Terms of service

OVERVIEW

Welcome to Boutique Noma! The terms “we”, “our”, and “us” refer to Boutique Noma. Boutique Noma operates this shop and website, including all associated information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Boutique Noma uses the Shopify platform, which enables us to offer you the Services.

The general terms below, along with the policies referenced herein (the “Terms of Use” or “TOU”), describe your rights and responsibilities when using the Services.

Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.


ARTICLE 1 – ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you have reached the legal age of majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase, or manage.

To use the Services—including accessing or browsing our online stores or purchasing any products or services we offer—you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your account credentials and any activity related to your account. You are not permitted to transfer, sell, assign, or license your account to another person.


ARTICLE 2 – OUR PRODUCTS

We make every effort to accurately present our products and services in our online stores. However, please note that colors or product appearance may differ from what is displayed on your screen due to the type of device you use, as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is presented or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case‑by‑case basis.


ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Boutique Noma reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from Boutique Noma. We must receive and process your payment before your order is validated.

Please carefully review your order before submitting it, as Boutique Noma may not be able to accept cancellation requests once the order is confirmed. In case of refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at checkout.

Your purchases are subject to the return or exchange conditions outlined in our Refund Policy [[LINK]].

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


ARTICLE 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of your order and will be indicated in your order confirmation email.

Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from those offered in physical stores or on other online platforms operated by third parties.

We may occasionally offer promotions on our Services that affect pricing and are governed by separate terms. In case of conflict between promotion terms and these Terms, the promotion terms prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information—including email address, credit card numbers, and expiration dates—so we can complete your transactions and contact you if needed.

You represent and warrant that: (i) your credit card information is accurate and complete; (ii) you are authorized to use the card; (iii) charges incurred will be honored by your card issuer; (iv) you will pay all charges at the displayed prices, including shipping, handling, and applicable taxes.


ARTICLE 5 – SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times provided are estimates and not guaranteed. We disclaim all liability for delays caused by carriers, customs processes, or any event beyond our control.

Once products are handed over to the carrier, ownership and risk of loss transfer to you.


ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services—including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement—are the exclusive property of Boutique Noma, its subsidiaries, or its licensors. They are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms authorize you to use the Services solely for personal, non‑commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Nothing in these Terms shall be interpreted as granting you any license or rights to any patent, trademark, copyright, or other intellectual property of Boutique Noma, Shopify, or any third party.

Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted are reserved by Boutique Noma.

Boutique Noma’s names, logos, product names, service names, designs, and slogans are trademarks of Boutique Noma, its subsidiaries, or its licensors. You may not use them without prior written permission.

Shopify’s names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.


ARTICLE 7 – OPTIONAL TOOLS

You may be required to use customer tools provided by third parties as part of the Services—tools we do not monitor, control, or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available,” without warranties, representations, or conditions of any kind, and without endorsement. We disclaim all liability arising from or related to your use of optional third‑party tools.

Your use of optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure you understand and accept the applicable terms set by the relevant third‑party providers.

We may also introduce new features or tools in the future. These will be considered part of the Services and subject to these Terms of Use.


ARTICLE 8 – THIRD‑PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third‑party features). We are not responsible for reviewing or evaluating the content or accuracy of third‑party materials or websites you choose to access.

If you leave the Services to access third‑party materials or websites, you do so at your own risk.

We disclaim all liability for harm or damages related to your access to third‑party websites or your purchase or use of products, services, resources, or content from those sites.

We encourage you to carefully review third‑party policies and practices before making any transaction. Claims, complaints, concerns, or questions regarding third‑party products or services must be directed to the relevant third party.


ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Boutique Noma is powered by Shopify, which enables us to offer the Services. However, any sale or purchase made in our Store is conducted directly with Boutique Noma.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Boutique Noma, including any damage, harm, or loss resulting from purchased products or services.

You expressly release Shopify and its subsidiaries from any claims, damages, and liabilities arising from or related to your purchase and transaction with Boutique Noma.


ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve them.

Information you submit through the Services will be transmitted and shared with Shopify and third parties, which may be located in countries different from your own, in order to provide the Services.

Please consult our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.


ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, non‑exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; (iii) your Feedback complies with these Terms.

We are not obligated to: (1) maintain the confidentiality of your Feedback; (2) provide compensation for your Feedback; (3) respond to your Feedback.

We may, but are not required to, monitor, modify, or remove any Feedback we deem illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes intellectual property rights or these Terms.

You agree that your Feedback will not violate any third‑party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor any computer virus or malware.

You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of the Feedback.

You are solely responsible for your Feedback and its accuracy. We disclaim all liability for Feedback posted by you or any third party.


ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, offers, shipping fees, transit times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders in case of inaccurate information, at any time and without notice (including after your order is submitted).


ARTICLE 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly:

(a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state, or local regulations or laws; (c) in a manner that infringes intellectual property rights of Boutique Noma, Shopify, or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any employee or person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use, or reuse content that violates these Terms; (g) to transmit or cause the sending of advertising or promotional materials, including spam, chain letters, junk mail, or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in conduct that restricts or inhibits others’ use or enjoyment of the Services, or that may harm Boutique Noma, Shopify, or users.

Additionally, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) engage in spamming, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with or circumvent security features, authorization measures, robot exclusion headers, or any other measures we implement to restrict access.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any provision of these Terms.


ARTICLE 14 – AGENTS

This section applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An “Agent” refers to any software or service acting autonomously or semi‑autonomously on behalf of a person or entity.

You agree to: (i) ensure the Agent complies with these Terms; (ii) not misrepresent Agent interactions as human interactions; (iii) respond honestly to prompts determining whether interactions originate from a human or computer; (iv) not circumvent measures designed to block or limit Agent interactions.


ARTICLE 15 – TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You remain responsible for all amounts owed up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions whose nature requires survival.


ARTICLE 16 – WARRANTY DISCLAIMER

Information presented on or through the Services is provided for informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information.

Except as expressly stated by [MERCHANT], the Services and all products offered through them are provided “as is” and “as available,” without warranties of any kind, express or implied.

Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.


ARTICLE 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall [MERCHANT], our partners, officers, directors, employees, affiliates, agents, contractors, service providers, or licensors, nor Shopify or its affiliates, be liable for any damages, losses, claims, or injuries of any kind—direct, indirect, incidental, exemplary, special, or consequential.

This includes, without limitation, loss of profits, revenue, savings, data, replacement costs, or similar damages, arising from your use of the Services or any products obtained through the Services.


ARTICLE 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Boutique Noma, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim—including reasonable attorney fees—arising from:

(1) your breach of these Terms; (2) your violation of any law or third‑party rights; (3) your access and use of the Services.


ARTICLE 19 – SEVERABILITY

If any provision of these Terms is deemed illegal, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed. This does not affect the validity of the remaining provisions.


ARTICLE 20 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms, along with any policies or rules posted on our site, constitute the entire agreement between you and us and govern your use of the Service.


ARTICLE 21 – ASSIGNMENT

You may not assign, transfer, or delegate this agreement or any rights or obligations under these Terms without our prior written consent. Any unauthorized assignment is void.

We may assign or transfer these Terms without your consent.


ARTICLE 22 – GOVERNING LAW

These Terms and any separate agreements under which we provide the Services are governed by federal laws and the laws of the state or territory where Boutique Noma is headquartered.

You and Boutique Noma expressly consent to the jurisdiction of those courts.


ARTICLE 23 – HEADINGS

Headings are included for convenience only and do not affect interpretation.


ARTICLE 24 – CHANGES TO THE TERMS OF USE

You may review the most recent version of the Terms at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms by posting updates on our website. You are responsible for checking for changes periodically.

We will notify you of any material changes as required by law. Continued use of the Services after changes are posted constitutes acceptance.


ARTICLE 25 – CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at: info@boutiquenoma.ca

Boutique Noma info@boutiquenoma.ca 2695, cîte de Terrebonne, Terrebonne, QC, J6Y 1H3 438‑397‑1624