GENERAL TERMS OF SALE AND USE
OVERVIEW
On this site, the terms “we,” “our,” and “us” refer to NIGHTBUD. NIGHTBUD offers this website https://night-bud.com, including all the information, tools, and services available to you, the user, subject to your acceptance of all the terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Terms of Sale,” “General Terms of Sale and Use,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These General Terms of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services provided therein. If these General Terms of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms of Sale and Use.
Any new features and tools added later to this store will also be subject to these General Terms of Sale and Use. You can review the most recent version of the General Terms of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these General Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of the website or access to it after any changes have been posted constitutes acceptance of those changes.
Our store is hosted on o2 switch (domain).
Head office: 22-224 Boulevard Gustave Flaubert – 63000 Clermont Ferrand, France
Tel. +33 4 44 44 60 40
Website: www.o2switch.fr
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Terms of Sale and Use, you declare that you are of legal age in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any other destructive code.
Any breach or violation of these General Terms of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL TERMS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The content of this site is provided for general information only and should not be your sole source of information for making decisions, without consulting more accurate, complete, or updated sources first. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, by nature, is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
For example, the size information (size guide) of the products provided on this site is for informational purposes only and cannot be considered contractual. Therefore, no refund can be made if the actual measurements differ from those indicated on the site, past the refund period as described in our return policy.
ARTICLE 4 – PRICING
The prices listed on the product sheets of the Site are in Euros (€) including VAT.
The Site reserves the right to modify its prices at any time, provided that the price in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include shipping fees, which are charged in addition to the price of the purchased products based on the total amount of the order.
In mainland France, for any order equal to or greater than 40 euros, shipping is free; for any order below 40 euros, a flat fee of 5 euros including VAT will be charged to the buyer for shipping costs.
We will not be liable to you or any third party for any price changes, suspension, or interruption of the Service.
Before any order, the buyer must create an account on the Site. The account creation section is accessible directly from the sidebar menu. Each time the buyer visits, if they wish to order or check their account (order status, profile, etc.), they must log in using this information. The Site allows the buyer to order and pay for their products in several steps, with three payment options to choose from:
- Bank Transfer: The buyer selects the products they wish to order in the “cart,” modifies if necessary (quantities, references, etc.), verifies the delivery address, or enters a new one. Then, shipping costs are calculated and presented to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: “Payment by bank transfer.” Finally, the last step allows them to review all information, acknowledge and accept these general terms of sale by checking the corresponding box, and then prompts them to confirm their order by clicking the “Confirm my order” button. This last click constitutes the definitive conclusion of the contract. Upon validation, the buyer receives an order confirmation receipt confirming the registration of their order. To finalize their payment and initiate the processing of their order, the buyer must contact their bank to execute the transfer corresponding to the amount of their order to NIGHTBUD’s bank account, the details of which will be provided to the buyer. Upon receipt of the transfer, the order will be processed, and the buyer will be notified by email. NIGHTBUD will ship the products no earlier than two business days after receiving the corresponding transfer, subject to availability.
- Secure Payment via Paypal or Credit Card (through the PAYPAL system): The buyer selects the products they wish to order in the “cart,” modifies if necessary (quantities, references, etc.), verifies the delivery address, or enters a new one. Then, shipping costs are calculated and presented to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: “Payment via Paypal.” The next step allows them to review all information, acknowledge and accept these general terms of sale by checking the corresponding box, and then prompts them to confirm their order by clicking the “Confirm my order” button. Finally, the buyer is redirected to the secure PAYPAL interface to securely enter their Paypal account or personal credit card details. If the payment is accepted, the order is registered, and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use, the buyer can request the cancellation of the card payment, and the amounts paid will be refunded. The liability of a credit card holder is not engaged if the disputed payment is proven to have been made fraudulently, remotely, without the physical use of their card. To obtain reimbursement of fraudulent charges and any bank fees that the transaction may have incurred, the cardholder must contest the charge in writing with their bank within 70 days of the transaction, or 120 days if the contract linking them to it provides for such. The amounts charged are refunded by the bank within a maximum of one month after receiving the written dispute from the cardholder. No fee for refunding the amounts may be charged to the cardholder.
Confirmation of an order entails acceptance of these terms of sale, acknowledgment of having read them thoroughly, and waiver of relying on one’s own purchase conditions. All data provided and the confirmation recorded will serve as proof of the transaction. If the buyer has an email address and has provided it on their order confirmation, NIGHTBUD will communicate the confirmation of the order registration via email.
If the buyer wishes to contact the Responsible Person, they can do so either by mail at the following address: NIGHTBUD 24 rue de la libération 88360 FERDRUPT; or by email at the following address: hello@night-bud.com.
ARTICLE 5 – RETENTION OF TITLE
The Site retains full ownership of the products sold until full payment of the price is received, including principal, fees, and taxes.
ARTICLE 6 – DELIVERY
We make every effort to get your order to you as quickly as possible.
Refer to the table below for the delivery time we offer:
Standard home delivery (tracked package, delivered without signature):
France, Belgium, Switzerland, Luxembourg: 7-14 business days
We use the delivery services of our various suppliers, and shipments may come from different continents, notably Europe, Asia, or North America, depending on product availability and order volume.
Upon receiving your order, you will receive an email confirming the delivery date.
If you are not available during the scheduled delivery, a notice will be left for you in your mailbox, and you will have to collect your package from the nearest relay point.
It is your responsibility to ensure that the delivery address you provided is accurate and valid. NIGHTBUD cannot be held liable for any delivery delays due to an incorrect address.
If the package is returned due to an incorrect address, NIGHTBUD will deduct the shipping fees incurred from the total amount to be refunded to the buyer.
ARTICLE 7 – WITHDRAWAL
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen days from the delivery of their order to exercise their right of withdrawal.
Our policy allows for returns within 30 days from the date of purchase, as outlined below.
After this period, we will unfortunately not be able to offer an exchange or refund.
To qualify for a return, your item must be unused and in the same condition as you received it. It must also be in the original packaging.
Items that cannot be returned: Gift cards
To make a return, you must provide us with a receipt or proof of purchase.
Refunds (if applicable)
Once we receive and inspect the returned item, we will send you an email to confirm that we have received it. We will also notify you of our decision regarding the approval or rejection of your refund request.
If your request is approved, your refund will be processed, and a credit will automatically be applied to your credit card or original payment method within 60 days of receiving your returned item.
Late or Missing Refunds (if applicable)
If you have not yet received your refund, please first check your bank account again.
Then, contact your credit card issuer, as there may be a delay before your refund is officially posted.
Next, contact your bank. There is often a processing time before a refund is posted.
If, after completing all these steps, you still have not received your refund, please contact us at hello@night-bud.com.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, please email us at hello@night-bud.com.
Shipping
You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. The shipment must be made via Mondial Relay.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are shipping an item over €75, you should consider using a tracking delivery service or purchasing shipping insurance. We do not guarantee that we will receive the item you return to us.
ARTICLE 8 – PRODUCTS
Some products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged according to our Return Policy.
We have done our best to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that the display of colors on your computer monitor will be accurate.
We reserve the right, but not the obligation, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any service or product offer made on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or other material you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing/shipping address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 10 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including the introduction of new tools and resources). Such new features and services will also be subject to these Terms of Service.
ARTICLE 11 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and will not have any liability or responsibility for any content, website, product, service, or other materials accessible from or through these third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those same third parties.
ARTICLE 12 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, to enter a contest), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain the confidentiality of any comments; (2) to pay compensation for any comments provided; (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, objectionable, or that infringes any intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, or contain any viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us and/or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 13 – PERSONAL INFORMATION
The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 14 – ERRORS, INACCURACIES, AND OMISSIONS
There may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges for products, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time and without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 15 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to encourage third parties to engage in illegal acts or to participate in them; (c) to violate any regional ordinance or any law, rule, or regulation at the international, federal, provincial, or state level; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, 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 be or could be used in a way that compromises the functionality or operation of the Service or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, domain spoof, extort information, scrape, crawl, or sweep the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee 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 or cancel the Service at any time without prior notice.
You expressly agree that your use of the Service, or your inability to use it, is at your own risk. The Service, as well as all products and services provided to you through the Service, are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title, and non-infringement.
NIGHTBUD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors cannot in any way be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to the loss of profits, revenues, savings, data, replacement costs, or any similar damages, whether based in contract, tort (even in negligence), strict liability, or otherwise, arising from your use of any service or product from this Service, or regarding any other claim in any way related to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NIGHTBUD, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your violation of these General Terms and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 18 – SEVERABILITY
If any provision of these General Terms and Conditions of Sale and Use is found to be unlawful, void, or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all remaining provisions.
ARTICLE 19 – TERMINATION
The obligations and responsibilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, at our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain responsible for all amounts due up to the date of termination (including that date), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 20 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use or any other policy or operating rule that we post on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any previous version of the General Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 21 – GOVERNING LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed and construed in accordance with the laws in effect at NIGHTBUD.
ARTICLE 22 – MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these General Terms and Conditions of Sale and Use by posting the updates and changes on our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site after the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 23 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to hello@night-bud.com.