Terms & Conditions

Last updated: September 2026

These Terms & Conditions ("Terms") govern your use of the Noctura website and your purchase of products through noctura-shop.com.

The website is operated by Damian Malec Marketing, trading as Noctura ("we", "us", "our").

By using our website or placing an order, you agree to these Terms.

1. About Our Store

Noctura is an online store operated by:

Business name: Damian Malec Marketing
Trading name: Noctura
Website: noctura-shop.com
Email: hello@noctura-shop.com

We reserve the right to update or modify these Terms from time to time. The version applicable to your purchase will be the version in effect at the time you place your order.

2. Products and Product Information

We make reasonable efforts to ensure that product descriptions, images, specifications and other information displayed on our website are accurate and up to date.

However:

• colours may appear differently depending on your device or screen;

• product images may differ slightly from the actual product;

• measurements and specifications may have reasonable variations; and

• product availability may change without notice.

We reserve the right to correct errors, inaccuracies or omissions and to update product information at any time.

3. Product Availability

All products are subject to availability.

If a product becomes unavailable after you place an order, we will contact you and may offer an alternative solution or provide a refund for the unavailable product.

We reserve the right to limit quantities available for purchase where reasonably necessary.

4. Prices

All prices displayed on our website are shown in the currency indicated at checkout.

Prices may change at any time. A price change will not affect an order that has already been accepted by us.

We make reasonable efforts to ensure that prices are displayed correctly. If a significant pricing error occurs, we may contact you before fulfilling the order.

5. Orders

When you place an order through our website, you are making an offer to purchase the selected products.

After placing an order, you may receive an order confirmation email. This confirms that we have received your order but does not necessarily mean that the order has been accepted.

We may refuse or cancel an order where reasonably necessary, including where:

• a product is unavailable;

• there is a pricing or product information error;

• we suspect fraudulent or unauthorised activity;

• payment cannot be processed;

• the order appears to have been placed in breach of these Terms; or

• we are unable to fulfil the order for reasons outside our reasonable control.

If we cancel an order after payment has been received, we will provide an appropriate refund.

6. Payment

Payments are processed through third-party payment providers available at checkout.

We do not generally store complete payment card details on our own systems.

You must provide accurate and complete payment information when placing an order.

By submitting payment details, you confirm that you are authorised to use the selected payment method.

7. Shipping and Delivery

We aim to process and dispatch orders within the timeframe stated on our website.

Estimated delivery times are estimates only and may vary due to factors outside our reasonable control, including:

• courier delays;

• customs processing;

• weather events;

• public holidays;

• incorrect delivery information; or

• other events affecting transportation.

Once an order has been dispatched, tracking information may be provided where available.

You are responsible for providing an accurate delivery address.

If an order cannot be delivered because an incorrect or incomplete address was provided, additional shipping costs may apply.

8. International Orders and Customs

Where applicable, international orders may be subject to customs duties, taxes, import charges or other fees imposed by the destination country.

Unless expressly stated otherwise at checkout, these charges are the responsibility of the customer.

Customs procedures may also cause delays that are outside our control.

9. Returns and Refunds

Our Returns & Refunds Policy forms part of these Terms.

You can review our full Returns & Refunds Policy on our website.

Nothing in our returns policy or these Terms is intended to exclude, restrict or modify any rights you have under the Australian Consumer Law (ACL).

10. Australian Consumer Law

Our products come with consumer guarantees under the Australian Consumer Law that cannot be excluded.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Where a product has a major failure, you may generally be entitled to a refund or replacement and, in some circumstances, compensation for reasonably foreseeable loss or damage.

Where a product has a minor failure, you may generally be entitled to have the product repaired or replaced within a reasonable time.

Your rights under the Australian Consumer Law apply in addition to any voluntary rights or warranties offered by us.

11. Change of Mind

Our voluntary change-of-mind return policy is separate from your rights under the Australian Consumer Law.

Where a product is eligible for a change-of-mind return, the conditions described in our Returns & Refunds Policy will apply.

Nothing in our change-of-mind policy limits your statutory rights.

12. Promotions and Discount Codes

From time to time, we may offer promotional discounts, discount codes or special offers.

Unless otherwise stated:

• promotional codes must be entered at checkout;

• promotions cannot be combined;

• promotional offers are subject to availability;

• a promotion may have additional terms;

• we reserve the right to end a promotion at any time; and

• promotional codes cannot be exchanged for cash.

Specific promotional terms displayed with an offer will take precedence over these general Terms where applicable.

13. Intellectual Property

All content on our website, including:

• logos;

• brand names;

• product images;

• photographs;

• graphics;

• text;

• website design;

• videos; and

• other original content

is owned by or licensed to Damian Malec Marketing or Noctura, unless otherwise stated.

You may not reproduce, distribute, modify, publish, sell or commercially exploit our content without our prior written permission.

14. Website Use

You agree not to use our website:

• for any unlawful purpose;

• to commit fraud;

• to interfere with the operation or security of the website;

• to attempt to gain unauthorised access to our systems;

• to introduce malicious code or software;

• to collect information about other users without authorisation; or

• in any way that could damage our business or website.

We may restrict or suspend access to the website where reasonably necessary to protect our business, customers or systems.

15. Third-Party Services

Our website may use third-party services, including payment providers, ecommerce platforms, analytics services, advertising platforms, shipping providers and other technology providers.

These third parties may have their own terms and privacy policies.

We are not responsible for the independent operation or policies of third-party services.

16. Links to Other Websites

Our website may contain links to third-party websites.

These links are provided for convenience only.

We do not control and are not responsible for the content, availability, security or privacy practices of third-party websites.

17. Limitation of Liability

To the maximum extent permitted by law, we exclude liability for loss or damage arising from your use of our website or products, except where such liability cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any liability, guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.

Where liability cannot be excluded but may lawfully be limited, our liability will be limited to the extent permitted by applicable law.

18. Events Beyond Our Control

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control.

These may include:

• natural disasters;

• severe weather;

• transport disruptions;

• strikes;

• government actions;

• telecommunications failures;

• cyber incidents;

• pandemics;

• supplier disruptions; or

• other events beyond our reasonable control.

Where such an event occurs, we will take reasonable steps to minimise its impact.

19. Privacy

Your use of our website is also subject to our Privacy Policy.

Our Privacy Policy explains how we collect, use, store and disclose personal information.

20. Governing Law

These Terms are governed by the laws applicable to the operation of our business, without limiting any mandatory consumer rights that apply to customers in Australia.

Nothing in these Terms prevents an Australian consumer from exercising rights or remedies available under the Australian Consumer Law or other applicable Australian legislation.

21. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable.

The remaining provisions will continue to apply.

22. Contact Us

If you have any questions about these Terms, an order or our products, please contact us:

Business name: Damian Malec Marketing
Trading name: Noctura
Email: hello@noctura-shop.com
Website: noctura-shop.com