Terms of service

Welcome to Onde Noire! The terms "we," "us," and "our" refer to Onde Noire. Onde Noire operates this store and website—including all associated information, content, features, tools, products, and services—to provide you, the customer, with a personalized shopping experience (the "Services"). Onde Noire uses the Shopify platform, which enables us to offer you the Services.

The terms and conditions below, along with the policies referenced therein (the "Terms of Use" or "ToU"), outline your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

Article 1 – Access and Account
By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and you consent to allow your minor children 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 details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you possess all necessary rights to provide such information. You are solely responsible for the security of your account credentials and for any activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

Article 2 – Our Products
We have made every effort to accurately display our products and services in our online stores. Please note, however, that product colors or appearance may differ from what is shown on your screen due to the type of device used to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is presented or displayed 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 products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Article 3 – Orders
When you place an order, you are making an offer to purchase. Onde Noire reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is considered accepted only upon written confirmation from Onde Noire. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as Onde Noire may not be able to accommodate cancellation requests once the order has been confirmed. In the event that your order is refused, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange conditions in accordance with our Refund Policy. You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.

Article 4 – Prices 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 of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, delivery fees, preparation fees, customs duties, or import charges.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time, we may offer promotions on our Services that affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you as needed.
You represent and warrant that: (i) your credit card information is accurate, correct, and complete; (ii) you are authorized to use that card for the purchase; (iii) the charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the displayed prices, including delivery and processing fees, as well as any applicable taxes.

Article 5 – Shipping and Delivery
We cannot be held liable for shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, ownership and the risk of loss are transferred to you.

Article 6 – Intellectual Property
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Onde Noire, its subsidiaries, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms authorize you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right regarding any patent, trademark, copyright, or other intellectual property of Onde Noire, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Onde Noire.
Onde Noire’s names, logos, product and service names, designs, and slogans are trademarks of Onde Noire, its subsidiaries, or its licensors. You may not use them without Onde Noire’s prior written permission. 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 the trademarks of their respective owners.

Article 7 – Optional Tools
You may be required to use third-party tools as part of the Services; we do not monitor these tools, nor do we have any control over or input into them. You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without warranties, representations, or conditions of any kind and without any endorsement by us. We shall have no liability whatsoever 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. It is your responsibility to ensure that you are familiar with and approve of the terms on 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 shall be considered an integral part of the Services and shall be subject to these Terms of Use.

Article 8 – Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damages related to your access to third-party websites, or the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the third parties' policies and practices and ensure you understand them before engaging in any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

Article 9 – Relationship with Shopify
Onde Noire is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is conducted directly with Onde Noire. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Onde Noire, including any damages, harm, or losses resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with Onde Noire.

Article 10 – Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to 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 the services. Please consult our Privacy Policy for further details on how we, Shopify, and our partners use your personal information.

Article 11 – Feedback
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or hold all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; (3) to respond to your Feedback.
We may, without obligation, monitor, edit, or remove any Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe upon any third-party rights, including copyright, trademark, data protection, rights of publicity, or other personal or proprietary rights. Furthermore, you agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene material, nor any computer viruses or malicious software capable of affecting the operation of the Services or any related website. You are prohibited from using a false email address, impersonating another person, or misleading us or third parties regarding the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and cannot be held responsible for Feedback posted by you or by a third party.

Article 12 – Errors, Inaccuracies, and Omissions
The Services may occasionally contain information that includes typographical errors, inaccuracies, or omissions, particularly regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change 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).

Article 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state, or local regulation, rule, or law; (c) in a manner that infringes upon the intellectual property rights of Onde Noire, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or cause injury to any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including "spam," "chain letters," "junk mail," or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our judgment, may harm Onde Noire, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, or pretexting practices via the Services; (e) use robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent, or disable security or authorization features, robot exclusion headers, or any other measures we implement to restrict access to the Services. 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 provision of these Terms.

Article 14 – Agents
14.1 This section (“Agent Terms”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or under the instruction of, a person or entity, and capable of running on a device owned or used by a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the terms set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit—including through technical measures—the ability of an Agent to access, use, and interact with the Services, as well as the manner in which it does so.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or mask the fact that the access, use, or interactions originate from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agents' access to, use of, or interactions with the Services.

Article 15 – Termination
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You shall remain liable for all amounts due up to and including the date of termination.
The following articles shall remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision that by its nature is intended to survive termination.

Article 16 – Exclusion of Warranties
The information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties regarding the consequences arising from the use of such information by you, any other visitor to the Services, or any person informed of its content.
Unless expressly stated by Onde Noire, the Services and all products offered through them are provided on an "as is" and "as available" basis for your use, without any warranties, representations, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so this exclusion may not apply to you.

Article 17 – Limitation of Liability
To the maximum extent permitted by law, in no case shall Onde Noire, our partners, officers, directors, employees, affiliates, agents, contractors, service providers, or licensors—nor those of Shopify and its affiliates—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 obtained through the Services, or for any other claim related in any way to your use of the Services or any product, including, without limitation, 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.

Article 18 – Indemnification
You agree to indemnify, defend, and hold harmless Onde Noire, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim—including reasonable attorney’s fees—made by a third party arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity; however, a failure to provide prompt notice shall not relieve you of your obligations unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.

Article 19 – Severability
In the event that any provision of these Terms of Use is deemed illegal, void, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such a determination shall not affect the validity or enforceability of the remaining provisions.

Article 20 – Waiver; Entire Agreement
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Article 21 – Assignment
You may not delegate, transfer, or assign this Agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.

Article 22 – Governing Law
These Terms of Use, as well as any separate agreement whereby we provide you with the Services, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Onde Noire has its registered office. You and Onde Noire expressly consent to the territorial and personal jurisdiction of such courts.

Article 23 – Headings
The headings used in this Agreement are inserted for convenience and shall neither affect nor limit the interpretation of these Conditions.

Article 24 – Modification of the Terms of Use
You may view the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of changes to these Terms constitutes acceptance of those changes.

Article 25 – Contact Information
For any questions regarding these Terms of Use, please contact us at the following address: contact@ondenoire.com.