Terms of Service

OVERVIEW

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

The following terms and conditions, together with any policies referenced here, describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your rights and cover areas such as disclaimers of warranties 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 the Privacy Policy, you should not access or use our Services.

1. ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are of legal age according to the laws of your country or region of residence and that you have given us permission to allow any of your minor dependants to use the Services on devices owned, purchased or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are fully responsible for the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

2. OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that the actual colours or appearance of products may differ from what is shown on your screen due to the type, settings and configuration of the device you use to access the store.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly as shown or described in our online stores.

All product descriptions may be changed at our discretion at any time without prior notice. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region or jurisdiction on a case-by-case basis.

3. ORDERS

By placing an order, you make an offer to purchase. Noytte reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not considered accepted until Noytte confirms its acceptance. Before accepting your order, we must receive and process your payment.

Please review your order carefully before placing it, as Noytte may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify or cancel your order, we will try 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 Return Policy [LINK].

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

4. PRICES AND BILLING

Prices, discounts and promotions may be changed without notice. The price of a product or service is the price in effect at the time the order is placed and is stated in your order confirmation email. Unless expressly stated otherwise, the listed prices do not include government charges, shipping, handling, customs or import fees.

Prices shown in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions for the Services that may affect pricing and that are subject to separate terms. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.

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 account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.

You represent and warrant that:
(i) the credit card information you provide is true, accurate and complete;
(ii) you are duly authorised to use such credit card for the purchase;
(iii) your credit card company will process the charges incurred by you;
(iv) you will pay the charges incurred according to the listed prices, including shipping and handling costs and any applicable government charges.

5. SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays where such delays are caused by circumstances beyond our control. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs procedures or other circumstances beyond our control.

The risk of accidental loss or accidental deterioration of the goods passes to the customer only when the goods are handed over to the customer or to a person authorised by the customer to receive them.

6. INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio recordings, as well as their design, selection and arrangement, are owned by Noytte, its affiliates or licensors and are protected by intellectual property laws.

These Terms allow you to use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services.

Except as expressly stated here, nothing in these Terms grants or may be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Noytte, Shopify or any third party. Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted here are reserved by Noytte.

The Noytte name, logos, product and service names, designs and slogans are trademarks of Noytte or its affiliates or licensors. You may not use such trademarks without the prior written consent of Noytte. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans used in the Services are trademarks of their respective owners.

7. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties, which are considered part of the Services and which we do not monitor, control or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranties, representations or conditions and without any endorsement. We accept no liability arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered on the website is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider.

In the future, we may also offer new features through the Services, including new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

8. THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for checking or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damage or loss related to your access to third-party websites or to any products, services, resources or content purchased or used on third-party websites. Please carefully review third-party policies and practices before making any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be addressed directly to the third parties.

9. RELATIONSHIP WITH SHOPIFY

Noytte is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases in our store are made directly with Noytte.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Noytte, including any injuries, damages or losses arising from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Noytte.

10. PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which you can review here: [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read these privacy policies.

Because the Services are provided on the Shopify platform, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services. Information you provide to the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, in order to provide the Services to you. More information about how we, Shopify and our partners use your personal data can be found in our Privacy Policy [LINK].

11. FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, recommendations, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use.

For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, fulfil our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:
(i) you have all necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received for the Feedback provided;
(iii) your Feedback complies with these Terms.

We are not obligated to:
(1) keep your Feedback confidential;
(2) pay compensation for your Feedback;
(3) respond to your Feedback.

We may, but are not required to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, degrading, pornographic, obscene or otherwise unacceptable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personal rights or other personal or property rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, offensive or obscene content, and will not contain computer viruses or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback. You are fully responsible for any Feedback you submit and for its accuracy. We accept no responsibility or liability for Feedback posted by you or by third parties.

12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally, the Services may contain information that includes typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right at any time and without prior notice, including after an order has been placed, to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information is inaccurate.

13. PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not directly or indirectly access or use the Services:

(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state or local laws, regulations, rules or ordinances;
(c) to infringe our intellectual property rights or those of others;
(d) to harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person;
(e) to submit false or misleading information;
(f) to send, knowingly 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 spam, chain letters or any similar communication;
(h) to impersonate or attempt to impersonate any other person or entity;
(i) to engage in any activity that restricts or interferes with anyone’s use or enjoyment of the Services, or that, in our opinion, may harm Noytte, Shopify or users of the Services or expose them to liability.

You also agree:

(a) not to upload or transmit viruses or any other malicious code;
(b) not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
(c) not to collect or track the personal data of others;
(d) not to send spam, phish, pharm, pretext, crawl, scrape or perform automated searches or data extraction;
(e) not to interfere with or bypass 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 without notice if we determine that you have violated any part of these Terms.

14. TERMINATION

We may, at our sole discretion, terminate this agreement or your access to the Services, or any part of them, at any time without notice. You will remain responsible for all amounts due up to and including the date of termination.

The following provisions will survive 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 provisions that by their nature should survive termination.

15. DISCLAIMER OF WARRANTIES

The information presented in or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Noytte, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any express or implied representations, warranties or conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not warrant, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or prohibit the disclaimer of implied or other warranties, so the above limitation may not apply to you.

16. LIMITATION OF LIABILITY

To the extent permitted by law, under no circumstances shall Noytte, Shopify or their affiliates, partners, directors, officers, employees, representatives, contractors, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages.

This applies whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of the Services or any product purchased through the Services, or for any other claim related in any way to your use of the Services or any product, including any errors or omissions in any content, or any loss or damage incurred as a result of using the Services or any content or product posted, transmitted or otherwise made available through the Services, even if advised of the possibility of such damages.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Noytte, Shopify and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties due to:

(1) your breach of these Terms of Service or the documents referenced in them;
(2) your violation of any law or third-party rights;
(3) your access to and use of the Services.

We will notify you of any indemnification claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure. We may control the defence and settlement of such claim at your expense, including selecting legal counsel, but we will not settle any claim imposing non-monetary obligations on you without your consent, which may not be unreasonably withheld. You will cooperate in the defence of indemnification claims, including by providing relevant documents.

18. SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, such provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. This will not affect the validity and enforceability of any remaining provisions.

19. WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted on this website or in connection with the Services constitute the entire agreement between you and us and govern your use of the Services, replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including 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.

20. ASSIGNMENT

You may not transfer, assign or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

21. GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services are governed by and interpreted in accordance with the laws of the jurisdiction in which Noytte is established.

You and Noytte agree to the venue and personal jurisdiction of the competent courts in that jurisdiction.

22. HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

23. CHANGES TO THE TERMS OF SERVICE

You can review 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, supplement or change any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted means that you accept those changes.

24. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:
info@noytte.com

Our contact information:

Noytte MB
info@noytte.com
Europos pr. 34-47, LT-46370 Kaunas, Lithuania
+37060146680
Company code: 307302470
VAT number: LT100018656913