Terms of service

Who we are. This store is operated by Nocturne Shop, ABN 60 213 959 218, a sole trader based in Brisbane, Queensland, Australia. Postal address: PO Box 2075, Inala Heights QLD 4077. In these Terms, "Nocturne", "we", "us" and "our" refer to Nocturne Shop. You can contact us at support@nocturneshop.co.

Terms of service

These terms apply to nocturneshop.co and to anything you buy from us. By using this site or placing an order, you agree to them. If you don't agree, please don't use the site.

Overview

Welcome to Nocturne. The terms "we", "us" and "our" refer to Nocturne. Nocturne operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Nocturne is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 — Nocturne is not a medical device

Nocturne night guards are comfort accessories. They are not medical devices, they are not custom fitted by a dental professional, and nothing on this site is medical or dental advice. We do not claim to diagnose, treat, cure or prevent bruxism, TMJ disorders, headaches, or any other condition.

If you have jaw pain, worn or damaged teeth, ongoing headaches, or any other dental or health concern, please see a dentist or doctor. A night guard is not a substitute for professional care. Stop using it and speak to a professional if it causes pain, irritation, loose or shifting teeth, or any difficulty breathing while you sleep.

Our guards are intended for adults. Children should only use a night guard under the supervision of a dentist.

Follow the fitting and care instructions supplied with your guard. Moulding involves hot water, so take care. Rinse your guard after each use, let it dry, store it in its case, and replace it as it wears. Do not put it in a dishwasher or in boiling water to clean it, as heat reshapes the material. Do not share a guard with anyone else.

Section 2 — Your rights under Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Where any warranty disclaimer or limitation of liability in these Terms would otherwise contravene the Australian Consumer Law, that disclaimer or limitation applies only to the extent permitted by law, and our liability is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so.

Section 3 — Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

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

Section 4 — Our products

We have made every effort to provide an accurate representation of our products in our online store. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings. Product images are illustrative, and packaging can vary between batches.

Subject to Section 2, we do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 5 — Orders and cancellations

When you place an order, you are making an offer to purchase. Nocturne reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address or phone number you provided.

You may cancel any order within 1 hour of placing it by emailing support@nocturneshop.co, and we will refund you in full. After that hour, email us anyway: if your order has not yet been dispatched we will still cancel it. Once it is with the carrier we cannot stop it, and our Refund Policy applies instead.

Your purchases are subject to return or exchange in accordance with our Refund Policy and Section 2 above.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 6 — Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, customs or import charges.

Prices are shown in the currency of your region and may be converted from our base currency. We may offer promotions from time to time that are governed by terms separate from these Terms. If there is a conflict, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the payment information you provide is true and complete, that you are authorised to use that payment method, and that you will pay the charges incurred at the posted prices, including shipping and any applicable taxes.

Section 7 — Shipping and delivery

All delivery times are estimates only and are not guaranteed. Subject to Section 2, we are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Our Shipping Policy sets out what we will do if a parcel is lost or does not arrive.

Section 8 — Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Nocturne, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Nocturne, Shopify or any third party. All rights not expressly granted are reserved.

Nocturne's names, logos, product names, designs and slogans are trademarks of Nocturne or its licensors, and you must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names and marks on the Services are the trademarks of their respective owners.

Section 9 — Optional tools

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools, and any use is at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which those tools are provided.

We may also offer new features through the Services in future. Such features are also part of the Services and subject to these Terms.

Section 10 — Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access, and you do so at your own risk. Subject to Section 2, we are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products or services on them. Complaints or questions regarding third-party products and services should be directed to that third party.

Section 11 — Relationship with Shopify

Nocturne is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Nocturne. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nocturne, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Nocturne.

Section 12 — Privacy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside.

Section 13 — Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which violates any party's intellectual property or these Terms. You agree your Feedback will not violate any right of any third party and will not contain unlawful or abusive content or any malware. You may not use a false email address or pretend to be someone other than yourself. You are solely responsible for any Feedback you make and its accuracy.

Section 14 — Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. Where we cancel an order for this reason, we will refund you in full.

Section 15 — Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: for any unlawful or malicious purpose; to violate any regulations, rules, laws or ordinances; to infringe our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, disparage or intimidate any person; to transmit false or misleading information; to send any advertising or promotional material such as junk mail or spam; to impersonate any other person or entity; or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to: upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use any robot, spider, scraping or data extraction tool, AI or agentic tool, or automated means to access the Services; or interfere with, bypass or circumvent our security or authorisation measures. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

Section 16 — Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below, and no Agent may access the Services if we have requested it refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must: in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the request's user agent string; not conceal or obfuscate that interactions are from an Agent, including by mimicking human behaviour or by completing or circumventing CAPTCHAs; respond truthfully to any question seeking to determine whether interactions come from a human or a computer; and not circumvent any measure intended to block, limit or control how Agents access the Services.

Section 17 — Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections continue to apply after termination: Australian Consumer Law, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.

Section 18 — Disclaimer of warranties

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Subject always to Section 2, and except as expressly stated by Nocturne, the Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties, so the above may not apply to you.

Section 19 — Limitation of liability

Subject always to Section 2, and to the fullest extent permitted by law, in no case shall Nocturne, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, even if advised of their possibility.

Where liability cannot lawfully be excluded, our total liability for any claim connected to a product or the Services is limited to the amount you paid for the order in question.

Section 20 — Indemnification

You agree to indemnify, defend and hold harmless Nocturne, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third party, or your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims.

Section 21 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed. Such a determination does not affect the validity and enforceability of the remaining provisions.

Section 22 — Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals. Any ambiguities in interpretation shall not be construed against the drafting party.

Section 23 — Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

Section 24 — Governing law

These Terms of Service, and any separate agreements whereby we provide you Services, are governed by and construed in accordance with the laws of Queensland, Australia. You and Nocturne consent to the exclusive jurisdiction of the courts of Queensland, Australia, and of the Commonwealth of Australia.

Section 25 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 26 — Changes to these terms

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

Section 27 — Contact information

Questions about these Terms should be sent to support@nocturneshop.co.