Terms and Conditions

TERMS OF USE

NEPHITE NATION LLC a company registered in State of Montana, USA under registration number C1177559 with its registered address at 3172 N RAINBOW BLVD 11787 Las Vegas, NV 89101 (the “NEPHITE NATION”) is the provider of website nephitenation.com (the “Site”). These Terms of Use contain the terms and conditions governing the Site and the products made available through the Site. By using the Site, you expressly accept and agree to abide by all the terms and conditions contained herein. Do not use the Site if you do not accept and agree to these terms and conditions.

Contacting Us

Please submit any questions you have about these terms of use or an order you have placed or ordering in general by email to info@nephitenation.com between the hours of 9 am to 6 pm GMT, Monday to Friday. USA & rest of the world between the hours of 9 am to 6 pm EST, Monday to Friday.
or write to us at:

3172 N RAINBOW BLVD 11787 Las Vegas, NV 89101
Last updated: October 19, 2021

GENERAL
By accessing or using the site, you acknowledge that you have read and understand these terms of use, and that you accept and agree to be bound by these terms of use. If you do not agree to these terms of use or are otherwise dissatisfied with the site, please do not access or use the site.
NEPHITE NATION can update these Terms of Use at any time without notice to you, and any such changes will be effective upon publication on the Site.
Using certain features on the Site may require creating an account (“Account”) and submitting personal information (including email and password used to access the account).

PURCHASE OF PRODUCTS
Any order placed on the Site shall imply express acceptance of the Terms of Use and acceptance of the prices and Products available for sale on the Site. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms of Use neither NEPHITE NATION no the provider has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The products are owned and sold on the site by NEPHITE NATION attempts to be as accurate as possible in the description of the products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the site are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, NEPHITE NATION cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Site.

Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Checkout" button on the checkout page. All orders are subject to email confirmation by us.
In certain circumstances, before your order has been dispatched, we may be able to cancel your order. Please contact us as soon as possible after placing your order and Customer Service will advise if cancellation is available. Please note, we are unable to combine orders, change the size, edit your billing and shipping details or add pieces to an existing order once it has been placed. If your order cannot be cancelled it will be processed and, subject to being accepted by us.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order.

Product availability
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. In the event the Product is found unavailable after placing the order, NEPHITE NATION shall inform the Customer by e-mail as soon as possible, by offering another Product available on the Site as a replacement, or cancels order at no cost.

Pre-orders
All pre-order products have an estimated ship date, that indicates the date that the product will be shipped out from our warehouse, but these products may arrive sooner or later than specified. Credit cards are charged at the time of the pre-order. Estimated shipping date is published online. NEPHITE NATION is not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date.

Payment
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. The order will then be recorded and validated on acceptance of the payment by the banking service.

DELIVERY AND SHIPMENTS

Estimated shipping date is published online. You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site as specified on your order confirmation. Handling and shipping costs depend on the country and the total amount of the order. NEPHITE NATION cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, NEPHITE NATION cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, NEPHITE NATION shall be entitled to request that the Customer pay the corresponding fees for this second delivery.
In the event that it is impossible to deliver and if the product must be returned to NEPHITE NATION by the carrier, NEPHITE NATION will not make any new delivery.

RETURNS AND REFUNDS

Free returns are available for all full price items within 28 days of shipping and all sale items within 14 days of receipt, provided the return conditions specified below are met. Please note, refunds are exclusive of shipping cost. Request a return on nephitenation.com. Instructions are provided below.

Items returned must be in their unused original condition with all any related accessories or instruction booklets included.
Incomplete, damaged, worn, soiled or altered returns, or anything NEPHITE NATION reasonably believes has been used, will not be accepted and therefore sent back to the customer.
Your item must be in the original packaging.
Your item needs to have the receipt or proof of purchase.

Refunds will be credited to the original purchaser's method of payment. On receipt of a return, we will process the refund as soon as possible. We estimate refunds will be made by your payment method provider within 7-10 working days. If the item which you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as purchase. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.
The Terms of Use does not affect your statutory rights.

PRIVACY

We recommend that you read our privacy policy which explains our online privacy practices.

INTELLECTUAL PROPERTY

All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the NEPHITE NATION, the products depicted and/or available on the nephitenation.com and any accessories, stationery, packaging or ancillary items connected to such products, your order or the NEPHITE NATION (the "Intellectual Property Rights") are and shall remain the exclusive property of NEPHITE NATION and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.
The Customer acknowledges without reservations the intellectual property rights of NEPHITE NATION and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to NEPHITE NATION.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The NEPHITE NATION makes no representations or warranties of any kind, express or implied, as to the products included in nephitenation.com site nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, the provider disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non infringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation.

To the fullest extent permitted by law, in no event shall the company be liable for any direct, special, indirect, or consequential damages, or any other damages of whatever kind resulting from whatever cause, including, but not limited to, loss of use, loss of profits, loss of data, or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, the company’s sites. Nothing in these Terms of Use limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless NEPHITE NATION and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms and Conditions. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. NEPHITE NATION reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NEPHITE NATION in the defense of such matter.

FORCE MAJEURE

NEPHITE NATION shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of Montana, without regard to the principles of conflicts of laws.

NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name and address of the provider of the Platform is at:

NEPHITE NATION LLC
3172 N RAINBOW BLVD 11787 Las Vegas,
NV 89101 United States

Complaints regarding the Site or Content or requests to receive further information regarding use of the Site or Content may be sent to the above address or to info@nephitenation.com .
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.