GENERAL CONDITIONS OF SALE AND USE
This website is operated by nightypen. On this site, the terms "we", "us" and "our" refer to nightypen. nightypen 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.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("General Conditions of Sale", "General Conditions of Sale and Use" , "Terms"), including any additional terms, conditions and policies referenced herein and/or hyperlinked to. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services offered therein. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.
All new functionalities and all new tools that will be added later to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any person of age minor in your charge to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor must you, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to laws relating copyright).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without authorization prior express writing from us.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some prior information. This prior information, by its nature, is not current and is provided for informational purposes 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.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated to, to limit the sales of our products or services to any person, and in any 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 product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from 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 change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time of the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. 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 if necessary.
For more details, please see our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third party tools.
If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and new resources). These new functionalities and these new services will also be subject to these General Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products and services available through our 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 under no obligation to review or evaluate the content or accuracy of any such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read the third party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third party products should be directed to such third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in competitions), or if without our request, you send creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at all times, and without restriction, to edit, copy, publish, distribute , to translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service. or any other related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third-parties as to the origin of any comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility and disclaim all liability for any comments posted by you or any third party.
ARTICLE 10 – PERSONAL INFORMATION
ARTICLE 11 – 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, fees shipping of products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or to cancel orders, if any information in the Service or on any other related website is inaccurate, and this , at any time and without notice (including after you have placed your order).
We are under no obligation to update, change or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No set update or refresh date in the Service or on any related website should be relied upon to conclude that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone 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 could be used in a way that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent 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 prior notice to you.
You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.
Nightypen, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product from this Service, or for any other claim relating in any way to your use of the Service or of any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any c content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of them occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nightypen, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, with respect to 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 breach of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all the other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof ).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or this provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to any prior version of the General Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Conditions of Sale and Use should not be interpreted to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, will be governed by and interpreted under the laws in force in Nice, France.
ARTICLE 19 – MODIFICATIONS MADE TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at firstname.lastname@example.org .