1-Purchase terms and conditions
These present General Contract Conditions, hereinafter, GCC, regulate the purchase conditions of the distinct products offered on the website, www.nighshop.com
, owned by American Made Group, hereinafter, NIGH, 8662 FINSEN ST ORLANDO , FL 32827 US.
Users who make purchases at www.nighshop.com
fully accept these present GCC terms and will be legally bound by them, as they have been drafted at the time of consent. As a prerequisite of the purchase of any product via www.nighshop.com
, you must read and accept the GCC terms.
The GCC will remain available at all times from this website, so all users can consult or print them out at any time they see fit. Only those over the age of 18 years old and with sufficient legal capacity to enter into binding contracts may purchase products at www.nighshop.com
. By placing a purchase via this website, you guarantee that you are over the age 18 years old, and that you have the legal capacity to enter into binding agreements.
2- Purchase procedure
The purchase process is simple, whether it is the first time you buy at www.nighshop.com
, or if you have previously purchased, since no previous registration is required.
1) SELECT: select the desired product, which will be followed by a detailed description of said product, as well as its price (VAT included). By clicking “Add to Cart”, the item will be incorporated into the shopping cart.
2) BUY: Once all desired items are in your shopping cart, the next step will be to process the order. To do so:
- Click the "Shopping cart” icon on the upper, right hand side of the page
- Click on the “Checkout” button
- Fill out or verify contact information, the details of your order, the address to which you want to receive your order, as well as the address to which the invoice must be sent
- Click on the "Complete Order" button
- Introduce the details of your credit card, debit card, or PayPal account
- Click "Authorize Payment".
3) PAYMENT: choose your payment method: Visa, MasterCard, or PayPal
After finalizing your purchase, you will receive an e-mail acknowledging the receipt of your order (the "Order Confirmation
"), and specifying all the details of your order, for example: the method of payment chosen. If you observe an error in the address indicated, or any other details, you must immediately give notification via the following contact form: https://www.nighshop.com/contact
, or sending an e-mail to firstname.lastname@example.org enabling the procedure to correct the error.
Payment by credit card
The customer can choose the payment by credit option by performing this operation at the time of placing the order.
At www.nighshop.com a system named the SSL (Secure Sockets Layer) is used. It is a payment system in a secure environment, due to the fact it allows for the encryption of the information transmitted during the transaction, ensuring the confidentiality of it.
As a protection measure against fraud, NIGH reserves the right to request customers for additional documentation to be sent by e-mail to certify the identity of the buyer as the legal owner of the credit card. This accreditation may be attached digitally in pdf or jpg format from the same e-mail from which it is requested, in order to expedite the validation of the order and to proceed to send it as soon as possible.
By clicking on "Authorize Payment" You are confirming that the credit card used is yours.
Payment by PayPal
We offer the possibility to pay through PayPal. To do this, you must have an account with this service. By using PayPal, you will not have to enter your card details at the time of payment, but you will be required to enter your PayPal e-mail and password. The charge will be made at the moment we confirm the order. In order for the transaction to be valid, the Shipping Address and the Address that appears on the PayPal transaction must be exactly the same.
All product orders are subject to availability, and in this regard, if difficulties arise in terms of their supply, or if no items are in stock, we hereby reserve the right to provide You with information regarding substitute products that are of similar or superior quality and price that you may order. Should you not wish to order any of these substitute products, we will refund any amount that You may have paid.
5-Refusal to process an order
We hereby reserve the right to withdraw any product from this website at any time and/or delete or modify any material or content on it. Although we will always do our best to process all orders, there may be exceptional circumstances that oblige us to reject the processing of an order after having sent the Order Confirmation Said exceptional circumstances are as follows:
- orders that are considered fraudulent due to well-founded evidence and proof provided by our security department. At NIGH, we take the fair and just participation of our clients in raffles and purchases of exclusive releases very seriously, thus we reserve the right to cancel those orders we consider fraudulent
- attacks that occur on our website, or abuses in the form of the hiring or utilization of automated tools, which aggravate our website and create confusion due to the fact they are not a real consumer, or prevent the proper functioning of our sales and operations
- any operation in which practices are observed that are contrary to our sales policy that artificially attempt and/or facilitate attacks on our website affecting the ability to manage orders and allow for the conclusion of sales.
We reserve the right to reject any transaction, regardless of its processing status, in which any of the above exceptional circumstances is noted, and in general, in all those operations whose practices are observed contrary to our sales policy and/or conditions of the website. In all these cases, we will not be liable to your liable to you or any third party for the withdrawal of any product from this website, regardless of whether this product has been sold or not, the deletion or modification of any material or content on the website, or our refusal to process an order after having already sent the Order Confirmation. If any of these fraudulent purchases, puts the Online platform at risk or causes technical problems, NIGH will take legal action against those who provoke this type of attack, either as the main intention, or as a consequence of the purchase of products in an automated way, either from the same or multiple IP’s.
6-Transfer of risks and ownership
Product risks will be your responsibility upon delivery.
You will acquire ownership of the products once we receive full payment of all amounts due in connection to them, including shipping costs, or upon delivery (according to the definition in Clause 7), if this were to take place afterwards.
7-Delivery costs and times
Unless extraordinary circumstances happen, we will attempt to fulfill your order with the product(s) listed in the Shipping Confirmation prior to the delivery date set out on the Shipping Confirmation or, if no delivery date is specified, within 15 days from the Shipping Confirmation date
Delays may occur due to the following reasons:
- Unforeseen circumstances; or
- Delivery area;
If, for any reason, we are unable to meet the delivery date, we will notify you of this and we will give you the option of going ahead with the purchase and setting a new delivery date, or canceling the order with a full refund of the amount paid. In any case, bear in mind that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, "delivery” will be understood to have occurred or the product(s) will have been "delivered" upon signing the receipt for it at the agreed delivery address.
The delivery of orders is realized via different courier companies, dependent on the destination address of the product and indicated by the customer at the time of placing the order.
If, at the time of collection/delivery you are not present at the address indicated, wherever possible, the courier Company will leave you a notice, so you can contact them, and arrange a new date and time for delivery.
Receipt of the order
If during the delivery and before having opened the package or manipulated the product, the client sees obvious signs of damages caused by the courier or manufacturing defects of the product itself, he should first mention it on the waybill and notify NIGH the soonest possible after the reception (through the contact form https://www.nighshop.com/contact or by e-mail: email@example.com). We recommend that the client proceeds within 7 working days since the reception, to be able to easily follow up on the return of the product/s in question, on their substitution for new ones in good conditions or on their full refund, according to what he might specify in his request (See section "RETURNS AND EXCHANGES").
All products offered at www.nighshop.com
come with a guarantee indicated by the manufacturer, and according to what is established in the current legislation. Certain pieces or products, may have a longer warranty period depending on the manufacturer, in which case it will be indicated in product characteristics.
The guarantee does not cover those defects or damages caused by the misuse, incorrect handling, or general wear and tear of the object.
9- Customer Service Department
At your disposal, NIGH has a Customer Service Department, where you will be personally attended to with any questions you may have. You can contact them via:
- Telephone at the following numbers: +1 682-703-0253 (USA)
- E-mail at firstname.lastname@example.org
- Post at NIGH,8662 FINSEN ST ORLANDO , FL 32827 US.
10- Online conflict resolution
In compliance with the provisions established in Article 14.1 of Regulation (EU) 524/2013 of the European Parliament and the Council of May 21, 2013, in the event that the buyer has the status of consumer, we inform you of the existence of an extrajudicial online dispute resolution platform made available by the European Commission, available at : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
and through with consumers will be able to submit their claims.
In addition, in compliance with the provisions established in Article 14.2, we inform you that NIGH is adhered to ALTERNATIVE RESOLUTION ENTITY/IES TO RESOLVE LITIGATION, include link
11- Returns and exchanges; right to withdraw
In cases where the product is defective, or damaged, or You consider that, upon its delivery, the product does not match what was stipulated in the Contract, you must contact us immediately through our contact form or through your customer account, by providing the product details as well as a description of the damage found, or by calling our Customer Service team at (+1 682-703-0253), who will then tell you how to proceed.
The amounts paid for products that have been returned due to any damage or defect—when there is any—will be refunded in full, including the shipping costs incurred in delivering the item, as well as the costs incurred in returning the defective product, up to a limit established be territorial bands. The refund will be made using the same payment method used to pay for the purchase.
No refunds will be accepted in the following cases:
- the product is in poor condition
- the product is not complete, accessories are missing, or it has been tampered with and/or broken
- accessories or instructions or other original documentation is missing
- the return period established has expired
- no proof of purchase or invoice is provided
The refund will be made once we have received the product and verify that it is in perfect condition (except in cases of defective products, or damaged during the transport of delivery to the customer), and in any case, no later than 14 working days from the date on which the product was received on our premises.
The refund will always be made using the same payment method used to pay for the purchase.
Withdraw from a purchase
The consumer and user has the right to withdraw from the Contract, during a period of 14 calendar days from the receipt of the order, without the need to indicate a reason, and without incurring any cost other than the return costs, which will be borne by the consumer.
To exercise this right, you must communicate
this to us through our Right of Withdrawal Form (section “Returns”), or make another declaration indicating your decision to withdraw from the contract, within said period to NIGH through the Contact Form: https://www.nighshop.com/contact
. We remind you that the burden to exercise the right of withdrawal falls on the consumer and user.
The costs related to returns, will be borne by the buyer, except in cases where the product is defective, or has arrived in poor condition, due to damage suffered during transport.
The customer can directly return the product in one of our physical shops without any additional cost. He can also return it through any postal service or courrier. In that case, the cost would depend on the location from which the product is sent, the weight of the package and the courrier chosen to return it. For example, a shipment within the Iberian Peninsula using Correos, weighting between 1 and 5 Kg would cost approximately 15 $. If it is sent from the Canary Islands it would cost around 25 $. Since the customer is the only person assuming that cost, he gets to freely choose the return mode. nighshop accepts no responsibility in case of fares variations of postal services and in case of any loss of the package during its shipping.
In case of exercising the right of withdrawal, we will reimburse all the payments we have received from you including the shipping costs, except if you have chosen a different shipping option than the less costly regular one. In that case, the corresponding additional costs will not be reimbursed. You will receive the refund without any delay and in any case, not later than 14 calendar days after informing us from your decision to exit the contract. However, the refund can be put on hold until the reception of the goods or until presentation of a proof of return under the conditions previously stated.
Once said period has elapsed without having communicated your right to withdraw from a pur chase, no reimbursement will be granted.
The Contract can not be abandoned in the following cases, among others (Article 103 Royal Legislative Decree 1/2007, of November 16th, which approves the revised text of the General Law for the Defense of Consumers and Users):
- The supply of goods made according to the specifications of the consumer and user or are clearly personalized.
- The supply of sealed goods that are not suitable for being returned for reasons of health protection, or hygiene, and that have been unsealed after delivery.
Instructions for returns in the case of withdrawal from a purchase
You may return goods by regular mail, courier service, or at any of our physical stores. You will be responsible for the transportation costs incurred in returning the goods. Please bear in mind that if You decide to return the items by freight, we are authorized to refuse the return or deduct the costs incurred in its shipping from the total refund amount.
Should you have any questions, you may contact us using the Contact Form, your customer account, or by calling Customer Service at +1 682-703-0253 (USA) during their hours of operation.
Please keep in mind that in order for us to accept a return, it is essential to send the item with its original box or packaging, as well as all instructions, documentation, and accessories that came with it.
After inspecting the item, we will let you know whether you are entitled to a refund of the amounts paid. The refund will be made as soon as possible, and in any case, within a period of 14 calendar days from the date on which the decision of withdrawal was informed, provided that the product has been received in our facilities within the legally established period. The refund will always be made using the same payment method used to pay for the purchase.
When requesting a return, the client should consider that we proceed to a careful examination of the product to make sure that it has not been worn, misused, that the sole does not present stains, that the colour has not been washed out, that it does not present any residues of fluffs (whether they come from socks or from animals) and that it has not suffered damages from external causes. In the following cases, the client will be held responsible for the depreciation of the product. The same applies if the original box has been damaged (if it presents hand-writing, tapes, stickers, adhesives or if the label has been manipulated). If the product comes with labels and promotional material, they should figure inside the box when returning it.
Withdrawal from a Purchase Form
LINK TO FORM:
Upon completing the form, sign it, and send it together with the products you want to return to: NIGH, 8662 FINSEN ST ORLANDO , FL 32827 US.
12- Personal data protection
In accordance with the established Organic Law 15/1999 of the Personal Data Protection Law, we inform you that the information you voluntarily provide us when making any purchase will become part of directory owned by American Made Group LLC, in order to manage your purchase, shipping, post-sales service, and customer service. In addition, we will periodically send you information about offers on our products.
You can exercise the rights of Access, rectification, cancellation, and opposition at any time, by email to email@example.com
specifying in the subject "LOPD Reference", or by postal service to 8662 FINSEN ST ORLANDO , FL 32827 US.
We would appreciate you maintain your personal information updated, so that American Made Group LLC. can fulfill its obligation to keep them accurate and updated.
The user agrees to provide accurate and relative data to their person, assuming any type of responsibility in regards to the inaccuracy of the data and/or manipulation of data relating to third parties, as American Made Group LLC. presumes that the data has been provided by the true owner, and that they are accurate and true.
13- Writter communications
Legislation in force requires that some of the information or communications that we send you be in writing. By using this website, you hereby agree to most of the communications with us being done electronically. We will contact you by e-mail or we will provide you with information by posting notifications on this website. For contractual purposes, you hereby consent to using this electronic form of communication and acknowledge that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirements of being done in writing. This does not affect your statutory rights.
We can send You communications by e-mail or to the postal address provided by you when placing an order.
Notifications will be understood to have been received and properly made 24 hours after having sent an e-mail, or three days after any letter’s postmark. To prove that notification was sent, it will be enough to prove, for a letter, that it had the right address, it was properly stamped, and it was duly delivered to the post office or to a mailbox, and for an e-mail, that it was sent to the e-mail address provided by the recipient.
15- Assignment of rights and obligations
The Contract between you and us is binding for both you and us, as well as for our respective successors, transferees, and beneficiaries.
You may not transfer, assign, charge, or otherwise dispose of a Contract or any of the rights or obligations arising under it in your favor or for You, without our prior written consent.
We may transfer, assign, charge, subcontract, or otherwise transfer a Contract or any of the rights or obligations arising under it on our behalf or for us, at any time during the term of the Contract.
For the avoidance of any doubt, these transfers, assignments, charges, or other transfers will not affect your statutory rights as a consumer recognized by law, nor will they cancel, reduce, or limit in any way the express and implied warranties that we may have granted.
16- Events beyond our control
We will not be liable for any failure or delay in the performance of any of the obligations assumed under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").
Force Majeure includes any act, event, lack of performance, omission, or accident that is beyond our reasonable control and particularly includes (without limitation) the following:
- Strikes, lockouts or other industrial action
- Civil commotion, riot, invasion, terrorist attack or terrorism threat, street disturbances, protests and social-political grievances, war (whether declared or not), or war threat or preparations
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster
- Inability to use trains, ships, airplanes, motor transport or other means of transport, whether public or private
- Inability to use public or private telecommunication systems
- Acts, decrees, legislation, regulations, or restrictions of other governments
- Strike, failures or accidents of maritime or river transport, postal, or any other means of transport.
Our obligation to perform by virtue of any Contract will be understood as suspended during the period in which Force Majeure continues, and we will get a deadline extension during which to perform our obligation while such period lasts. We will use all reasonable means to put an end to the Force Majeure situation or to find a solution through which we will be able to perform our obligations by virtue of the Contract in spite of Force Majeure.
If, during the validity of a Contract, we were to cease strict performance of any of the obligations assumed by virtue of it or of any of these Terms and Conditions, or if we were to cease exercising any of the rights or resources to which we were entitled to exercise or lodge by virtue of such Contract or these Terms and Conditions, this fact will not be construed as a waiver of these rights or resources, nor will it exempt you from performing such obligations.
The waivers that we make to demand performance will not be construed as a waiver by us to demand subsequent performance.
No waiver by us to any of these Terms and Conditions will take effect, unless expressly stipulated as such and duly notifying you in writing in accordance with the provisions in the preceding section on “Notifications”.
If any of these Terms and Conditions or any of the provisions of a Contract were to be declared invalid, illegal, or unenforceable to some extent by the competent authority, the remaining terms and conditions and provisions will nevertheless continue to be valid and enforceable to the extent permitted by law
19- Integrity of the Contract
These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between You and us in connection to the subject of the Contract and supersede all prior understandings, agreements, or promises agreed on between You and us, whether verbal or written.
Both parties hereby acknowledge having accepted to enter into this Contract without having relied on any representation or promise made by the other party or which may be inferred from any representation or writing in any negotiations between the two prior to this Contract, except what is expressly stated in these Terms and Conditions.
Neither of the parties will have any recourse against any false representation made by the other party, whether verbal or written, prior to the Contract date (unless such false representation was made fraudulently) and the only recourse available to the other party will be the breach of contract in accordance with the provisions of these Terms and Conditions.
These present GCC terms are governed by American law.
To resolve any controversy or conflict arising from the purchase of products at www.nighshop.com
, both parties agree to submit to the courts or tribunals of MADRID, waiving any jurisdiction to which both parties may be entitled, except in the case of consumers and users, in which case the competent jurisdiction shall be that corresponding to their domicile.