Nocturnal owns and operates the website www.nocturnallabel.com, and all goods displayed and sold on the website.
To find legal information about Nocturnal, please visit the Legal Information page on the website.
All orders are subject to these terms and conditions and the Sale and Return Policy.
Customers who place an order on the website must be capable of entering into a contract and have given their consent freely. Incompetent users must inform their legal guardian or parents and obtain their consent before using the website.
By using the website or placing an order, customers accept these terms and conditions and the Sale and Return Policy. If they are not acceptable, customers should not use the website or place an order.
Nocturnal may modify these terms and conditions and the Sale and Return Policy at any time without notice.

PRODUCT WARRANTIES AND CUSTOMER DISPUTES

Nocturnal does not provide any additional warranties or guarantees beyond those mentioned on the website or product descriptions.
In case of any dispute between customers regarding the delivery of products, it shall be resolved between the concerned customers and the legal entity responsible for delivering the product, without any liability passing on to Nocturnal or its affiliate companies. However, Nocturnal will take responsibility for product quality in case of any manufacturing defects.

Customers are advised to carefully review the product descriptions and warranties before making a purchase to ensure they are aware of any limitations or conditions. In case of any concerns or issues with the products, customers are encouraged to reach out to Nocturnal’s customer service team for assistance.

EXTERNAL LINKS DISCLAIMER

Nocturnal’s Website may include links to external sites. These links are provided as a convenience to the customer, and Nocturnal has no control over the content or representations of these external sites. The information presented on these external sites may not necessarily reflect the beliefs held by Nocturnal. The inclusion of a link does not imply that Nocturnal endorses or accepts any content contained on the linked site. Customers are solely responsible for their association with linked sites and should take appropriate precautions to protect themselves. Nocturnal, along with its officers, directors, affiliates, employees, agents, partners subsidiaries, and/or contractors, disclaim any and all responsibility or liability for the content on these linked sites and shall not be held accountable for any damages incurred by customers who visit such sites.

TRADEMARKS

The Nocturnal website, owned and operated by the NOCTURNAL Group, features a number of trademarks, trade names, service marks, copyrights, and/or logos of NOCTURNAL and/or its associated companies. These marks remain the property of their respective owners, and customers acknowledge this ownership and understand that they do not acquire any right, title, or interest in the marks by using this website.

Customers agree not to change, modify, and/or exploit the marks or participate in any activity that modifies and/or exploits them. All rights to these marks are reserved. Any use of the marks without prior written authorization is strictly prohibited.

Trademark protection is essential to businesses as it helps to distinguish their products and services from those of their competitors. Infringement of trademarks can lead to confusion among consumers and ultimately harm the brand’s reputation. Therefore, it is crucial for customers to respect and acknowledge the ownership of trademarks displayed on the Nocturnal website.

The NOCTURNAL Group takes the protection of their intellectual property seriously and will take necessary legal action against any unauthorized use of their trademarks, trade names, service marks, copyrights, and/or logos. Customers are encouraged to report any misuse of these marks to the company.

It is important to note that the marks displayed on the Nocturnal website are not only a symbol of the company’s identity but also a symbol of quality, trust, and innovation. Therefore, protecting these marks is not only important for the NOCTURNAL Group but also for its customers who rely on the quality and authenticity of the products and services they offer.

ACCEPTABLE USE POLICY

The Nocturnal website is intended for lawful and acceptable use only. Any use for illegal or objectionable purposes is strictly prohibited.
Customers must not use the Nocturnal website to host, display, upload, modify, publish, transmit, store, update, or share any information that:

• belongs to another person without permission
• is defamatory, obscene, pornographic, invasive of privacy, harassing, insulting, racially or ethnically objectionable, or contrary to laws in force
• is harmful to children
• infringes any patent, trademark, copyright, or other proprietary rights
• violates any law
• deceives or misleads the recipient about the origin of the message, or communicates knowingly and intentionally false or misleading information
• impersonates another person
• threatens public safety or order, or incites any criminal offense
• contains a virus or any computer code designed to destroy or limit the functionality of computer resources
• is written or published with intent to mislead, harass, or cause injury to another
• involves sharing of information that does not belong to the customer/user
• involves the transmission of unlawful, threatening, harassing, obscene, sexually explicit, hateful, profane, blasphemous, libelous, or defamatory information.

By using the Nocturnal website, customers acknowledge and agree that any information transmitted with the use of this Website cannot and shall not be deemed confidential or proprietary. The Nocturnal brand, along with its affiliated companies, reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use.

The Nocturnal brand, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in the termination of access or usage rights to the Nocturnal website immediately or removal of non-compliant information, or both, and/or any other action which the Nocturnal brand deems appropriate under the circumstances.

WEBSITE CONTENT MODIFICATIONS

Nocturnal undertakes to ensure that the descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service. However, the Website may contain typographical errors or technical inaccuracies. Nocturnal reserves the right to modify the content of this Website at any time without prior notice. Nocturnal’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision. Any modification or revision will take effect from the time it is posted on the Website. In the event you continue to use our website, you impliedly agree to these terms and conditions and the Sale and Return Policy. In the event that the modification or revision contains a substantial change, we will provide you 30 (thirty) days prior notice of such substantial change as per the notification preferences provided by you. You are advised to check regularly for any amendment or updates to these terms and conditions and the Sale and Return Policy. For this purpose, substantial change means a change to the terms which materially reduces your rights or increases your responsibilities.

PAYMENT POLICY FOR NOCTURNAL

At Nocturnal, we strive to provide our customers with convenient and hassle-free payment options. Below are the details of our payment policy:

Accepted Payment Methods: We accept the following payment methods:

• Visa
• Mastercard
• American Express
• UPI
• Cash on Delivery
• Net Banking
• Gift Card

Order Confirmation: Your purchase will be charged as soon as you complete your order, and you will receive an email confirmation for the same.

Card Transaction: In case the card transaction is not approved, your order will be cancelled. Please contact your bank or card provider if you have any questions about this.

Cash on Delivery: If you choose to pay by Cash on Delivery, you will need to pay in cash to the courier service representative delivering your parcel. We recommend having the exact amount available to ensure a smooth transaction.

We hope this policy provides clarity on our payment methods and procedures. If you have any questions or concerns, please feel free to contact our customer support team.

PRODUCT AVAILABILITY

Nocturnal ensures the availability of products on their platform, however, there may be rare circumstances when the product ordered by the customer is not available. In such cases, Nocturnal shall cancel the order and refund the pre-paid amount to the customer, if any.

RETURN POLICY FOR NOCTURNAL INDIA ONLINE STORE

At Nocturnal, we want you to be fully satisfied with your purchase. In case you are not completely happy with your order, we have a hassle-free return policy in place to ensure a smooth return process for you.

Return Eligibility Products purchased from Nocturnal India Online Store (Website and Mobile Application) are eligible for returns within 30 days from the delivery date, free of cost.

Conditions for Return Please note that our return policy covers only products in their original condition with all original tags and packaging intact. The following conditions apply:

• The product must be unused and in the same condition as when it was received.
• The product must be returned in its original packaging, including any documentation, warranty cards, manuals, accessories, and freebies that were included in the order.
• The product must not be broken or tampered with, and any seals or labels must not be broken or removed.
• Products purchased from our business line Undercolors of Nocturnal, which includes face masks, socks, lingerie, etc., are not eligible for returns, except for manufacturing defective products.

Return Process To initiate a return, please follow these simple steps:

• Log in to your account on our website or mobile application.
• Click on the “Return” button next to the product you wish to return.
• Select the reason for the return and submit the return request.
• Our customer service team will review your request and get back to you within 48 hours to confirm the return.
• Upon confirmation, we will arrange for a pickup of the product from your address.
• Once we receive the product and verify its condition, we will initiate the refund process.
• The refund amount will be credited to your original payment method within 7-10 business days.

Please note that we reserve the right to reject any return request if the product does not meet our return eligibility criteria or if the return request is made after the 30-day return window. Also, any damage caused due to negligence or improper usage will not be covered under our return policy.

For any further assistance, please contact our customer service team at orders@nocturnallabel.com

EXCHANGE POLICY

At Nocturnal, we understand that sometimes you may change your mind about a purchase. Unfortunately, we do not offer exchanges for any products purchased from our online store or retail stores. However, if you are not satisfied with your purchase, we offer a hassle-free return policy. You can return the product within 30 days of delivery date, free of cost, and place a new order for the desired item.

CANCELLATION POLICY

We at Nocturnal strive to fulfill all orders successfully. However, there may be situations where we may have to cancel your order. We reserve the right to refuse or cancel any order for any reason at our sole discretion. If your order is canceled, we will notify you and refund the full amount to the original payment mode.

Please note that we may require additional information or verifications before accepting any order. We may also cancel orders due to limitations of quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

In case of requests for order cancellations, Nocturnal reserves the right to accept or reject requests for order cancellations for any reason. If you wish to cancel your order, please do so through our website www.nocturnallabel.com

If you have already made a payment for a cancelled order, the said amount will be reversed back to the same payment mode. We request you not to dispute the decision made by Nocturnal and accept our decision regarding the cancellation

WARRANTY CLAIM PROCESS FOR NOCTURNAL PRODUCTS

NOCTURNAL WARRANTY CLAIM PROCESS

At Nocturnal, we take pride in offering high-quality products to our customers. However, if you experience any issues with your Nocturnal product due to manufacturing defects within 30 days to three months of the purchase date (as mentioned on the invoice), you can make a warranty claim by following these steps:

• Contact us: a. Products purchased from Nocturnal India Online Store: Please reach out to our customer support team at [insert email address and phone number]. b. Products purchased from Nocturnal Retail Stores: Please return the product to the store where you made the purchase.
• General conditions for making a warranty claim.
• Warranty claims will only be entertained against manufacturing defects.
• Damage caused by improper care, misuse, accidents, or neglect is not covered under warranty.
• The warranty does not cover laces of shoes, masks, and products from our business line Undercolors of Nocturnal, which includes lingerie and innerwear.
• Induced tears, fading due to detergents, or similar reasons are not covered under warranty.
• Products that have been used beyond the warranty period are not covered under warranty.

We strive to provide you with the best possible customer service and will process your warranty claim as quickly as possible. If you have any further questions or concerns, please don’t hesitate to reach out to our customer support team.

SEVERABILITY

If any provision contained in these terms and conditions is deemed unenforceable under applicable law, the provision shall be limited in its scope. If limitation is not feasible, the provision shall be excluded from the terms and conditions, and the remaining provisions shall remain enforceable.

WARRANTIES & LIMITATION OF LIABILITY

Nocturnal disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Nocturnal be liable for any direct, special, indirect, incidental, punitive, consequential or exemplary damages arising from or related to the use of this website, even if Nocturnal had or should have had knowledge of the possibility of such damages.

FORCE MAJEURE

Nocturnal shall not be held liable for any failure or delay in performance due to any cause beyond its reasonable control, including but not limited to acts of God, fire, explosion, pandemic, riot, lockdown, quarantine restrictions, sabotage, industry-wide strikes, work stoppages, or governmental acts. However, Nocturnal shall use its best efforts to promptly correct such failure or delay in performance to the extent permitted by applicable law and regulatory requirements.

INDEMNIFICATION

The Customer hereby agrees to indemnify, defend and hold harmless Nocturnal, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this Website. Nocturnal has the right to control any defense pertaining to this section.

USER ACCOUNT AND PASSWORD

You will receive a password and account upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

PAYMENT MODE DETAILS

You agree, understand and confirm that any payment mode, e.g., credit card, debit card, UPI, wallet, net banking details provided by you for availing services on (Insert Website Link here) will be correct and accurate, and you shall not use the payment mode that is not lawfully owned by you. Nocturnal will not be liable for any fraud related to such payment mode.

RELATIONSHIP

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of India, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India.

ENTIRE AGREEMENT

These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.

GRIEVANCE OFFICER AND NODAL POINT OF CONTACT

Under the Consumer Protection (E-Commerce) Rules, 2020, any consumer complaint by any user as a result of usage of the Website may be intimated to our Grievance Officer / Nodal Point of Contact, who may be reached at [insert contact details of Grievance Officer/Nodal Point of Contact]. Any consumer complaint received from users shall be acknowledged by Nocturnal within forty-eight hours and shall be redressed within 1 (one) month from the date of its receipt.