Terms of service

Terms of Service

These Terms of Service ("Terms") govern your access to and use of www.noctrascent.com and any purchase made directly from NOCTRA through the website.

The website is operated by [DZH TRADE HUB], SSM registration number [NS0311099-M], trading as NOCTRA ("NOCTRA", "we", "us" or "our").

By accessing the website, submitting an order or purchasing a product, you agree to these Terms and the policies referenced in them. If you do not agree, do not use the website or submit an order.

Eligibility

You must have legal capacity to enter into a binding contract. If you are under 18, you may use the website and place an order only with the involvement and permission of a parent or legal guardian.

You must provide accurate, current and complete information during checkout and must not use the website for an unlawful or fraudulent purpose.

Products and descriptions

We take reasonable care to describe and display our products accurately. However:

  • Screen settings, lighting and photography may affect how colours and packaging appear;
  • Minor packaging or presentation changes may occur without changing the essential product;
  • Fragrance perception, projection, longevity and skin development vary between individuals and environments; and
  • Descriptive fragrance language is intended to communicate the composition and experience and is not a guarantee of an identical subjective response for every customer.

Nothing in this section excludes responsibility for a materially inaccurate description, defective product or any non-excludable consumer guarantee.

Safe use

Use fragrance products only as directed. They are for external use only. Avoid contact with eyes, broken skin and sensitive areas. Keep away from flame, heat and children. Stop use if irritation occurs and obtain appropriate medical advice where necessary.

Product ingredient or allergen information should be reviewed before use where relevant to you. Personal sensitivity that is not caused by a defect does not, by itself, make a product defective.

Prices and charges

Prices are displayed in Malaysian Ringgit unless stated otherwise.

The product price, applicable shipping charge, tax and any other mandatory charge will be displayed before you submit payment. We may change prices prospectively at any time, but a change will not alter an order already accepted except where required to correct an obvious error and permitted by law.

If a pricing or product-information error is discovered, we may contact you before accepting or fulfilling the order. You may choose to proceed at the correct price or cancel for a full refund. We will not charge an undisclosed fee.

Orders and contract formation

Submitting an order is an offer to purchase. An automated acknowledgement confirms that we received the order; it does not necessarily mean the order has been accepted.

We may refuse or cancel an order before dispatch for a legitimate reason, including:

  • Product unavailability;
  • A pricing or description error;
  • Suspected fraud or unauthorised payment;
  • Breach of these Terms;
  • A delivery restriction; or
  • A legal or regulatory requirement.

If we cancel after payment has been captured, we will issue an appropriate refund to the original payment method.

The contract is accepted when we send confirmation of fulfilment or dispatch, unless applicable law provides otherwise.

Availability and purchase limits

All orders are subject to availability. Adding a product to a cart does not reserve it.

We may impose reasonable purchase limits or cancel quantities that reasonably appear to be intended for unauthorised resale, fraud or abuse. We will not use this right in a manner that unlawfully discriminates against a customer or avoids a valid consumer obligation.

Payment

You must use an authorised payment method and provide accurate billing information. Payment services are provided by Shopify and the payment providers displayed at checkout and may be subject to their own terms and privacy policies.

An order may be delayed or cancelled if payment is declined, reversed, flagged for verification or not successfully completed.

Promotions

A promotion, discount code, launch offer or gift is subject to its stated period and conditions. Unless expressly stated:

  • Promotions cannot be combined;
  • A discount has no cash value;
  • A code may be limited to one use per customer or order;
  • A promotion is subject to availability; and
  • We may correct or cancel a promotion affected by fraud, technical error or misuse.

These provisions do not affect an order already validly accepted except where permitted by law.

Shipping

We currently ship within Malaysia. Processing times, estimated delivery periods, tracking, address responsibilities and delivery issues are governed by our Shipping Policy.

Delivery dates are estimates unless expressly guaranteed. We are not responsible for a delay caused by an event beyond our reasonable control, but we will provide any remedy required by law.

Cancellations, returns and refunds

Order cancellations, damaged or incorrect items, returns and refunds are governed by our Return and Refund Policy.

No term in that policy or these Terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded.

Customer accounts

If accounts are available, you are responsible for maintaining the confidentiality of your credentials and for activity carried out through your account. Notify us promptly if you suspect unauthorised access.

We may suspend or close an account reasonably believed to be compromised, fraudulent or used in material breach of these Terms.

Acceptable use

You must not:

  • Use the website for an unlawful, fraudulent or abusive purpose;
  • Interfere with the website's security or operation;
  • Introduce malicious code;
  • Scrape, copy or extract website content through unauthorised automated means;
  • Attempt to gain unauthorised access to an account, system or data;
  • Submit false, misleading or infringing content;
  • Impersonate another person; or
  • Use our intellectual property without permission.

We may restrict access where reasonably necessary to protect the website, customers, NOCTRA or third parties.

Intellectual property

The NOCTRA name, logos, product names, bottle and packaging artwork, photographs, copy, graphics, website design and other content are owned by or licensed to [DZH TRADE HUB] and are protected by applicable intellectual-property laws.

You may use the website for personal, non-commercial shopping purposes. No content may be reproduced, modified, distributed, sold, exploited or used commercially without prior written permission, except as permitted by law.

Customer content

If you submit a review, photograph, comment or other content, you confirm that you have the right to submit it and that it is accurate, lawful and does not infringe another person's rights.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for operating, promoting and improving NOCTRA, subject to applicable privacy law and any specific consent requirements. We may remove unlawful, misleading or abusive content.

Third-party services and links

The website may use or link to third-party services, including Shopify, payment providers, couriers and social-media platforms. Their services may be governed by separate terms.

We are not responsible for an independent third party's acts, content or availability except to the extent responsibility cannot lawfully be excluded.

Website availability

We may update, suspend or modify the website for maintenance, security or operational reasons. We do not guarantee uninterrupted or error-free access, but this does not affect an accepted order or any non-excludable consumer right.

Liability

To the fullest extent permitted by law, neither party will be liable for an indirect or consequential loss that was not reasonably foreseeable when the contract was formed.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, death or personal injury caused by negligence where applicable, or a breach of a non-excludable consumer guarantee.

Events beyond reasonable control

We are not responsible for a delay or failure caused by an event beyond our reasonable control, including severe weather, natural disaster, epidemic, transport disruption, industrial action, government action, telecommunications failure or courier network interruption.

We will take reasonable steps to minimise the effect and will provide any cancellation, refund or other remedy required by law.

Governing law

These Terms are governed by the laws of Malaysia. The courts and consumer tribunals of Malaysia will have jurisdiction, without preventing a consumer from exercising any right to bring a claim in another forum where applicable law requires.

Severability and waiver

If any provision is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

A delay or failure to enforce a provision is not a waiver of that provision or any other right.

Changes to these Terms

We may update these Terms prospectively. The current version will be posted with its updated date. The Terms applicable to an order are ordinarily those in effect when the order is submitted, subject to mandatory law.

Contact

Questions about these Terms may be sent to:

[DZH TRADE HUB] trading as NOCTRA
SSM registration number: [NS0311099-M]
Address: No 17, Jalan Bunga Matahari 2, Taman Maju Jaya Fasa 3, Cheras, 56100, WPKL
Email: support@noctrascent.com
Telephone: 011-28575714