TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE NOCTA PLATFORM. PLEASE, NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. PURCHASES MADE IN AUSTRALIA, CANADA, EGYPT, INDIA, INDONESIA, ISRAEL, MALAYSIA, MEXICO, MOROCCO, NEW ZEALAND, PHILIPPINES, PUERTO RICO, RUSSIA, SAUDI ARABIA, SINGAPORE, SOUTH AFRICA, TAIWAN, THAILAND, UNITED ARAB EMIRATES, AND VIETNAM ARE GOVERNED BY DIFFERENT TERMS.
If you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these terms of sale or by clicking on the country reference link. These additional terms override the Terms below to the extent of any inconsistency.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age in your country and a consumer.
NO PURCHASE FOR RESALE
The Platform is intended solely for NOCTA to sell NOCTA products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of NOCTA product by someone who resells, or intends to resell, the NOCTA product to others (consumers, businesses or any third party). If NOCTA believes you are involved in purchase for resale, NOCTA reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
HOW TO ORDER
You need an e-mail address or phone number to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping bag and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 12 calendar days after acceptance of your order;
- we believe you are under the legal age in your country;
- we believe that you are a reseller;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below); or
- in the event of misspelling, pricing or other errors or mistakes in the Platform information.
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
TITLE TRANSFER & RISK OF LOSS
With the exception of products picked up at Nocta-branded stores, the title and risk of loss for products purchased from Nocta pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at Nocta-branded stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
You can find the available payment methods for each country in the checkout section of Nocta.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
Except with respect to pre-ordered products, if you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified
PRICES AND CURRENCY
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.
Prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
CASH ON DELIVERY (COD)
If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made.
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. Please refer to the help section of the Website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.
Where possible, we try to deliver all items which you have ordered at the same time. However, please note that due to the fact that customized products are manufactured at different factories, an order for multiple customized products may result in split shipments.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
RETURNS & CANCELLATIONS
CANCELLING ORDER BEFORE DELIVERY
All sales are final unless there was an issue with wrong size shipped or damage of goods.
Customized orders cannot be cancelled before shipment, because we start building the customized products immediately after receiving the order. You are however entitled to return your order in accordance with the return procedures and conditions below.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see the help section of the Website.
All sales are final but in the event customer service has issued a refund they will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:
Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
If you are located in one of the following countries, the additional terms below will apply and override any inconsistent terms above.
The section above titled “PAYMENT PROCESSING” is modified by adding the following new section:
The section above titled “RETURNS & CANCELLATIONS: CANCELLING ORDER BEFORE DELIVERY” is modified by adding the following new section:
- where the goods have been destroyed or damaged due to a cause attributable to you;
- where the value of the goods has substantially decreased due to a cause attributable to you;
- where the value of the goods has substantially decreased to cause difficulty in resale due to the elapse of time;
- where the package of the reproducible goods has been destroyed; or
- where the cancellation of orders for goods that are expected to cause significant and unrecoverable loss to Nocta – such as customized goods produced specifically for you pursuant to your order – and where this fact has been provided to you in advance concerning the subject transaction and your consent has been obtained in writing (including in electronic format).”
Date of Last Revision: December 2020
please read this document carefully before you access or use the website. by accessing the website, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, please do not access our website.
- your agreement. these terms govern: (i) your use of the website, (ii) your receipt of and participation in Nocta’s services offered through the website (the "services"), (iii) your provision of information in connection with using the website (collectively, the "user content "); and (iv) your use of information obtained through the website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by cactus plant flea market or its licensors and made available to you through the website (collectively, the "Nocta content"). please read these terms carefully; they impose legal obligations on you and on Nocta, and establish our legal relationship. by accessing our website, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.
- ownership; reservation of rights.the information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the website, services, or the Nocta content, are the proprietary property of Nocta and its licensors, and are protected by u.s. and international copyright and other intellectual property laws, or are used under the principles of fair use. Nocta and its licensors retain all rights with respect to the website, services, and the Nocta content except those expressly granted to you in these terms. you agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the site and/or through the services unless specifically authorized in writing by Nocta.
- grant of rights
- grant of rights to Nocta in user content.by submitting user content when participating in the services, uploading files, or otherwise (if such features are available to you), you grant Nocta the right to use, copy, reformat, index, modify, display, and distribute your user content for the purposes of providing our services. no compensation will be paid with respect to Nocta’s use of your user content under this grant. you represent and warrant that you own all rights needed to provide the grant set out in this section a (grant of rights to Nocta in user content).
- code of conduct. as a condition to your use of the website and the services, you agree to follow our code of conduct, set out below. under this code, you will not:
- upload, email, or otherwise transmit any images or other user content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.
- disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
- submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the internet). these electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. these materials may not be transmitted over the website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- transmit material that contains viruses, trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- use the website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these terms.
- use the website in a manner that could disable, overburden, or impair the website or services, or interfere with any other party's use and enjoyment of the website and services, such as through sending "spam" email.
- use the website to test or reverse engineer the website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the website.
- use the website for any purpose that is unlawful or prohibited by these terms. for example, you will not use the website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
- although we have no – and assume no – obligation to monitor activities on the website, please understand that we may employ filters designed to detect and block inappropriate content under this code of conduct. we reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our code of conduct. if you do not remove objectionable content in response to our reasonable requests, we will terminate your use of some or all of the services at issue.
- reports and complaints. if you believe that a user has acted inappropriately, such as by violating our code of conduct, you may report your concerns by contacting us in accordance with section 23 (contact us).
- user conduct; user disputes.Nocta is not responsible for and is not liable for user content or user conduct. you are solely responsible for your user content, conduct, and interaction with other site visitors, both online and offline. we have no obligation to become involved in disputes between site visitors. if you have a dispute with one or more site visitors, you release Nocta (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- terms and conditions of products.
- “product(s)” shall mean any goods purchased through this site, and any subdomains.
- Nocta may change the product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. these changes will not affect the client's use of the product.
- products offered are intended for personal use. Nocta reserves the right to refuse to sell products to you if it reasonably appears to us that you intend to resell such products. verification of information may be required prior to our acceptance of any order. we further reserve the right to limit quantities of products purchased by each customer or to refuse to provide any customer with any such products. your properly completed and delivered order form through the site constitutes your offer to purchase the goods or services referenced in your order. your order will be deemed to be accepted only if and when Nocta sends an order acceptance and shipping notice email to your email address.
- Nocta endeavors to be accurate when describing and displaying products on the services. however, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the services or our advertising on other websites). certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the services. as a result, and as set forth in the “disclaimers” section below, Nocta does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the services, including prices, product images, descriptions, specifications, and indications of availability. Nocta reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- product pricing.
- the price for all goods will be as quoted on the services. the prices displayed on the services are quoted in u.s. dollars. prices and availability information are subject to change without notice. prices do not include sales tax (and for international sales value added tax, customs and duties), where applicable, or delivery costs, both of which you agree to pay upon ordering. Nocta reserves the right, at any time, to change its prices and billing methods for products sold, effective immediately upon posting on the site or by electronic communications to you.
- if shipping costs are charged, these will be clearly stated on the site before purchase. the shipping costs will be displayed separately in the ordering process.
- Nocta’s pricing and the availability of the product can change at any time without notice. prices indicated are in u.s. dollars and we will indicate to you any other applicable shipping charges and taxes prior to your purchase. by your purchase, you agree to indemnify and hold Nocta harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes for which you may be liable.
- order process, payment, and electronic communications.
- if you place any orders for products on the site, you are expressly agreeing that Nocta is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Nocta you agree that the fees will be billed to your payment card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. all billing information must match the shipping address, no exceptions. no orders, billing information, or purchases made by a customer outside the united states (and in those instances identified in the products listing, those excluded states within the united states) will be accepted, or processed. if payment is not received or cannot be charged to your payment card for any reason in advance of shipping your order, Nocta reserves the right to either suspend or terminate your order.
- all orders placed by you are subject to acceptance by Nocta and all items are subject to availability. order processing may take between 1 to 7 days (not including weekends or holidays) and sometimes longer, depending upon volume of orders. special product orders (including limited editions, and pre-order offers) may contain additional terms, of which will be provided for each respective product. please read product sales terms listed for each product carefully before placing your order.
- acknowledgement of your order means that Nocta has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Nocta may in its discretion require additional verification or information before accepting any order.
- Nocta reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these terms and conditions; or actual or suspected fraud or abuse.
- by using the site, you consent to receiving electronic communications from Nocta. these electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our site and services. these electronic communications are part of your relationship with Nocta and you receive them as part of your product order. you agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- risk of loss. all purchases through the services are made pursuant to a shipment contract. this means that the risk of loss and title for such items pass to you upon Nocta’s delivery of such items to the shipping carrier. except as expressly set forth in these terms and conditions, you are solely responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
- shipping and returns/exchanges. any estimated arrival or delivery date provided by Nocta is not a guarantee. although Nocta will make reasonable effort to meet estimated dates, delivery of the product may take more or less time than estimated and Nocta disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. if Nocta is unable to deliver the products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. in such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any products paid for but not received. you acknowledge and agree that Nocta shall not be liable for, or otherwise obligated to approve or accept any cancellations or refunds requests from you related to any: (i) pre-order products; (ii) limited edition products; (iii) final sale products; (iv) custom order products; (v) products that have produced and/or shipped prior to such cancellation and/or refund request; and (vi) those products subject to additional terms and conditions identified in their respective products listing.
- if the ordered product is out of stock or can no longer be supplied for any other reason, Nocta may elect to cancel the order by notifying you in writing, and refund your purchase.
- Nocta does not authorize the sale of products by unauthorized resellers and does not sell or supply products to unauthorized resellers. an order placed by an unauthorized reseller will be rejected without stating reasons and the such unauthorized customer may be excluded by Nocta from the site.
- if a delivered product fails to comply with this limited warranty, you must notify Nocta thereof within five (5) days. you can submit a complaint by email or in writing. the contact details of Nocta are provided at the end of this terms and conditions and limited warranty policy. Nocta will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. if Nocta is unable to formulate a substantive response to the complaint within such period, Nocta will confirm receipt of the complaint and give an indication of the time within which it expects to be able to give you a substantive or definitive response. the warranty liability of Nocta is limited to your purchase price for the product unless otherwise prohibited by law.
- please note: only items purchased by the original purchaser onnocta.com may be accepted by Nocta for return. if you purchased your products from one of our authorized retailers, please contact them for assistance.
- all returns fromnocta.com must be accompanied by all original product components in the original packaging, sealed, unused and undamaged by the original purchaser. Nocta the right to inspect any return and to limit returns if we have reason to suspect misuse of our returns policy (such as excessive returns, reseller activity, or fraud).
- if you purchase a product from an unauthorized reseller, the warranty is not valid, and Nocta has no warranty obligation of any kind. please be aware that there are some websites or dealers (e.g. ebay, amazon, etc.) who claim to be authorized resellers but are not. products sold on these websites or from these dealers do not carry a warranty from Nocta. when you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. please ensure that you only purchase products through the site or from an authorized reseller. if you have any questions about authorized resellers, please contact us. this disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
- Nocta reserves the right to repair, replace or (partially) refund the cost of a product. Nocta will only pay the costs of return and other shipping costs in case of defective or misdescribed products. these rights shall only apply to the original purchaser.
- limited warranty and disclaimer.Nocta does not promise that the website, products, or services will be error-free or uninterrupted. the website and all services and content within it are delivered on an "as is" and "as available" basis. when you access the website, you do so at your own risk. Nocta does not warrant or represent that materials you download from the site will be free of viruses or other harmful features.
- Nocta disclaims: (i) all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose; (ii) any responsibility or liability for the accuracy, content, completeness, or legality of information available through the website; and (iii) any responsibility or liability for harm resulting from downloading or accessing information through the website, including harm caused by viruses or similar destructive features. you expressly agree that use of the website and related services and content is at your sole risk.
- limitation of liability.under no circumstances including, but not limited to, breach of contract, tort, or negligence, will Nocta be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including lost profits) that arise out of or are related to your use of the website and related services and content.
- you agree to defend, indemnify, and hold Nocta and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these terms.
- force majeure. notwithstanding any other provision of these terms and conditions and limited warranty, neither party will be liable to the other party for any delay in performing or failure to perform any of its obligations under this agreement to the extent performance is delayed or prevented due to force majeure. "force majeure" will mean causes that are beyond the reasonable control of the party claiming force majeure and that could not have been avoided or prevented by reasonable foresight, planning or implementation by the party claiming force majeure, including without limitation: (a) any act of god, fire, explosion, lightning, storm, flood, earthquake, or accident; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labor shortages, strikes, lock-outs, or other labor, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, pandemic, plagues, or quarantine restrictions; or (e) failure, malfunction or unavailability of power, telecommunications, data communications, or related services. any delay or failure of this kind will not be deemed to be a breach of these terms and conditions and limited warranty and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances. a party claiming the benefit of this clause will use reasonable efforts to mitigate the effect of any of the events or circumstances referred to above and will promptly advise the other party of the date by which its performance may reasonably be expected to resume.
- arbitration & class action waiver.
- if a dispute arises between you and Nocta, we would like to talk to you about it. contact us at the address at the end of these terms and limited warranty. if we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. please read this section carefully as it affects your legal rights.
- agreement to binding arbitration and class action waiverexcept for disputes that qualify for small claims court, all disputes arising out of or related to these terms and conditions and limited warranty or use of the product or any aspect of the relationship between you and Nocta, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Nocta and you are each waiving the right to trial by a jury. such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. all such matters will be decided by an arbitrator and not by a court or judge.
- you agree that any arbitration under these terms of sale and limited warranty will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
- opt-out of arbitration agreement. you may opt out of this agreement to arbitrate by mailing email@example.com with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
- arbitration procedures.the arbitration will be administered by the american arbitration association under its consumer arbitration rules, as amended by these terms and conditions and limited warranty. the consumer arbitration rules are available online at https://www.adr.org/consumer. there will be one (1) arbitrator, who will be a trial attorney with not less than fifteen (15) years’ experience in technology and consumer products. the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. if the parties are unable to agree on a location, such determination should be made by the american arbitration association or by the arbitrator. the arbitrator’s decision will follow these terms and conditions and limited warranty and will be final and binding. the arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms and conditions and limited warranty, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. the award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. notwithstanding any of the foregoing, nothing in these terms and conditions and limited warranty will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
- contact for alleged copyright infringement.Nocta respects the intellectual property rights of others and requires that its users do the same. if you believe that content on the website or other activity taking place on the website constitutes infringement of a work protected by copyright (a "work"), please notify us as follows:
your notice must comply with the digital millennium copyright act (17 u.s.c. §512) (the "dmca"). upon receipt of a compliant notice, we will respond and proceed in accordance with the dmca.
- modifications to these terms.we may modify and change these terms over time. we will not "retroactively" change these terms, and any modifications we make shall take effect prospectively, once you next access the website. please feel free to print out a copy of these terms for your records.
- these terms shall not be assignable by you, either in whole or in part. Nocta reserves the right to assign its rights and obligations under these terms.
- additional terms.certain services may be subject to additional or different terms and conditions. we will notify you if the service or portion of the site is subject to terms and conditions that differ from these terms, and you will have the opportunity to decline to participate in such service or site if you do not agree with the differing terms and conditions.
- in addition to any provision that by its nature or intent is intended to survive the termination of these terms, the following provisions shall survive the termination of these terms and shall apply indefinitely: (i) section 3 (ownership; reservation of rights); (ii) section 11 (warranty disclaimer); (iii) section 12 (limitation of liability); (iv) section 13 (indemnity); (v) section 18 (assignment); and (vi) section 21(survival).
- contact us.if you have any questions about these terms, the practices of this site, or your dealings with this website, please contact us at:
- governing law.the parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in wilmington, delaware and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.
- without waiving the right to appeal such decision, should any portion of this section be stricken from this policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in wilmington, delaware, or, if brought in a federal district court, united states district court for the district of delaware and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.
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