Terms of service
Welcome to November Lab.
Throughout this website, the terms “we”, “us” and “our” refer to November Lab Limited. November Lab Limited operates this website and online store, including all information, content, features, tools, products and services available to you, in order to provide you with a personalized shopping experience (the “Services”). November Lab uses the Shopify platform to provide you with these Services.
These Terms of Service (“Terms”) and the policies referenced herein describe your rights and responsibilities when using our Services.
Please read these Terms carefully, as they contain important information regarding your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not access or use our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state, province or country of residence, and you consent to allow any minor dependents under your care to use the Services on devices you own, purchase or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address, billing information, payment details and shipping address. You represent and warrant that all information you provide is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign or license your account to any other person.
ARTICLE 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colours and appearance of products may vary depending on the device used to access our store and its settings.
We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or exactly match what is displayed in our online store.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical region or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
By placing an order, you are making an offer to purchase. November Lab reserves the right to accept or refuse any order at its sole discretion and for any reason. Your order is considered accepted only once you have received written confirmation from November Lab.
Payment must be received and processed before your order can be approved. Please review your order carefully before submitting it, as November Lab may not be able to accommodate cancellation requests once the order has been confirmed.
If your order is refused, modified or cancelled, we may attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.
Purchases are subject to our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use only and not for 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 the order is placed and will be stated in your order confirmation email.
Unless otherwise expressly stated, prices displayed do not include taxes, shipping charges, handling fees, customs duties or import fees.
Prices displayed in our online store may differ from those available in physical stores or on third-party platforms. From time to time, we may offer promotions governed by separate terms and conditions. In the event of a conflict, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase and account information for all transactions. You agree to promptly update your information, including your email address and payment details, so that we can complete transactions and contact you when necessary.
You represent and warrant that:
(i) your payment information is accurate and complete;
(ii) you are authorised to use the payment method provided;
(iii) charges incurred will be honoured by your payment provider; and
(iv) you will pay all charges incurred, including shipping charges and applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Any delivery times provided are estimates only and are not guaranteed.
We disclaim any liability for delays caused by carriers, customs procedures or events beyond our reasonable control.
Ownership of and risk of loss for products pass to you once the products have been delivered to the carrier.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio content, and their design, selection and arrangement, are the exclusive property of November Lab, its affiliates or licensors and are protected by applicable copyright, trademark and intellectual property laws.
These Terms grant you a limited right to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material available through the Services without our prior written consent.
Except as expressly provided in these Terms, nothing shall be construed as granting you any licence or right to any patent, trademark, copyright or other intellectual property belonging to November Lab, Shopify or any third party. Any unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by November Lab.
The names, logos, product names, service names, designs and slogans of November Lab are trademarks of November Lab, its affiliates or licensors and may not be used without our prior written permission. Shopify’s names, logos, product names and slogans are trademarks of Shopify. All other names, logos and trademarks displayed through the Services belong to their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may be provided with access to third-party tools that we neither monitor nor control and over which we have no influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
We may also, in the future, offer new features and services, including new tools and resources. Such features and services shall also be subject to these Terms of Service.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available through our Services may include materials from third parties or links to third-party websites.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. Accessing third-party websites is entirely at your own risk.
We shall not be liable for any damage or loss related to the purchase or use of products, services, resources or content available through third-party websites. We encourage you to review the policies and practices of such third parties before engaging in any transaction. Any complaints, claims or questions regarding third-party products or services should be directed to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
November Lab is powered by Shopify, which enables us to provide the Services. However, all purchases and transactions made through our store are conducted directly with November Lab.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and November Lab, including any loss, damage or injury resulting from products or services purchased through our store.
You hereby expressly release Shopify and its affiliates from any claims, damages or liabilities arising out of or related to your purchase and transactions with November Lab.
ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy [LINK], and certain information may also be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them.
Information submitted through the Services may be transferred to and shared with Shopify and third parties, including parties located in countries other than your country of residence, in order to provide the Services.
Please refer to our Privacy Policy [LINK] for more information on how we, Shopify and our partners process your personal information.
ARTICLE 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.
For example, we may use these rights to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that:
(i) you own or otherwise control all rights to the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation:
(1) to maintain any Feedback in confidence;
(2) to pay compensation for any Feedback; or
(3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s 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 further agree that your Feedback will not contain unlawful, abusive or obscene material, viruses or malware that may affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Services is inaccurate, at any time and without prior notice, including after an order has been submitted.
ARTICLE 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You are prohibited from using the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) in violation of any applicable law or regulation;
(c) to infringe the intellectual property rights of November Lab, Shopify or any third party;
(d) to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload or transmit material that violates these Terms;
(g) to transmit unsolicited advertising, spam or similar communications;
(h) to impersonate another person or entity; or
(i) to interfere with the use and enjoyment of the Services by others.
In addition, you agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell or exploit any portion of the Services;
(c) collect or track personal information of others;
(d) engage in phishing, spam or similar practices;
(e) use bots, spiders, scraping tools, automated devices or AI systems to access the Services; or
(f) interfere with security features or measures restricting access to the Services.
We reserve the right to suspend or terminate your access if we determine that you have violated these Terms.
ARTICLE 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorise or enable an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of a person or entity.
14.2 No Agent may access, use or interact with the Services unless it properly identifies itself and complies with these Terms. No Agent may access the Services if we have requested that such Agent refrain from doing so.
14.3 We may limit, including through technical measures, how an Agent accesses and interacts with the Services.
14.4 Agents must:
(i) identify themselves in HTTP/HTTPS requests with the designation “Agent/[agent-name]”;
(ii) not disguise or conceal that interactions originate from an Agent;
(iii) answer truthfully any inquiry intended to determine whether interactions originate from a human or a computer; and
(iv) not circumvent measures intended to control or restrict Agent access to the Services.
ARTICLE 15 – TERMINATION
We reserve the right to terminate these Terms or your access to the Services, in whole or in part, at any time and without prior notice, at our sole discretion.
You will remain responsible for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.
ARTICLE 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for informational purposes only. We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on such information by you, any other visitor to the Services, or any person who may be informed of their contents.
EXCEPT AS EXPRESSLY STATED BY NOVEMBER LAB LIMITED, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR OTHER WARRANTIES. AS A RESULT, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
ARTICLE 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVEMBER LAB LIMITED, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless November Lab, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, asserted by any third party and arising out of or resulting from (1) your breach of these Terms of Service or any documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to this indemnification obligation, provided that any failure to give prompt notice shall not relieve you of your obligations except to the extent that you are materially prejudiced thereby.
We may assume the defence and settlement of any claim at your expense, including the selection of legal counsel, provided that we will not settle any claim imposing non-monetary obligations on you without your consent, which shall not be unreasonably withheld.
You agree to cooperate fully in the defence of any such claim, including by providing relevant information and documents.
ARTICLE 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written, including any previous versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms of Service without our prior written consent.
Any attempted assignment in violation of this provision shall be null and void.
We may transfer, assign or delegate these Terms of Service and our rights and obligations hereunder without your consent or prior notice.
ARTICLE 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of Ireland.
Any dispute arising out of or relating to these Terms of Service or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Ireland.
ARTICLE 23 – HEADINGS
The headings used in these Terms are included for convenience only and shall not affect or limit the interpretation of these Terms of Service.
ARTICLE 24 – CHANGES TO THESE TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check this page periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
ARTICLE 25 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Our contact details are as follows:
November Lab Limited
Pod 2, The Old Station House
Blackrock
Dublin, A94 T8P8
Ireland
Registered in the Republic of Ireland
Company Registration Number: 818048
Email: contact@novemberlab.co