Terms & Conditions

Terms & Conditions

Please read our terms and conditions carefully. By purchasing products from this website we will assume that you have understood and accepted them. These terms and conditions (“Terms of Use”) are in addition to our privacy policy and our returns policy. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.

Terms of Service

These Terms of Use apply to the purchasing of goods from Nite International Limited available through nitewatches.com (the “Services”). These “Terms of Use” govern the relationship between you (the consumer) and us when you access and use the Services (the “Agreement”). By placing an order via our website (www.nitewatches.com), you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and 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. Please see our Delivery information below for further information.

In order to contract with Nite International Limited you must be over 18 years of age. Nite International Limited retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card, or bank account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of international products and services may fluctuate. All prices advertised are subject to such changes.

This website and any mobile application (collectively, this "Site") is owned by Nite International Ltd ("We", "Us" or "Nite Watches"). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for, or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for, or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at PRIVACY POLICY. Please review our Privacy Policy for information on how We collect, use, and share information about our users.

Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each

time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication
When you use this Site or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail, SMS, or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures, and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content
This Site may include features and functionality ("Interactive Features") that allow users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics, or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that displays describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and

Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
remove any copyright, trademark or other proprietary rights notice contained in or on the Site; use any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion of this Site;
collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
reformat or frame any portion of any Web pages that are part of this Site;
create user accounts by automated means or under false or fraudulent pretenses;

create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site;
submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;

transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on this Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal, or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets, or other proprietary rights.

Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment methods acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other method. If the card (or other methods) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically. All returns are governed by our Return Policy, which can be found at REFUND POLICY. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents,

partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities, and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that We shall have the right to control the defense or settlement of any third party Claims.

Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site is provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

The exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable returns and exchange policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right

or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.

Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries
These Terms are for the benefit of and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, by SMS, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement between you and Us regarding the use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at www.nitewatches.com/pages/privacy-cookie-policies and any notices regarding the Site.

Questions
Questions regarding these Terms, Our Privacy Policy, or other policy-related material can be directed to our support staff by emailing us at datacontroller@nitewatches.com

About Nite International

The Services are provided to You by Nite International Limited. Any reference to “You” or “Your”, means you as user of our Services, any reference to “we”,”us”,”our” or “Nite” is to Nite International Limited. Nite International Limited is a company registered in England & Wales with registered office at Unit 14 Silver Business Park, Airfield Way, Christchurch, Dorset, BH23 3TA, United Kingdom, Company No. 7054818.VAT Registration: GB 928820110. You can contact Nite International Limited on +44 (0)1202 487757 or by email at theteam@nitewatches.com

About You

You confirm that You are over 18 and the valid holder and owner of any credit or debit card used during Services. We reserve the right to refuse your order at our discretion.

Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Nite International Limited retain the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements.

Pricing & Availability

Whilst we make every effort to ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Grand Total’ field at the checkout.
We will only charge you the price stated at the checkout. However, international orders may incur bank fees from your provider. We recommend you contact your bank to confirm whether you may incur a foreign transaction fee prior to purchase. Nite Watches will not refund any fees charged to your account by your bank.

The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

Promotional Codes and vouchers.

We may from time to time at our sole discretion provide codes which may be used by you to receive a discount (Promotional Codes) by way of money or percentages off certain products or the value of your shopping basket.

Promotional Codes:
(i) may only be used on full price products and cannot be used in conjunction with any other discount, offer or rewards points and do not apply to any Custom, Sale or Clearance, Nearly New or Special Order items;
(ii) excludes watch servicing and repairs, and does not apply to postage and shipping charges;
(iii) state the amount of discount to be applied and may be subject to a minimum purchase value;
(iv) will only be valid during the dates specified on the Promotional Code;
(v) may only be used once;
(vi) when provided to you, cannot be transferred to another person and must not be resold by you; and
(vii) are subject to any other rules specified in relation to the promotion.

Order Process

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

When placing an order, you must provide a valid e-mail address and contact telephone number. Failure to provide this information will lead to the cancellation of your order.

When you purchase Products from our Website, and you have pressed the “Place Order” button we shall confirm your Order via email and assign you with an order number via email to confirm your purchase. This email is NOT an acceptance of your Order, just a confirmation that we have received it (“Order Confirmation”). The Order Confirmation will confirm the following: a description of the Products ordered; the total price of the goods; the applicable delivery charges.

The contract between us will only be formed when we send you the “Dispatch Confirmation”. The Dispatch Confirmation is the email that we send to you when we have accepted your Order and it will be sent to you on dispatch to you of your Order (unless we have been unable to fulfill your Order or if you have cancelled the Order beforehand).

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order.

Delivery

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee your computer screen will accurately reflect the actual colour of the Products. Your Products may vary slightly from those images.
The packaging of the Products may vary from that shown on images on our site.

We encourage you to contact us at theteam@nitewatches.com to discuss any concerns or reservations you may have in relation to this so we can advise accordingly.

UK Europe Rest of World
Fixings - Free Fixings - £4.95 Fixings - £4.95
Straps - Free Straps - £7.95 Straps - £7.95
Watches - Free Watches - £20 Watches - £20

Returns Policy

UK mainland

If your watch is within the 28 day returns guarantee period then you can return your order to us free of charge for an exchange or full refund. Simply contact us via theteam@nitewatches.com to notify us of your intent to return the product.
Nearly new watches, straps, merchandise and spare part items are excluded from our free returns

All return periods being from the date you receive the goods. Items which have been worn or display signs of wear are unable to be returned for a full refund – this does not affect your statutory rights.

Customised watches are excluded from our returns policy and deposit payments are non-refundable.

If you would like to return your purchase for an exchange then we will send your replacement to the original delivery address.

Any refund will automatically be issued to the payment method you used to place your original order. This typically takes 3 – 10 working days depending on your payment method issuer.

Return address: Nite Watches, Unit 14 Silver Business Park, Airfield Way, Christchurch, Dorset, BH23 3TA, United Kingdom

Outside UK mainland

If your watch is within the 28 day returns guarantee period then you can return your order to us for an exchange or full refund.

All return periods being from the date you receive the goods. Items which have been worn or display signs of wear are unable to be returned for a full refund – this does not affect your statutory rights.

Customised watches are excluded from our returns policy and deposit payments are non-refundable.

We recommend that Item(s) being returned should be sent using a registered and insured postal service such as Royal Mail Special Delivery.

If you would like to return your purchase for an exchange then we will send your replacement to the original delivery address.

Any refund will automatically be issued to the payment method you used to place your original order. This typically takes 5 – 10 working days depending on your payment method issuer.

Return address: Nite Watches, Unit 14 Silver Business Park, Airfield Way, Christchurch, Dorset, BH23 3TA, United Kingdom