TERMS & CONDITIONS
3. These Terms and Conditions may be amended at any time without notice to you. Your continued use of the Website following such amendment of these Terms and Conditions will represent an agreement by you to be bound by the Terms and Conditions as amended.
4. You agree to use the Website only for the purposes that are permitted by these Terms and Conditions and you agree that you will not engage in any activity that may interfere with or disrupt the Website, other users of the Website, or servers and/or networks that host the Website (this includes, but is not limited to, committing or encouraging a criminal offence, transmitting or distributing computer viruses, hacking into any aspect of this service, infringing upon the rights of any other persons, sending any unsolicited advertising or promotional material (commonly referred to as “spam”) or communicating in an offensive or obscene manner).
INTELLECTUAL PROPERTY RIGHTS
5. You agree that any intellectual property rights including, but not limited to, rights subsisting in graphics, logos, trademarks, distinctive brand features, designs, text, icons, data and images used on this Website are owned by the respective copyright holders and any reproduction or use in any manner is not permitted without express written consent and may violate copyright laws.
6. You agree that we are not responsible for the availability, content, advice, products or services provided by third party websites linked to the Website and you accept all risks associated with third party website use.
7. We do not endorse or recommend any products or services offered, or information or material contained, at any third party website. If you access, use, purchase or otherwise engage with a product or service offered by a third party website, you agree that we are not responsible for any matters which may arise in relation to this and that we will not be liable for any claim made in relation to your access of the third party website and any products or services offered by it.
CREATING AN ACCOUNT AND REGISTERED CUSTOMERS
8. You may create an account with us and use/access the Website as a registered customer. We reserve the right to suspend access rights to any user of the Website, including any account holder, who is found to:
a. Republish data obtained in connection with the Website on another website or in another medium;
b. Use data obtained in connection with the Website for commercial benefit, either directly or indirectly;
c. Send false, misleading or inappropriate messages, or create false or misleading orders;
d. Use any information for an unlawful purpose; or
e. Have breached these Terms and Conditions.
9. When you become an account holder you will be asked to establish a password. You are responsible for maintaining the security of this password. You are responsible for all actions and submissions originating for your account with us. If you become aware of any unauthorized use of your account you must notify us immediately at [email protected]
10. You may terminate your account with us at any time by contacting us at [email protected]
ORDERS AND DELIVERY
11. When placing an order you are offering to purchase a product subject to these Terms and Conditions. Orders are subject to availability and confirmation of the sales price. Dispatch times may vary and any guarantees or representations made as to the delivery times are subject to any delays resulting from postal delays for which we are not responsible. You must be over 18 years of age and possess a valid credit card, debit card or PayPal account. The Product must be paid in full at time of order.
12. We are not obliged to supply the product until we have accepted your order. If we do not accept your order we will grant you a store credit or a full refund.
13. We will use our best endeavours to ensure that all of the details on the Website are correct although errors may occur from time to time. If we discover an error we will inform you as soon as reasonably possible.
14. We will use our best endeavours to deliver your purchase as soon as reasonably possible after your order is accepted.
15. It is our aim that orders received by 1:00pm Australian Central Standard Time will be dispatched on the same day.
16. We use Australia Post Express Service or DHL for all deliveries within Australia. On dispatch of your order you will receive an e-mail with a delivery tracking number. Next day delivery is not guaranteed due to factors outside of our control.
17. We use Australia Post or DHL for international deliveries. Deliveries can only be made to a business or private street address. Deliveries are normally expected to arrive within 3 to 10 business days and may be subject to custom delays. On dispatch of your order you will receive an e-mail with a delivery tracking number. All applicable custom fees, taxes and duties are the sole responsibility of the customer.
18. If you change your mind about a full priced item which you have purchased in-store or online via the Website and wish to return it, you may request an exchange for another item or a store credit, provided that:
a. You provide us with a copy of the receipt for the item;
b. The item is unworn;
c. The item is in its original condition (not damaged or washed); and
d. You return the item within 7 days of purchase or delivery.
19. We do not offer refunds for change of mind returns.
20. For hygiene and safety reasons, the following items are not eligible for refund, exchange or store credit: lingerie, swimwear, shoes, hosiery, jewellery and accessories.
21. Discounted items, sale items and gift cards are not eligible for refund, exchange or store credit.
22. Returns will be accepted on any faulty or wrongly described merchandise within a reasonable timeframe. If an item is faulty or wrongly described you may request a refund, an exchange for another item, or a store credit.
23. Prior to returning your product, please send an e-mail to [email protected] to obtain a Return Authority Number. Please send items to Niki Belle Returns, Shop 3/185 The Parade, Norwood, SA 5067 Australia with your Return Authority Number clearly marked on the packaging.
24. We are not liable for the loss of an item which is being returned. Therefore, we recommend that you securely package and return the item using registered mail. We are also not responsible for any items that are returned to us by mistake or without a Return Authority Number.
25. This returns policy does not exclude or replace your rights under any applicable law.
26. From time to time we will offer promotional discount codes, which may apply in respect to any or certain specified purchases made through the Website. We reserve the right to end any promotion, sale or discount offers at any time.
27. All prices on the Website are displayed in Australian Dollars (AUD) and subject to GST. Prices may not include delivery charges and administration fees. Prices are subject to change without notice.
Disclaimer and Limitation of Liability
28. We make no warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included in or referred to on the Website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
29. You expressly agree that your use of the Website is at your own risk. You assume total responsibility for your use of the Website and any linked websites.
30. You agree not to hold us liable for any direct, indirect, special, incidental or consequential loss, damage, cost or expense arising from or in connection with use of or access to the Website or any linked website. You also agree to indemnify us from any claim, demand, cost and/or expense (including legal fees and costs) arising from or in connection with such use or access.
31. Subject to any rights and remedies to which you may be entitled under the consumer guarantee provisions of the Australian Consumer Law:
a. All guarantees, conditions and warranties expressed in or implied by any law, trade, custom, usage or otherwise in respect of transactions between you and us are expressly excluded;
b. We will have no liability whatsoever or howsoever arising for any loss or damage whatsoever or howsoever suffered by you in or in connection with any transaction between you and us;
c. In respect of goods or parts of goods not manufactured by us, the manufacturer’s guarantees and/or warranties (if any) will apply and any liability on our part will not exceed the manufacturer’s liability;
d. In respect of goods and/or services not ordinarily acquired for personal, domestic or household use or consumption, any liability on our part is limited to (in respect of goods) the repair of the goods or the supply of replacement goods and (in respect of services) the supplying of the services again;
e. Any liability on our part for any loss or damage suffered by you will be reduced to the extent that you have caused or contributed to the loss or damage; and
f. Any liability on our part will not in any event exceed the total dollar amount of the particular goods and/or services supplied by us to you.