Terms Of Sale

Date of Last Revision: JUNE 2023

TERMS OF SALE 

 

THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF NEW LIFE VAULT (NLV) PRODUCTS, FROM THE NLV WEBSITE IN THE UNITED STATES. WE DO NOT SALE OUTSIDE THE COUNTRY OF UNITED STATES. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO NLV WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING ON THE NEW LIFE PLATFORM PURCHASING ANY NLV PRODUCT FROM NLV IN THE UNITED STATES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO  THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING IN OUR RETAIL STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW. You are SUBJECT to these TERMS AND MAY PURCHASE NLV PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.

APPLICABILITY

These Terms of Sale (“Terms of Sale” or “Terms”) apply to your shopping, orders, purchases, and returns at NLV-owned brick and mortar retail stores (each a “Retail Store”), and NLV-owned digital stores that enable consumer purchases through NLVault.com, NLV website (each a “Digital Store”). The Digital Stores are collectively referred to in these Terms of Sale as “NLV Stores”. These Terms of Sale create a legally binding agreement between you and NLV Retail Services, Inc. (which we may refer to as “NLV,” “we,” “us,” or “our”) with its headquarters and principal place of business at 607 Shelby, Suite 700-1385, Detroit MI, 48226 NLV may revise these Terms of Sale at any time.  The current Terms of Sale will be posted at NLVault.com.  The Terms of Sale posted at the time you purchase products at a NLV Store will govern that purchase. 

PURCHASING PRODUCTS

NO PURCHASE FOR RESALE

NLV Stores, including any consumer rights or policies offered in NLV Website, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party).  If NLV determines that a purchase or order is intended for resale, NLV.

reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any NLV policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any NIKE Store, and/or suspend or close any account.  

HOW TO PURCHASE– DIGITAL STORES

To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes designing customized items, adding items to your shopping bag and submitting your order. 

When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”).  Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product. 

OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER

Sale of products and fulfillment of all orders at a NLV Website is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

  • an Event Outside Our Control (as defined below);
  • the product you seek to purchase is not available or in stock;
  • your address, billing information or form of payment is incorrect or cannot be verified;
  • your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
  • there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
  • your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
  • your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
  • your account and/or purchase history shows an excessively high volume of returns;
  • there is evidence that you are not eligible to make purchases; or
  • in the event of misspelling, pricing or other errors or mistakes at the NLV Store(s) where you wish to order or purchase.

NLV will determine whether any of the above events have occurred in its sole discretion.

 

TITLE TRANSFER & RISK OF LOSS

With the exception of products purchased or picked up at NLV Website, title and risk of loss for products purchased from NLV pass to you upon our delivery to the carrier.  Title and risk of loss for products purchased online and picked up at NLV Retail Stores or directly purchased at NLV Retail stores will pass to you upon your authorized receipt of those products.  Title to product(s) will not transfer until full payment has been received.

 

INDEMNIFICATION AND RELEASE

To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless NLV Retail Services Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “NLV Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any NLV Store or with other NLV Website users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NLV Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any NLV Store or with other NLV Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. 

 

LIMITATION OF LIABILITY

These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF NLV STORES.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO  THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO NLV FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE NLV PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR:  ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A NLV WEBSITE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A NLV WEBSITE; OR FOR THE CONDUCT OF NLV WEBSITE USERS OR CONSUMERS;  OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A NLV WEBSITE, EVEN IF NLV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO NLV WEBSITE. YOUR ONLY REMEDY AGAINST NLV IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE NLV WEBSITE OR ANY CONTENT IS TO STOP USING OR ACCESSING NLV WEBSITES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT NLV’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

 

DISCLAIMER OF WARRANTY

NLV PROVIDES ACCESS TO NLV WEBSITE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) NLV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. NLV FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) NLV DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT NLV WEBSITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY NLV AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.

PAYMENT METHODS

We accept several payment methods at check out at NLV Website. You can find the list of acceptable payment methods at Digital Stores. Acceptable payments in Retail Stores are described at the register.  Redemption/use of NLV gift cards to purchase products is subject to the NLV Gift Cards. Please do not try to pay using any payment method not posted at the NLV Website. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action. 

PAYMENT PROCESSING

With the exception of built-to-order products (e.g. pre-order products and customized products) (“NLV By You”), if you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an order. Once your order ships, we will deduct the pre-authorized amount from your account. 

PRICES AND CURRENCY

The product prices displayed on products, packaging, signage, or otherwise posted within the NLV Store do not include sales tax. Shipping rates are applied per order.

Prices are quoted and exclusively payable in US dollars. 

The prices of the products will be as displayed in the NLV Store. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation. 

DISCLAIMER: WE ONLY SALE IN USA, AND USE THE US DOLLAR CURRENCY

YOUR TOTAL PRICE

The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency. 

If your local currency is not in US dollars, your bank or credit card issuer will apply exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control. 

 

 

EVENTS OUTSIDE OUR CONTROL

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control. 

Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.