THE FINE PRINT
This website is operated by Nightire. Throughout the site, the terms “we”, “us” and “our” refer to Nightire. Nightire offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read our Terms and Conditions carefully before placing any orders on www.nightire.com. By placing an order, you enter into an agreement with us and accept these Terms and Conditions. We may modify the Terms and Conditions from time to time. If you do not agree to any change to the Terms and Conditions then please immediately stop using the website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
Our store is powered by WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
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, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of the provision of products to you.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse providing products to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELESSNESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the product / service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product/ service.
SECTION 5: PRODUCTS
The products are available exclusively online through the website. These products have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Nightire. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products/ services will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7: THIRD-PARTY LINKS
Certain content, products and services available via our product/ service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.
SECTION 8: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or with/ without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments 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 comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9: PERSONAL INFORMATION
SECTION 10: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Nightire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nightire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our product/ services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16: ENTIRE AGREEMENT
The failure of 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 site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you product/ services shall be governed by and construed in accordance with the laws of England and Wales.
SECTION 18: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 20: SHOPPING ONLINE
Please note that all orders are subject to availability, and items in your shopping basket are not reserved & may be purchased by other customers until you have completed all checkout steps.
You can always view, change or delete items in your shopping bag before you proceed to the checkout.
To be able to place an order from the website you will be asked whether you would like to register and provide your personal details. If you would like to register you must provide your real name, phone number, e-mail address and other requested information as indicated. You are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please update your personal details at www.nightire.com or notify us at firstname.lastname@example.org. We may change registration requirements from time to time.
Your username for your account will always be the email address you entered when registering. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorised use of your account.
Before proceeding to payment, you can review your order (including your total price inclusive of VAT and shipping charges) and make changes if needed. You are bound by your order from the moment you accept the online offer from Nightire and the conditions thereby stipulated have been fulfilled (once the order has been submitted and payment confirmed on the website). Please note that the order will not be valid if Nightire cannot confirm the billing and shipping addresses that you provide. We also reserve the right to only accept orders from those aged over 18 years old.
Payment towards online store purchases can be made with a valid card by a provider accepted by Nightire or with a PayPal account. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
You will receive an immediate online confirmation on your screen at the end of the checkout, as well as an email confirmation of your order from Nightire. We aim to be really fast at picking and packing, so please note that once your order has been placed and you have received an order confirmation email, you may not make any changes to your order. If you wish to make changes to your placed order, or if there is any mistake made in registering customer contact or address details when placing the order, it is your responsibility to contact us asap at email@example.com.
Prices are shown in either GBP, USD, EUR or ZAR depending on where you place the order and exclude shipping fees. The shipping fees will be added to the order in the checkout step and might differ based on which country your order is shipped to. The place of delivery is deemed to be the address that the consumer makes known to us at the time of registering personal details and placing the order.
All consignments that are sent are insured by Nightire. If you discover any damage to the package before you open it, you must report this to us and the forwarding company. If you have already opened the consignment when you discover the damage, you must follow the instructions on the back of the return note that is attached to the consignment so we can take it up with the delivery service provider. Always take a photo as proof of the damage.
SECTION 21: TRANSLATION PREVAIL CLAUSE
In the event there is a conflict between this English version of the Terms and Conditions and a translated version, this English version shall prevail.
SECTION 22: LIABILITY
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
SECTION 23: COMPETITIONS
Entry to competitions is free and open to UK & US residents (for now) only, excluding all staff or family of staff at Nightire Limited. Entries must be submitted in the formats specified in the entry/survey form. Nightire Limited reserves the absolute right to reject any incorrect or incomplete entries. The competition can be extended or cancelled at anytime without notice and at the discretion of Nightire. No entrance fee or purchase is required to enter any Nightire competition. Nightire reserves the right to reject any entry on any grounds that it may from time to time consider appropriate. The decision of Nightire to accept or reject an entry is final and no correspondence will be entered into. Entrants must be over 18 years of age. Competition winners will be announced within 14 days after the close of the competition. Nightire Limited may require winners to take part in post-competition publicity. Winning entries and names of runners up might be published on Nightire’s website, social media pages or newsletters. No alternative cash or otherwise to the stated prizes are available. Nightire Limited shall be obliged to contact the prize winner only at their address given on the entry form. Any prize not claimed within 5 days of sending notification of a winning entry shall be forfeited, after which we may award the prize to another entrant. Nightire Limited is bound by the Data Protection Act 1998 and entrants can request access to personal information held about them by contacting the company. Nightire reserves the right to cancel the competition if it is reasonable to do so or if unforeseen circumstances arise. On receipt of an entry the competition entrant is deemed to have accepted these terms and conditions and to have agreed to be bound by them.