Terms of service
Overview
Welcome to Electric Noon.
The terms “we,” “us,” and “our” refer to Electric Noon. Electric Noon operates this website and online store, including the information, content, features, products, and services made available through it, collectively referred to as the “Services.”
These Terms of Service, together with any policies referenced in them, explain the rights and responsibilities that apply when you access or use the Services.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By accessing, browsing, interacting with, or purchasing through the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not access or use the Services.
Section 1 — Access and Accounts
By using the Services, you confirm that you are at least the age of majority in your state, province, or other place of residence. If you allow a minor to use the Services through a device or account you control, you accept responsibility for that use.
When you browse the store, create an account, or place an order, you may be asked to provide information such as your email address, billing details, payment information, and shipping address. You agree that all information you provide is accurate, current, complete, and provided with proper authorization.
You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person.
Section 2 — Our Products
We make reasonable efforts to present our products accurately, including their colors, designs, dimensions, materials, and other relevant details. However, colors and appearance may vary slightly depending on your screen, device settings, lighting, and the natural differences that can occur during printing and production.
Product images may include digital mockups or styled photographs intended to show the design, placement, and general appearance of the item. Minor differences between those images and the finished product are not considered defects.
Product descriptions, prices, available colors, sizes, and other details may be updated without notice. We may modify or discontinue a product at any time and may limit sales by quantity, customer, location, or jurisdiction when reasonably necessary.
Section 3 — Orders
When you place an order, you are offering to purchase the selected products under these Terms. An order is accepted only after payment has been successfully processed and Electric Noon confirms the order.
Please review your order carefully before submitting it, including the product, color, size, quantity, shipping address, and payment information. Because some products may enter production shortly after an order is placed, cancellation or modification requests cannot be guaranteed.
Electric Noon may decline, modify, or cancel an order when reasonably necessary, including in cases involving suspected fraud, payment issues, pricing or listing errors, product unavailability, shipping restrictions, or unusually large quantities. If we change or cancel an order, we will attempt to contact you using the email address, billing information, or phone number provided with the order. Any payment collected for a canceled item will be refunded.
Returns and refunds are governed by our Refund Policy.
Products sold through Electric Noon are intended for personal or household use unless we agree otherwise in writing. You may not purchase products for unauthorized resale, export, or other commercial distribution.
Section 4 — Prices and Billing
Prices, discounts, and promotions may change without notice. The price charged for a product will be the price shown when the order is placed and confirmed in the order confirmation.
Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, customs duties, import fees, or other charges that may apply to the order.
Prices offered through Electric Noon may differ from prices offered through other websites, marketplaces, retail locations, or third-party sellers. Promotions may be subject to additional terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion.
You agree to provide accurate, current, and complete billing, payment, shipping, and account information. You are responsible for keeping that information updated so we can process your order and contact you when necessary.
By submitting payment information, you confirm that you are authorized to use the selected payment method. You agree to pay the product price, shipping charges, applicable taxes, and any other fees shown before you complete the order.
Yes. If Electric Noon contributed to the delay, you should not hide behind the carrier.
For example:
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Electric Noon took too long to submit the order for production.
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The order sat before fulfillment began.
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The wrong address was transmitted.
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The customer was given an unrealistic delivery estimate.
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A known fulfillment problem was not communicated promptly.
In those cases, Electric Noon owns its part. USPS may also be slow, but that does not erase your responsibility.
The clause should distinguish between delays you caused and delays you could not reasonably control:
Section 5 — Shipping and Delivery
Delivery dates and transit times are estimates and are not guaranteed. Delays may occur because of production time, carrier disruptions, severe weather, address problems, customs processing, or other circumstances.
Electric Noon is not responsible for delays caused by shipping carriers or events outside our reasonable control. We remain responsible for delays caused by our own actions, errors, or failure to process an order within the timeframe stated to the customer.
If an order is lost, damaged, delivered incorrectly, or significantly delayed, contact us at hi@electricnoon.com so we can review the circumstances and determine the appropriate resolution under our shipping and refund policies.
Customers are responsible for providing a complete and accurate shipping address. Additional costs caused by an incorrect or incomplete address may be charged to the customer.
Section 6 — Intellectual Property
The original content on this website, including text, artwork, photographs, graphics, videos, audio, product designs, and the overall arrangement of that content is owned by Electric Noon or used with permission from its respective owner. This content is protected by applicable copyright, trademark, and other intellectual-property laws.
You may access and use the website for personal, noncommercial purposes. You may not copy, reproduce, modify, distribute, republish, sell, publicly display, or create derivative works from Electric Noon content without our prior written permission, except where the law permits otherwise.
Nothing on this website gives you ownership of or permission to use Electric Noon’s intellectual property beyond the limited personal use described above.
The Electric Noon name, logos, product names, designs, slogans, and other brand identifiers may be protected as trademarks. You may not use them in a way that suggests sponsorship, endorsement, affiliation, or authorization by Electric Noon without our written permission. Trademark rights can apply to names, logos, slogans, and other identifiers used to distinguish the source of goods or services. (USPTO)
Other names, logos, brands, and content appearing on the website remain the property of their respective owners.
Section 8 — Third-Party Links
The Electric Noon website may include links to websites, services, or content operated by third parties.
Electric Noon does not control those third-party websites and is not responsible for their content, accuracy, availability, security, products, services, or privacy practices. A link from Electric Noon does not necessarily mean that we endorse the third party.
When you leave the Electric Noon website, the third party’s own terms, policies, and practices apply. You should review them before providing personal information or completing a transaction.
Questions, complaints, or claims involving a third party’s products or services should be directed to that third party.
Section 9 — Website Platform
Electric Noon uses third-party technology to operate portions of its website and online store. All purchases made through the Electric Noon store are transactions directly between the customer and Electric Noon.
The website-platform provider is not the seller of Electric Noon products and is not responsible for the products, order fulfillment, customer service, refunds, injuries, losses, or damages arising from purchases made through Electric Noon.
That says exactly what needs to be said. Shopify remains protected as the unnamed platform provider, while Electric Noon remains the only merchant visible to the customer.
Section 10 — Privacy
Our collection, use, sharing, and protection of personal information are described in our Privacy Policy.
By accessing or using the Electric Noon website, creating an account, or placing an order, you acknowledge that your personal information will be handled as described in that policy.
Electric Noon may use third-party service providers to operate the website, process payments, fulfill orders, provide customer support, analyze website activity, and deliver other necessary services. Those providers may process personal information on our behalf, including in locations outside your state, province, or country of residence.
Please review our Privacy Policy for more information about the personal information we collect, why we collect it, how it may be shared, and the choices available to you.
Section 11 — Feedback and Reviews
If you submit a review, comment, suggestion, photograph, video, idea, or other content to Electric Noon, you give us permission to use, reproduce, edit, publish, display, distribute, and promote that content in connection with Electric Noon and its products.
This permission is worldwide, royalty-free, and may continue after the content is submitted. It allows Electric Noon to use submitted content on our website, social media, advertising, email, and other promotional materials without additional payment, unless we agree otherwise in writing.
You keep ownership of the original content you submit.
By submitting content, you confirm that:
- You created it or have permission to share it.
- Its use by Electric Noon will not violate another person’s copyright, trademark, privacy, publicity, or other rights.
- Any payment, discount, free product, or other incentive connected to the submission has been disclosed where required.
- The content is accurate to the best of your knowledge and does not impersonate or falsely claim to come from another person.
Electric Noon is not required to treat submitted feedback as confidential, pay for it, publish it, or respond to it.
We may review, edit, refuse, or remove submitted content that is unlawful, misleading, abusive, obscene, defamatory, infringing, fraudulent, harmful, or otherwise inappropriate for the Electric Noon website.
You are responsible for the content you submit.
Section 12 — Errors and Corrections
Electric Noon makes reasonable efforts to keep product information, prices, promotions, shipping charges, delivery estimates, and availability accurate. However, mistakes may occasionally occur.
We may correct typographical errors, inaccurate information, or missing details and update the website as needed.
If an error affects an order you have already placed, Electric Noon may contact you to explain the issue and offer an appropriate correction, substitution, cancellation, or refund. We will not charge you more than the amount you approved without your agreement.
Section 13 — Prohibited Uses
You may use the Electric Noon website only for lawful purposes.
You may not use the website to:
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Break any applicable law or regulation.
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Infringe Electric Noon’s intellectual property or the rights of another person.
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Harass, threaten, abuse, impersonate, defame, or harm another person.
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Submit false, misleading, fraudulent, or deceptive information.
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Send spam, junk messages, chain letters, or unauthorized promotions.
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Upload viruses, malware, harmful code, or other material intended to disrupt the website.
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Collect personal information about other users without permission.
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Copy, scrape, extract, reproduce, resell, or exploit website content or data without authorization.
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Interfere with the website’s security, access controls, operation, or availability.
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Attempt to bypass restrictions, protective measures, or technical controls.
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Use automated tools, bots, crawlers, scrapers, or AI agents to access or interact with the website in a way that violates these Terms or ignores technical restrictions.
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Engage in conduct that disrupts another person’s use of the website or creates a security, legal, or operational risk for Electric Noon.
Electric Noon may restrict, suspend, or terminate access when we reasonably believe these Terms have been violated or the website is being misused.
Section 14 — Automated Agents
An “automated agent” is software that acts independently or semi-independently on behalf of a person or organization.
Automated agents may access or interact with the Electric Noon website only when permitted and must follow these Terms, applicable laws, and any technical restrictions placed on the website.
Automated agents must not:
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Hide or misrepresent that they are automated.
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Imitate human activity to bypass restrictions.
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complete or bypass CAPTCHAs or similar security measures.
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Ignore requests or technical controls limiting automated access.
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Interfere with the website’s operation, security, or availability.
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Collect, copy, or extract content or data without authorization.
Electric Noon may block, limit, or restrict automated access when necessary to protect the website, its customers, or its content.
Section 15 — Termination
Electric Noon may restrict, suspend, or terminate your access to the website or your account if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, misused the website, or created a security, legal, financial, or operational risk.
When immediate action is reasonably necessary to protect Electric Noon, our customers, the website, or another person, we may restrict, suspend, or terminate access without prior notice.
In other circumstances, we may provide notice or an opportunity to correct the issue when we consider it appropriate.
Termination does not cancel any payment obligations or other responsibilities that arose before access ended.
Any sections of these Terms that are intended to continue after termination will remain in effect, including those covering intellectual property, feedback and reviews, privacy, disclaimers, limitations of liability, indemnification, governing law, and unpaid amounts.
That gives Electric Noon the hard emergency power without claiming arbitrary power merely because a template says you can.
Section 16 — Website Availability and Warranties
Electric Noon makes reasonable efforts to keep the website, product information, and store features accurate, secure, and available. However, we cannot guarantee that the website will always operate without interruptions, delays, errors, or technical problems.
Information provided through the website is intended to describe Electric Noon and its products. Customers should review the applicable product description, sizing information, shipping policy, and refund policy before placing an order.
Except for promises expressly made by Electric Noon, the website and its features are provided on an “as available” basis.
Nothing in these Terms excludes or limits any warranty, consumer right, or legal protection that cannot lawfully be excluded or limited. Electric Noon remains responsible for fulfilling the commitments expressly stated in our product listings and store policies.
Section 17 — Limitation of Liability
Electric Noon is responsible for the obligations expressly stated in these Terms, our product listings, and our store policies.
To the extent permitted by law, Electric Noon will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of the website or the purchase of a product. This includes losses such as lost profits, lost revenue, lost business opportunities, or loss of data.
Electric Noon’s responsibility for a claim involving an order will generally be limited to the amount paid for the product or the remedy provided under our applicable refund, shipping, or replacement policy.
These limitations do not apply to fraud, intentional misconduct, gross negligence, personal injury, or any responsibility that cannot legally be excluded or limited.
Nothing in this section limits a customer’s right to receive an appropriate refund, replacement, or other remedy expressly offered by Electric Noon or required by law.
Section 20 — Waiver and Entire Agreement
If Electric Noon does not immediately enforce a right or provision under these Terms, that does not mean we give up the right to enforce it later.
These Terms, together with the policies and rules referenced on the Electric Noon website, form the agreement between you and Electric Noon regarding your use of the website and purchases made through it. They replace earlier versions of these Terms and any prior discussions or statements about the same subjects.
Section 21 — Assignment
You may not transfer your rights or responsibilities under these Terms to another person without Electric Noon’s written permission.
Electric Noon may transfer these Terms, along with the related rights and responsibilities, if the business is sold, reorganized, merged, or transferred to another owner or legal entity.
When reasonably required, Electric Noon will provide notice of a transfer that materially affects your rights.
Section 22 — Governing Law
These Terms and any dispute involving the Electric Noon website or a purchase from Electric Noon are governed by the laws of the State of Arizona, without regard to rules that would apply another jurisdiction’s laws.
Any legal action involving these Terms or the Electric Noon store must be brought in a state or federal court located in Maricopa County, Arizona, unless applicable consumer law requires otherwise.
You and Electric Noon agree that those courts may hear and decide the dispute.
Section 23 — Headings
The headings in these Terms are provided for convenience only and do not change or limit the meaning of any provision.
Section 24 — Changes to These Terms
The current version of these Terms will always be available on this page.
Electric Noon may update these Terms when necessary to reflect changes to the website, our products, business practices, legal requirements, or customer protections.
Minor changes will take effect when posted. If a change materially affects customer rights or responsibilities, Electric Noon will provide notice when reasonably required and will state when the change takes effect.
Changes will not retroactively alter the terms that applied to an order already placed, unless required by law or agreed to by the customer.
Your continued use of the website after updated Terms take effect means that the updated Terms will apply to future use of the website.
Section 25 — Contact Information
Questions about these Terms may be sent to:
Electric Noon
Email: hi@electricnoon.com