Terms of service

Last Updated: January 6, 2026

OVERVIEW

Welcome to EVA NOIR! The terms “we”, “us” and “our” refer to PURRRAIN LLC d/b/a EVA NOIR (“EVA NOIR”). EVA NOIR operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). EVA NOIR is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

These Terms incorporate by reference our Privacy Policy, Refund Policy, and Shipping Policy (collectively, the “Policies”). If there is a conflict between these Terms and a Policy, the applicable Policy will control for that subject matter.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. EVA NOIR reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until EVA NOIR confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as EVA NOIR may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

For additional details on shipping methods, costs, and timelines, please review our Shipping Policy.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by EVA NOIR, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of EVA NOIR, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by EVA NOIR.

EVA NOIR’s names, logos, product and service names, designs, and slogans are trademarks of EVA NOIR or its affiliates or licensors. You must not use such trademarks without the prior written permission of EVA NOIR. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

PROHIBITED USE OF BRAND DESIGNS: All content, artwork, logos, graphics, typography, and visual designs displayed on the Services, including but not limited to the EVA NOIR brand and collection names, are the sole intellectual property of PURRRAIN LLC d/b/a EVA NOIR or its licensors. You may not reproduce, duplicate, copy, modify, transmit, publish, distribute, display, or create derivative works of any EVA NOIR design or branding without prior written consent. Any unauthorized use of our brand elements, including counterfeiting or creating similar marks for resale or promotional purposes, will be pursued to the full extent of applicable intellectual property laws.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

EVA NOIR is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with EVA NOIR. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and EVA NOIR, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with EVA NOIR.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm EVA NOIR, Shopify or users of the Services, or expose them to liability. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

15.1 Information and content.

The information and content made available on or through the Services is provided for general information purposes only. While we strive to provide accurate information, we do not warrant that any content is accurate, complete, reliable, current, or error-free. Any reliance you place on information provided through the Services is at your own risk. We disclaim all liability arising from any reliance placed on such content by you or any other person who may be informed of any of its contents.

15.2 Availability and security.

Except as expressly stated by EVA NOIR, the Services are provided “as is” and “as available.” We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

15.3 Product warranty disclaimer.

Except as expressly stated in writing by EVA NOIR (for example, in a product description or a written warranty provided with a product), all products offered through the Services are provided “as is” and “as available,” without any representation, warranty, or condition of any kind, whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all implied warranties and conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

15.4 Consumer law carve-out.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain consumer rights. To the extent any implied warranty or consumer right cannot be disclaimed under applicable law, this Section 15 will be interpreted to limit warranties and rights only to the maximum extent permitted.

15.5 Third-party services and content.

The Services may include content, products, or services provided by third parties (including through links or integrations). We do not control and are not responsible for third-party content, products, or services, and we make no warranties regarding them.

15.6 Product appearance.

Colors and appearance of products may vary based on screen settings, lighting, and manufacturing or printing processes. Such variations do not constitute defects.

SECTION 16 – LIMITATION OF LIABILITY

16.1 Exclusion of certain damages.

To the fullest extent permitted by law, in no event will EVA NOIR, our affiliates, partners, directors, officers, employees, agents, contractors, service providers, or licensors, or Shopify and its affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, savings, data, goodwill, business interruption, or replacement costs, arising out of or related to (a) your use of, or inability to use, the Services, (b) any products purchased through the Services, or (c) these Terms, even if advised of the possibility of such damages.

16.2 Cap on liability.

To the fullest extent permitted by law, the total liability of EVA NOIR for any claim arising out of or relating to the Services, any product, or these Terms will not exceed the greater of (a) the amount you paid to EVA NOIR for the product(s) giving rise to the claim, or (b) USD $100. This limitation does not apply to liability that cannot be limited under applicable law.

16.3 Basis of the bargain.

You acknowledge that EVA NOIR has offered the Services and products and set prices in reliance on the limitations and disclaimers in these Terms, and that these provisions form an essential basis of the bargain between you and EVA NOIR.

16.4 Non-waivable rights.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EVA NOIR, Shopify, and our and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, demands, actions, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. your breach of these Terms or the documents they incorporate by reference;
2. your violation of any law or the rights of any third party; or
3. your access to or use of the Services.

We will provide notice of any claim for which we seek indemnification, provided that a failure to promptly notify will not relieve you of your obligations except to the extent you are materially prejudiced by that failure. We may assume control of the defense and settlement of any indemnified claim at your expense, including selection of counsel. We will not settle any claim that imposes non-monetary obligations on you without your prior written consent, which will not be unreasonably withheld or delayed. You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents and information.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. The determination will not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

No waiver by EVA NOIR of any term or condition set out in these Terms will be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure of EVA NOIR to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

These Terms, together with any policies, notices, or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and EVA NOIR regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, delegate, transfer, or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this Section will be null and void.

EVA NOIR may assign, transfer, or delegate these Terms and our rights and obligations without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

SECTION 21 – GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE

21.1 Governing Law.

These Terms of Service and any dispute, claim, or controversy arising out of or relating to the Services, the Products, these Terms, or any transactions between you and EVA NOIR, collectively, Disputes, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles, except to the extent the laws of your state of residence require otherwise.

21.2 Informal Resolution.

Before initiating arbitration or a court proceeding, you agree to first contact us and provide a written Notice of Dispute by emailing info[at]evanoir.com. The Notice of Dispute must include your name, the email address associated with your purchase or account, your mailing address, any applicable order number, a brief description of the Dispute, and the relief you are requesting. The Parties agree to use good-faith efforts to resolve any Dispute informally for at least thirty (30) days after receipt of a Notice of Dispute.

21.3 Binding Arbitration.

Except as set forth in Section 21.4, any Dispute that is not resolved as provided in Section 21.2 will be resolved by binding, individual arbitration administered by the American Arbitration Association, AAA, in accordance with its Consumer Arbitration Rules, the Rules. This agreement to arbitrate is governed by the Federal Arbitration Act and, to the extent not inconsistent with the Federal Arbitration Act, the laws of the State of Delaware.

The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

The arbitration will be conducted by telephone, video conference, or based on written submissions unless an in-person hearing is required by the arbitrator under the Rules. If an in-person hearing is required, it will take place in the county or equivalent jurisdiction of your residence, unless you and EVA NOIR agree to a different location. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

21.4 Exceptions; Court Proceedings.

The following Disputes are not required to be arbitrated: (a) claims that may be brought in small claims court, if they qualify and remain in small claims court; (b) claims for injunctive or other equitable relief relating to the actual or threatened infringement, misappropriation, or violation of a Party’s intellectual property rights; (c) any Dispute that, as a matter of law, cannot be arbitrated; and (d) claims seeking public injunctive relief to the extent such claims cannot be waived or required to be arbitrated under applicable law. For any Dispute that is not subject to arbitration under this Section 21, you and EVA NOIR agree to exclusive venue and personal jurisdiction in the state courts located in Alameda County, California, or the United States District Court for the Northern District of California.

21.5 Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EVA NOIR AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND EVA NOIR AGREE THAT THERE WILL BE NO CLASS ARBITRATION AND NO REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ARBITRATION TO THE EXTENT PERMITTED BY LAW. Unless both you and EVA NOIR agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

21.6 Arbitration Costs and Fees.

Payment of arbitration fees will be governed by the Rules and applicable law. Each Party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.

21.7 Mass Arbitration.

If twenty-five (25) or more similar arbitration demands are asserted against EVA NOIR by the same or coordinated counsel or are otherwise coordinated, the Parties agree that the AAA Mass Arbitration Supplementary Rules, and any applicable AAA fee schedule for mass arbitration filings, will apply to the administration of the demands, to the extent permitted by applicable law.

21.8 Severability.

If any portion of this Section 21 is found to be unlawful or unenforceable, that portion will be severed and the remainder will remain in full force and effect. If the Class Action Waiver in Section 21.5 is found unenforceable, then the arbitration requirement in Section 21.3 will not apply to the extent necessary to permit a class proceeding, and such proceeding must be brought in the courts specified in Section 21.4.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Services.

It is your responsibility to check the Services periodically for changes. If we make material changes, we will provide notice as required by applicable law, and the changes will be effective on the date specified in the notice or, if no date is specified, upon posting.

Your continued use of or access to the Services after the effective date of any changes constitutes acceptance of those changes. If you do not agree to the changes, you must stop using the Services.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info[at]evanoir.com.

PURRRAIN LLC d/b/a EVA NOIR
Email: info[at]evanoir.com
Address: 2108 N St #10621, Sacramento, CA 95816, United States
Delaware Entity Number: 4366968
California Entity Number: 202463618013
VAT: VAT is collected and remitted by our fulfillment partner where required.