Terms of service

OVERVIEW
Welcome to the SENSED NIGHT shop! The terms ‘we’, ‘us’ and ‘our’ refer to the SENSED NIGHT shop. SENSED NIGHT operates this shop and website, including all relevant information, content, features, tools, products and services, with the aim of providing you, our customers, with a personalised shopping experience (“Services”). SENSED NIGHT is powered by Shopify, which enables us to provide you with the Services. 

Translated with DeepL.com (free version)

The following terms and conditions, together with all policies referred to herein (collectively the “Terms of Service” or “Terms”), set out your rights and obligations when you use the Services.

These Terms of Service should be read carefully as they contain important information regarding your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, using or interacting with 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 must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are of legal age in the province or state where you reside, and that you authorise us to allow minors for whom you are responsible to use the Services via devices that belong to you, that you have purchased, or that you manage.

You may be required to provide certain information, such as your email address, billing, payment and delivery details, in order to use the Services, including accessing or browsing our online shops or purchasing any of the products or services we offer. You represent and warrant that all information you provide in our shops is accurate, up to date and complete, and that you possess all necessary rights to provide such information.

You agree that you are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or licence your account to any other person.

SECTION 2 – OUR PRODUCTS
We make every effort to accurately represent our products and services in our online shops. However, due to the type of device you use to access the shop, as well as your device’s settings and configuration, colours or the appearance of products may differ from what is shown on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be as shown or presented in our online shops.
All product descriptions are subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer on a case-by-case basis, depending on the individual, geographical region or jurisdiction.

 SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. SENSED NIGHT reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not deemed to have been accepted until SENSED NIGHT has issued an acceptance confirmation. For your order to be accepted, we must receive and process your payment. Please review your order carefully before submitting it. Once an order has been accepted, SENSED NIGHT may not be able to accommodate cancellation requests. Should we decline, amend or cancel your order, we will endeavour to notify you via the email address, billing address and/or telephone number provided at the time of ordering. 
Your purchases are subject to return or exchange only in accordance with our Returns Policy. 
You declare and guarantee that your purchases are for personal or domestic use only, and are not intended for commercial resale or export.

CHAPTER 4 – PRICES AND INVOICING
Prices, discounts and promotions are subject to change without prior notice. The charge for a product or service will be based on the price valid at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, the prices quoted do not include tax, delivery, processing, customs or import charges.
Prices listed in our online shops may differ from those offered in physical shops or in online or other shops operated by third parties. We may from time to time offer promotions on our services that may affect prices and which are subject to terms and conditions separate from these Terms. In the event of any 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 details for all purchases made through our shops. You agree to update your account details and other information, such as your email address, credit card numbers and expiry dates, promptly to enable us to complete your transactions and contact you where necessary.
(i) You represent and warrant that (i) the credit card details you have provided are accurate, complete and correct; (ii) you are authorised to use this credit card for the purchase; (iii) the transactions made by you will be authorised by your credit card issuer; and (iv) you will pay for the transactions in accordance with the prices stated, including delivery and processing fees and any applicable taxes.

CHAPTER 5 – SHIPPING AND DELIVERY
We cannot be held responsible for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We cannot be held responsible for delays caused by courier companies, customs procedures or circumstances beyond our control. Once we have handed the goods over to the courier company, title and the risk of loss pass to you.

CHAPTER 6 – INTELLECTUAL PROPERTY
All trade marks, brands, text, images, visuals, graphics, product reviews, videos and audio, including but not limited to our Services and the design, selection and arrangement of these Services, are the property of SENSED NIGHT, its affiliates or its licensors, and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material contained in the Services without our prior written permission. Except as expressly set out herein, no provision of these Terms; SENSED NIGHT, This shall not be construed as Shopify or any third party granting you any licence or other right under any patent, trade mark, copyright or other intellectual property rights, nor does it confer any such right. Unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SENSED NIGHT. 
Names, logos, product and service names, designs and slogans owned by SENSED NIGHT are trade marks of SENSED NIGHT or its affiliates or licensors. You may not use such trade marks without the prior written permission of SENSED NIGHT. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.

This does not imply that Shopify or any third party has granted you any licence or other rights under any patent, trade mark, copyright or other intellectual property rights; nor does it grant you any such rights. Unauthorised use of the Services may constitute a breach of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SENSED NIGHT. 
Names, logos, product and service names, designs and slogans belonging to SENSED NIGHT are trade marks of SENSED NIGHT, its affiliates or its licensors. You may not use these trade marks without the prior written consent of SENSED NIGHT. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.

CHAPTER 8 – THIRD-PARTY LINKS
The Services may contain material and links to websites provided or operated by third parties (including all embedded third-party functionality). We cannot be held responsible for reviewing or evaluating the content or accuracy of any third-party material or website you choose to access. If you decide to leave the Services to access such material or third-party sites, you do so entirely at your own risk.
We cannot be held liable for any loss or damage arising from your access to third-party websites or the purchase or use of any products, services, resources or content on such sites. Please ensure that you carefully review and fully understand the third party’s policies and practices before undertaking any transaction. Any complaints, claims, concerns or queries regarding third-party products and services should be addressed directly to the relevant third party.

CHAPTER 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO SELLERS: This section accurately defines the relationship between Shopify and your shop and must not be removed or altered.]
SENSED NIGHT is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our shop are conducted directly with SENSED NIGHT. By using the Services, you acknowledge and agree that Shopify shall not be liable for anything arising from sales between you and SENSED NIGHT, including any injury, damage or loss arising from the products and services purchased. By this document, you expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or in connection with your purchases and transactions with SENSED NIGHT. 

CHAPTER 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed 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 relating to your access to and use of the Services for the purpose of providing and improving the Services to you. The information you provide to the Services will be transmitted to and shared with Shopify and third parties, who may be located in countries other than the country in which you reside, for the purpose of providing the Services to you. For further information on how your personal information is used by us, by Shopify and by our business partners, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK
If you submit, upload, publish, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use, in any medium. For example, we may exercise our rights under this licence to operate, provide, evaluate, develop, improve and promote the Services, to fulfil our obligations and to exercise our rights under the Terms of Service.
Furthermore, you represent and warrant that: (i) you are the owner of all Feedback or hold all necessary rights in relation to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not, and shall not be, under any obligation to: (1) keep your Feedback confidential; (2) pay compensation in respect of your Feedback; or (3) respond to your Feedback.
We may, at our sole discretion, monitor, edit or remove any Feedback that we determine to be unlawful, abusive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service; however, we are under no obligation to do so.
You agree that your Feedback will not infringe any third-party rights, including copyright, trade marks, privacy, personality or other personal or property rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, and will not contain any computer virus or other malicious software that could in any way affect the operation of the Services or any associated website. You must not use a misleading email address, impersonate anyone other than yourself, or otherwise mislead us or any third party as to the source of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no liability and assume no responsibility for any Feedback submitted by you or any third party.

 CHAPTER 12 – ERRORS, INCONSISTENCIES AND OMISSIONS
From time to time, the Services may contain information that includes typographical errors, inconsistencies or omissions relating to product descriptions, pricing, promotions, offers, product delivery charges, delivery times and stock availability. We reserve the right to correct any errors, inaccuracies or omissions, to amend or update information, and to cancel orders without prior notice should any information prove to be incorrect (even if you have already placed your order).

SECTION 13 – PROHIBITED USES
You may only access the Services for lawful purposes and may only use the Services for lawful purposes. You may not access or use the Services, either directly or indirectly, for the following purposes: (a) for any unlawful or malicious purpose; (b) for the purpose of breaching any international, federal, state, provincial or local regulation, rule, law or by-law; (c) for the purpose of infringing our or others’ intellectual property rights; (d) to harass, abuse, degrade, harm, defame, slander, disparage, threaten or offend any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) for the purpose of sending or causing to be sent ‘unsolicited email’, ‘chain letters’, ‘spam’ or similar promotional or marketing content; (h) for the purpose of impersonating or attempting to impersonate another person or organisation; (i) for the purpose of engaging in any other conduct that restricts or prevents the use of the Services by others, or that we may deem harmful or liable to give rise to legal liability in relation to SENSED NIGHT, Shopify or the users of the Services. 
 In addition, you agree not to do the following: (a) not to upload or transmit any viruses or malicious code of any kind that would affect the functionality or operation of the Services; (b) not to reproduce, copy, sell, resell or misuse any part of the Services; (c) not to collect or track the personal information of others; (d) not to send spam, engage in phishing, commit fraud, use deceptive pretexts, or carry out activities such as web crawling, scanning or scraping; or (e) not to interfere with or circumvent the security features of the Services, related websites, other websites or the Internet. Should we determine at any time that you have breached any part of these Terms, we reserve the right to suspend, deactivate or terminate your account.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion and without notice, and you shall remain liable for all amounts due up to the date of termination.
Following the termination of this Agreement, the following sections shall remain in full force and effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions which, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided on or via the Services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. The risk of relying on such information is entirely yours. We disclaim all liability and responsibility arising from your reliance on such material, or the reliance of any other visitor to the Services or any person who may become aware of the content of the Services.
UNLESS OTHERWISE EXPRESSLY STATED BY SENSED NIGHT, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’, WITHOUT ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS, ARE EXCLUDED, AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR CONDITION, AND IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’. WE DO NOT WARRANT, REPRESENT OR UNDERTAKE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

CHAPTER 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SENSED NIGHT, OUR BUSINESS PARTNERS, OUR DIRECTORS, OUR OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR RELEVANT PARTIES OF SHOPIFY AND ITS AFFILIATES; ANY INJURY, LOSS, CLAIM OR ANY KIND OF DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER CAUSE, arising from the use of the SERVICES or any product supplied through the SERVICES, or from any other claims in any way related to the use of the SERVICES or any product, ANY ERROR OR OMISSION IN THE CONTENT, OR ANY CONTENT SENT, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, (OR THE PRODUCT), EVEN IF THE POSSIBILITY OF SUCH LOSS OR DAMAGE HAS BEEN BROUGHT TO THEIR ATTENTION. 

CHAPTER 17 – INDEMNITY
You shall indemnify SENSED NIGHT, Shopify and our affiliates, business partners, directors, officers, employees, agents, contractors, licensors and service providers against (1) any breach by you of these Terms of Service or the documents incorporated by reference herein, (2) any breach by you of any law or the rights of a third party, or (3) arising out of or in connection with your access to and use of the Services, including reasonable legal fees payable to third parties, and you agree to indemnify, defend and hold harmless SENSED NIGHT, Shopify and our affiliates, business partners, directors, officers, employees, agents, contractors, licensors and service providers. 
We will notify you of all claims giving rise to indemnity obligations; however, any delay in such notification shall not relieve you of your obligations unless you have suffered financial loss. We may manage the defence and settlement of such a claim, including the choice of solicitor, provided that the costs are borne by you; however, for any claims that would impose non-financial obligations on you, we will not settle without your consent (unless such consent is unreasonably withheld). You are obliged to cooperate in the defence of any claims for which compensation is awarded and to provide the relevant documents.

SECTION 18 – INDEPENDENCE OF PROVISIONS
Even if any provision of these Terms of Service is found to be invalid, void or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from the Terms of Service; such a finding shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our 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, together with all policies or operating principles published by us on this website or in relation to the Service, constitute the entirety of the agreement and understanding between you and us, govern your use of the Service and supersede all prior oral or written agreements, communications and offers between you and us (including, but not limited to, previous versions of these Terms of Service).
Any ambiguities arising in the interpretation of these Terms of Service shall not be construed against the party drafting the text.

SECTION 20 – ASSIGNMENT
You may not assign, transfer or dispose of this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be deemed null and void. We may assign, transfer or dispose of these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the laws of the federal, state or regional courts in the jurisdiction where NOVİXA STORE’s head office is situated. You and NOVİXA STORE hereby consent to the venue and personal jurisdiction of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included solely for convenience and do not limit or otherwise affect these Terms.

 SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You may view the most up-to-date version of the Terms of Service on this page at any time.
We reserve the right to update or amend any part of these Terms of Service, at our sole discretion, by publishing updates and amendments on our website. It is your responsibility to check our website regularly to keep abreast of any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will come into effect on the date specified in the notice. Your continued use of or access to the Services following the publication of changes to the Terms of Service constitutes your acceptance of those changes.

CHAPTER 24 – CONTACT DETAILS
Please send any enquiries regarding the Terms of Service to barisguldelen807@gmail.com.
Our contact details are published below:
Novixa Ltd 
sensednight@gmail.com
71–75 Shelton Street, Covent Garden, London WC2H 9JQ, UNITED KINGDOM
[05434286067]