General terms and conditions

These terms apply to all users of the domains nightrain.us and their sub-domains (henceforth: the site). The terms and conditions will be valid for all your future transactions with Nightrain Clothing, LLC (henceforth: Nightrain; may be referred to as ’us’) and visits to the site. Nightrain reserves the right to revise these terms and conditions. The date of the latest update is found in the final section of the terms and conditions. Users are responsible for keeping themselves updated with such changes.

Disclaimer

Nightrain does not guarantee that all items included in the Nightrain web shop are in stock at the time of your order. In the event that an item is unavailable, Nightrain will contact you shortly by phone or by e-mail. Nightrain cannot promise that the content of the site is free of inaccuracies or typographical errors at all times. Neither can we guarantee that all information is up-to-date. Nightrain may, at any time, amend the content of the site. Although Nightrain strives to display the correct texts, images and pricing on the site and web shop, errors may occur. If you have been charged the wrong amount in the web shop, Nightrain will give you the option of placing a new order with the correct price or canceling your order. Nightrain, however, reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where Nightrain acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Nightrain cannot be held responsible for any damaged caused from using the site or, for that matter, not being able to use the site. Nightrain cannot guarantee problem-free, uninterrupted, and secure access to the site.

Copyright permission notice

Copyright in the documents provided in this site (including, without limitation, the trademarks of Nightrain, logos, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Nightrain and it’s affiliates. Among the Nightrain trademarks are Nightrain and Nightrain Clothing. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this copyright permission notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Nightrain. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. 
For press inquiries, please email us at info@nightrain.us

Trademarks

Our trademarks include (amongst others) the Nightrain name and logo. These trademarks may be used or registered in more than one country and your use of this web site does not grant you any rights to use our trademarks.

Resale Policy

You may purchase products on www.nightrain.us for personal use only and not for resale.  By placing an order on www.nightrain.us, you certify that you are purchasing products for your own personal use and not for resale and that you accept our general terms and conditions.  We reserve the right to refuse orders for any reason without explanation.

Privacy policy

All personal information saved at the site will be handled with the most utmost care. The information that we store will not be sold or used for any purposes other than ensuring  the best service possible. It will solely be used for informing you about special offers and other marketing opportunities related to the different divisions of Nightrain. Your personal data may be disclosed to third parties only when it is necessary to fulfill the purposes described above. When registering with the site, you have the option not to receive any information from Nightrain. If you wish to end your Nightrain subscription, you may make the changes in your account settings or send an email to info@nightrain.us. State your name and email address and a short description of the matter in the email message. You have the right to review your information on file at any time. This can be accessed by  emailing info@nightrain.us. If the data is incomplete or incorrect, you have the right to have the information corrected. All customers paying by card are subject to validation checks. Nightrain reserves the right to delay any order if fraud is suspected. For security reasons, we do not store any payment information in our database.

Cookies

Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identifies your computer and allows the site to recall your personal settings. Your browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The web shop cannot be accessed if cookies are disabled.

Links

The site may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.

Colors

We cannot guarantee that colors on the website will be true to life. This depends partly on the color settings of your computer and monitor.

Violation of rules

Nightrain reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.

Force majeure

In case of Force Majeure, Nightrain’s obligations will be suspended. The contract between you and Nightrain can, in such cases, be partially or fully terminated by yourself or by Nightrain. A Force Majeure is in the event of war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events. Under such circumstances, Nightrain will attempt to resolve all issues in a timely manner.

Governing law

These terms of use are compiled in accordance with United States law and the United States courts will have exclusive jurisdiction for any dispute under this agreement. The laws of your country may differ from the United States and there may be additional legal requirements to use this website. You must comply with all applicable local and international laws and regulations regarding your use of our website.

Order Policy

We reserve the right to limit the quantities of Nightrain products that we supply, and/or to refuse any order that is unusual or placed in bad faith. In addition, we reserve the right to refuse any order from a client with whom there is a dispute concerning the payment of a previous order.

shipping policy

Please allow up to 3 business days for your order process. After processing, your order will be shipped via USPS Priority Mail. You will receive an automatic notification when your order has shipped, along with tracking information. The risk of loss and title for items purchased by you pass upon delivery of the items to the shipping carrier. By placing an order, you agree to our return policy and international customs and duties policy, if applicable.

return policy

Any item purchased at full price is eligible for return or exchange for any reason within 30 days of purchase if it has not been damaged or washed and has all original tags attached. Once we receive the garment, we will issue a full refund, or issue and exchange. For any returned or exchanged items, you will not be refunded the original cost of shipping, and you are responsible for the cost of return shipping. For exchanged items, we will pay the cost of re-shipping the item once it is received. Please email sales@nightrain.us with any return or exchange. Sale items are not eligible for return or exchange.

international customs and duties policy

Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient, as we do not take responsibility for these costs and do not offer compensation to cover any of these charges. Unfortunately, we have no control over these charges, and are not able to tell you what the costs may be, as customs policies and import duties differ from country to country.

Last Updated: 30 March 2015