Terms & Conditions
Terms And Conditions
Terms
This website (the “Website”) is owned and operated by Natalia Shvedchikova (Noceur by Natalia Yalman), an Istanbul Private Company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). Throughout the site, the terms “we”, “us” and “our” refer to Noceur by Natalia Yalman. Noceur by Natalia Yalman offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Natalia Shvedchikova Private Company does not offer any guarantee that the information published on its own website, is in conformity with the laws of the User’s competent jurisdiction.If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.
Grant of Rights. As a user of this Website, Noceur grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the ToS and Noceur’s Privacy Policy. Noceur may terminate this license at any time for any reason.
Limitations on Use. The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell, or otherwise use or exploit any of the Content except with Noceur’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Noceur’s prior written permission. The Website is not meant for use by persons under the age of 18 and Noceur will not knowingly collect any personally identifiable information (“PII”) from persons under the age of 18 without verified parental consent.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws.
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressed written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
Intellectual Property Rights.
Trademark Notice. Noceur by Natalia Yalman, the Noceur logo, and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Natalia Shvedchikova Private Company and may be registered in international jurisdictions including USA. Noceur by Natalia Yalman’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Noceur by Natalia Yalman in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Noceur by Natalia Yalman; or (iii) in any manner that disparages or discredits Noceur by Natalia Yalman. All other trademarks not owned by Noceur by Natalia Yalman that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Noceur by Natalia Yalman.
Trademark Notice. Copyright Notice. All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Noceur by Natalia Yalman or its Content suppliers and is protected by Turkey and international copyright laws. The compilation of Content on the Website is the exclusive property of Noceur by Natalia Yalman and protected by Turkey and international copyright laws.
The Website is © 2023 Noceur by Natalia Yalman – All Rights Reserved.
By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Noceur by Natalia Yalman are and shall remain, except where owned by a third party, the sole and exclusive property of Noceur by Natalia Yalman. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Noceur by Natalia Yalman’s trademarks, service marks, trade dress or Content.
Registration. Users of the Website who wish to purchase goods advertised and sold on the Website will be required to register by providing certain PII (hereinafter “Registration Information”) to Noceur by Natalia Yalman, including but not limited to such user’s name, address, telephone number and credit card information, in order allow Noceur by Natalia Yalman to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times; (b) Noceur by Natalia Yalman may use your Registration Information for processing your orders and payments, for delivering your purchases and for such other purposes as are specifically set forth in and consistent with Noceur by Natalia Yalman’s Privacy Policy; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.
Limitations on Liability. You acknowledge and agree that:
The Website is provided on an “as is” basis. Noceur by Natalia Yalman makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Noceur by Natalia Yalman does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;
Noceur by Natalia Yalman may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;
In the event that third-party content appears on the Website or is accessible via links from the Website, Noceur by Natalia Yalman shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Noceur by Natalia Yalman. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;
Noceur by Natalia Yalman’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Noceur by Natalia Yalman’s Returns Policy stated in paragraph 6 above. In no event shall Noceur by Natalia Yalman or its officers, directors, shareholders, employees, sub-contractors, licensees, or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive, or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantages) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website;
The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Noceur by Natalia Yalman or anyone associated with Noceur by Natalia Yalman has been advised of the possibility of such damage, and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website or Services without such limitations;
Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100).
Force Majeure. Noceur by Natalia Yalman shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.
Indemnification. You hereby agree to and do hereby indemnify, save, and hold harmless Noceur by Natalia Yalman and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or your use of or conduct on the Website.
Miscellaneous.
Noceur by Natalia Yalman reserves the right to change, revise or modify at any time this ToS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this ToS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.
If there is a conflict between any oral or written representation made by any of Noceur by Natalia Yalman’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall prevail. Except where specifically provided, the ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.
No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
This Agreement shall be governed by and shall be construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto
The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at 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 detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, 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 shall also be subject to these Terms of Service.
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 examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage 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
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.\
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, 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 in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You can review the most current version of the Terms of Service at any time on this page.
To Contact Noceur by Natalia Yalman. If you have questions or suggestions regarding this ToS, please contact us by email at customercare@nataliayalman.com