Terms of service

OVERVIEW

Welcome to Night Check Co. The terms “we,” “us,” and “our” refer to Night Check Co.

Night Check Co. operates this online store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (collectively, the “Services”).

Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, accessing, interacting with, or using our Services, including making a purchase, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have reached the age of majority and have given your consent to allow any minor dependents under your supervision to use the Services.

To use certain features of the Services or make a purchase, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You may not sell, transfer, assign, or license your customer account to another person.

SECTION 2 — PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible.

However, colors, sizing, positioning, appearance, and other visual characteristics may vary depending on your device, display settings, production processes, and other factors.

Because some Night Check Co. products may be produced individually after an order is placed, minor variations may occur between the digital representation of a product and the physical item received.

We reserve the right to modify product descriptions, pricing, availability, designs, specifications, or other product information at any time without prior notice.

We also reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction where permitted by law.

SECTION 3 — ORDERS

When you submit an order through Night Check Co., you are making an offer to purchase the products included in your order.

We reserve the right to accept, decline, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, payment problems, pricing or inventory errors, product availability, or violations of these Terms.

An order is not considered accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it.

Because orders may enter production or fulfillment quickly, we cannot guarantee that changes or cancellations can be accommodated after processing or production has begun.

If we cancel or materially modify an order, we will attempt to notify you using the contact information provided with your order.

Returns, refunds, exchanges, and cancellations are governed by our Return and Refund Policy.

Products purchased through Night Check Co. are intended for personal or household use unless otherwise agreed.

SECTION 4 — PRICES AND BILLING

Product prices, discounts, promotions, and availability may change without notice.

The price charged for a product will be the price displayed at checkout when your order is placed, subject to correction of obvious errors where permitted by law.

Unless expressly stated otherwise, displayed product prices may not include applicable taxes, shipping charges, customs duties, import fees, or other charges.

Any applicable charges will be displayed or calculated where possible during checkout.

Promotional offers may be subject to separate terms and conditions. If specific promotional terms conflict with these Terms, the promotional terms will apply to that promotion.

You agree to provide accurate, current, and complete billing, payment, and account information.

You represent that you are authorized to use any payment method submitted in connection with an order.

SECTION 5 — SHIPPING AND DELIVERY

Shipping destinations, methods, rates, estimated delivery times, and any applicable free-shipping thresholds are described on our website or during checkout.

Delivery times are estimates and are not guaranteed unless expressly stated otherwise.

Night Check Co. is not responsible for delays caused by shipping carriers, customs processing, severe weather, natural events, incorrect customer-provided addresses, or other circumstances outside our reasonable control, subject to rights that cannot be excluded under applicable consumer law.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Additional information regarding shipping and delivery is available in our Shipping Policy.

SECTION 6 — RETURNS AND REFUNDS

Eligible purchases may be returned in accordance with our Return and Refund Policy.

Night Check Co. currently provides a 30-day return period for eligible items, subject to the conditions and exceptions described in that policy.

Where applicable, eligible returns may include free return shipping in accordance with our published Return and Refund Policy.

Nothing in these Terms limits any mandatory consumer rights available under applicable law.

SECTION 7 — INTELLECTUAL PROPERTY

The Services and their contents, including Night Check Co. branding, logos, graphics, artwork, designs, photographs, product imagery, text, videos, audio, website elements, and other content, are owned by or licensed to Night Check Co. and may be protected by copyright, trademark, and other intellectual property laws.

The Services are provided for your personal, non-commercial use.

Except as expressly permitted by law or with our prior written authorization, you may not reproduce, copy, distribute, modify, republish, sell, exploit, create derivative works from, or commercially use our protected content.

The Night Check Co. name, logos, designs, and other brand identifiers may not be used without authorization where protected by applicable law.

Shopify and other third-party names, logos, and trademarks appearing through the Services remain the property of their respective owners.

SECTION 8 — OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to services, applications, integrations, or tools supplied by third parties.

Such third-party services may operate under their own terms and privacy policies.

To the extent permitted by law, Night Check Co. is not responsible for third-party services that we do not own or control.

Your use of optional third-party tools is at your discretion and may be subject to the applicable provider’s terms.

We may introduce new features, integrations, tools, or resources in the future. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain links to websites, social media platforms, applications, or services operated by third parties.

Night Check Co. does not control those third-party services and is not responsible for their content, privacy practices, security, products, or services.

If you access or purchase from a third-party service, you should review that provider’s applicable policies and terms.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Night Check Co. is powered by Shopify, which provides the ecommerce infrastructure that enables us to offer the Services.

Purchases made through the Night Check Co. store are transactions between you and Night Check Co., not between you and Shopify.

Shopify may process certain information necessary to operate and provide the ecommerce platform in accordance with its applicable terms and privacy practices.

Nothing in this section limits rights or remedies that cannot legally be excluded.

SECTION 11 — PRIVACY

Personal information collected through the Services is processed in accordance with our Privacy Policy.

Because our store is powered by Shopify, certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy practices.

Our Privacy Policy provides additional information about how Night Check Co., Shopify, and relevant service providers may collect, use, process, or disclose personal information.

SECTION 12 — REVIEWS, FEEDBACK, AND USER CONTENT

If you voluntarily submit reviews, comments, photographs, suggestions, ideas, or other content to Night Check Co., you represent that you have the necessary rights to provide that content.

You grant Night Check Co. a non-exclusive, worldwide, royalty-free license to use, reproduce, display, adapt, and distribute submitted content for purposes reasonably related to operating, improving, and promoting our Services, subject to applicable law.

You may not submit content that infringes intellectual property rights, privacy rights, or other rights of another person, or content that is unlawful, defamatory, abusive, misleading, obscene, or malicious.

You remain responsible for the content you submit.

We reserve the right, but not the obligation, to remove content that violates these Terms or applicable law.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, update information, or cancel affected orders where permitted by applicable law.

If an order is canceled after payment due to such an error, any amount paid for the canceled portion will be refunded as required.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

• Violate applicable laws or regulations.
• Infringe intellectual property or other legal rights.
• Harass, threaten, abuse, defame, or harm another person.
• Provide intentionally false or misleading information.
• Distribute malware, viruses, or malicious code.
• Send spam or unauthorized commercial communications.
• Impersonate another person or entity.
• Collect personal information about others without authorization.
• Scrape, crawl, interfere with, or circumvent security features of the Services where prohibited.
• Engage in fraudulent, abusive, or malicious activity.

We may restrict, suspend, or terminate access to the Services where reasonably necessary in response to violations of these Terms.

SECTION 15 — TERMINATION

You may stop using the Services at any time.

We may suspend or terminate access to all or part of the Services if you materially violate these Terms, misuse the Services, engage in fraudulent or unlawful conduct, or where otherwise reasonably necessary to protect Night Check Co., our customers, Shopify, or third parties.

Provisions that by their nature should survive termination will remain effective after termination, including provisions concerning intellectual property, liability, indemnification, privacy, and governing law.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, secure, error-free, or available.

Nothing in these Terms excludes warranties, guarantees, consumer protections, or other rights that cannot legally be excluded or limited.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Night Check Co. and its service providers, affiliates, representatives, contractors, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or relating to your use of the Services or products purchased through the Services.

Where applicable law does not permit certain exclusions or limitations of liability, those exclusions or limitations will apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including mandatory consumer rights.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Night Check Co. and its affiliates, employees, representatives, contractors, licensors, and service providers from third-party claims, losses, liabilities, and reasonable expenses arising from your material violation of these Terms, applicable law, or the rights of another person.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will remain valid and enforceable.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with policies and other terms incorporated by reference, constitute the agreement governing your use of the Services to the extent permitted by applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by law.

We may assign or transfer our rights and obligations in connection with a restructuring, sale, transfer of business, or other legitimate business purpose, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services will be governed by the laws applicable to the jurisdiction in which Night Check Co. is legally established, without depriving consumers of mandatory protections available under the laws of their country or jurisdiction of residence where applicable.

Any disputes will be handled by courts having jurisdiction under applicable law.

SECTION 23 — CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page at any time.

We may update these Terms periodically to reflect changes to our Services, business practices, or legal requirements.

Where required by applicable law, we will provide appropriate notice of material changes.

The date shown at the top of these Terms indicates when they were most recently updated.

SECTION 24 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Night Check Co.
Email: support@nightcheckco.com