TERMS OF USE
Last Updated: October 27, 2020
These Terms of Use govern your use of the website located at www.blackballNLB.com (collectively, the “Site”) and any other website, microsite, mobile device application, or Internet property owned, or operated by us on which these Terms of Use reside. We refer to the Site and these other properties collectively as the "Properties.” The Properties are made available to you by Black Ball, NLB, LLC, as more particularly detailed below in the section headed Orders for Products and Services. These Properties are intended for and applicable only for users age 18 or older. If you are under 18 years of age, you may not use the Properties. By accessing the Properties in any way, including, without limitation, browsing the Properties, using any information, and/or submitting information to Black Ball, NLB, LLC, you agree to and are bound by these Terms of Use, including, but not limited to, arbitrating disputes, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations (where applicable), and a choice of Illinois law.
‍
From time to time we may update the Properties and these Terms of Use. Your use of the Properties after we post any changes to these Terms of Use constitutes your agreement to those changes. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. Black Ball, NLB, LLC may, in its sole discretion, and at any time, discontinue the Properties or any part thereof, with or without notice, or may prevent your use of the Properties with or without notice to you. You agree that you do not have any rights in the Properties and that Black Ball, NLB, LLC will have no liability to you if the Properties are discontinued or your ability to access the Properties, or any content you may have posted on the Properties, is terminated. We take your privacy very seriously. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Properties constitutes agreement to our Privacy Policy as well.

RIGHTS IN MATERIALS
As between you and BLACK BALL, NLB, LLC, BLACK BALL, NLB, LLC owns the Properties, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Properties, and the look and feel, design and organization of the Properties. This includes all intellectual property and proprietary rights in these materials. When you use or download the Properties you do not acquire any ownership of any such content, code, data, or materials.
‍
The Properties are only for your personal, non-commercial use. You may not make any commercial use of the Properties, or any content, code, data, or materials on the Properties, unless you have received our prior written permission.

TRADEMARKS
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Properties are registered and unregistered Trademarks of BLACK BALL, NLB, LLC or its affiliates (or other rights holders) and may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits BLACK BALL, NLB, LLC or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Properties without our prior written permission. We will fully enforce our rights in our Trademarks of the law, including Seeking criminal prosecution.

TERMINATION
BLACK BALL, NLB, LLC may change, suspend or discontinue any aspect of the Properties or the Properties’ services at any time. If you violate any of these Terms of Use, your permission to use the Properties automatically terminates.

CHANGES TO TERMS OF USE
BLACK BALL, NLB, LLC may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Properties.

FEEDBACK
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback, whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

TERMS OF SALE
PLEASE READ THESE TERMS OF SALE (THE “TERMS OF SALE”) CAREFULLY BEFORE PLACING AN ORDER WITH US FOR A PURCHASE OF A PRODUCT OR SERVICE. These Terms of Sale incorporate by reference the above Terms of Use and our Privacy Policy, and any capitalized terms in those agreements shall have the same meaning here. These Terms of Sale (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these Terms of Sale) set out the legal terms that apply to your purchase of products via The Properties from Black Ball, NLB, LLC and their affiliates and the services provided by us and our service providers.

Your purchase of any of the products offered on the Properties (“Products”) is subject to these Terms of Sale and by placing an order for any Product you agree to be bound by them. Use of your personal information submitted to or via the Properties is governed by our Privacy Policy.

From time to time we may update these Terms of Sale. Your use of the Properties and purchase of any product after we post any changes constitutes your agreement to those changes.

ORDERS FOR PRODUCTS AND SERVICES
You may only order products if you are 18 years old or older. If you place an order, you promise that you are 18 years old or older. If you wish to purchase any product or service made available through the Properties, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You agree to pay in full the prices for any purchases at the time of your online order by using any payment means acceptable to BLACK BALL, NLB, LLC and its service providers, as applicable. You agree to pay all applicable taxes. If payment is not received by us or our service providers from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or our service providers.
‍
You accept and agree that your use of the Properties is for your personal use only.

PRODUCT INFORMATION
We have made every effort to display our products and their colors as accurately as possible. However, the displayed colors of the products will depend upon the technical specifications and settings of the computer and monitor of the user, and we do not guarantee that the actual colors of the products will be accurately displayed on the user’s monitor. Products displayed may be out-of-stock, discontinued or otherwise unavailable, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter, and we cannot guarantee that any descriptions are totally accurate, complete, reliable, or error-free. The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes.

ORDERING AND AVAILABILITY
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 "Place Order" button on the checkout page.
‍
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. You do, however, acknowledge that by clicking on the "Place Order" button, you enter an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (“Confirmation”). The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you the confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
‍
The Contract will relate only to the Product(s) whose dispatch we have confirmed in the confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate confirmation.

DELIVERY
Your order will be fulfilled by the delivery date set out in the confirmation or, if no delivery date is specified, then within 30 days after the date of the confirmation, unless there are exceptional circumstances.
‍
Your order will be delivered to the delivery address you specify when placing your order.
‍
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country, including any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
‍
Products comprised within the same order cannot be delivered to different addresses.
‍
Deliveries are made by our trusted courier and take place on Monday to Saturday (or other normal working week days in countries that do not follow a Monday-Friday working week), excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
‍
If you order Product(s) for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. If you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.
‍
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
‍
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery or collection.  Ownership of the Product(s) ordered will also pass to you on delivery or collection, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

PRICE AND PAYMENT
The price of Products is as quoted on the Properties from time to time.
‍
Prices include value-added tax (where applicable) but exclude delivery costs and other taxes, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
‍
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation.
The Properties contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Properties may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Properties, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
‍
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 and Pay Pal.
‍
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 authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
‍
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.

RETURNS AND EXCHANGES
If you are not satisfied with your order for any reason, we will accept the return of items that are in new, unused condition, with original tags attached and all original packaging and other components included, when accompanied by an original Black Ball receipt/invoice or gift receipt. Returned items must not be washed, worn or altered. We do not accept returns of swimwear, underwear, custom-made, face masks, engraved, or personalized items or Clearance items.

Credit for your returned item(s) will be refunded back to your account in the same form of payment used to purchase the item(s). The credit should appear on your next statement. You should receive an email confirming the completion of return processing.
‍
All returns of online orders must be returned within 45 days from the day the order was shipped.

RETURNS
To return or exchange by mail, please follow these instructions:
‍
Complete the required information on the packing slip included with your package. Securely pack your merchandise, making sure to include all pages of the packing slip. Please try to use the original shipping box and materials.
‍
Affix the pre-addressed and pre-paid return label to your return package. For purchases made on BlackballNLB.com, mail your return package at any US Postal Service office, drop box, residential mailbox, or visit USPS.com to schedule a free pick up.
‍
EXCHANGES
All exchanges of online orders must occur within 45 days from the day the order was shipped. You will need to present your packing slip at the time of exchange.  Exchanges are subject to inventory availability upon receipt of the exchanged item. NOTE: Eligible merchandise purchased on BlackBallNLB.com using PayPay may be returned for a merchandise credit.

RETURNING A GIFT
Gifts purchased online can be returned by mail or when accompanied by the gift receipt or original packing slip. To return by mail, please email a customer service representative to obtain a prepaid shipping label at help@blackballNLB.com. For merchandise returned with a gift receipt only, you will receive a merchandise credit that will be issued in the form of a Black Ball NLB, LLC (if you return by mail).

FINAL SALE ITEMS
All personalized merchandise, swimwear, undergarments, monogrammed jewelry, and Clearance items are FINAL SALE and are not eligible for return or exchange.

FAULTY PRODUCTS
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address, and order reference. Nothing in this section affects your legal rights.

CONTACTING US
Please submit any questions you have about these Terms and Conditions or an order you have placed (or ordering in general) by email to help@blackballnlb.com. In the subject line, please indicate your purchase order number. We will provide a response within 48 hours.