Legal notice
This website is operated by Noble Ark, and when we refer to "we," "us," or "our," we mean Noble Ark bv, the provider of this website. By using this website, including all information, tools, and services available here, you agree to the terms, policies, and notices as set forth in these Terms and Conditions. This agreement applies to all users of the site, including but not limited to visitors, browsers, sellers, customers, merchants, and content contributors.
We kindly request that you read these Terms and Conditions carefully before using the website. By accessing any part of the site or using the site as a whole, you agree to these Terms and Conditions. If you do not agree with any provision in this agreement, you may not enter the website or use the services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Please note that any new features or tools added to this online store are also subject to these Terms and Conditions. You may consult the most recent version of these Terms and Conditions at any time on this page. We reserve the right to update, modify, or replace portions of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check this page regularly for changes. By continuing to use the website after changes are posted, you accept those changes.
Please note that our store is hosted on Shopify Inc. They provide us the online e-commerce platform that enables us to sell our products and services to you.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority according to the laws of your state or province of residence. If you grant minor dependents access to this website, you represent that you have legal guardianship over them or have obtained permission from their legal guardian to do so. You agree not to use our products for any unlawful or unauthorized purpose and to comply with all applicable laws in your jurisdiction, including but not limited to copyright laws. You may not transmit harmful code, such as worms or viruses.
Any violation of these terms may result in immediate termination of your services.
Terms and Conditions
We reserve the right to refuse the service to anyone for any reason at any time. You understand that your content, except for credit card information, may be transmitted unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service without our express written permission. The headings used in this agreement are included for convenience only and do not limit these terms.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information provided on this site is inaccurate, incomplete, or outdated. Material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, but it is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site.
Service and Pricing Adjustments
Prices for our products may change without notice. We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
Products or Services
Certain products or services are available exclusively online via the website. These products or services may have limited quantities and are subject to return or exchange according to our Refund Policy. We have made our best effort to display the colors and images of our products as accurately as possible in the store. We cannot guarantee that your computer monitor's display of colors will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices may change at any time and without prior notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our opinion, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detailed information and specific terms related to the online store, including return policy and warranty, you are advised to consult the specific policies and information on the Noble Ark website.
Optional Tools
We may provide you access to third-party tools over which we have no control, ownership, or oversight. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for your use of optional third-party tools. Any use by you of optional tools offered via the site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms under which third-party tools are provided by the relevant third party.
We may in the future offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
Third-Party Links
Certain content, products, and services available via our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and make no guarantees or representations regarding third-party materials or websites, or any other third-party material, product, or service.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Review the policies and practices of third parties carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Comments, Feedback, and Other Submissions
If, at our request, you submit certain specific submissions (e.g., contest entries) or submit them without our request, providing creative ideas, suggestions, proposals, plans, or other materials, online, via email, by mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use comments you submit to us in any media. We are not and will not be obligated (1) to keep comments confidential; (2) to pay any compensation for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit, or remove content that we, in our discretion, consider illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable.
You agree that your comments do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments do not contain defamatory or otherwise unlawful, offensive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone other than yourself, or mislead us or third parties in any way regarding the origin of any comment. You are solely responsible for all comments you make and their accuracy. We do not assume responsibility and accept no liability for comments posted by you or any third party.
Personal Information
Submitting personal information via the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.
Errors, Inaccuracies, and Omissions
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, lead times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information in the Service or on a related website is inaccurate at any time without prior notice (including after you have placed your order).
We are not obligated to update, revise, or clarify information in the Service or on a related website, including, but not limited to, pricing information, except as required by law. No specified update or refresh date is applied in the Service or on a related website, so it may not be assumed that the Service or a related website has been updated, modified, or clarified.
Prohibited Use
In addition to other prohibited uses outlined in the Terms and Conditions, it is prohibited to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violations of prohibited use.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for an indefinite period or cancel the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Noble Ark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or products acquired through the Service, or for any other claim related in any way to your use of the Service or product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or product (or content) that is posted, transmitted, or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify Noble Ark and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they reference, or your violation of any law or the rights of a third party.
Severability
If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, so that such invalidity or unenforceability does not affect the validity and enforceability of the remaining provisions.
Termination
The obligations and responsibilities of the parties arising prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions remain in effect unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion you fail, or we suspect you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you remain liable for all amounts due up to the termination date; and/or accordingly we may deny you access to our Service (or any part thereof).
Entire Agreement
The obligations and responsibilities of the parties arising prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions remain in effect unless and until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion you fail, or we suspect you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you remain liable for all amounts due up to the termination date; and/or accordingly we may deny you access to our Service (or any part thereof).
Entire Agreement
The failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
These Terms and Conditions and all policies or business rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, but not limited to, all prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law
These Terms and Conditions and all individual agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands, with disputes falling under the jurisdiction of the competent Dutch courts.
Changes to the Terms and Conditions
You may view the most recent version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Contact Information
Questions about the Terms and Conditions should be sent to us via the contact information found on our website.