2. Intellectual Property

The website, Services, and all content contained therein, including but not limited to text, graphics, images, logos, designs, product descriptions, photographs, illustrations, videos, audio recordings, software, trademarks, service marks, trade dress, and other intellectual property (collectively, the "Noctis Botanica Content"), are owned by or licensed to Noctis Botanica LLC and are protected by applicable copyright, trademark, intellectual property, and other laws.

Except as expressly permitted by these Terms, no portion of the Noctis Botanica Content may be copied, reproduced, distributed, modified, published, transmitted, displayed, sold, licensed, or otherwise exploited without prior written consent from Noctis Botanica LLC.

Nothing contained within these Terms grants any ownership interest or license to use any intellectual property belonging to Noctis Botanica LLC except the limited right to access and use the Services for personal, non-commercial purposes.

Unauthorized use of any Noctis Botanica Content is strictly prohibited.

3. Product Information

All features, content, availability, specifications, products, and prices described on the website are subject to change without notice.

Certain products may be available only in limited quantities and may be returned or exchanged only according to our Returns & Exchanges Policy.

The inclusion of any product on the website does not guarantee its availability at any particular time.

Noctis Botanica reserves the right to discontinue any product at any time without notice.

Candle and Home Fragrance Safety

Our products are intended to be used only as directed and in accordance with all safety instructions provided with the product.

Customers are responsible for following all candle and home fragrance safety guidelines, including but not limited to:

• Never leaving a burning candle unattended.
• Keeping candles away from children, pets, and flammable materials.
• Burning candles on a stable, heat-resistant surface.
• Discontinuing use when approximately 1/2 inch of wax remains.
• Following all warning labels and instructions included with the product.

Noctis Botanica shall not be liable for damage, injury, or loss resulting from misuse of any product.

4. Pricing & Payment

Payments for products and services offered through the website are processed through third-party payment providers ("Payment Processors").

Your use of any Payment Processor is subject to that provider's terms, conditions, and privacy policies.

By submitting payment information, you authorize the applicable Payment Processor to charge the designated payment method for all purchases made through the Services.

Noctis Botanica LLC is not responsible for errors, delays, security breaches, or failures caused by any third-party Payment Processor.

You agree to provide accurate and complete billing information and to promptly update such information as necessary.

Failure to provide accurate payment information may result in order cancellation or suspension of Services.

5. Shipping & Delivery

Each order is prepared with care and attention. Please allow the specified timeframe for processing and delivery, which varies based on your location and the nature of your purchase.

We partner with trusted carriers to ensure your items arrive safely. Tracking information will be provided once your order ships, allowing you to follow its journey to your door.

• Processing time: 2-4 business days for order preparation
• Domestic delivery: 3-7 business days after dispatch
• International delivery: 7-21 business days depending on destination

While we make every effort to meet estimated delivery times, delays may occasionally occur due to customs processing, weather conditions, or carrier schedules beyond our control.

6. Returns & Exchanges

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i. Product Inspection

All products are carefully inspected before shipment.We do not offer refunds for products that arrive without damage, nor do we offer refunds for products that have been used in any way.

ii. Shipping Damage

We will replace or refund products damaged during shipment if photographic proof of damage is submitted to:

luna@noctisbotanica.com

within seven (7) days of delivery.

The buyer is responsible for shipping costs associated with returned items unless otherwise required by law.

iii. Incorrect, Defective, or Damaged Products

We offer replacements for products received in error or products that are defective or damaged.

To qualify for a replacement, you must notify us within fourteen (14) days of delivery by emailing:

luna@noctisbotanica.com

Photographic evidence may be required before a replacement is approved.

We reserve the right to determine whether a replacement, store credit, or refund is appropriate.

iv. Non-Returnable Items

The following items are not eligible for return or refund:

• Sale items
• Items purchased using promotional discount codes
• Customized or personalized products
• Products marked "Non-Returnable"
• Gift cards
• Products returned more than fourteen (14) days after delivery
• Lost or stolen packages
• Used products
• Products not in their original condition
• Products damaged after delivery for reasons not attributable to Noctis Botanica

v. Delivered Orders

We do not issue refunds for orders where tracking information confirms delivery.

In certain circumstances and at our sole discretion, we may offer a replacement shipment.

vi. Proof of Purchase

A valid receipt, order number, or proof of purchase is required for all return, exchange, and refund requests.

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b. Refunds

i. Inspection Process

Once a returned item is received and inspected, we will notify you by email regarding approval or denial of your refund request.

ii. Approved Refunds

Approved refunds will be processed to the original payment method.

Refund processing times may vary depending on your financial institution and payment provider.

Shipping charges are non-refundable unless otherwise required by law.

iii. Late or Missing Refunds

If you have not received a refund:

1. Check your bank account again.
2. Contact your credit card company.
3. Contact your bank.

Processing delays may occur before refunds appear on your account.

If you have completed the above steps and still have not received your refund, please contact:

luna@noctisbotanica.com

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c. Return Process

i. Requesting a Return

To request a return, exchange, or replacement, contact:

luna@noctisbotanica.com

You will receive instructions regarding eligibility and return procedures.

ii. Return Shipping

Unless otherwise required by law or approved by Noctis Botanica, customers are responsible for return shipping costs.

Original shipping charges are non-refundable.

iii. Shipping Recommendations

If returning an item valued over $75, we recommend using a trackable shipping service and purchasing shipping insurance.

Noctis Botanica LLC cannot guarantee receipt of returned merchandise.

iv. Policy Changes

We reserve the right to modify, amend, or discontinue our return and exchange policies at any time without prior notice.

d. Handmade Product Variations

Because many of our products are handcrafted in small batches, slight variations in color, appearance, vessel finish, wax texture, fragrance intensity, labeling, and packaging may occur.

Such variations are inherent to handmade products and do not constitute defects.

These natural variations are not grounds for return, exchange, or refund.

e. Fragrance Disclaimer

Fragrance perception is highly subjective and may vary from person to person.

Noctis Botanica LLC does not guarantee that any fragrance will meet a customer's personal preferences or expectations.

Differences in scent perception shall not be considered product defects and are not grounds for refund or exchange.

7. Privacy & Data Protection

We respect your privacy and are committed to protecting your personal information.

Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you acknowledge and agree that your information may be collected, used, and disclosed as described in our Privacy Policy.

The most current version of our Privacy Policy will be made available on our website.

8. Limitation of Liability

To the maximum extent permitted by law, Noctis Botanica LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

• Use of the Services;
• Inability to use the Services;
• Purchase or use of products;
• Loss of data;
• Loss of profits;
• Business interruption;
• Personal property damage.

This limitation applies regardless of the legal theory asserted, including contract, negligence, strict liability, warranty, or otherwise.

In no event shall Noctis Botanica LLC's total liability exceed the greater of:

(A) The amount paid by you for the product or service giving rise to the claim; or

(B) One hundred U.S. dollars ($100.00).

Some jurisdictions do not allow certain limitations of liability. In such cases, the foregoing limitations shall apply to the maximum extent permitted by law.

9. Governing Law & Dispute Resolution

a. Governing Law

These Terms and any dispute arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.

Any claim arising from these Terms must be filed within one (1) year after the cause of action arises or be permanently barred.

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b. Informal Resolution

Before initiating formal legal proceedings, you agree to contact Noctis Botanica LLC and make a good-faith effort to resolve the dispute informally. Questions or disputes may be directed to:

luna@noctisbotanica.com

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c. Binding Arbitration

Except where prohibited by law, any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration.

Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration shall be conducted before a single neutral arbitrator experienced in commercial disputes.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

d. Venue

If arbitration is determined to be unenforceable for any reason, any legal action shall be brought exclusively in the state or federal courts located within Tennessee.

e. Attorneys' Fees

The prevailing party in any legal proceeding arising from these Terms shall be entitled to recover reasonable attorneys' fees, costs, and expenses to the extent permitted by law.

These Terms remain in effect unless terminated by either you or Noctis Botanica LLC.

You may terminate your use of the Services at any time by discontinuing use of the website.

We reserve the right to suspend or terminate access to the Services at any time and for any reason, including violation of these Terms.

Termination shall not affect any rights, obligations, liabilities, or remedies accrued prior to termination.

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10. Copyright and DMCA Notice

Noctis Botanica LLC respects the intellectual property rights of others and expects users of the Services to do the same.

If you believe that material appearing on the Services infringes your copyright, you may submit a written copyright infringement notice containing the following:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material;
• Your contact information;
• A statement that you have a good-faith belief the use is unauthorized;
• A statement under penalty of perjury that the information is accurate;
• Your physical or electronic signature.

Copyright notices should be sent to:

Noctis Botanica LLC
Attn: Copyright Agent
257 N. Calderwood St., Suite 112
Alcoa, TN 37701

Email: luna@noctisbotanica.com

Copyright © 2026 Noctis Botanica LLC

We reserve the right to remove allegedly infringing content and terminate repeat infringers when appropriate.

11. General Provisions

a. Changes to These Terms

We reserve the right to modify these Terms at any time.

Changes become effective immediately upon posting to the website.

Continued use of the Services constitutes acceptance of the revised Terms.

b. Electronic Communications

You consent to receive communications from us electronically, including by email, website notices, and other digital means.

You agree that such communications satisfy any legal requirement that communications would satisfy if provided in writing.

c. Entire Agreement

These Terms, together with any policies referenced herein, constitute the entire agreement between you and Noctis Botanica LLC regarding the Services.

d. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

e. No Waiver

Failure by Noctis Botanica LLC to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

f. Feedback

Any comments, suggestions, ideas, reviews, or feedback submitted to Noctis Botanica LLC may be used by us without restriction or compensation.

You grant Noctis Botanica LLC a perpetual, worldwide, royalty-free, irrevocable right to use such feedback in connection with our business and Services.

g. Interpretation

Section headings are provided solely for convenience and shall not affect interpretation of these Terms.

h. Survival

Any provisions which by their nature should survive termination, including intellectual property, indemnification, disclaimers, limitation of liability, dispute resolution, and governing law provisions, shall survive termination.

These Terms of Service were last updated on June 22, 2026.

Noctis Botanica LLC
257 N. Calderwood St., Suite 112
Alcoa, Tennessee 37701

Email: luna@noctisbotanica.com

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