Conditions of Use
Welcome to the www.nightfallbysusanmccray.com website (the "Website") Terms and Conditions. Nightfall by Susan McCray, LLC ("Nightfall", "we", "us" or "our") provides the services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below:
Please read these conditions carefully before using the website. By using the Website, you signify your agreement to be bound by these conditions.
Use of the Website:
Nightfall by Susan McCray, LLC is the supplier of the goods.
Our registered address: PO Box 3364 Westlake Village, CA 91359
Telephone Number: 888-644-4814
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under US law you must:
a) be aged 13 years or older; and
b) register to use the Website; and
c) be the holder of a valid debit/credit card.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting Customer Service. Alternatively if you are a registered customer you can update your details through the "my account" page. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Placing an Order and Order Acceptance:
You place your order request for goods from the Website by clicking on the confirm order button at the end of the online order process. You will be guided through the process of placing an order by a series of instructions on the Website, should you require any assistance please contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE. Once you have placed your order, we will send you an email acknowledgement providing you with a reference number and the value of your order which has been debited to your credit/debit card. Please note this is not an order confirmation or order acceptance from Nightfall. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation Procedure, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched, you will need to follow the Cancellation and Returns Procedure. We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorization for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time. If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
If you require any information regarding your order please contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE.
Description of Goods:
We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website. We accept payment by the following cards via PayPal: American Express, Visa, Mastercard. The payment will be debited and cleared from your account at the time when you confirm the order at the end of the online order process.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.
Passing of Property:
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more delivery. Nightfall does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to exercise your right of cancellation; and address any intended cancellation or complaints to the correct place of business.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. If you have not received the entire order as detailed in the order acknowledgement email sent to you when an order is received, please contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE.
When ordering goods from our Website for delivery outside the European Union the recipient may be subject to import duties and taxes. Any charges for duty, taxes and customs clearance are the recipient's responsibility. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from our Website, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. We regret that Nightfall will not be able to refund purchases that are refused delivery due to unpaid customs charges and/or customs laws.
Cancellation and Returns Procedure:
We hope that you are delighted with your order. However, you have the right to cancel your order within 7 working days following the day on which you received the products. Customers wishing to cancel an order must notify the company within 7 working days after the day on which you received the products that you intend to return the item(s). Your statutory rights are not affected. Goods must be returned, unopened and in the condition they were dispatched. Providing goods are returned in original condition a full refund will be made within 30 days from cancellation. We recommend that you send any returns via Certified Mail, as the company will not assume responsibility for items lost in transit. Customers should return the goods at their own expense however the company reserves the right to deduct the cost of retrieving the goods if not returned by the customer. Goods must be returned to: Nightfall by Susan McCray, LLC PO Box 3364 Westlake Village, CA 91359.
To discuss the cancellation, or return of any Nightfall product please contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE.
If you wish to complain about any matter in respect of the goods or service please contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE.
Access to the Website:
We will do our utmost to ensure availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Occasionally access to the Website may be suspended or restricted to allow for maintenance. We will attempt to limit the frequency and duration of any such suspension or restriction.
We endeavor to provide a website that is accessible to everyone and are constantly checking and improving our website to ensure it meets the demands of the Disability Discrimination Act. If however, you are experiencing difficulties, please do not hesitate to contact Customer Service on the following telephone number: 888-644-4814 or contacting us through HERE.
License for Website Access:
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or use framing techniques to enclose the Website or any portion thereof without our prior written consent. The license does not include the right to: modify or download the Website or its contents (except caching or as necessary to view content); make any use of the Website or its Content other than personal use; create any derivative use of the Website or its Content; collect account information for the benefit of another party; use any meta tags or any other utilizing our name or trademarks without the express written consent of Nightfall by Susan McCray, LLC.; use software robots, spiders, crawlers, or similar data gathering and extraction tools. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may: link to, but not replicate, our Content; not imply that we are endorsing such website or its services or products; not misrepresent its relationship with us; not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; not use any trade mark without express written permission; and not link to any page of the Website other than the home page without express written permission. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use terminates the permission or license granted by Nightfall.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples thereof, you receive from us.
Copyright and Intellectual Property:
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Nightfall, our affiliates, our partners or our licensors, and is protected by US and international copyright laws. You may not systematically extract and/or re-utilize parts of the contents of the website without our prior written consent.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Nightfall, our affiliates, our licensors or our partners, and are protected by US and international trade mark laws. All other trademarks not owned by Nightfall that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Accuracy of Information:
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
Third Party Links:
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
Representations & Warranties : Limitation of Liability:
The Website is presented "as is". We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any:
a) interruption of business;
b) access delays or access interruptions to the Website;
c) data non-delivery, misdelivery, corruption, destruction or other modification;
d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; f) inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Events beyond our reasonable control:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
We reserve the right to make changes to this site and these terms and conditions at any time. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Your use of this Website and any purchase by you of any goods from Nightfall shall be governed by US and California law and the parties hereto submit to the exclusive jurisdiction of the US and California courts.
Your statutory rights are not affected by these terms and conditions.
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