Terms of service
OVERVIEW
This website is operated by NACHT STREETWEAR (“NACHT”, “we”, “us”, or “our”). By accessing or using this website, including browsing or purchasing products from our online store, you agree to be bound by these Terms of Service and our Privacy Policy.
These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.
Our store is hosted by Shopify, which enables us to offer our products and services to you.
SECTION 1 - ONLINE STORE
By accessing or using our Services, 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 your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services, products, or website content without our express written permission.
We may limit or cancel quantities purchased per person, household, or order at our discretion, particularly in relation to limited capsule drops.
While we aim to ensure all information on this website is accurate and up to date, NACHT STREETWEAR is not responsible if any information made available is incomplete, inaccurate, or not current. The material provided on this website is for general information only and should not be relied upon as the sole basis for making decisions.
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 TIMELINESS OF INFORMATION
We is not responsible if information made available on this website is inaccurate, incomplete, or not current. The material provided on this site is for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate or complete sources of information.
We reserve the right to modify the contents of this website at any time, however we have no obligation to update any information. It is your responsibility to monitor changes to our website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any part of the Services or products offered at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
We make every effort to display our products as accurately as possible. However, colours and product appearance may vary depending on your device settings.
All product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue any product or limit the quantities of any products offered at our discretion.
Due to the limited nature of our capsule drops, certain items may be available in limited quantities and may not be restocked once sold out.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order at our discretion. We may limit or cancel quantities purchased per person, household, or order, including orders placed under the same customer account, payment method, or billing and/or shipping address.
If an order is changed or cancelled, we may attempt to notify you using the contact details provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made on our website and to promptly update your details, including your email address and payment information, so we can process your order and contact you if required.
For more details, please review our Refund Policy
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control.
You acknowledge and agree that such tools are provided on an “as is” and “as available” basis without any warranties or conditions. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through this website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
This website may contain links to third-party websites that are not affiliated with NACHT STREETWEAR. We are not responsible for reviewing or evaluating the content or accuracy of any third-party websites and do not accept any liability for third-party materials, products, or services.
We are not responsible for the content, accuracy, or practices of any third-party websites. Your access to and use of third-party links is at your own risk.
We are not liable for any harm or damages arising from the purchase or use of goods, services, content, or any transactions made in connection with third-party websites.
Please review the policies and practices of any third-party websites before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us any submissions, including creative ideas, suggestions, proposals, or other materials (collectively, “comments”), whether requested by us or not, you agree that we may use, edit, copy, publish, distribute, or otherwise utilise these comments in any medium without restriction.
We are under no obligation to keep any comments confidential, provide compensation, or respond to any submissions.
We reserve the right to monitor, edit, or remove any content that we consider unlawful, offensive, defamatory, or in breach of intellectual property rights or these Terms of Service.
You agree that your submissions will not violate any rights of a third party or contain unlawful, harmful, or malicious material. You are solely responsible for any comments you submit and their accuracy.
SECTION 10 - PRIVACY POLICY
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery timeframes, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders if any information on our website is inaccurate at any time without prior notice, including after an order has been submitted.
We are not obligated to update, amend, or clarify information on the website, including pricing, except where required by law.
SECTION 12 - 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 13 - 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 NACHT, 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NACHT 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 15 - 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 16 - 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 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 17 - 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 governs 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 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@nachtstreetwear.com