TERMS AND CONDITIONS
1. User agreement
- By using:
(a) the Nundle.com website and any of its associated services and functionality; or
(b) the Nundle.com mobile application,
(in each case, the “Website”) you signify your agreement to be bound by these terms and conditions (“Agreement”). Please read this Agreement carefully before using the Website.
- This Agreement is formed between you and Nundle Woollen Mill Pty Ltd (referred to in this Agreement as “We”, “Us” and “Our”).
- Anyone who uses the Website is referred to in this Agreement as “you” and “your”.
- If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
- You do not need to be a registered member to make orders and access some features of the Website.
- When registering and activating your account, you will provide us with personal information such as your name and address, and a valid email address. You must ensure this information is accurate and current.
3. User Representations
- You represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you possess the legal right and ability to enter into a legally binding agreement with us; and
(c) you will use the Website in accordance with this Agreement.
4. Your Use of the Website
- The only authorised access point to the Website is via https://www.nundle.com and its associated mobile application. We will not be responsible in any way for access outside these access points.
- You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
- You must not (or attempt to): (a) access any part of the Website by any means other than through the interface provided by us;
(b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(c) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(d) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
- You must not use another member’s account without our, and/or the other user’s, express permission.
- If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5. Termination of Services
- We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice.
- We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account.
- We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.
6. Changes to the Website
- We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
7. Information on this Website
- Information about products on the Website is based on material provided by suppliers and product manufacturers.
- You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
- You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
- Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
8. Disclaimer and Liability
- We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
- Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from your access to or use of the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(g) the quality of any product or service of any linked sites.
- We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
- Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
- Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- Except as required by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
- You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
10. Placing Orders
- Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.
- Orders placed by you are offers to purchase particular products under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
- Products in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
- To the extent permitted by law we reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
- You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in clause 18. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
- In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any other loss, such as any additional costs associated with you purchasing the product from another retailer at a higher price (including delivery and other charges).
11. Price, Payment and Use of Discount/Coupon Codes
- The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
- Prices are current at the time of display but are subject to change.
- All payments must be received in full prior to dispatch.
- If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
- Discount/coupon codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
12. Supply and Delivery of Products
- Subject to this Agreement, we will supply the products shown on your order confirmation.
- We will use our best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.
13. Packaging and Labelling
- We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
- We retain ownership of products you order until payment is received in full for those products together with delivery and other charges.
- Risk in the products you order, such as loss or damage, passes to you upon delivery.
14. Products Out of Stock
- We reserve the right to notify you that products for which you placed orders have become unavailable.
- In the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.
- If we are not able to provide you with a substitute for the product, we will (at your election) provide you with store credit or a refund to the value of the product that was not supplied to you including the delivery fee.
15. Change of Mind Returns/Exchanges
- We ask that you please order carefully but we will allow a refund or exchange if you change your mind or the goods are not what you ordered or are damaged. The item in question must be:
(a) returned within 30 days of order;
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement.
- If we allow a return in these circumstances, we will provide you with a refund or store credit only when we receive the returned product. Except in circumstances where you have been sent an item that was not what you ordered or was damaged when received, return postage is at your expense.
16. Defective Goods
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, any warranty which is given voluntarily by Nundle Woollen Mill. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond any warranty given by NundleWoollen Mill Pty Ltd or the manufacturer of the goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Any warranty given by us will apply in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.
- Where applicable, you may make a claim in relation to goods that are faulty in accordance with our Warranty Terms.
- The warranty given by NundleWoollen Mill Pty Ltd of 1 Oakenville Street, Nundle NSW 2340 and, where applicable, applies to defective goods for a period of 12 months, commencing from the date that your goods are received. To make a claim under this warranty, you must contact our Team, attach a copy of the document containing the warranty and describe the nature of the defect. If you are entitled to make a claim under this warranty, we will provide you with instructions as to how the goods may be returned to us. Unless otherwise provided by law, you will bear any costs incurred in making a claim under this warranty.
- Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by nundle.com, and are separate from any warranty given by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
17. Process for Returns and Refunds
- When returning a product, please contact our team via phone or e-mail with details about the item you want to return and the reason for returning it.
- To receive a refund you need to send us a copy of the receipt for proof of purchase.
- Refunds will be issued using the payment method used for purchase.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- Replacement of products, refunds and repairs will not be made until the original product is received by us and your claim is verified.
- Subject to clause, we will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
19. Intellectual Property
- We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
- Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
- You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
- If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
20. Transfer and Assignment
- You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
- We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
- This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
- If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
- Privacy and Personal information