TERMS OF SERVICE - NUBIAN IMPULSE & CO
EFFECTIVE DATE: March 1, 2017
Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, Twitter™, Youtube™ and Instagram™, Nubian Impulse Co. (“Nubian Impulse,” “We,” “Us,” “Our”) makes available a variety of media, cultural and spiritual fashion-forward clothing, products and accessories on retail basis (the “Service(s)”) in exchange for payment by you.
These Terms constitute the entire Agreement between you and Nubian Impulse and govern your use of the Website, and they supersede any prior agreements between you and Nubian Impulse.
Please read these Terms carefully before using our Service.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that you:
have read these Terms,
understand these Terms, and
accept and agree to be bound by them.
If you disagree with these Terms, please do not use the Services or Our Website. If at any time you are not willing to be bound by these terms, you should, where applicable:
click the “I do not accept” or similar button, and
immediately cease and refrain from accessing or using the Services.
Nubian Impulse wants you to be satisfied with your purchases from this Website. Eligible items may be returned to Nubian Impulse in accordance with any Return Policy posted on this Website.
2) PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.
3) INTELLECTUAL PROPERTY
a) Property of Nubian Impulse
The contents of the Services, including the Website and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Nubian Impulse, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
By accepting these Terms, you further acknowledge and agree that we and any of our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of our services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that we use in connection with the Services are marks owned by us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.
b) User-generated Content
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you
(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #NUBIANIMPULSE or any other Nubian Impulse promoted hashtag (collectively “User Content”) shall be deemed non-confidential and nonproprietary.
By submitting or posting any User Content, you grant to Nubian Impulse and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce.
OUR RETURN POLICY
If you are unhappy with your purchase, please send it back to our distribution center within 30 days of the delivery date with a completed return slip. Please make sure to specify order number(s) on the return slip so we can ensure your credit is accurate. Please note: Nubian Impulse body products cannot be returned. All merchandise returns must be unworn, unwashed, and still, have the original tags attached. We are happy to issue you a refund in the form of a Nubian Impulse E-Gift Card for use on a future purchase on nubianImpulse.com/shop . E-Gift Cards never expire! If you choose to make a return, you will receive a e-store credit to use on our site.
Helpful Hint: if returning by mail, we suggest using USPS flat rate shipping for convenience. You will be responsible for covering shipping costs to return items and shipping charges must be prepaid.
Returned items must be unworn and unwashed (free of any stains from makeup, deodorant, or wear) with all Nubian Impulse and product tags attached. Defective items must be reported within 2 days of receipt. If not reported, we will not issue credit. If you believe you have received an incorrect item, please contact us within 24 hours of receiving your package.
Merchandise purchased online can be returned via mail to our distribution center. We recommend shipping packages back using USPS Flat Rate shipping with a tracking number, as we are not responsible for lost packages or stolen packages. Without proof of receipt and delivery, Nubian Impulse will not issue return credit.
Please note that original shipping fees are non-refundable and return shipping costs are the customer's responsibility. Nubian Impulse does not provide return shipping labels. A restocking fee will be assessed on orders that are refused by the customer at the time of delivery or returned due to an "un-deliverable" address.
Reserved Rights Regarding Returns
Nubian Impulse reserves the right to solely define and limit, refuse, and/or reject returns from customers at any time due to:
An irregular or excessive returns history indicative of “wardrobing;”
An irregular or excessive returns history involving worn, altered, laundered, damaged, or missing items; or,
Potential fraudulent or criminal activity.
Similarly, Nubian Impulse reserves the right to refuse service to any customer or entity, due to similar actions as noted above.
Non-Nubian Impulse items sent to our distribution center will be discarded upon receipt.
SHIP ALL RETURNS TO OUR DISTRIBUTION CENTER**
Nubian Impulse & Co
7150 Upland St Suite #2
Pittsburgh, PA 15208
Final Sale Items
All items ending in $.96, $.97, $.98 are considered “Final Sale” and cannot be returned for store credit. Additionally, cosmetics & beauty products, bodysuits, swimsuits, and/or undergarments are non-returnable. In the event of an unauthorized return, Nubian Impulse reserves the right to apply a 50% restocking fee for bodysuits, swimsuits, undergarments, or final sale items.
Store credit via E-Gift Card for your returned item(s) will be processed once they are received at our distribution center. Please allow 5-7 days to process your return once it is received into our distribution center. Your E-gift card covers the original purchase price and tax if applicable. Fashion Nova does not credit original shipping charges.
What types of information do we collect?
We receive, collect, and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information, and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
Why do we collect information?
We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.
How do we store, use, and disclose site information?
Our company is hosted on the Wix.com platform. Wix.com provides us with an online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases, and general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
How do we communicate with our site visitors?
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes, we may contact you via email, telephone, text messages, and postal mail.