Acceptance of Orders
You warrant that all information you supply to us at the time of placing an order (Order) for products that are offered for sale by us through the Website (Products) and in connection with an Order made using the Website, is true and correct.
By placing an Order you are offering to purchase a product on, and subject to the following Terms of Supply.
Your receipt of an order confirmation does not indicate our acceptance of your Order and it does not confirm our offer to sell. Black Nightingales has the right to accept or decline your Order at any time after receipt of your Order. All Orders placed must obtain pre-approval with an acceptable method of payment of Black Nightingales. We may require additional verifications or information before accepting any Order.
Black Nightingales reserves the right to refuse any Order without giving reason. If we cancel an Order, we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method of payment received.
We may correct any errors which appear on the Website and reject any Orders which have been received in connection with such errors.
Black Nightingales has the right to refuse or cancel any Orders placed for Products listed at the incorrect price.
Black Nightingales’ right to refuse or cancel any Orders will apply whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, Black Nightingales will immediately issue a credit to your credit card account in the amount of the charge.
Prices displayed on the Site are shown in United States dollars and include taxes, where applicable. Prices are subject to change at any time.
Delivery costs will be charged in addition to the price of the Products.
Unless otherwise stated, any accessories shown in any image of Products are not included in the price.
Change of Address
Black Nightingales cannot be held responsible for an incorrect address being entered on your Order. If you complete your Order and then notice that the address details are incorrect, please contact Black Nightingales immediately.
You must pay Black Nightingales for the Products at the time of placing your Order using the Site. Black Nightingales accepts Visa, MasterCard and PayPal. You must comply with the terms and conditions of these providers.
If you elect to pay by Visa or MasterCard, charging or debiting of your payment card will only be made when you elect to pay for the items you have ordered at the end of the check-out. Prior to this step, your Order will not be recorded or processed.
Upon receiving your Order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If the issuer of your payment card refuses to, or does not authorise payment for any reason, then you will be notified of this immediately prior to completing your purchase using the Site at the check-out stage. Your card will be debited once the Order has been accepted.
Please see PayPal for information on PayPal payments.
Overseas Orders (Not currently Shipping Overseas)
Black Nightingales does not convert the total price of Orders into other currencies. We will bill your credit or debit card or PayPal account in US dollars and the card company or PayPal will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution.
You can use the currency converter in the shopping cart to get an estimate on what an Order will cost you in your preferred currency, however this should be used as a guide only.
The actual price charged to overseas customers will be subject to the exchange rate applied by the customer’s credit or debit card company.
Customers outside the United States may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.
Account discount codes may be offered to account holders from time to time. These discount codes are only redeemable by the registered account holder and are only available for use until the lapse of the expiration date of those discount codes.
Promotional discount codes may be offered from time to time on certain products. These discount codes will be available for a limited amount of time only.
The entire amount of any discount code must be used in one single transaction. Refunds will not be given for any leftover value. Discount codes do not cover the cost of shipping.
Your credit card details are not stored by the Website, they are passed securely through an online payment gateway. All supplied sensitive credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database.
When placing an order, you undertake that you are an authorised user of the credit or debit cards used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Site. Black Nightingales will report any instances of credit card fraud to the United States Police and banking authorities.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
If you receive any Products that you are unhappy with, you may return the item to Black Nightingales within 14 days of receiving it and we will offer you a store credit, replacement, (if in stock) or refund for the purchase price of the item. The purchase price is the amount you paid for the Product and does not include any delivery costs.
If you wish to exchange a Product, you will be given a store credit that you will be able to use towards your next order. Please be aware that any purchases made with store credits are processed as a new order and standard postage costs and delivery times will apply.
All items returned to us must be returned in the original condition – unworn and unwashed. We will not be able to accept any items for return which are not in the original condition.
You are responsible for postage costs of returning the item. We recommend using registered mail to return items, as Black Nightingales is not liable for any items lost in the mail.
If you have received a Product which is faulty or defective please contact us at email@example.com
Under our s policy for defective or faulty items, you may return your Products to us if the Products (among other things):
(a) are or become faulty through no fault of your own;
(b) are not fit for a stated purpose or a purpose you made known to our sales staff; or
(c) don’t match the description for them.
Any Product returns must be made within a reasonable period of time and you will be asked for proof of purchase. In the event of items determined defective or faulty by the Black Nightingales returns staff, Black Nightingales will cover postage costs.
LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall Black Nightingales be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Products, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Black Nightingales has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Black Nightingales’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have actually paid to Black Nightingales for the Products. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SHIPPING & DELIVERY
Our aim is to process your order within 24-48 hours of it being placed.
Black Nightingales only ships orders Monday to Friday, during office hours, and does not operate on public holidays.
Please note that most of our products are made to order especially for you, so dispatch times may vary according to availability.
Following release day,s Black Nightingales may take a few extra days to catch up on processing orders. Your patience is appreciated.
Black Nightingales will email you to confirm the order and again at the time of dispatch.
Once an order has left the Black Nightingales facility, it is in the care of USPS, UPS, and your local postal service. Black Nightingales is not liable for any errors made by these services.
Once you have received your parcel, please open it with care. Black Nightingales is not liable for any items damaged during the opening of your parcel.
The estimated delivery time of orders within the United States is 1-3 business days after shipment. Your orders are shipped using USPS.
Each parcel is able to be traced and requires a signature upon delivery. If you won’t be present at the delivery time, then please leave a message (using the ordering process at the check-out stage) giving permission for your parcel to be left in a secure place without a signature. Otherwise, a note will be left and you will be required to pick up the package from a United States Post Office.
Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
For international orders, you may have the option to select Standard or Express delivery services. Standard Delivery is not available to all counties and this is something outside Black Nightingales’ control. If Standard Delivery is not available to your country, you must select the Express Delivery shipping option.
In some countries, customs or import duties may be charged. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot provide an estimate of what they may be. Customs policies vary widely from country to country, please contact your local customs office for further information.
Standard Delivery uses USPS and overseas postal services. There is no tracking service available with this option. The estimated delivery time is 1-3 weeks after shipment.
Once your parcel has arrived in your country, standard shipping parcels will be passed on to the internal postal service, according to standard delivery procedures.
For deliveries, we suggest you have your order delivered to a work address rather than a home address, as some couriers only deliver between 9am and 5pm, and will require a signature on receipt. If you aren’t available when your parcel is delivered, the delivery driver will leave a calling card with instructions on how to pick it up.
Express Delivery uses UPS, a service for which delivery of packages may be traced. The estimated delivery time is 2-5 business days after shipment. Customers that have selected UPS Express Shipping will receive a separate email from UPS containing their tracking number. All UPS parcels will be marked at full value as is legally required.
UPS will try delivering for 3 consecutive business days. If unsuccessful, UPS will notify us to help contact the customer for an alternative option such as redirection/return to sender. If we can not contact the customer within 5 business day the package will be destroyed by UPS. We can not be held accountable for any packages destroyed by UPS.
We recommend using Express Delivery so you are able to track the progress and location of your order. If you use the Standard Delivery service, we cannot be held liable for any lost items.
Please note, UPS do not deliver to a PO BOX address. Please use a residential address, or work address where you will be available to sign for your parcel.
Black Nightingales limits its liability in respect of any claim under those provisions to: in the case of goods, at Black Nightingales’ option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Black Nightingales’ option: the supplying of the services again; or the payment of the cost of having the services supplied again.