Terms of Service
Last updated: May 17, 2026
Please read these Terms of Service carefully before using the NOEMÍ website or placing an order. By accessing our website or purchasing from us, you agree to be bound by these terms. If you do not agree, please do not use our site or services.
These Terms of Service constitute a legally binding agreement between you and NOEMÍ, a sole proprietorship based in California. References to "NOEMÍ," "we," "us," and "our" throughout this document refer to this business. References to "you" and "your" refer to the individual accessing our website or placing an order.
1. Acceptance of Terms
By visiting our website, creating an account, subscribing to our mailing list, or completing a purchase, you confirm that you are at least 18 years of age, that you have read and understood these Terms of Service, and that you agree to be bound by them. If you are accessing our site on behalf of another person or entity, you represent that you have the authority to bind that person or entity to these terms.
We reserve the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective upon posting to our website with an updated effective date. Your continued use of the site following any changes constitutes your acceptance of the revised terms. We encourage you to review this page periodically.
2. Use of the Website
2.1 Permitted Use
NOEMÍ grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for the purpose of browsing our products and making purchases for your own personal, non-commercial use. This license does not include any right to resell or commercially exploit the Site or its contents, to collect or use product listings or descriptions for the benefit of any third party, or to make any derivative use of the Site or its content. Any use of the Site beyond the scope of this license requires the prior express written authorization of NOEMÍ. Unauthorized use of the Site will terminate the license granted herein and may subject you to civil and criminal liability.
2.2 Prohibited Conduct
You agree not to engage in any of the following conduct while accessing or using the Site:
Using the Site in any manner that could disable, overburden, damage, or impair its functionality, security, or integrity, or interfere with any other party's use and enjoyment of the Site
Attempting to gain unauthorized access to any portion of the Site, its underlying infrastructure, servers, databases, or any system or network connected to the Site
Using automated means including but not limited to bots, scrapers, crawlers, or data mining tools to access, collect, copy, or index any content from the Site without the prior express written permission of NOEMÍ
Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site or its content for any commercial purpose without authorization
Uploading, transmitting, or distributing any material that contains viruses, malware, ransomware, or any other harmful, disruptive, or destructive code or content
Impersonating NOEMÍ, any NOEMÍ representative, or any other person or entity in connection with your use of the Site
Using the Site to transmit unsolicited commercial communications, spam, or any form of automated or bulk messaging
Engaging in any conduct that is unlawful, fraudulent, harassing, abusive, defamatory, obscene, or otherwise objectionable under applicable law
Circumventing, disabling, or otherwise interfering with any security-related features of the Site, including features that prevent or restrict the use or copying of any content
NOEMÍ reserves the right to suspend or permanently terminate your access to the Site, cancel any pending orders, and pursue all available legal remedies against any user who violates the provisions of this Section, at our sole discretion and without prior notice.
3. Intellectual Property
3.1 Ownership
All content published on or made available through the Site is the exclusive intellectual property of NOEMÍ and is protected under applicable United States and international copyright, trademark, trade dress, and intellectual property laws. The protected assets of NOEMÍ include, without limitation, the following:
The NOEMÍ name, wordmark, logo, and all associated brand identifiers
All product designs, configurations, and aesthetic elements developed by NOEMÍ
All original photography, product imagery, and visual content published on the Site
All written content, including product descriptions, brand copy, editorial features, and page text
The overall design, layout, structure, and visual identity of the Site
Any trade secrets, proprietary processes, or confidential business information relating to NOEMÍ's products or operations
No content on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property belonging to NOEMÍ without our prior express written authorization. Any unauthorized reproduction, distribution, modification, public display, or commercial exploitation of NOEMÍ's intellectual property is strictly prohibited and may constitute an infringement of applicable law, subjecting the infringing party to civil liability and, where applicable, criminal prosecution.
3.2 Enforcement
NOEMÍ actively monitors for unauthorized use of its intellectual property and reserves the right to take all available legal action to protect its rights, including seeking injunctive relief, monetary damages, and attorneys' fees where permitted by law. If you become aware of any unauthorized use of NOEMÍ's intellectual property, please notify us through the Contact page on our website.
3.3 Limited License for Social Sharing
You are granted a limited, revocable, non-exclusive license to share links to the Site and to reference the NOEMÍ brand on social media platforms for personal, non-commercial purposes, provided that such references are accurate, non-defamatory, and do not misrepresent or disparage the NOEMÍ brand, its products, or its values. This limited license does not extend to the reproduction or commercial use of any NOEMÍ content, imagery, or brand assets without prior written authorization.
4. Products and Availability
4.1 Product Descriptions
NOEMÍ endeavors to provide accurate, complete, and truthful descriptions of all products listed on the Site. However, certain inherent characteristics of our materials and manufacturing process necessitate the following disclosures, which form part of the material terms governing your purchase.
NOEMÍ's leather goods are crafted from Buttero full-grain leather produced by Conceria Walpier, an Italian tannery. The leather utilized in NOEMÍ products is cut exclusively from clean double shoulders, which yield consistent hide thickness and a high usable surface area. Bellies are not used in NOEMÍ's production. This selection standard reflects our commitment to structural integrity and dimensional consistency across finished goods.
Notwithstanding the foregoing, full-grain leather is a natural material derived from animal hide, and as such it retains the inherent characteristics acquired by the animal over the course of its lifetime. These characteristics may include, but are not limited to, visible scratches, bite marks, branding impressions, stretch marks, wrinkles, variations in grain pattern, and subtle differences in surface texture and tone. Such markings are not manufacturing defects and do not constitute grounds for return or exchange under our Return Policy. They are an intrinsic and expected attribute of full-grain leather and are consistent with the nature of the material.
Additionally, colors and surface appearances displayed on the Site are rendered subject to the limitations of digital photography and individual monitor calibration. Actual product color, tone, and texture may differ from what is depicted on screen. NOEMÍ makes no warranty that the visual representation of any product on the Site will precisely correspond to the physical item received.
4.2 Availability
All products listed on the Site are subject to availability at the time of order. NOEMÍ reserves the right to discontinue, modify, or limit the availability of any product at any time and without prior notice. In the event that a product becomes unavailable after an order has been placed and payment processed, NOEMÍ will notify the Customer promptly and issue a full refund for the affected item within a commercially reasonable timeframe.
4.3 Pricing
All prices displayed on the Site are denominated in United States dollars and are subject to change without prior notice. NOEMÍ reserves the right to correct typographical errors, system errors, or other inaccuracies in pricing at any time prior to shipment. In the event that an order is placed at an erroneous price, NOEMÍ reserves the right to cancel the order and issue a full refund, or to contact the Customer with the corrected price and provide the opportunity to confirm or cancel the order at the Customer's discretion.
Applicable sales tax will be assessed and collected on orders in accordance with the laws of the State of California and any other applicable tax jurisdiction.
5. Orders and Payment
5.1 Order Acceptance
Placing an order on our website constitutes an offer to purchase. All orders are subject to acceptance by NOEMÍ. We reserve the right to decline or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or concerns regarding fraud or unauthorized activity. If we cancel your order, we will notify you and issue a full refund.
You will receive an order confirmation by email once your order has been placed. This confirmation does not constitute acceptance of your order; acceptance occurs when your order is processed and shipped.
5.2 Payment
We accept the following forms of payment: Apple Pay, Google Pay, Link by Stripe, and major credit and debit cards — including Visa, Mastercard, American Express, Discover, Diners Club International, JCB, UnionPay, and Carte Blanche — processed through Stripe. We also offer installment payment options through Klarna and Afterpay, each subject to their own separate terms and approval processes.
By submitting your payment information, you represent and warrant that you are authorized to use the payment method provided and that all information submitted is accurate and complete. Payment is processed at the time of order placement.
NOEMÍ does not store your full payment card details. All payment transactions are handled securely by our payment processors in accordance with their respective privacy and security standards.
6. Shipping and Delivery
6.1 Shipping Scope
NOEMÍ currently ships within the United States only. International shipping is not available at this time. NOEMÍ reserves the right to modify its shipping scope at any time, and any such changes will be reflected on the Site and in these Terms.
6.2 Shipping Costs and Timeframes
Shipping costs are calculated at checkout based on the weight of your order, your designated delivery address, and applicable order fulfillment costs. Shipping costs will be presented to you prior to order confirmation. Estimated delivery timeframes provided at checkout are projections furnished by the applicable shipping carrier and do not constitute a guarantee of delivery by any specific date. NOEMÍ shall not be liable for delays in delivery attributable to the shipping carrier, weather events, natural disasters, labor disputes, or any other circumstance beyond our reasonable control.
6.3 Risk of Loss and Title
Risk of loss and title to purchased merchandise pass to the Customer upon delivery of the item to the shipping carrier. Once an order has been tendered to the carrier, NOEMÍ's liability with respect to that shipment is limited to reasonable assistance in initiating a carrier claim where applicable. NOEMÍ is not responsible for loss, theft, damage, or delay occurring after the order has been accepted by the carrier.
6.4 Address Accuracy
It is the sole responsibility of the Customer to ensure that the shipping address provided at the time of checkout is accurate, complete, and capable of receiving deliveries. NOEMÍ will fulfill orders to the address as entered by the Customer and shall bear no liability for orders delivered to an incorrect, incomplete, or undeliverable address as a result of Customer error. In the event that an order is returned to NOEMÍ due to an undeliverable address, NOEMÍ will contact the Customer to arrange reshipment at the Customer's expense or, at the Customer's election, issue a refund for the purchase price of the items exclusive of original shipping costs.
6.5 Lost or Significantly Delayed Shipments
In the event that a shipment appears to be lost or is significantly delayed beyond the carrier's projected delivery window, the Customer should contact NOEMÍ through the Contact page on our website. NOEMÍ will make reasonable efforts to assist the Customer in investigating the matter with the carrier. NOEMÍ's liability with respect to lost shipments is limited to the reasonable assistance described herein and does not extend to the replacement or refund of items confirmed as lost unless and until the carrier's investigation concludes and the loss is formally confirmed.
7. Returns, Exchanges, and Damaged Orders
7.1 General Return and Exchange Policy
Subject to the exclusions and conditions set forth herein, NOEMÍ accepts returns and exchanges of eligible merchandise within fourteen (14) calendar days of the confirmed delivery date as recorded by the applicable shipping carrier. To initiate a return or exchange, the Customer must contact NOEMÍ through the Contact page within the applicable return window, providing the Customer's full name, order number, and reason for the return or exchange request. Returns and exchanges initiated without prior authorization from NOEMÍ will not be accepted.
To be eligible for return or exchange, merchandise must satisfy all of the following conditions at the time it is received by NOEMÍ:
The item must be unused, unworn, and unaltered in any manner
The item must be free from signs of use, soiling, odor, or any condition inconsistent with its original state at the time of shipment
The item must be returned in its original packaging where applicable
The item must not fall within any category of non-returnable merchandise as defined in Section 7.2 of these Terms
NOEMÍ reserves the sole and absolute discretion to assess the condition of returned merchandise upon receipt and to determine whether the applicable eligibility criteria have been satisfied. Items that do not meet these criteria will not be accepted for return or exchange and will be returned to the Customer at the Customer's expense, or held pending the Customer's written instruction.
7.2 Non-Returnable and Final Sale Merchandise
Personalized merchandise — defined as any item that has been customized, altered, or modified at the Customer's request, including but not limited to items bearing gold foil stamping, monogramming, or any other form of personalization applied at or after the time of order placement — is designated as final sale and is expressly excluded from NOEMÍ's return and exchange policy. Personalized merchandise is manufactured specifically to fulfill the Customer's individual order and cannot be restocked, resold, or repurposed upon return. All sales of personalized merchandise are therefore final and non-refundable, except as provided in Section 7.4 of these Terms with respect to items that arrive in a damaged or defective condition.
The Customer bears sole responsibility for reviewing and confirming all personalization specifications — including but not limited to spelling, formatting, and placement — prior to completing the order. NOEMÍ shall not be liable for errors in personalization resulting from inaccurate, incomplete, or ambiguous instructions provided by the Customer at the time of purchase.
Additionally, any item that has been used, worn, altered, or otherwise rendered inconsistent with its original condition following delivery is not eligible for return or exchange under any circumstances, regardless of the time elapsed since delivery.
7.3 Refunds
Upon receipt and inspection of eligible returned merchandise, NOEMÍ will process a refund to the original payment method used at the time of purchase within a commercially reasonable timeframe, subject to the processing timelines of the applicable payment processor. NOEMÍ is not responsible for delays in refund processing attributable to third-party payment processors or financial institutions.
Original shipping costs are non-refundable except where the return is the direct result of an error attributable to NOEMÍ, including but not limited to the dispatch of an incorrect item or an item confirmed to be defective at the time of shipment. Return shipping costs are the sole responsibility of the Customer unless the return is the result of NOEMÍ's error or a confirmed product defect. NOEMÍ recommends that Customers utilize a trackable shipping method and retain proof of shipment, as NOEMÍ is not responsible for returned merchandise that is lost, damaged, or delayed in transit.
7.4 Damaged or Defective Items
In the event that a Customer receives merchandise that arrives in a damaged or defective condition, the Customer must notify NOEMÍ through the Contact page on our website within seven (7) calendar days of the confirmed delivery date. Such notification must include the Customer's full name, order number, a written description of the damage or defect, and photographic documentation clearly depicting the condition of the item as received. Claims submitted outside of the seven (7) day reporting window may not be eligible for resolution at NOEMÍ's sole discretion.
Upon receipt and review of a valid and timely damage or defect claim, NOEMÍ will, at its discretion, offer one of the following remedies: replacement of the affected item subject to product availability, or a full refund of the purchase price including original shipping costs. This provision applies equally to personalized merchandise confirmed to have arrived in a damaged or defective condition, notwithstanding its designation as final sale under Section 7.2.
7.5 Installment Payment Orders
Orders completed through installment payment services, including Klarna and Afterpay, are subject to the same return, exchange, and refund eligibility criteria set forth in this Section. In the event that a refund is approved for an order placed through an installment payment provider, the refund will be administered in accordance with the terms and procedures of the applicable installment payment provider. NOEMÍ is not responsible for the timing or administration of refunds as managed by third-party installment payment services. Customers are directed to consult the applicable provider's terms directly for information regarding refund processing on installment transactions.
For complete terms governing returns, exchanges, and refunds, please refer to our Return Policy.
8. Accounts
8.1 Account Creation and Responsibilities
You may elect to create a registered customer account on the Site or to complete purchases as a guest without registration. If you create an account, you represent and warrant that all information provided at the time of registration is accurate, current, and complete, and that you will maintain the accuracy of such information throughout the duration of your account relationship with NOEMÍ.
You are solely responsible for maintaining the strict confidentiality of your account login credentials, including your username and password, and for all activity that occurs under your account, whether or not authorized by you. You agree to notify NOEMÍ immediately through the Contact page on our website upon becoming aware of any unauthorized access to or use of your account. NOEMÍ will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or to notify us of unauthorized access in a timely manner.
8.2 Account Termination
NOEMÍ reserves the right to suspend, restrict, or permanently terminate any customer account, with or without prior notice, in the event that we determine, at our sole discretion, that the account holder has violated these Terms, provided false or misleading information at the time of registration, engaged in fraudulent or abusive conduct in connection with the Site, or poses a risk to the security, integrity, or reputation of NOEMÍ or its customers. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.
8.3 Account Deletion
You may request deletion of your customer account at any time by contacting NOEMÍ through the Contact page on our website. Upon receipt of a verified deletion request, NOEMÍ will remove your account from active systems within a commercially reasonable timeframe. Account deletion does not affect any order records, transaction history, or other information that NOEMÍ is required to retain under applicable law, including federal and California state tax record-keeping requirements.
9. User-Generated Content and Social Media
NOEMÍ maintains an official presence on Instagram, TikTok, and Pinterest. Any content you post publicly on these platforms that references, tags, or depicts NOEMÍ products may be shared or reposted by us for marketing purposes. Where the original creator is identifiable, we will provide appropriate credit at the time of reposting. If you do not wish for your content to be shared in this manner, please contact us and we will honor your request.
By tagging NOEMÍ or using our branded hashtags, you grant NOEMÍ a non-exclusive, royalty-free, worldwide license to use, display, and share that content in connection with our brand, including on our website and social media channels. You represent that you own or have the right to share any content you post publicly in connection with our brand.
We reserve the right to remove or decline to share any user-generated content that we determine, at our sole discretion, to be inconsistent with our brand values or these Terms of Service.
10. Email Communications
10.1 Marketing Communications
By subscribing to the NOEMÍ newsletter through the Site, you expressly consent to receive marketing communications from NOEMÍ via email. The NOEMÍ newsletter constitutes a single mailing list through which all brand communications are delivered, and may include but is not limited to the following content: monthly editorial features, journal prompts, brand stories and updates, product highlights, new arrival announcements, batch drop notifications, limited availability notices, and exclusive product previews.
Subscription to the NOEMÍ newsletter is entirely voluntary. NOEMÍ will not add individuals to its mailing list without their affirmative opt-in consent. By subscribing, you represent that you are the authorized holder of the email address provided and that you have the legal capacity to consent to receive electronic communications.
10.2 Unsubscribe and Opt-Out
You may withdraw your consent to receive marketing communications at any time and without penalty by clicking the unsubscribe link included in the footer of every NOEMÍ marketing email. Unsubscribe requests will be processed promptly and will take effect within a commercially reasonable timeframe. Following unsubscription, you will not receive further NOEMÍ marketing emails unless you affirmatively re-subscribe through the Site. NOEMÍ will honor all opt-out requests in accordance with the requirements of the CAN-SPAM Act of 2003 and any other applicable law governing commercial electronic communications.
10.3 Transactional Communications
Transactional emails are communications sent in direct connection with a transaction or account action initiated by you, including but not limited to order confirmations, payment receipts, shipping notifications, delivery updates, and account-related notices. Transactional communications are not subject to marketing opt-out preferences and will be sent regardless of your subscription status, as they constitute a necessary and integral component of the services you have requested. You may not opt out of transactional communications while an active order or account relationship exists.
11. Disclaimer of Warranties
Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. NOEMÍ does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
We make no representations or warranties regarding the accuracy, completeness, or reliability of any content on our website, including product descriptions and pricing, and reserve the right to correct errors at any time.
12. Limitation of Liability
To the fullest extent permitted by applicable law, NOEMÍ shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or products, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or related to these Terms of Service or your use of our website or products shall not exceed the total amount paid by you for the specific product or service giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
13. Indemnification
You agree to defend, indemnify, and hold harmless NOEMÍ and its owner, agents, successors, and assigns from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses — including reasonable attorneys' fees and court costs — arising out of or in any way related to any of the following:
Your access to or use of the Site in violation of these Terms or applicable law
Your breach of any representation, warranty, or obligation set forth in these Terms
Your infringement or misappropriation of any intellectual property right, privacy right, or other proprietary right of any third party in connection with your use of the Site
Any content, communication, or material you submit, post, or transmit through the Site or in connection with your engagement with NOEMÍ through social media platforms
Any dispute between you and a third party arising out of or related to your use of the Site or purchase of NOEMÍ products
Any claim by a governmental authority arising from your failure to comply with applicable laws or regulations in connection with your use of the Site
NOEMÍ reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with NOEMÍ in the defense of any such claim and not to settle any claim without the prior written consent of NOEMÍ.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions that would cause the application of the laws of any other jurisdiction.
14.2 Jurisdiction and Venue
Any legal action, claim, or proceeding arising out of or relating to these Terms, your use of the Site, or your purchase of NOEMÍ products shall be instituted exclusively in the state or federal courts of competent jurisdiction located within Santa Barbara County, California. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts, including any objection based on the grounds of inconvenient forum.
14.3 Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOEMÍ EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE. This waiver applies to all disputes, whether sounding in contract, tort, statute, or any other legal theory.
14.4 Attorneys' Fees
In the event that any legal action or proceeding is brought to enforce or interpret these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and other litigation expenses from the non-prevailing party, to the extent permitted by applicable law.
14.5 Good Faith Resolution
Prior to initiating any formal legal proceeding, the parties agree to make a good faith effort to resolve any dispute informally. You are encouraged to contact NOEMÍ through the Contact page on our website to describe the nature of your concern and allow us a reasonable opportunity to address it. NOEMÍ is committed to resolving disputes fairly and in a manner consistent with our values.
15. Third-Party Services
Our website is built on and operated through Squarespace, Inc. Payment processing is facilitated by Stripe, Apple Pay, Google Pay, Link by Stripe, Klarna, and Afterpay. Card network support includes Visa, Mastercard, American Express, Discover, Diners Club International, JCB, UnionPay, and Carte Blanche, processed through Stripe. Each of these third-party services operates under its own terms of service and privacy policy, which govern their respective practices. NOEMÍ is not responsible for the terms, policies, or conduct of any third-party service provider.
Our website may contain links to third-party websites. These links are provided for convenience only and do not constitute an endorsement of the linked site or its content. We have no control over the content or practices of third-party websites and accept no responsibility for them.
16. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining terms and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
17. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and NOEMÍ with respect to your use of our website and the purchase of our products. They supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral, relating to the subject matter herein.
18. Contact
If you have any questions, concerns, or requests relating to these Terms of Service, please contact us through the Contact page on our website. We are committed to responding to all inquiries in a timely manner.
NOEMÍ · noemicollective.com · California