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Purchase Conditions

1-Introduction

This document contains the Terms and Conditions of purchase (hereinafter the "T&Cs") of products on the website www.nighshop.com and on our app, whatever the means, medium, or device used to access such website or app. Please read carefully these T&Cs and also our Privacy Policy and Cookies Policy to have complete information on how to shop our products and on the services, functionalities, and use of our website and app.
When you use our website or app to place an order or accept any of our offers, you are expressly informed that you are bound and obliged to these T&Cs. Any alteration or modification of these T&Cs will require the written signature of a particular agreement between the consumer and NighShop.
We will answer any questions you have about these T&Cs through the communication channels that you will find in our Company Information.

2-Company Information

By making a purchase of any of our products through this website or our app you are informed that you are entering into a Contract of sale with NighShop, registered office at 1178 A Sanchez Street, San Francisco, California, 94114 US. You can contact us through the following communication channels:
  • By telephone, at the number +1 (646) 209-7248
  • By e-mail, writing to a info@nighshop.com
  • In writing, writing to NighShop, 1178 A Sanchez Street, San Francisco, California, 94114 US
 

3- Age Required to Make a Purchase

Only individuals over the age of eighteen may shop through our website and app. In the case of minors, purchases must be made through those who exercise their parental authority or are their legal guardians.

4-Purchase Procedure

To shop at NIGH, you need to have a customer account. By creating your MyNIGH account, you will be able to enjoy many benefits, having all the details of your order updated with just one click.
The shopping process is very simple. If it is your first purchase, you will have to register beforehand whether you will place it through the web or the app. Please note that, for security and data protection reasons, we do not accept orders placed by phone.
1) SELECT: choose the desired product, and a detailed description of the product and its price (VAT included) will be displayed. Select the size to add it to the shopping cart.
At NIGH, we apply strict quality criteria to all our creative processes. Therefore, we use a neutral light to capture the real color of the product. Even so, it is also possible that, after receiving the product at your home, you may see a slight difference in the color tone of the product or other variations that are a result of a difference with the image, the display technology you use, or any other technical reason. NIGH is not responsible for these differences or variations.
2) PLACE AN ORDER: Simply follow the online shopping instructions on our website and in the app and click on “Authorize Payment”.
3) PAY: you must choose the payment method among those offered on our website or app. Please note that at NIGH we only sell our products in US dollars. The currency exchange variations that are generated when proceeding to the payment of orders will be those that apply to the customer at the time of making a purchase of our products.
Once your order is complete, you will be sent an e-mail acknowledging receipt of your order (with the subject “New Order Confirmed”), and specifying all the details of the order (e.g., the chosen method of payment and the shipping address, among other information). If you notice an error in the shipping address indicated or on any other point of the order, in order to correct that error, you must notify us immediately using the contact form, or by writing us an e-mail to info@nighshop.com

5-Order Refusal

We reserve the right to check an order in advance and to refuse to accept it in the following cases:
  • a) For reasons of force majeure, including, but not limited to:
    • i. Strikes and lockouts.
    • ii. Fires, explosions, earthquakes, floods, storms and, in general, any natural catastrophe or loss in our facilities, stores, or warehouses that prevent us from carrying out our business normally.
    • iii. Revolts, revolutions, terrorist attacks or wars.
    • iv. Epidemics, declaration of health crises that limit the mobility of people and/or goods and, in general, approval of any regulation or administrative or judicial notification that orders the cessation of our activity.
  • b) Resale of the products by whoever performs the purchase. NIGH does not make wholesale sales, we only sell to consumers and users and entities that purchase our products for purposes other than resale.
  • c) Purchaser identity theft.
  • d) Payment fraud.
  • e) Failure to obtain authorization for the payment of the order.
  • f) The order must be delivered to a country to which NIGH does not ship.
  • g) Placing orders that we reasonably suspect to have been done with the aid or intervention of any software, robot, crawler or any other automated procedure or device.
  • h) Any order that is deemed fraudulent based on substantiated evidence provided by our security department. At NIGH, we take very seriously the fair participation of customers in raffles and the buying of exclusive releases, so we reserve the right to cancel those orders that we consider fraudulent.
  • i) Any operation in which practices against our sales policy are observed that attempt, artificially and/or through attacks to our website, to the ability to manage orders and the conclusion of sales.
 
We reserve, therefore, the right to refuse any transaction, regardless of its processing status, in which any of the above causes of force majeure are noticed, and in general, any operations in which are observed practices against our sales policy, these T&Cs and/or the conditions of use of our website or app. In all these cases, we will not be liable to the customer or user or any third party for removing any product from this website, regardless of whether such product has been sold or not, removing or modifying any material or content of the website or app, or for refusing to process an order once we have sent you the order confirmation.
If any of these fraudulent purchases jeopardize our online platform or cause technical problems, NIGH will take legal action against those who provoke these types of attacks, either as a main intention or as a consequence of the purchase of products in an automated way.

6-Payment Methods

Payment by Credit or Debit Card
The customer can choose to pay by credit or debit card. The transaction will be effective at the moment of placing the order. Our website and app uses the system called SSL (Secure Sockets Layer), a payment system in a secure environment that allows the encryption of the information transmitted during the transaction, ensuring the confidentiality of the same. However, credit cards will be subject to checks and authorizations by their issuing bank, and if such bank does not authorize the payment, we will not be responsible for any delay or non-delivery, and we will not be able to formalize any contract with you.
As a measure of protection against fraud, NIGH may request Customers, via email, to send additional documentation (e.g., copy of ID) to certify the identity of the Purchaser as the lawful owner of the credit card. Such accreditation may be attached digitally in .pdf or .jpg format in the same e-mail in which it is requested, in order to speed up the order validation procedures and to proceed to its shipment as soon as possible.
By clicking on “Authorize Payment” you are confirming that you are the holder of the credit card you are using to make the payment, and you also guarantee that the information provided is accurate and complete.
Payment by PayPal
We offer the possibility to pay through PayPal. All you need to do is to have an account with said service. Using PayPal, you will not have to enter your credit card information at the time of payment, but only your email and PayPal password. You will be charged when we confirm your order. For the transaction to be valid, the shipping address and the PayPal transaction address must be exactly the same.

7-Product Availability

We strive to keep the availability of our stock up to date. Please note that all products shown on our website or app are subject to availability and, in this regard, if there are difficulties in supply, there are no items in stock, or the products are of limited edition or production, we reserve the right to provide you with information about substitute products that you can purchase of equal or superior quality and value. If you do not wish to order such substitute products, we will refund any amount you may have paid.

8- Transfer of Risks and Ownership

The risk of loss or deterioration of the products will be at your expense from the moment you, or a third party indicated by you, other than the carrier, receive the products. In the event that you are responsible for transporting the products purchased and the carrier chosen is not one of those offered by NIGH, the risk of loss or damage shall be borne by the Customer (Purchaser) upon delivery of the products to the carrier.
You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including shipping costs, taxes and/or duties, or at the time of delivery, if this should take place at a later time than the payment of the aforementioned amounts.

9- Restricted Countries to Ship to

We are restricted from shipping to some countries. The main reason lies in the difficulties to proceeding with the delivery of the products as a result of customs procedures, or the high costs that the Customer has to face for the withdrawal of the goods. For these reasons, we do not ship orders to Argentina, North Korea, Mexico, Myanmar, Philippines, or Venezuela and to those countries or territories that, at any time, NIGH may decide unilaterally for various reasons. If you have any doubts about this, please do not hesitate to contact us.
We also do not ship orders to the autonomous cities of Ceuta and Melilla. The main reason why we do not ship to these cities lies in the difficulties to proceeding with the delivery of the items, because of the customs procedures that the Customer has to face for the withdrawal of the goods.

10- Delivery Times

Barring unforeseen or extraordinary circumstances (e.g., force majeure), we will endeavor to ship the product(s) listed on the shipping confirmation before the delivery date stated on the shipping confirmation. Delivery times depend both on the country to which your shipment is addressed and on the type of shipment you selected when placing the order. You can know in detail the delivery times or the types of shipments we offer and access all the detailed information that we offer in the Shipping section of our website. If no delivery date is specified for a certain country or type of shipment, the delivery time will be 15 days from the date of the shipment confirmation. Please note that deliveries may be affected on certain dates or special sales campaigns, such as Christmas, Black Friday, sales or special promotions, due to the high volume of orders received. We recommend that during these special periods you buy in advance so that your order arrives on time.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to either go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note that we prepare and ship orders every working day. However, we do not ship orders during the weekend, nor during national holidays or those local holidays that impact our warehouses in Texas or California. If you place your order on Friday, it will most likely be shipped the following week, since we do not prepare or ship orders during the weekend.
If delivery is impossible after two attempts, we will leave you a note explaining where your package is located and how to pick it up with the corresponding courier company. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.
For the purposes of these T&Cs, it will be understood that the “delivery” has taken place or that the product/s has/have been “delivered” at the moment that you (or a third party designated by you, other than the carrier) sign, or there is evidence, by any means, of the receipt of the same at the agreed delivery address.
Keep in mind that NIGH does not accept P.O. boxes or pickup points as a shipping address for your purchase. Likewise, we do not send orders to military bases due to security protocols that make it difficult for the courier to deliver the package.
Courier Company
The delivery of orders is made through different courier companies contracted by NIGH depending on the destination address of the product indicated by the customer at the time of ordering.
If at the time of collection/delivery you are not present at the address you have communicated, the courier company will, whenever possible, leave a notice so you can contact them and arrange a new date and time of delivery.
Receipt of the Order
If at the time of delivery it is clear and visible, without the need to manipulate the shipping packaging or the product itself, that a product has defects or damages caused by transport or, in the same way, an error in the goods received is clear, you must tell the carrier and inform NIGH using this contact form or by email, at info@nighshop.com, as soon as possible after receipt of the order. We recommend that you do this within 14 calendar days of receipt of the order, in order to manage more quickly the return of the product or products affected and proceed to the replacement by another product in optimal conditions or to the refund of the price paid for it, following what indicated by you in the email. Please refer to the “Returns, Exchanges and Right of Withdrawal” section of these T&Cs for more information.
There are very few occasions on which a package may be returned to our facilities because of a mistake in the address or because some information is missing. To avoid this type of problem during delivery, it is very important that you check the shipping address during the shopping process and double-check the information when you receive your order confirmation email. If a shipment is returned to us for reasons not attributable to NIGH (for example, due to an incorrect or incomplete address that you have indicated), the amount of your purchase will be refunded once the order returns to our warehouse, deducting all the costs generated by the shipment, and the purchase Contract will be terminated.

11- Pricing

The prices of the products on our website and app are indicated only in US dollars and include VAT. The price does not include taxes and/or import duties, which must be paid by the recipient of the order (Customer) in accordance with the regulations of the country or territory of destination of the shipment. NIGH will not assume, in any case, the responsibility for payment of taxes and/or import duties that are required by the tax authorities of the country or territory of destination.
In case of extra shipping costs, they will be applied separately, detailed and added to the final amount of the order. Please visit the Shipping section of our website to obtain detailed information about the shipping costs we charge.
Prices may change at any time, but possible variations will not affect orders for which we have already sent you an order confirmation.
You are informed that by placing an order you agree to pay the price indicated on our website or app for each product, as well as the shipping costs and taxes and/or duties that are required in the country or territory of destination of the shipment, as indicated in these T&Cs.

12- Shipping to the Canary Islands

The cost of a shipment to the Canary Islands is 15 US dollar, regardless of the amount of the purchase.
Shipments to the Canary Islands have different custom handling depending on the value of the shipment:
  • Orders over 150 euros. These purchases are subject to local taxes and customs duties in accordance with the regulations of this territory. The payment of these taxes and fees are completely unrelated to NIGH and are not included in the price of the product. Therefore, it is up to the recipient of the order (Customer) the settlement and payment of these taxes and fees at the time of delivery of the order, as well as the handling costs carried out by the courier company.

13- Invoices

By placing an order, you expressly authorize us to issue the invoice in electronic format. You can download your invoice easily from your MyNIGH account, by accessing the order details. In case you have made your purchase as a guest and you do not have a customer account, please contact us, and we will send you the electronic invoice to your email as soon as possible.
Please pay special attention to the data you provide us when making the purchase, as we will use them to issue the invoice. Please note that due to tax regulations, we may not be able to make changes to an invoice already issued. Please contact us if you wish you modify the details of an invoice already issues.

14- Warranty

All products offered on our website and app have the warranty indicated by the manufacturer and in accordance with current legislation. If you enter into a contract as a consumer and user, we are responsible for the lack of conformity of the product that becomes apparent within two years of receipt of the product by the purchaser or by a third party designated by him or her, other than the carrier.
The warranty does not cover product damages or flaws:
  • a) Caused by misuse, incorrect handling or the ordinary use of the product. Please note that the useful life of any product depends on the individual use you make of it. Products that deteriorate and/or are damaged by the normal passage of time or that have reasonably exceeded their useful life will not be replaced.
  • b) That are a result of negligence or willful misconduct (such as exposure to chemicals, caustic substances, open fire, high temperatures, sharp objects, etc.).
  • c) If the product has been used for activities other than those for which the product is designed (e.g., using running shoes for track sports, or using hiking shoes as work boots, etc.).

15- Returns, exchanges and right of withdrawal

Returns
You can make the return within 14 calendar days of receipt of the order by the Purchaser or by a third party designated by him or her, other than the carrier. Once the deadline has passed, it will not be possible to return any product. Do not forget to include the return form, as it is an essential requirement that will help us locate your order in the system and ensure that your return is processed correctly.
As indicated in the "Warranty" section, if you are contracting as a Consumer and User, you may exercise your right to return the product for non-conformity within two years of receipt of the product by the purchaser or by a third party designated by him or her, other than the carrier.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 calendar days from the date on which we send you an email confirming that the refund or replacement of the non-conforming product has been accepted.
In the case of defective or damaged products or if you consider that, at the time of delivery, the product does not conform to the stipulations of the Contract of sale of the product, you should contact us immediately and follow the instructions that we will give you as we will be in charge to manage the return.
The amounts that you paid for those products you return because of any defect, when it subsists, will be refunded, including shipping costs you have incurred to deliver the product. The return costs will be borne by NIGH. To make the return of a product please contact us and we will manage the collection. The refund will be made by the same method of payment that was used to pay for the purchase.
Exchanges
Any exchange that you wish to make of a product‘s size or model requires a return and the placing of a new order. The deadline to make an exchange is 14 calendar days from the receipt of the product by the Purchaser or by a third party designated by him or her, other than the carrier. You must select the size for which you wish to exchange the first product purchased, and the new product has to be the same as the original product.
The shipping and courier costs for returns is always at the Customer's expense. For this reason, you can choose the company and the service you prefer for the shipment of the products you want to return. Being a cost borne by the Customer, he or she can choose by which way to send us the product to exchange. NIGH is not responsible, in any case, of the success of the shipment, being the Customer the one to assume the risks of loss or deterioration of the product during its return, notwithstanding the rights of the consumer and user against the carrier or courier company contracted to perform the service of returning the product.
To find out what steps you have to follow to process an exchange please visit our Returns page where we will explain in detail how to do it.
Right of Withdrawal
The consumer and user will have the right to withdraw from the Contract without stating the reason and without incurring any cost other than the cost of return, which will be borne by the consumer and user. The deadline for exercising this right will be 14 calendar days from receipt of the order by the consumer and user or by a third party designated by him or her, other than the carrier.
To exercise this right, you must communicate your unequivocal decision using our right of withdrawal form which you can access also by clicking on the Returns page, or by any other means that leaves a record of your decision (for example, by sending an email), but always within the period of 14 calendar days indicated. We remind you that the burden of proof of the exercise of the right of withdrawal will fall on the consumer and user.
The return transport costs will be borne by the purchaser (consumer and user), except in the case that the product is defective, or has arrived in poor condition due to damage suffered during transport (in this case, the provisions of the section "Common rules for returns, exchanges and right of withdrawal") will apply.
You have the option to make your return in our stores in Texas or California where our colleagues will be able to process the return and the new order at the moment. If they have stock of the desired product in the store, you can take it with you the same day. Otherwise, the product will be sent directly to the address you indicated. You can also make the return through any postal or courier service, whose cost will vary depending on the place from which you send it, the weight of the package and the service you choose to return it. For information purposes, a standard shipping through Correos within the Spanish intra-peninsular territory, with a weight of 1 to 5 kg, has an approximate cost of 15 $ and if it is from the Canary Islands, about 25 $ (these prices are indicative and the providers of these services may change the rates at any time). As this is a cost assumed by the customer, he or she is free to choose the means of return. Please note that if you decide to return the goods to us by Collect on Delivery, we are entitled, at our discretion, to refuse the return or to deduct the costs incurred for this shipment from the total refund.
NIGH is not responsible, in any case, for the variation that the rates of courier companies may suffer, or the success of the shipment, being the customer the one to assume the risks of loss or damage to the product during its return, notwithstanding the rights of the consumer and user against the carrier or courier company contracted to perform the service of returning the product.
In case of withdrawal, we will refund all payments we have received from you, including delivery charges, except if you have chosen a delivery option other than the least expensive of our standard delivery, in which case the additional costs arising therefrom will not be refunded.
Upon receipt of the product, we will examine it to check its condition and, following this check, we will inform you 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 14 calendar days from the date on which the product has been received at our facilities. The refund will always be made by the same method of payment that was used to pay for the purchase.
Once this period has elapsed without having communicated the desire to withdraw, no exchange or refund will be accepted.
Within the scope of our activities, the consumer and user may not withdraw from the contract in the following cases (Article 13 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer And User Protection Act And Other Complementary Laws):
  • a) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
  • b) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
If you have any questions, you can contact us through the contact channels indicated in these T&Cs, your customer account or by calling Customer Service at +1 (646) 209-7248 during available hours.
Click here to access the withdrawal form.
Common rules for returns, exchanges and withdrawal rights
Once we receive the product back (either by return, exchange or withdrawal), we will proceed to examine it carefully and we will inform you by email within a reasonable period of time if the refund or replacement of the product (if applicable) has been accepted. Upon receipt of the product, you should note that we will carefully examine if the product has been used, there is deterioration or dirt on the sole, has damage from misuse, is faded or has residues such as pilling or lint (whether from socks or animals) or any other damage from external causes, in which case the Customer will be responsible for the depreciation that the product may have suffered. The same shall apply if the original box or packaging is damaged (if it has been written on, taped or its label has been tampered with). The consumer and user will only be responsible for the depreciation in value of the products as a result of use or handling other than that necessary to establish their nature, characteristics or operation.
No returns or exchanges will be accepted, nor will the right of withdrawal be exercised in the following cases:
  • a) The product is in poor condition.
  • b) The product is not complete, accessories are missing, or it has been manipulated and/or broken.
  • c) The product is returned without its mandatory protective box in perfect condition. For article of clothing or accessory that includes a case, bag, hanger or individual box, if the return is not made with that case, bag, hanger or individual box in perfect condition.
  • d) Accessories or instructions or any other documentation is missing.
  • e) The deadline for the return has passed.
  • f) The proof of purchase or invoice is not provided.
  • g) In case of loss or destruction of the product, as well as total depreciation due to the use of the product.

16- Online Conflict Resolution

In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, in the event that the Purchaser has the status of consumer and user, we inform of the existence of a platform for out-of-court online dispute resolution made by the European Commission, available at: https://webgate.ec.europa.eu/odr/, through which consumers and users may submit their claims.
If you are a consumer and user, you can also send us your complaints to the following e-mail address info@nighshop.com in order to request an out-of-court dispute resolution.
We inform that NIGH has complaint forms for all our customers in our stores in Texas and California.

17- Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual and these T&Cs purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically (including purchase invoices) comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18- Notices

NIGH may give notice to you either via an e-mail or postal address that you provided to us when placing an order.
Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. To prove that notice has been given, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to the post office or a post box and, in the case of an e-mail, that it was sent to the e-mail address you specified to us.

19-Assignment of Rights and Obligations

The purchase of one of our products constitutes a binding Contract between the Purchaser and NIGH, as well as our respective successors and assigns.
Under no circumstances may you convey, assign, encumber or otherwise transfer a contract or any of your rights or obligations under these T&Cs without our prior written consent.
We may convey, transmit, encumber, subcontract, or otherwise transfer a contract or any of the rights or obligations we have derived therein, at any moment during the contract’s validity. In order to avoid any doubts, such conveyances, transmissions, encumbrances, or other transfers will not affect the rights that you have as consumers recognized by the law, nor will they override, reduce, or limit in any other way the express or tacit guarantees contained in these T&Cs.

20-Events Beyond Our Control

NIGH will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). Notwithstanding the foregoing, NIGH will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

21-Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these T&Cs shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

22-Entire Agreement

In the event that any or any part of the terms contained in these T&Cs shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
These T&Cs and any documents expressly referred to herein constitute the entire agreement between the Purchaser and NIGH relating to the subject matter of the sale and purchase and supersede any prior covenant, agreement or promise made orally or in writing by the same parties.

23-Modification of these Terms and Conditions

NIGH reserves the right to make modifications and changes to these T&Cs at any time and for any legal, contractual or security reasons in order to improve existing features or incorporate new ones, to reflect any improvements, to make reasonable technical adjustments to this website and/or the app, and in order to ensure the continued operation of the service. In any event, nothing herein contained shall affect your statutory rights as a consumer and user.

24-Law and Jurisdiction

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 American, 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.