Refund Policy

Conditions of Sales for nightowlvegan.com and Night Owl Vegan’s Services and Products.

 

 

Conditions of Sales: General

Thank you for choosing to do business on our website (“site”) of Night Owl Vegan (“we”, “us”, “our” “Night Owl Vegan” or “NOV”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).

We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date.  If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. If you have unsubscribed to our email list, it is your responsibility to familiarize yourself with any updates of all terms and links associated with this site. Our email system does not allow us to send emails to anyone that has not agrees to receive emails. Your use of our Site and the products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the site or order, receive or use the Products.

Our Site is only intended for use by people resident in the USA.

We do not accept orders from individuals outside the USA.

Products listed on our Website are subject to availability. If we cannot supply you with the Product(s) you ordered, we will not process your order and will inform you of this in writing (including email). If you have already paid for the Product or service, we will refund you in full as soon as reasonably possible.

Your eligibility for use of purchase

We reserve the right to refuse service to anyone for any reason at any time.

By placing an order through our Website, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are a resident in the USA;

(d) You are accessing our site from the USA.

(e) You have not been previously suspended or removed from the services, or engaged in any activity that could result in suspension or removal from the service

(f) You do not have more than one Night Owl Vegan’s Account, and

(g) You have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Account Holder

Some of the features on our Site may require you to create an account. It is your responsibility to keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account including all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you acknowledge that all the information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. By using this Site you understand and agree that you may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at info@nightowlvegan.comand to change your password. You may not transfer your account to anyone else without our prior written permission.

Nutrition & Allergy Disclaimer & Liability Waiver

It is recommended and highly encouraged to always consult your doctor before making any changes to your health regime–including starting on a Night Owl Vegan meal plan or using Night Owl Vegan Products.
By using our products, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.

We do not claim our meal program or products will alleviate, heal or cure any health condition or symptom. The content of this Site and any product Night Owl Vegan offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Night Owl Vegan should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Night Owl Vegan on this Site and our programs or future programs and products have not been evaluated by the Food and Drug Administration.

Our program is not intended for people with severe allergies. Our shared kitchen facilities process and regularly use nuts, tree nuts, soy, wheat and mushrooms. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.

 

Special Discounts & Sales

Occasionally, Night Owl Vegan my offer you and/or awarded with or receive “rewards,” “promotional” gift cards, “credits”, “vouchers” or similar physical or electronic promotions that are provided free with a purchase, distributed as a reward, incentive, as part of a marketing, promotional or customer loyalty program or otherwise (collectively, “promotions”). All terms and conditions that are affixed to or otherwise provided in connection with such promotions shall apply, including any expiration dates, delayed activation dates or any other additional conditions, restrictions or exemptions as provided on the promotions themselves or any packaging or other written materials that accompany such promotions or any applicable law. To the extent not provided in connection with such terms and conditions, the Gift Card Terms shall apply to such promotional card.

Payment and Billing Information

Payment is due upon purchasing your Night Owl Vegan Product or program. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended, cancelled and unfulfilled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Night Owl Vegan Account, you can do so at any time by logging into your Account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your Plan or changes in applicable taxes or other charges, including shipping and handling, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a meal program subscription, you acknowledge and authorize Night Owl Vegan to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
At this time, we use third-party payment processors to bill you through a payment account linked to your Account on the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processors in addition to these Terms. Currently, we use Paypal payments. Paypal’s Terms of Service and their Privacy Policy is located on their website. We are not responsible for any error by, or other acts or omissions of, any third party payment processor. We reserve the right to correct any errors or mistakes that the payment processor makes even if it has already requested or received payment.

Price

In the event, a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Night Owl Vegan and associated services shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Night Owl Vegan and affiliates shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If your credit card has already been charged for the purchase and your order is canceled, Night Owl Vegan and affiliates shall issue a credit to your credit card account in the amount of the incorrect price.

Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made through the Night Owl Vegan Website or any direct affiliating and relating websites. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.

Delivery & Pick-Up Disclaimer

Night Owl Vegan is not responsible for failed deliveries due to incorrect or incomplete addresses.
To receive a delivery, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive deliveries to a business address. All Night Owl Vegan’s meals should be kept refrigerated until consumed and freshness cannot be guaranteed past the 5th day from receipt. It is up to the client to maintain freshness once received. Depending on the season and temperature in your area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. It’s important to place your meals in the refrigerator when you receive them. By purchasing the Night Owl Vegan’s meal prep service delivery program, you agree to properly and promptly refrigerate all meals until you are ready to eat them. Since all of our food is fresh (and preservative-free, etc.), it will go bad if not properly stored and refrigerated. Night Owl Vegan’s is not responsible for any food that has not been properly and promptly refrigerated after delivery. You may provide additional delivery instructions when setting up your account or placing your order, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery on your behalf. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We will do our best to deliver your meals to you in accordance with your specifications. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, our team will leave your package according to your delivery instructions or in the safest available spot. All meals will be stored in our returnable insulated cooler or insulated bag with ice pack unless stated otherwise. All coolers are to be returned by leaving them on your porch prior to your next delivery. If you are not a weekly client, we will make arrangements to pick up the cooler bag. If there are no specific delivery instructions, no safe available spot and we are unable to reach you at the time of delivery, we reserve the right to cancel your order and no refund will be issued. Night Owl Vegan’s is not responsible for replacing packages once delivered, in the event that you are not home and the delivery is taken.

In the case of inclement weather, supply chain disruptions or other events beyond our reasonable control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Products is not feasible, as determined in our sole discretion, we may cancel your delivery and issue you a credit or refund of the purchase price for that delivery.

Once the delivery has been made, we are no longer responsible for any damage to the delivery or for the security of its contents. You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you think the contents are not suitable for consumption or have been tampered with, please provide visual documentation and let us know as soon as possible so we can find a more suitable arrangement for the next delivery. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate or freeze all perishable items upon receipt of delivery.

Night Owl Vegan is not responsible for damage or loss of personal property during deliveries if evidence of misconduct by Night Owl Vegan or its delivery personnel cannot be provided.

It is your responsibility to provide us with the most accurate address and contact information for your delivery.

All orders placed on the site should either be for pick-up or delivered within our delivery zones. We do not accept changes for delivery addresses/locations on the day of delivery or while drivers are in route.

Pick-up Procedure & Policy

All pick-up orders are expected to be picked up on the day of operation which is every Monday, unless otherwise communicated to Night Owl Vegan directly. You will be notified once your order is ready for pick-up (typically between 5:30pm to 7:30pm every Monday). Orders may be kept within our premises for maximum of one (1) day- post day of operation (due to special circumstances communicated to Night Owl Vegan directly, however, after that, unclaimed items will be discarded or donated due to lack of refrigeration/space. Night Owl Vegan can not guarantee orders beyond the specified time frame. If we have made multiple attempts to reach you in regards to picking up your order and we are unsuccessful, full or partial refunds or store-credit will not be issued for failure to retrieve your order in the specified time-frame.

Refunds

We truly appreciate your business and trusting us to serve you, however, since our products are handcrafted and made to order with fresh ingredients, we cannot accept returns. All meal prep sales are final. If a product arrives damaged or you have concerns, please contact us immediately following delivery at info@nightowlkitchen.com.

Depending on the circumstances, we may, in our sole discretion, replace the meal or products, provide you with a full or partial refund for the purchase price of that meal or products, or provide you with a credit for that meal or product that will be automatically applied to future deliveries under your meal program subscription or agreement. In the event we offer an accommodation, we may require a return of the Product(s), photographic documentation or other information for quality control or other purposes, prior to providing an accommodation. If issued, a refund may take 3-5 business days to show up, depending on which bank you use. If you are provided with a credit for a future service, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please contact us at info@nightowlvegan.com for assistance.

However, unless we failed to deliver the products in your order to the address provided and if we were unable to contact you at the time of delivery, we assume no obligation to provide an accommodation. Refunds will not be issued for delays that are the result of factors outside Night Owl Vegan’s control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and the number of meals canceled will be automatically refunded or added to future services. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement. 

If you are purchasing any other products off our site besides meal prep services: 

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at info@nightowlvegan.com. 

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at info@nightowlvegan.com.

Damages and issues

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items

Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants) or custom products (such as special orders or personalized items). If you have an issue with our meal

Unfortunately, we cannot accept returns on sale items or gift cards.

Exchanges

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your return, please contact us at info@nightowlvegan.com.

Weather & Traffic Allowances

With delivery, we do their best to get your food to you on time so you may enjoy it at its freshest. If we run into delays due to weather, traffic, and other factors that are outside of their control. We cannot guarantee delivery within your selected time slot.
In instances of inclement weather, we reserve the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible and your meal service will be automatically extended by the number of days cancelled. If this does not suit your schedule, please let us know and we will do our best to find a better arrangement.
As both traffic and weather are outside of Night Owl Vegan’s control, cash refunds will not be issued for affected orders.