Terms & Conditions
(T&Cs)

01 GENERAL

1.1. These general terms and conditions ("Terms") apply to orders, sales, and deliveries of products ("Products") offered and sold through this online shop ("Shop") via the website the-house-of-nocturne.com.

1.2. The language of the contract is English.

02 SCOPE

2.1. These Terms apply when the buyer is a consumer as defined by applicable consumer protection law ("Customer").

03 CHANGES TO TERMS

3.1. The Seller reserves the right to modify these Terms. For the sale of Products, the Terms applicable at the time of order completion shall apply.

04 CUSTOMER ACCOUNT

4.1. Customers may create a customer account in the Shop to place orders. Account creation requires the Customer to provide certain information. Orders can also be placed without a customer account.

05 ORDER & CONFIRMATION

5.1. The ordering process proceeds as follows:

• Selection of desired products
• Adding products to shopping cart
• Entry of personal information
• Selection of payment and delivery method
• Review and correction of the order if necessary
• Binding submission of order by clicking "Complete Purchase"

5.2. Products and prices displayed in the Shop constitute an invitation to the Customer to make a binding offer to purchase the Products from the Seller ("Order"). By clicking the button labeled "Complete Purchase" or equivalent wording, the Customer submits a binding order to the Seller. Images and drawings of products serve only as approximate representations unless expressly designated as fixed values. The Customer accepts minor and justified changes.

5.3. The Seller will send the Customer an email confirmation to the provided email address immediately acknowledging receipt of the order ("Order Confirmation"). This confirmation does not constitute acceptance of the order but merely confirms receipt by the Seller.

5.4. Acceptance occurs at different times and in different forms depending on the chosen payment method:

• By sending an order confirmation via email, with the receipt date of the confirmation being decisive.
• By shipment of the ordered products, with any shipment confirmation constituting order acceptance. If no separate shipment confirmation is sent, delivery to the Customer is decisive.
• Transmission of a payment request.

5.5. The Customer must ensure that all information provided in connection with an order, particularly shipping information, is accurate, correct, and current. The Customer must notify the Seller of any changes immediately.

5.6. The Seller will provide the Customer with an electronic invoice after contract completion. The Customer agrees to receive electronic invoices.

06 PAYMENT TERMS

6.1. All prices are stated in Euros including applicable VAT but excluding shipping costs unless otherwise specified. Shipping costs will be displayed to the Customer before order submission.

6.2. Payment in the Shop can be made using the following methods: Credit Card, Apple Pay, PayPal, Google Pay, Klarna, Shop Pay.

6.3. Shipping costs are order-dependent and will be shown by the Seller before and in the order confirmation.

07 DELIVERY

7.1. The Customer may use the shipping methods offered by the Seller in the Shop.

7.2. The delivery dates mentioned by the Seller are based on information from the shipping carrier. The delivery time for Products to the Customer shall not exceed 30 days from contract conclusion, unless a different delivery date is specified for the respective Product.

7.3. If failure to meet the delivery date is due to force majeure, labor disputes, or other events beyond the Seller's control, the delivery date shall be extended reasonably for the duration of the hindrance. The Seller will notify the Customer of the beginning and end of such circumstances as soon as possible, though failure to do so shall not create any liability for the Seller.

7.4. If the Customer defaults on acceptance of the Products, the warranty period for the Seller's performance shall commence.

08 RETENTION OF TITLE

8.1. The Seller retains ownership of the Products until full payment of the purchase price and all ancillary costs (particularly shipping costs) by the Customer.

09 SELLER DEFAULT

9.1. If the Seller defaults on its performance, the Customer must first request that the Seller perform within a reasonable period of two weeks. If the Seller fails to perform within this period, the Customer may withdraw from the contract or continue to demand performance.

10 WARRANTY

10.1. The House of Nocturne e.U. provides warranty in accordance with applicable law. For complaints, please contact office@the-house-of-nocturne.com.

10.2. The Seller may request that the Customer return defective Products if practicable, with the Seller bearing the risk and cost of return shipping. Customers are requested to report any obvious shipping damage to the delivery carrier and notify the Seller. Failure to do so shall not affect the Customer's warranty rights.

11 LIABILITY & DAMAGES

11.1. The Seller's liability for damages caused by slight negligence, excluding personal injury and primary contractual obligations, is excluded. Liability is further excluded for pure economic loss, lost profits, third-party damages, indirect damages, and consequential damages. The liability limitations in this Section 11 shall not apply to the extent that the Seller acted with gross negligence or intentional misconduct.

12 GENERAL PROVISIONS

12.1. Unless Austrian law applies anyway due to the orientation of this webshop towards Austria, it is agreed that Austrian law shall apply exclusively, to the exclusion of the UN Sales Convention.

12.2. For consumers, this choice of law applies only to the extent that mandatory consumer protection laws of the country of habitual residence are not waived.

12.3. The Customer may offset claims against the Seller's claims only if the claims are legally related, acknowledged, or judicially established.

12.4. The Customer must notify the Seller of any address changes. If the Customer fails to do so, communications sent by the Seller to the last known address shall be deemed received.