval by NOXEN COMMERCE LTD.
If you choose to access or use a third-party website, service, product, or resource, your use may be governed by separate terms, conditions, and privacy policies established by the relevant third party. You should review those terms and policies before entering into any transaction or providing personal information.
To the fullest extent permitted by applicable law, NOXEN COMMERCE LTD is not responsible for losses, damages, disputes, or other consequences arising solely from your use of third-party websites, products, services, or content that are outside our reasonable control.
Any complaints, claims, concerns, or questions relating specifically to a third-party product, service, website, or transaction should be directed to the relevant third party.
Nothing in this section excludes or limits any liability or consumer rights that cannot lawfully be excluded or limited under applicable law.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
NOXEN is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with NOXEN. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NOXEN, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NOXEN.
SECTION 10 - PRIVACY POLICY
Our collection, use, disclosure, and protection of personal information in connection with the Services are described in our Privacy Policy, which forms part of these Terms of Service.
Our store is hosted and powered by Shopify. As part of providing the Services, Shopify may collect and process certain personal information relating to your access to and use of our store. Certain personal information may therefore also be processed in accordance with Shopify’s applicable privacy policies.
We may also share personal information with service providers and business partners where necessary to operate our store, process payments, fulfill and deliver orders, provide customer support, prevent fraud, comply with legal obligations, and provide other functions described in our Privacy Policy. These service providers may include Shopify, payment processors, fulfillment partners, shipping carriers, and other service providers used by NOXEN COMMERCE LTD.
Personal information may be processed or stored in countries other than the country in which you reside, subject to applicable data protection laws and the safeguards described in our Privacy Policy.
Please review our Privacy Policy carefully for more information about how NOXEN COMMERCE LTD, Shopify, and our service providers collect, use, disclose, retain, and protect personal information, as well as any rights that may be available to you under applicable law.
Nothing in this section limits any rights you may have under applicable privacy or data protection laws.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, review, or otherwise provide any ideas, suggestions, feedback, proposals, comments, reviews, photographs, or other content relating to the Services or our products (collectively, “Feedback”), you retain ownership of any rights you may have in that Feedback.
By providing Feedback, you grant NOXEN COMMERCE LTD a non-exclusive, worldwide, royalty-free, transferable, and sublicensable licence to use, reproduce, adapt, modify, publish, display, distribute, translate, and otherwise use such Feedback for the purposes of operating, improving, marketing, and promoting the Services and our products, subject to applicable law.
This licence applies only to the extent necessary for those purposes and does not transfer ownership of your Feedback to us.
You represent and warrant that:
(i) you own or otherwise have the necessary rights to provide the Feedback;
(ii) your Feedback is accurate to the best of your knowledge and is not misleading;
(iii) you have disclosed any material compensation, incentive, or commercial relationship connected with the Feedback where required by applicable law; and
(iv) your Feedback does not violate these Terms or the rights of any third party.
Your Feedback must not infringe any copyright, trademark, privacy, publicity, personality, confidentiality, or other legal or proprietary right of another person or entity. It must not contain unlawful, defamatory, abusive, threatening, obscene, fraudulent, deceptive, or malicious content, or any virus, malware, or harmful code.
You must not impersonate another person, use a false identity in a misleading manner, or misrepresent the origin of any Feedback.
We may, but are not obligated to, monitor, moderate, edit, refuse, restrict, or remove Feedback where we reasonably believe that it violates these Terms, applicable law, the rights of another person, or the integrity or security of the Services.
Unless otherwise agreed in writing, we are not required to treat Feedback as confidential, pay compensation for it, or respond to it.
To the fullest extent permitted by applicable law, NOXEN COMMERCE LTD is not responsible for Feedback submitted by users or other third parties that we did not create or control. Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information made available through the Services may contain typographical errors, inaccuracies, omissions, or technical errors relating to product descriptions, specifications, pricing, promotions, discounts, shipping charges, estimated delivery times, availability, or other information.
We reserve the right to correct such errors, inaccuracies, or omissions and to update or modify information at any time, subject to applicable law.
If an error materially affects an order you have already placed, including an obvious pricing error, incorrect product information, or product unavailability, we may contact you to provide the correct information and, where appropriate, offer you the option to proceed with the corrected order or cancel it.
Where we cancel an order because of an error, inaccuracy, omission, or product unavailability after payment has already been captured, we will refund the applicable amount to the original payment method.
We are not obligated to honor an obviously incorrect price or other material error where it would have been reasonable for a customer to recognize that the information was incorrect.
Nothing in this section limits any rights or remedies available to you under applicable consumer protection laws.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes and in accordance with these Terms.
You may not access, use, or attempt to use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, deceptive, abusive, or malicious purpose;
(b) in violation of any applicable international, national, regional, state, provincial, or local law, regulation, rule, or legal requirement;
(c) to infringe, misappropriate, or otherwise violate the intellectual property, privacy, confidentiality, publicity, or other legal rights of NOXEN COMMERCE LTD or any third party;
(d) to harass, threaten, abuse, intimidate, defame, impersonate, or otherwise harm any person or entity;
(e) to submit, transmit, publish, or distribute information that is knowingly false, misleading, fraudulent, or deceptive;
(f) to upload, transmit, distribute, or introduce viruses, malware, malicious code, harmful scripts, or other technology intended to interfere with, damage, disable, disrupt, or compromise the Services or any related systems;
(g) to send or facilitate unsolicited advertising, spam, phishing messages, chain letters, bulk communications, or other unauthorized promotional material;
(h) to impersonate any person or entity, falsely claim an affiliation, or misrepresent your identity or the origin of any communication;
(i) to collect, harvest, scrape, extract, monitor, or track personal information or other data from the Services without authorization;
(j) to reproduce, duplicate, copy, extract, sell, resell, commercially exploit, or otherwise use any part of the Services or our protected content except as expressly permitted by these Terms or applicable law;
(k) to interfere with, bypass, circumvent, defeat, or attempt to defeat any security, authentication, access-control, rate-limiting, robot-exclusion, fraud-prevention, or other technical measure used in connection with the Services;
(l) to use any robot, spider, scraper, crawler, automated data-gathering tool, artificial intelligence system, agentic AI, automated process, or similar technology to access or interact with the Services, except where such use is expressly permitted under Section 14, authorized by us in writing, or otherwise permitted by applicable law; or
(m) to engage in any conduct that materially interferes with or restricts another person’s use of the Services, compromises the security or integrity of the Services, or exposes NOXEN COMMERCE LTD, Shopify, our service providers, or users to legal, operational, or security risk.
We reserve the right to investigate suspected violations of these Terms and, where reasonably necessary, to restrict, suspend, or terminate access to the Services or an account where we reasonably believe that a violation, fraud, security threat, unlawful activity, or material misuse has occurred.
Where reasonably practicable and required by applicable law, we may provide notice of such action. Nothing in this section limits any rights or remedies available to us under applicable law.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable, deploy, or cause an Agent to access, use, or interact with any part of the Services.
For the purposes of these Terms, an “Agent” means any software, artificial intelligence system, automated service, or other technology that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity, including where such actions are performed without continuous direct human supervision.
14.2 Subject to Section 13, an Agent may access or interact with the Services only where such access is permitted by these Terms, authorized by NOXEN COMMERCE LTD, or otherwise permitted by applicable law.
An Agent must identify itself accurately and comply with the requirements set out in Section 14.4. No Agent may access, use, or interact with the Services where we have expressly requested that such Agent, or the person or entity operating it, refrain from doing so.
14.3 We may use reasonable technical, security, access-control, rate-limiting, or other measures to manage, restrict, or prevent Agent access to the Services in order to protect the security, availability, performance, integrity, or lawful operation of the Services.
14.4 Any Agent accessing or interacting with the Services must:
(i) clearly identify that the request or interaction is being made by an automated Agent and, where technically applicable, disclose the name or identifier of the Agent in its user-agent string or other appropriate technical identifier;
(ii) not conceal, misrepresent, or obscure the fact that an interaction is automated;
(iii) not imitate human behaviour for the purpose of bypassing technical restrictions, access controls, CAPTCHAs, or other measures intended to distinguish automated activity from human activity;
(iv) respond truthfully to any reasonable mechanism designed to determine whether an interaction originates from a human user or an automated system;
(v) not circumvent, avoid, disable, or interfere with any measure intended to block, limit, regulate, or control automated access to the Services; and
(vi) comply with all applicable laws, these Terms, and any reasonable technical instructions or restrictions communicated by NOXEN COMMERCE LTD.
14.5 If you authorize, deploy, or use an Agent in connection with the Services, you are responsible for its activities to the extent permitted by applicable law, including ensuring that it complies with these Agent Terms.
We reserve the right to restrict, suspend, or block Agent access where we reasonably believe that such access violates these Terms, creates a security or operational risk, or is unlawful.
SECTION 15 - TERMINATION
We may suspend, restrict, or terminate your access to all or part of the Services where we reasonably believe that you have violated these Terms, engaged in fraudulent, unlawful, abusive, or harmful activity, created a security or operational risk, failed to make required payments, or otherwise misused the Services.
Where reasonably practicable and required by applicable law, we may provide notice of any suspension or termination. In urgent circumstances, including suspected fraud, security threats, unlawful activity, or material misuse of the Services, we may take immediate action without prior notice.
You may stop using the Services at any time. If you have an account, you may request account closure by contacting us, subject to any legal, regulatory, accounting, fraud-prevention, or record-retention obligations that require us to retain certain information.
Termination or suspension of access does not affect any rights, obligations, payments, refunds, orders, or liabilities that arose before the effective date of termination.
Any outstanding amounts lawfully due to NOXEN COMMERCE LTD remain payable after termination.
Where an order has already been accepted before termination, we may continue to process and fulfill that order unless it is cancelled in accordance with these Terms, our Refund Policy, or applicable law. If we cancel an order for which payment has already been captured, any refund due will be processed in accordance with these Terms and applicable law.
The provisions of these Terms that by their nature are intended to survive termination will continue to apply after termination, including provisions relating to Intellectual Property, Feedback, Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and any accrued rights or obligations.
SECTION 16 - DISCLAIMER OF WARRANTIES
Information made available through the Services is provided for general informational purposes. We make reasonable efforts to keep information accurate, current, and complete, but we do not guarantee that all information will be free from errors, omissions, or inaccuracies at all times.
You should review product descriptions, specifications, sizing information, shipping information, and other relevant details before making a purchase.
We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free. From time to time, access to the Services may be interrupted or affected by maintenance, updates, technical issues, third-party service providers, network failures, or circumstances outside our reasonable control.
To the extent permitted by applicable law, we make no warranties or representations regarding matters that are not expressly stated in these Terms, the applicable product description, or information provided to you before purchase.
However, nothing in these Terms excludes, restricts, or limits any statutory rights, warranties, guarantees, or remedies that cannot lawfully be excluded or limited.
In particular, where applicable consumer law requires goods to be of satisfactory quality, fit for their intended purpose, and as described, those rights continue to apply to products purchased from NOXEN COMMERCE LTD.
Nothing in this section affects your rights in relation to products that are faulty, damaged, unsafe, not as described, or otherwise fail to meet mandatory legal requirements.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.
In particular, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability relating to goods that are faulty, unsafe, not as described, or otherwise subject to mandatory consumer rights.
Subject to the above, NOXEN COMMERCE LTD will not be responsible for losses that were not reasonably foreseeable at the time the contract was formed, or for losses arising from circumstances outside our reasonable control.
Where you use the Services as a consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these Terms or our failure to exercise reasonable care and skill.
We are not responsible for business losses, including loss of profits, revenue, business opportunity, goodwill, anticipated savings, or commercial interruption, where you purchase or use the Services primarily for personal or household purposes.
To the fullest extent permitted by applicable law, we are not responsible for loss or damage arising solely from:
(a) your misuse of the Services or products;
(b) information, instructions, or shipping details that you provide incorrectly;
(c) third-party services or systems outside our reasonable control;
(d) unauthorized access resulting from your failure to protect your account credentials; or
(e) events outside our reasonable control.
Nothing in this section limits any statutory rights or remedies available to you under applicable consumer protection law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you will be responsible for losses, damages, liabilities, claims, or reasonable costs incurred by NOXEN COMMERCE LTD as a direct result of:
(a) your material breach of these Terms;
(b) your unlawful, fraudulent, or malicious use of the Services;
(c) your infringement of the intellectual property, privacy, or other legal rights of a third party; or
(d) content, materials, or information submitted by you through the Services where such content gives rise to a valid third-party claim.
This responsibility applies only to the extent that the relevant loss, damage, liability, claim, or cost was reasonably foreseeable and directly caused by your conduct.
If a third-party claim arises for which you may be responsible under this section, we will make reasonable efforts to notify you and provide relevant information about the claim.
We will not agree to any settlement that imposes a material non-monetary obligation on you without your reasonable consent.
Nothing in this section requires you to indemnify NOXEN COMMERCE LTD, Shopify, or any other party for losses caused by their own negligence, breach of law, misconduct, or breach of these Terms.
Nothing in this section excludes or limits any rights or protections available to you under applicable consumer law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
If any portion of that provision cannot be enforced, the unenforceable portion will be deemed severed from these Terms.
The remaining provisions of these Terms will continue in full force and effect and will not be affected by the invalidity or unenforceability of any other provision.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision under these Terms, that does not constitute a waiver of that right or provision.
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and NOXEN COMMERCE LTD regarding your use of the Services and your purchases through the Services.
These Terms supersede any prior or contemporaneous agreements, communications, representations, or proposals relating to the same subject matter, whether oral or written, except where otherwise required by applicable law.
Nothing in this section limits or excludes any rights, remedies, representations, or protections that cannot lawfully be excluded under applicable consumer law.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms without our prior written consent, except where such transfer is permitted by applicable law.
We may assign, transfer, or delegate our rights and obligations under these Terms to an affiliate, successor, purchaser of our business or assets, or another entity in connection with a merger, acquisition, restructuring, financing, or sale of all or part of our business.
Any such transfer will not reduce or adversely affect your mandatory rights under applicable consumer law.
Where required by applicable law, or where a transfer materially affects your rights or obligations, we will provide reasonable notice.
Nothing in this section prevents either party from exercising any right that cannot lawfully be restricted or transferred under applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of England and Wales.
If you are a consumer, you will continue to benefit from any mandatory protections provided by the laws of the country in which you are habitually resident where such protections apply and cannot lawfully be excluded by agreement.
Nothing in these Terms limits any right you may have under applicable consumer law to bring proceedings in a court or jurisdiction available to you by law.
Subject to any mandatory consumer rights regarding jurisdiction, the courts of England and Wales shall have jurisdiction over disputes arising out of or in connection with these Terms or the Services.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience and reference only and do not affect the meaning, interpretation, or enforceability of any provision.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We may update, revise, or replace these Terms from time to time to reflect changes in our Services, business practices, legal or regulatory requirements, or other operational needs.
Where changes are material, we will provide reasonable notice in accordance with applicable law, including by posting an updated version of these Terms on the website and, where appropriate, providing additional notice through the Services or by email.
Any updated Terms will become effective on the date specified in the applicable notice or, if no date is specified, when they are posted, except where applicable law requires a different effective date or additional notice.
Changes to these Terms will not apply retroactively to completed purchases unless required by law or expressly agreed by you.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of those changes to the extent permitted by applicable law.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at contact@noxencommerce.com.
Our contact information is:
Trading name: NOXEN
Legal business name: NOXEN COMMERCE LTD
Company Registration Number: 17392711
Registered in: England and Wales
Registered office address: Office 1557, 60 Tottenham Court Road, London, W1T 2EW, United Kingdom
Email: contact@noxencommerce.com
Phone: +44 7400 760373
Website: https://www.noxencommerce.com