Website Terms of Use

TERMS

By Nicola (“we”, “us”, “website”) is the trading name and is registered in Australia, Perth. Our address is 122a Dalkeith Road, Nedlands, 6009 WA.

The following Terms and Conditions ("Terms") apply to all visitors or users ("you," "your," or "yours") of our online store and our webpages (collectively, our “Services”). Please take care and read these terms and conditions, as browsing or purchasing on this website means that you have agreed to these terms.

By using this website, you guarantee that you have read, understood and agreed that 1) you have the capacity to abide to this agreement and the authority to decide to this agreement, 2) you are bound to these terms and conditions, 3) you agree to comply with all local rules and laws.

By Nicola reserves the right to change terms and conditions at any time and without notice. These changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The Terms and Conditions are relevant until terminated by

By Nicola. By Nicola reserves the right to terminate these terms at any time without notice. By Nicola reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole.

 

WARRANTY AND LIMITATIONS

a. DISCLAIMER: By Nicola makes no warranties or representations about the accuracy or the completeness of this content, the content of any site linked to this site, contributors, information or any other items or sites linked to this site.  We assume no liability or responsibility for:

  • Errors or inaccuracies of content and materials;
  • Personal injury or property damage of any nature whatsoever, resulting from your access to and use of the website;
  • Any unauthorized access to or use of secure servers and any or all personal information stored therein;
  • Any interruption or down-time on the website;
  • Any bugs, viruses, trojan horses or the like that could be transmitted through the website;
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted or made available via the By Nicola website, social media or customer service team.

b. LIMITATION OF LIABILITY: In no event shall By Nicola be liable to any third party for any indirect, consequential, incidental, special or punitive damages, including a decrease in profit from your use of the website or social media, contributions or any branded items. By Nicola’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with this agreement whether in contract, tort or breach of statuary duty.

c. By Nicola makes no warranty with respect to any product sold other than what is stated on the By Nicola website. We do not give warranties expressed or implied with any kind of respect to any products sold on the website.

INDEMNITY

You agree to indemnify, defend and hold harmless By Nicola, its agents, distributors and affiliates. This includes all officers, directors and employees.

PRICE

Prices are all displayed and quoted in Australian Dollars. By Nicola reserves the right to do any and all fraud checks required. By Nicola reserves the right to change prices without notice. Products are only available while stock is available. Any orders placed on items with incorrect prices due to data entry error can be cancelled or refused. If payment has already been made you will be given the option to remedy the price or receive a refund.

INTELLECTUAL PROPERTY

By Nicola owns all content other than outlined content. This includes our website, database, content, images, logo, titles, names, illustrations, designs, marketing, graphics, text and images. You may not use this for any reason unless authorized in writing from Jessica & Travis Dunlop. Any use of any content is against copyright law.

You must not access bynicola.com.au to do anything for an illegal purpose. International users agree to this in their jurisdiction. You must not attempt to hack, modify or use the website illegally. You must not do anything that would harm users or By Nicola. You must not violate our trademark or copyright laws.

Any breach to any part of these terms and conditions terminates your agreement to use this page.

STOCK AVAILABILITY

By Nicola is responsible for updating the stock availability on the By Nicola website. In the unlikely event where you have purchased an item(s) (your card or PayPal account has been charged), and we no longer have the item(s) in stock, a staff member from By Nicola will be in contact with you to notify you of the occurrence. By Nicola will then refund you in full for the payment you have made.

FAULTY PRODUCTS

We warrant that:

  • The Product will be delivered undamaged in the quantities ordered; and
  • The Product will conform as what has been advertised on our Site or in our Product material at the time of your Order.

We try very hard to deliver products in excellent condition. However, if you tell us believe the product is faulty, you agree to keep the product in its current condition available for our customer service team to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

  • You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
  • You providing us with the delivery note number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

  • Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
  • Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
  • Been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
  • Deteriorated through normal wear and tear,

After delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

PROMOTIONS, COMPETITIONS, GIVEAWAYS

Participants are limited to one (1) entry into the draw unless otherwise specified.

Winners will have 7 days to claim their prize, at which time the prize will be redrawn.

Entry into a promotion is not open to our employees or their relatives, agents, sponsors, suppliers, or any persons connected with the promotion of a competition.

In the event of any dispute about the identity of the winner or an entrant, we reserve the right to request the proof of the winner’s age, identity, and residency.

Incomplete or indecipherable entries will be deemed invalid.

We reserve the right to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at our discretion.

If for any reason a promotion is not capable of running as planned, including but not limited to, technical failures, unauthorized intervention or security concerns, we reserve the right in our sole discretion to disqualify any individual and to cancel, terminate, modify or suspend a promotion.

The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

Entrants consent to us using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without any remuneration for the purpose of promoting this competition (including any outcome) and promoting products sold by us.

If for whatever reason the original prize is unavailable, we, in our sole discretion, reserve the right to substitute the prize with an offer of equal value.

Except for any liability that cannot be excluded by law, we (including its officers, employees and agents) exclude all liability (in contract or tort, and including negligence) for any personal injury, or any loss or damage (whether direct, indirect, special or consequential) arising in any way out of a promotion, including but not limited to, where arising out of the following:

  • Any technical difficulties or equipment malfunction (whether or not within our control);
  • Any theft, unauthorized access or third party interference;
  • Any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by us);
  • Any variation in the prize value to that stated in a promotion;
  • Any tax liability incurred by a winner or entrant; or
  • Use of the prize(s).

As a condition of receipt of the prize, the winner must sign any legal documentation as and in the form required by us and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

Our decision is final and no correspondence will be entered into.

Entry into a promotion is deemed acceptance of and agreement with these Terms and Conditions. Instructions on how to enter, prize details and other information contained within the promotional advertisements form part of these Terms and Conditions.

Prizes, discounts, and vouchers offered in connection with promotions, competitions and giveaways run by us cannot be used in conjunction with any other offer (including, but not limited to, sales and other promotions).

The prize (or any part thereof) cannot be sold; the prize (or any part thereof) is not transferable or exchangeable and cannot be taken for cash. No responsibility is accepted for any variation in the value of the prize.

We collect personal information in order to conduct promotions and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. We may, for an indefinite period (unless otherwise advised), use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.

Note that discounts received pursuant to promotions and competitions are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the By Nicola terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to By Nicola whose applications are acceptable to By Nicola and who have authorized By Nicola to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, By Nicola reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where By Nicola feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions. 
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

CANCELLATION POLICY

Once an order has been placed and we have processed the order you are unable to cancel that order. If you wish to change the items purchased you will have to wait until receiving the goods when you can then complete a return as per the instructions outlined in “Refund + Returns Policy”.

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

We will usually refund any money received from you using the same method originally used by you to pay for the Product.

VOUCHERS AND GIFT CARDS

You may use promotional vouchers and gift vouchers as payment for certain products on the site. Please note that, notwithstanding anything else in these Terms and Conditions, promotional vouchers and gift vouchers cannot be used as a form of payment on certain Products. Products, which cannot be purchased with promotional vouchers or gift vouchers will be identified as such in the written description given of those Products.

We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

If you have a gift or promotional voucher, someone other than you can use that voucher and you can assign your rights to use that voucher.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift vouchers, promotional vouchers or gift cards.

 

Conditions for the redemption of promotional vouchers/coupons:

  • From time to time we may release promotional vouchers that may be used on the Site. Promotional vouchers can only be redeemed on the Site.
  • Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other offer (including, for the avoidance of doubt, sales, promotions and other vouchers). Individual brands may be excluded from voucher promotions.
  • The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
  • If you place an order for a product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
  • The credit of a promotional voucher does not accrue interest nor does it have a cash value.
  • If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer). For the avoidance of doubt, gift cards are an acceptable form of payment in these circumstances.
  • Please note that only one promotional voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).

Conditions for the redemption of gift vouchers:

  • You may purchase gift vouchers for use on the By Nicola e-boutique by you or other customers. Gift vouchers will be sent by post as outlined in our shipping details.
  • Gift vouchers and gift cards cannot be used to buy further gift vouchers or gift cards. Gift vouchers and gift cards may only be purchased through debit or credit card or PayPal.
  • The credit of a gift voucher does not accrue interest nor does it have a cash value.
  • If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment by other means (but not by using another promotional voucher or attempting to rely on any other offer).
  • Please note that only one gift voucher can be used per order, and that gift vouchers cannot be used in conjunction with any other offer (including but not limited to, sales and other promotions).

Note that vouchers are applied to invoices as a whole. Accordingly, in circumstances where multiple items are purchased using a voucher or gift card, and one or more items is returned, the discount is applied on a pro rata basis to each item for the purpose of establishing refund values. For the avoidance of doubt, gift vouchers, promotional vouchers cannot, under any circumstances, be redeemed for cash.

 

 

PRIVACY

 

By Nicola’s Privacy Statement fully complies with the Privacy Act 1988 and represents the industry’s best practice.

We use PayPal as the payment gateway when you checkout so Paypal secures your purchase. Your credit card details are passed securely through their certified secure payment process, not stored by our website. This process is constantly monitored and maintained, while By Nicola regularly updates our firewall to keep the site secure.

PayPal automatically encrypts your confidential information in transit using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). Before you even register or log in to the PayPal site, our server checks that you’re using an approved browser – one that uses SSL 3.0 or higher.

Once your information reaches the PayPal site, it resides on a server that is heavily guarded both physically and electronically. PayPal servers sit behind an electronic firewall and are not directly connected to the internet, so your private information is available only to authorized computers.

We do not store your credit card details; they are deleted after your purchase has been completed. Payment or debiting of your credit/debit card will be completed when you accept to complete the transaction at checkout.

We take a firm stance against credit card fraud. If your transaction is flagged in our system, we will check your order by phoning you on the given number to ensure that the credit card holder has made the purchase. If we find anyone trying to use another person’s details, we will report you to the Australian Police and banking authorities.

The only details recorded and kept on our database are your personal details i.e. email address, name, address, phone number. The reasons we collect these details are to carry out the following actions:

  • To provide you with products and services that you have requested from us;
  • To communicate with you, including about products and services, competition results, special offers, and events which might interest you;
  • To answer your questions and provide you with information or advice;
  • To create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
  • Provide your personal information to third parties that assist us in providing products and services you have requested, such as delivery service providers and fulfilment managers;
  • Carry out administration, marketing, planning, fraud and loss prevention activities, procurement, product and service development, quality control and research to improve the way By Nicola and its related bodies corporate and service providers provide products and services to you;
  • To consider and respond to complaints made by you;
  • To comply with laws or regulations or to comply with any directions given by regulators or authorities

Any and all of the details that you provide us are strictly confidential. The use of all of these details will always be approved by you, unless in the case of legal requirements. By Nicola will not sell or give your information to any third parties not associated with our website directly. Access to your details by By Nicola staff will be strictly limited to management.

By providing us with your email address, our members will receive promotional emails designed by By Nicola with special offers and product information. You can update your personal information at any time in your account on the By Nicola website.

If you have any questions about your privacy or the storage of your personal information, please email shop@bynicola.com.au

By Nicola reserves the right to modify and change the Privacy Statement at any time. Any changes to this policy will be published on our site.