Last Updated: 20 February 2025

1. INTRODUCTION

Welcome to Noir Élégance. These Terms and Conditions establish the legal framework that governs the use of our website https://noirelegance.in/ and the purchase of products through our online store.

By accessing or using this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree with any part of these terms, we advise you to discontinue the use of our website immediately. These Terms and Conditions apply to all users, including visitors, registered customers, and any individuals who access the website in any capacity.

Our website provides a platform for purchasing high-quality clothing products that reflect the essence of streetwear with a semi-luxury appeal. We strive to maintain transparency in our policies and provide a seamless shopping experience for our customers.

We reserve the right to modify, update, or change these Terms and Conditions at any time without prior notice. It is your responsibility to review these terms periodically for any updates. Your continued use of our website after modifications signifies your acceptance of the revised Terms and Conditions.


2. OUR DETAILS

Business Name: Noir Élégance (also referred to as “Noir Elegance”)
Business Location: Kerala, India
Manufacturing Location: Tamil Nadu, India
Contact Information: care@noirelegance.in
Products Sold: Clothing
Accepted Payment Methods: UPI, Debit Cards, Credit Cards, and Net Banking, EMI, Pay Later and Wallet Payments (Indian Rupees Only)
Payment Gateway: Cashfree Payments

Noir Élégance is a premium clothing brand specializing in high-quality streetwear with a focus on minimalist and oversized designs. Our manufacturing operations are based in Tamil Nadu, India, ensuring top-tier craftsmanship and premium materials. We are committed to delivering exceptional clothing that meets industry standards and aligns with our vision of contemporary fashion.

We provide a secure and seamless shopping experience with multiple payment options for customer convenience. Our payment gateway partner, Cashfree Payments, ensures all transactions are encrypted and securely processed.

If you have any inquiries, suggestions, or concerns, you may reach out to us via care@noirelegance.in, and our support team will assist you promptly.


3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

By using this website, you agree to provide accurate, complete, and updated personal information, including but not limited to your full name, email address, phone number, and complete delivery address. This information is essential for processing your orders efficiently and ensuring timely deliveries.

Failure to provide correct information may result in delays, misdeliveries, or cancellation of your order. If we detect any discrepancies in the details provided, we reserve the right to contact you for verification before processing your order. In case of unresponsive communication, Noir Élégance holds the right to cancel your order without prior notice.

All personal information collected is handled with utmost confidentiality and is processed in accordance with our Privacy Policy. We take necessary security measures to protect customer data from unauthorized access, misuse, or breaches. Your data will not be shared, sold, or disclosed to third parties unless required by law or for essential operational purposes, such as order fulfillment and payment processing.

For security reasons, you are responsible for maintaining the confidentiality of your account credentials. If you suspect any unauthorized access to your account, notify us immediately at care@noirelegance.in. Noir Élégance shall not be held responsible for losses or damages resulting from unauthorized account usage.

By visiting our website, you consent to the use of cookies and tracking technologies for analytics, personalized advertising, and improving user experience. You may review our Cookies Policy for more information on managing these preferences.

We encourage customers to keep their contact details updated in their account profiles to ensure smooth order processing and communication. Any modifications to personal details after order placement must be communicated to our support team as soon as possible, but changes may not always be possible once the order is confirmed.


5. SERVICE AVAILABILITY

Our website and its services are primarily available for customers within India. We do not guarantee availability outside India, but we may consider international orders on a case-by-case basis. Such orders may be subject to additional shipping charges, customs duties, and compliance with international trade regulations.

We reserve the right to modify, suspend, or discontinue certain features of the website or services without prior notice due to business, security, or legal reasons.


6. FORMALISING THE CONTRACT

To place an order, you must follow the online checkout process and make a payment using the available payment methods. Once the payment is successfully processed, you will receive an Order Confirmation email as proof of receipt of your order. However, this does not constitute formal acceptance of the order.

The contract between you and Noir Élégance is only formed when we send you a Shipping Confirmation email, which indicates that your order has been dispatched.

Once an order is accepted, it cannot be canceled or modified. Please review your order details carefully before proceeding with the payment.


7. TECHNICAL MEANS TO CORRECT ERRORS

If you detect an error in your personal details or order information after completing the checkout process, you must contact our support team at care@noirelegance.in immediately.

While we will make reasonable efforts to rectify errors, changes may not always be possible once the order has been processed for shipping. Noir Élégance shall not be responsible for any losses incurred due to incorrect details provided by the customer.


8. AVAILABILITY OF PRODUCTS

All orders are subject to stock availability. While we strive to keep our inventory updated, certain products may sell out before the system reflects the change. In the event that an item you ordered is out of stock:

  1. We will notify you via email or phone.

  2. You will be given the option to wait for restocking, select an alternative product, or receive a full refund.

Noir Élégance reserves the right to discontinue or modify product offerings without prior notice.


9. REFUSAL TO PROCESS AN ORDER

We reserve the right to refuse or cancel any order at our discretion under the following circumstances:

  1. Suspected fraud: If we detect suspicious activity, unauthorized transactions, or potential fraud, the order will be canceled.

  2. Incorrect pricing or description errors: If a product is listed with an incorrect price or description due to technical or human error, we reserve the right to cancel the order before dispatching it.

  3. Product unavailability: If an item is out of stock and an alternative cannot be offered.

  4. Violation of terms: If we believe that a user is misusing our website or services in violation of these Terms and Conditions.

If an order is canceled, a full refund will be issued using the original payment method.


10. DELIVERY

We strive to ensure that all orders are delivered in a timely and efficient manner. The details of our delivery process are as follows:

  • Shipping Partner: We use Delhivery as our primary courier service provider for deliveries within India.

  • Estimated Delivery Time: Standard delivery time is 4 to 7 business days, depending on the location. However, unforeseen circumstances such as public holidays, natural disasters, or courier delays may extend delivery times.

  • Delivery Charges: Shipping fees apply to all orders unless otherwise stated. We may offer free shipping promotions from time to time, which will be clearly mentioned during checkout.

  • International Shipping: We do not offer standard international shipping. However, we may consider international orders on special requests, subject to additional shipping fees, taxes, and customs clearance.

  • Tracking: Once your order has been shipped, a tracking number will be provided via email or SMS. You can use this tracking number to monitor the status of your delivery through our courier partner’s website.

Noir Élégance is not responsible for delays caused by unforeseen circumstances beyond our control, including but not limited to:

  • Courier service disruptions

  • Customs clearance delays

  • Incorrect delivery details provided by the customer

If a package is returned to us due to an incorrect address or failure to collect, additional shipping charges may apply for re-dispatch.


11. INABILITY TO DELIVER

If delivery is unsuccessful due to an incorrect address, unavailability of the recipient, or refusal to accept the package, the order may be returned to us by the courier. In such cases, we will attempt to contact you using the details provided during the order placement.

If we are unable to reach you or receive no response within a reasonable timeframe, the following actions may apply:

  1. Re-shipping: If you request a re-delivery, additional shipping charges will be applicable. The re-shipment will only be processed once the extra charges are paid.

  2. Refunds: If you choose not to have the order re-shipped, we may process a refund after deducting the original shipping charges and any additional return costs incurred by us.

  3. Non-collection: Orders that remain undelivered due to the customer’s failure to collect or provide accurate delivery information will not be eligible for full refunds.

It is the customer’s responsibility to ensure that the provided shipping address is accurate and accessible at the time of delivery. Noir Élégance is not responsible for delays or non-delivery due to incomplete or incorrect address details.


12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The ownership of a product is transferred to you only after full payment has been successfully processed and received by Noir Élégance. However, the risk associated with the product, including loss or damage, is transferred to you once the order has been delivered to the provided address and confirmed as received.

If you opt for cash-on-delivery (COD) orders (if applicable in the future), the risk will be transferred upon successful handover of the package, and you must ensure that the items are received in good condition.

If a package is marked as delivered but you claim not to have received it, you must report the issue to our support team at care@noirelegance.in within 48 hours. We will coordinate with the courier service to investigate the matter, but Noir Élégance is not liable for stolen or misplaced packages once the tracking information confirms successful delivery.


13. PRICE AND PAYMENT
  • All prices displayed on our website are in Indian Rupees (INR) and include Goods and Services Tax (GST) as applicable under Indian tax laws.

  • Payments are securely processed via Cashfree Payments, our third-party payment gateway partner. Noir Élégance does not store or have access to your payment credentials.

  • We reserve the right to adjust pricing at any time without prior notice. However, once an order has been placed and confirmed, the price applicable at the time of purchase will remain unchanged.

  • In the event of pricing errors due to system or human mistakes, we reserve the right to cancel any affected order before shipping. If payment has already been made, a full refund will be issued.

  • Payment transactions must be successfully completed before order processing. If a payment fails or remains incomplete, the order will not be confirmed.

  • Noir Élégance accepts the following payment methods:

    1. UPI (Unified Payments Interface)

    2. Debit Cards (Visa, Mastercard, RuPay, etc.)

    3. Credit Cards (Visa, Mastercard, American Express, etc.)

    4. Net Banking (Indian banks only)

Customers are advised to ensure secure transactions and not share their payment details with unauthorized parties. Noir Élégance will never request your banking credentials via email, phone, or social media.


14. INVOICE
  • Upon successful completion of your order, a digital invoice will be sent to the registered email address provided during checkout.

  • The invoice will include order details, product descriptions, pricing breakdown, applicable taxes, and shipping charges (if any).

  • If you require a physical invoice, you may request it at care@noirelegance.in at the time of placing the order. We will attempt to accommodate such requests, but we encourage digital invoicing as an environmentally friendly alternative.

  • Invoices are generated in compliance with Indian GST regulations, and customers may use them for accounting or tax-related purposes.

  • If you detect an error in your invoice, contact us immediately for correction. Invoice modifications will only be considered for valid discrepancies and must be requested within 7 days of order receipt.


15. BUYING GOODS AS A GUEST

Noir Élégance allows customers to purchase goods without creating an account. However, even as a guest, you must provide accurate personal details, including:

  1. Full Name

  2. Email Address

  3. Phone Number

  4. Billing and Shipping Address

Guest checkouts are subject to the same Terms and Conditions as registered users, including payment policies, shipping terms, and return/exchange policies.

Benefits of creating an account include:

  • Order History Access: View past and current orders.

  • Faster Checkout: Save shipping details for future orders.

  • Exclusive Offers: Access special promotions and loyalty rewards.

If you choose to proceed as a guest, please ensure that the provided details are accurate, as order modifications or cancellations are not permitted after checkout. Noir Élégance is not responsible for order issues arising due to incorrect information provided at checkout.

For assistance, please contact our customer support team at care@noirelegance.in.


16. TAXES
  • All applicable taxes, including Goods and Services Tax (GST), are included in the product pricing displayed on the website.

  • Tax rates are applied as per government regulations and may be subject to changes without prior notice.

  • Customers are responsible for any additional local or state taxes applicable in their region if required by law.

  • The tax details are clearly outlined in the invoice generated for each purchase.


17. EXCHANGE/RETURN POLICY

Noir Élégance strives to ensure customer satisfaction. If you are not satisfied with your purchase, you may request a return or exchange under the following conditions:

  1. Eligibility for Returns:

    • Returns must be initiated within 5 days of delivery.

    • The product must be unworn, unwashed, unused, and returned in its original packaging with tags intact.

    • The product must not have any stains, damages, or signs of wear.

  2. Procedure for Returns:

    • Customers must provide a video of the unboxing to validate claims of damaged, defective, or incorrect items received.

    • Requests for returns should be made by contacting care@noirelegance.in with order details and supporting evidence (photos/videos).

    • Once approved, the customer will receive instructions on how to return the product.

  3. Refund & Exchange Policy:

    • Refunds are processed only after the returned product passes a quality inspection at our facility.

    • Refunds will be credited via the original payment method within 7-10 business days after approval.

    • Exchanges may be provided if the requested replacement product is available.

    • Items purchased on sale, clearance, or promotional discounts are not eligible for returns or exchanges.

  4. Return Shipping:

    • If the return is due to an error on our part (wrong or defective product), we will cover the return shipping charges.

    • If the return is due to a change of mind, size issue, or customer preference, the return shipping cost will be borne by the customer.


18. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
  • Noir Élégance is committed to delivering high-quality products but is not liable for indirect, incidental, or consequential damages arising from product use.

  • We do not guarantee uninterrupted or error-free website operations and are not responsible for any technical issues beyond our control.

  • We are not liable for shipping delays, product loss, or damages caused by third-party logistics providers.

  • Customers are advised to inspect products upon delivery and report any defects immediately.

  • This policy does not override consumer rights under Indian Consumer Protection Laws.


19. INTELLECTUAL PROPERTY
  • All content, including text, images, graphics, designs, trademarks, and logos, displayed on the Noir Élégance website is the intellectual property of Noir Élégance.

  • No individual or entity is allowed to copy, reproduce, modify, distribute, or commercially exploit any content from the website without obtaining prior written consent.

  • Unauthorized use of our intellectual property may result in legal action.


20. VIRUSES, PIRACY, AND OTHER COMPUTER ATTACKS
  • Noir Élégance employs strict security measures to protect its website and customer data from cyber threats, including viruses, malware, and hacking attempts.

  • Users must not attempt to introduce malicious software, access unauthorized data, or disrupt website functionality.

  • While we take all reasonable precautions to secure our website, we are not responsible for damages caused by:

    • Cyber-attacks, data breaches, phishing scams, or fraudulent activities beyond our control.

    • Third-party website links that may be compromised.

  • Customers are advised to use updated antivirus software and report any suspicious activity to care@noirelegance.in immediately.


21. LINKS FROM OUR WEBSITE
  • Our website may contain links to third-party websites, including social media platforms, partner retailers, and external resources, for informational or promotional purposes.

  • These third-party websites operate independently, and Noir Élégance has no control over their content, policies, or practices.

  • We do not endorse, guarantee, or assume responsibility for the accuracy, security, or reliability of external websites.

  • Users who choose to access third-party links do so at their own risk. We encourage reviewing the terms and privacy policies of such websites before engaging with them.

  • Noir Élégance is not liable for any damages, losses, or security breaches resulting from the use of third-party links.


22. WRITTEN COMMUNICATION
  • All formal communication between Noir Élégance and customers, including but not limited to order confirmations, invoices, shipping updates, return authorizations, and legal notices, will be sent electronically via email.

  • By using our website, you consent to receiving all communications in digital form, which will serve as legally binding notices.

  • It is the customer’s responsibility to ensure their email address is accurate and active to receive important updates and notifications.

  • If you need to communicate with us in writing, you may do so by contacting care@noirelegance.in.


23. NOTIFICATIONS
  • All notifications from Noir Élégance regarding orders, delivery updates, return requests, policy changes, and promotional offers will be sent to the email address provided at the time of checkout or account registration.

  • In addition to email, we may send important updates via SMS or WhatsApp for faster communication regarding deliveries, order statuses, and urgent customer service interactions.

  • Customers must ensure that their contact details are accurate and updated to avoid missing essential notifications.

  • Noir Élégance will not be responsible for any delays, losses, or miscommunications resulting from incorrect or inactive email addresses or phone numbers provided by customers.

  • Any notification sent by Noir Élégance shall be deemed received within 24 hours of dispatch, unless a failure notification is received.


24. TRANSFER OF RIGHTS AND OBLIGATIONS
  • Customers are not permitted to assign, transfer, or delegate their rights and obligations under this agreement to any other party without prior written consent from Noir Élégance.

  • Noir Élégance reserves the right to transfer, assign, or subcontract its rights and obligations under this contract to third-party service providers, logistics partners, or affiliated businesses if necessary for operational efficiency.

  • Any such transfer shall not affect the customer’s rights under these Terms and Conditions.


25. EVENTS BEYOND OUR CONTROL
  • Noir Élégance shall not be held liable for any delays, failures, or disruptions caused by events beyond our reasonable control, including but not limited to:

    1. Natural disasters (earthquakes, floods, storms, fires, pandemics, etc.).

    2. Government actions (trade restrictions, import/export bans, regulatory changes, lockdowns, etc.).

    3. Labor strikes or industrial disputes that impact manufacturing, logistics, or courier services.

    4. Internet, telecommunication, or power failures that disrupt online services.

    5. Acts of terrorism, war, civil unrest, or riots affecting supply chains and transportation.

    6. Operational failures of third-party logistics, courier services, or payment gateways beyond our control.

  • In such cases, Noir Élégance will make reasonable efforts to resume services as soon as possible, but we shall not be liable for any compensation or damages arising due to these uncontrollable events.

  • Customers will be informed of delays through email, SMS, or WhatsApp notifications where applicable.


26. WAIVING RIGHTS
  • Failure by Noir Élégance to enforce any provision or exercise any right under these Terms and Conditions shall not be considered a waiver of such rights or provisions.

  • Any waiver granted by Noir Élégance must be explicitly stated in writing to be legally effective.

  • A waiver of one instance does not imply a waiver of any subsequent breaches or rights in the future.

  • Noir Élégance reserves the right to enforce its rights at any time, even if it has previously chosen not to do so.


27. PARTIAL ANNULMENT
  • If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court or regulatory authority, the remaining provisions shall remain fully valid and enforceable.

  • In such cases, Noir Élégance and the customer agree to replace the unenforceable clause with a legally valid provision that closely reflects the original intent.

  • The invalidity of any part of these Terms and Conditions shall not affect the validity or enforceability of the rest of the agreement.


28. ENTIRE CONTRACT
  • These Terms and Conditions, along with our Privacy Policy, Return Policy, and any other referenced documents, constitute the entire agreement between Noir Élégance and the customer.

  • This agreement supersedes any prior understandings, agreements, or representations, whether written or verbal, between both parties regarding the subject matter herein.

  • Any modifications or additional agreements must be documented and agreed upon in writing by Noir Élégance to be legally binding.


29. OUR RIGHT TO MODIFY THESE CONDITIONS
  • Noir Élégance reserves the right to update, modify, or change these Terms and Conditions at any time.

  • Any modifications will take effect upon posting the revised version on our website, https://noirelegance.in/.

  • Continued use of our website and services after such changes constitutes acceptance of the updated Terms and Conditions.

  • Customers are encouraged to review this page periodically to stay informed of any updates.


30. APPLICABLE LEGISLATION AND JURISDICTION
  • These Terms and Conditions are governed by and construed in accordance with the laws of India.

  • Any disputes, claims, or controversies arising from or relating to these terms shall be subject to the exclusive jurisdiction of the courts in Kerala, India.

  • Both parties agree to attempt amicable resolution of disputes before initiating legal proceedings.


31. COMMENTS AND SUGGESTIONS
  • We value customer feedback and encourage users to share their comments, questions, or suggestions regarding our products and services.

  • You may contact us at care@noirelegance.in for any inquiries, concerns, or recommendations.

  • Our team is dedicated to ensuring customer satisfaction and will make reasonable efforts to address your concerns promptly.

Thank you for shopping with Noir Élégance!

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