The www.nocturne.us website (the "Website") is operated by RS CTA LLC, doing business as Nocturne, a limited liability company duly organized under the laws of the State of Florida, under Business License Number M20000005395, whose registered address is 21346 St Andrews Blvd #304, Boca Raton, FL 33433, which maintains this website (the "Website") ("Platform") ("Nocturne", "us", "we", "our").

The Site is provided to you for your personal use, subject to these Terms and Conditions and any other rules posted on the Site (including our Privacy Policy) (the "Terms and Conditions"). By visiting the Website, you agree to be bound by, and to comply with, the practices described in these Terms and Conditions, which govern your access and use of the Website and all content and features available on the Website (or any of our other websites and related microsites accessible through the URL www.nocturne.us and related domain names) (the "Services").

If you wish to use our services, you must read and agree to be bound by our policies relating to those services. In particular, your attention is drawn to our Terms of Use and our Privacy Policy. If you are a minor and/or under the age of 18, you must inform your parent or guardian of our Privacy Policy before registering to use this Website or any of the Services.

We grant you a non-transferable and revocable personal license to use the software provided to you by us as part of the Website for the sole purpose of enabling you to use and enjoy the benefits of our Services as provided by Nocturne in the manner permitted by the Terms. Commercial use or use on behalf of any third party is prohibited unless expressly permitted by us in writing in advance. Any breach of these Terms and Conditions will result in the immediate termination of the license granted in this paragraph without notice to you and without prejudice to any other rights of Nocturne and without prejudice to any other rights of Nocturne.

REGISTRATION

Certain services and related features, such as but not limited to newsletters, that may be made available on the Site may require registration or subscription in order for you to use them. If you choose to register or subscribe for such services or related features, you agree to provide complete, accurate and current information about yourself and to promptly update such information if it changes. We may change our registration or subscription requirements from time to time. As a user of the Site, you are solely responsible for maintaining the confidentiality of passwords and other account identifiers. If you use the Site, you are entirely responsible for all activities that occur under any password or account. You must notify us immediately of any unauthorized use of your password or account. Nocturne will not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this paragraph. You may be liable for our or others' losses resulting from such unauthorized use.

Please see our Privacy Policy for information about how we use your information.

YOUR CONTENT

You are responsible for your use of the Site, for any information, text, graphics, photographs or other materials that you upload or post to the Site (collectively, "Your Content"), and for any consequences thereof. Most of the Content you submit, post or display through the Site is public by default and can be viewed by other users and through third-party services and websites. You should only post Content that you are comfortable sharing with others in accordance with these Terms and Conditions. When posting Your Content, You agree not to make any comments that are not factual in nature, including, without limitation, racist comments, use of profanity, abuse of another user, disrespect for another culture, or any other derogatory or inappropriate comments. We cannot monitor or control Your Content, and we assume no responsibility for Your Content. Any use of or reliance on Your Content or content provided by parties other than Nocturne (such as other users) ("Other Content") or obtained by you through the Site is at your own risk. Your Content may be moderated and may take up to 48 hours to appear, but Nocturne makes no commitment to review all of Your Content or Other Content and will not be liable for doing so. If you have a complaint about any post, please contact our customer support. Nocturne reserves the right, in its sole discretion, not to publish or to remove any of Your Content or Other Content that it deems to be unlawful, defamatory, racist, libelous, inciting hatred or violence, harmful to persons, institutions, religions or people's privacy, harmful to minors, infringing on trademarks, patents and copyrights, containing personal data or improperly using the medium to promote and advertise businesses.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Other Content, or endorse any opinions expressed through the Site. You understand that by using the Site, you may be exposed to Other Content that may be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are mislabeled or otherwise deceptive. Under no circumstances will we be liable in any way for your Content or any Other Content, including, but not limited to, for any errors or omissions in your Content or any Other Content, or for any loss or damage of any kind incurred as a result of the use of your Content or any Other Content posted, emailed, transmitted or otherwise made available on the Site or posted elsewhere.

You retain all rights in Your Content. By submitting, posting or displaying Your Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any media or distribution method (now known or later developed). You agree that this license includes the right for Nocturne to provide, promote and improve its services and to make Your Content available to other companies, organizations or individuals who partner with Nocturne for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for the use of Your Content. Such additional uses by Nocturne or other companies, organizations or individuals who partner with Nocturne may be made without any compensation to you with respect to Your Content.

We may modify or adapt Your Content for transmission, display or distribution over computer networks and in various media and/or make changes to Your Content as necessary to conform and adapt Your Content to the requirements or limitations of any network, device, service or media. We reserve the right (but have no obligation) at any time to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nocturne, its users and the public.

While accessing or using the Site, you may not do any of the following: (i) access, interfere with or use nonpublic areas of the Site, our computer systems or our providers' technical delivery systems; (ii) probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access, probe or attempt to access or probe the Site by any means (automated or otherwise) other than through the currently available, published interfaces provided by us (and only pursuant to the Terms), unless you have been specifically permitted to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Site in any way to send forged, misleading or false source-identifying information; or (v) interfere or disrupt (or attempt to interfere or disrupt) the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or scripting the creation of your content in a manner that interferes or imposes an unreasonable burden on the Site.

ELIGIBILITY

The purchase of products through the Website is strictly limited to parties who are legally able to enter into and perform contracts on the Internet under the laws of the United Arab Emirates. In order to make purchases on the Website, you must provide your personal information, including your real first and last name, valid mobile phone number, alternate contact phone number, valid email address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details provided by you are valid, complete and correct and confirm that you are the person referred to in the billing information provided.

The Website is only available to persons who meet Nocturne's eligibility requirements, who hold a valid credit/debit card from a bank acceptable to Nocturne, and who have authorized us to charge their credit/debit card for the total purchase price of the product(s) they purchase. Products purchased are for personal or gift use only and may not be resold, used for commercial purposes or for any other commercial benefit. Nocturne reserves the right to limit multiple quantities of any item shipped to any one customer or shipping address.
By submitting an offer to purchase product(s), you expressly authorize Nocturne to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties in order to authenticate your identity, validate your credit/debit card, obtain initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you to conduct appropriate anti-fraud checks and that such personal information may be disclosed to a credit reference or fraud prevention agency which may keep a record of such information.

Please see our Privacy Policy for information about how we use your information.

ORDERING PRODUCTS

Products offered for sale on the Site are subject to acceptance and availability. If, after you place an order for Products, we are unable to supply a particular Product for any reason, we will notify you as soon as possible, cancel your order in respect of the relevant Product(s) and refund or re-credit your account for any amount paid by you or debited from your credit/debit card for the Product(s) that we are unable to supply. Please note that you may order up to five (5) units of any one product.

All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies or errors in product or pricing information, our inability to obtain authorization for payment, shipping restrictions on a particular item, the item ordered does not meet our quality control standards and is withdrawn, or you do not meet the eligibility criteria set forth in the Terms and Conditions, or any other problem identified by us.

Nocturne will keep a record of your transactions for as long as necessary to provide you with the Services and as required by law.
Once your order has been placed, you will receive an email confirming the details of your order. This e-mail is not an acceptance of your order, but a confirmation that we have received it. Unless canceled, acceptance of your order will be completed when we have finished packing your order. The contract between you and Nocturne is completed when we ship the products to you, at which time you will receive a second email confirming that your order has been shipped. The contract of sale will therefore be made in Dubai, United Arab Emirates and the language of the contract will be English. Neither our third party payment processor nor our nominated courier is authorised to accept an order on behalf of Nocturne.

We may refuse to process any transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or to any third party for withdrawing any product from the Website, whether or not that product has been sold, for removing, screening or editing any material or content on the Website, for refusing to process any transaction or for reversing or suspending any transaction after processing has commenced.

Every effort is made to ensure that all details on the Website are accurate, however from time to time we may discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will notify you as soon as possible. We are under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price, and we reserve the right to cancel any such order that has been accepted or is in transit. If you order a product that is priced incorrectly, we will notify you by email or telephone that we have not accepted your order and/or that the relevant part of your order has been canceled. If you have already paid for the product(s), we will refund or credit your account for the full amount as soon as we are able to do so. In the event that products are recalled in transit, we will process your refund/credit as soon as the products are returned to us. By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges applicable to that order.

PRICES AND PAYMENT POLICIES

The price of the products displayed on the Website and the delivery charges are in your local currency and include any applicable taxes or import duties. If you are a customer whose credit/debit card is not denominated in U.S. dollars, the final price will be calculated according to the exchange rate on the day your card issuer processes the transaction.

We accept the following payment methods:

• Credit/Debit Card: Visa/Mastercard/American Express
• Mobile Wallet (Apple Pay)

All credit/debit card payments are subject to validation checks and authorization by the card issuer. If the credit/debit card issuer refuses to authorize payment, we are not responsible for any delay or non-delivery. We will cancel your order and contact you for an alternative payment method. The details on the credit/debit card used to make the payment must match the cardholder's exact identity details as held by the issuer. Payment will be debited and cleared from your account when Nocturne ships your order. You confirm that the credit/debit card used is yours or that you have been specifically authorized by the holder of the credit/debit card to use it. No credit/debit card details will be stored, sold, shared, rented or leased to any third party other than our online payment gateway service provider.We take reasonable care to make the site secure. You can rest assured that your card number is protected by SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private information online. We take all reasonable care within our power to keep your order and payment details secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any information you provide when accessing or ordering from the Website.

PRODUCT LIABILITY

By purchasing products through our website, you acknowledge and agree that Nocturne has no product liability except as described in the preceding paragraphs in relation to the return and exchange of the products or the refund/credit of the price paid, and that the full liability for the products rests with the manufacturer. For information regarding the terms of the manufacturer's product liability, please contact the Customer Service team at wecare@nocturne.us

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade names, trade dress, designs, the "look and feel" of the Site, all other intellectual property and materials, rights in and relating to the Site, including software and all HTML and other code contained in the Site, page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, and video clips (collectively, the "IP") are and shall at all times remain the property of Nocturne and/or its respective owners and are protected by United Arab Emirates and international trademark and copyright laws. You may access, view, download and print the Intellectual Property and any other material displayed on our website for your personal, non-commercial use only as expressly authorized by Nocturne and/or its third party licensors, provided that you (i) do not modify or alter the Intellectual Property in any way; and (ii) do not provide or make available the Intellectual Property to any third party in a commercial manner. You do not acquire any copyright, trademark or other proprietary rights in the IP. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in the sale of, or exploit in any way, in whole or in part, the IP or our Site. The IP may only be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the IP is strictly prohibited. Nocturne is the sole owner or licensee (as applicable) of the IP and the sole licensee of the www.nocturne.ae domain name.

CONTENT

Nocturne does not warrant the accuracy of the Content on the Website, nor does it warrant that such Content is error-free or reliable or that your use of the Content will not infringe the rights of third parties. Nocturne does not warrant that the functional aspects of the Site or its content will be error-free or that the Site, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in damage or the need for servicing or replacement of property, materials, equipment or data, Nocturne shall not be liable in any way for such costs. Nocturne does not warrant or make any representations regarding the content, software, text, downloads, graphics, or links on the site, or the results of use of the site, and you assume the entire risk as to the completeness, accuracy, or usefulness of any content on the site. Nocturne reserves the right to remove any content from the Site at any time and for any reason. Removal may be immediate and without notice. You agree that Nocturne shall not be liable to you or any third party for any such withdrawal. We strive to provide an accurate description of the products on our website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor will accurately display any color. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect the views of Nocturne, and we have no responsibility for the expression of such views in any media.

INDEMNIFICATION

You agree, upon our request, to defend, indemnify and hold harmless Nocturne and its affiliates, including their officers, directors, agents, suppliers and licensors, from and against all claims, damages, costs and expenses, including attorneys' fees, arising out of or related to your use of the Website, your breach of these Terms and Conditions, or the use by any other person accessing the Website using your Internet account. Nocturne reserves the right, at its own expense, to assume exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification shall survive these Terms and Conditions and your use of the Site.

AVAILABILITY

You acknowledge that (i) it is technically impossible to provide the Website free from defects and that Nocturne cannot accept any responsibility for this, (ii) defects may result in temporary unavailability of the Website, and (iii) the operation of the Website may be adversely affected by conditions and performances beyond Nocturne's control, such as the transmission and telecommunication links between Nocturne and you and between Nocturne and other systems and networks. Nocturne may at any time temporarily or permanently modify or interrupt all or part of the Website in order to perform maintenance and/or make improvements and/or changes to the Website. Nocturne shall not be liable for any modification or suspension or interruption of the Website.

DISCLAIMER

OUR WEBSITE IS PROVIDED BY NOCTURNE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOCTURNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS CONTAINED ON OUR WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOCTURNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, USE OF REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOCTURNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOODS OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE BY YOUR USE OF THE WEB SITE THAT YOUR USE OF OUR WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER IS AN INTEGRAL PART OF THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY

Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United Arab Emirates. Your use of the Website or any of the services or products available on the Website is at your own risk and, except as otherwise provided in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the services or products available on the Website.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NOCTURNE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NOCTURNE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL NOCTURNE BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM. YOU HEREBY RELEASE US FROM ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

MISCELLANEOUS

We reserve the right to change these terms and conditions at any time without notice to you. Any changes to these terms and conditions will be effective upon posting on our website. Your continued use of the Website (or any of our other websites) following any such modification will mean that you agree to be bound by the modified Terms and Conditions. Please review the Terms and Conditions periodically. If you do not agree to any changes to the Terms and Conditions, you must stop using the Website immediately.

These Terms and Conditions constitute the entire legal agreement between you and Nocturne and govern your use of the Website and all services and products available thereon, and completely supersede any prior agreements between you and Nocturne with respect thereto. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and that Nocturne may stop providing the same (or any features within it) to you or to users.

You understand that Nocturne grants permission to operators of public search engines to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, and Nocturne reserves the right to revoke these exceptions either generally or in specific cases.

You understand that you are solely responsible for (and that Nocturne has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage that Nocturne may suffer) of any such breach.

Nocturne's failure to exercise or enforce, or delay in exercising or enforcing, any legal right or remedy shall not constitute a formal waiver of Nocturne's rights.

You and Nocturne are independent contractors, and these Terms and Conditions, including but not limited to the submission or distribution of Your Content, will not create any partnership, joint venture, employment, franchise, or agency relationship between you and Nocturne. Neither party shall have the authority to bind or obligate the other without the prior written consent of the other. Neither party is authorized to act as an agent or representative of the other or to act for or on behalf of the other in any capacity other than as expressly set forth in these Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as acting or being so authorized, or incur any liability or obligation on behalf of or in the name of the other party, except as expressly provided in these Terms and Conditions.
If any provision of these Terms and Conditions is held to be illegal or unenforceable, the other provisions of these Terms and Conditions shall not be affected and shall remain in full force and effect. These Terms and Conditions are reproduced in English and the English version shall prevail. These Terms and Conditions are governed by the laws of the State of Florida and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts of the State of Florida.

DELIVERY

Nocturne ships in the USA Nocturne will ship your order to the address provided on your order. Orders cannot be shipped to PO Boxes, AFO/FPO addresses or any address outside of the United Arab Emirates. If no one is available to accept delivery of your order, you will be given the option to arrange an alternative delivery date or receive additional information about picking up your order from the courier. Standard delivery is available for all orders placed online for delivery within the United States. Delivery may take two (2) to four (4) business days from the time the order leaves our facility. For remote areas, we invite you to verify if delivery to your location is available by contacting our Customer Service team at +1 (754) 233-3412 or emailing us at wecare@nocturne.us

CANCELLATION, RETURN & EXCHANGE POLICY

If you cancel or return products in your order, the refund will generally be processed through the method you used to make the payment. Please note that we cannot refund products returned after 14 days of purchase. Items that have been worn, used, altered, damaged or without original tags will not be accepted. Please note that shipping charges paid at checkout are non-refundable. Nocturne Customer Care provides customer service for purchases made on nocturne.ae or in our Nocturne stores. For purchases made elsewhere, please contact the store where the product(s) were purchased directly. Personalized items and sealed items that have been unsealed after delivery are not eligible for refunds. We encourage you to take all necessary precautions to ensure that your product is protected. Any item returned damaged, used, or incomplete will not be refunded or exchanged.

If you have received the wrong products or damaged products in your order, please contact our customer service team immediately at +1 (754) 233-3412 or email us at wecare@nocturne.us and we will resolve the issue within 48 hours.

We hope you love everything you receive from Nocturne, but if you don't, you can return the products within 14 days of your purchase. Please note that some products are non-returnable; for example, perfumes, cosmetics, lingerie, swimwear, underwear, jewelry and socks are non-returnable products. You may return non-returnable items if you receive the wrong item or if the item arrives damaged.
For your online purchases, you may request that your products be collected by the same courier that delivered your products, or you may select a different courier to collect the products and return them to the return address. Please be sure to fill out and include the returns form you received with your order to avoid delays in processing your return. Your return will be processed within 7 days and your refund will be issued accordingly. For an immediate refund for your online purchase, you can visit our store with the product and the returns form and our team will be able to process your return immediately. Please note that credit card refunds may take up to 30 days to process depending on your bank's policy.

CUSTOMER SERVICE

If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service Department by email at +1 (754) 233-3412 or by email at wecare@nocturne.us daily from 10:00 AM to 7:00 PM (EST).