These terms set out the agreement for online trading between NOIRELLE, owned by PASSIONWORKS Pty Ltd (ABN 93 669 861 376) and the user of this website (“You”). Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
1. INTRODUCTION
- These terms & conditions set out the terms between you the customer and us the website owner.
- Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
- You should not use this website if you do not accept with these terms & conditions in full.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
- We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
- It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. CUSTOMER INFORMATION
- You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
- You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
- As a customer you are responsible for your account and actions taken within it. If you are aware or suspect that your account username and password or other details have become known to a third party, you should inform us immediately.
- Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
- We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time.
3. PRODUCT PRICING, TITLE, AND COLOR
- We make every effort to ensure that the pricing displayed on our website is correct.
- However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
- The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
- We reserve the right to alter all product pricing without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
- We strive to display as accurately as possible the colors of our products that appear on the website.
- However the actual color will depend on your monitor, we cannot guarantee that your monitor’s display of any colors will be accurate.
4. YOUR ORDER
- All online orders placed through this website are subject to confirmation and acceptance by Noirelle.
- When you place an order you will receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
- Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
- Product items not included within the dispatch email are not included in the order and contract between you and us.
- If Noirelle requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) business days of the announcement of the increase.
- We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
- If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase.
- No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5. SHIPPING AND CUTOMS DUTY
- All orders received by us are shipped subject to availability.
- We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase.
- In this situation you will be contacted and offered a full refund instead of delivery of the product.
- We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control.
- If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6. CANCELLATION RIGHT, RETURNS AND REFUNDS
- Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase.
- However, to exercise this right you must notify us in writing, (email or letter) within 7 working days of the day after you receive your goods.
- As stated above notification of cancellation must be in writing. As we do not record our calls, a telephone conversation is not a valid cancellation.
- No right of cancellation, refund or return exists under the Competition and Consumer Act 2010 by the Australian Consumer Law(ACL) once you have removed the product from its original package, unless the product is defective and you are returning it for this reason.
- Goods that are sealed or shrink-wrapped can only be returned if they are defective once this has been removed.
- No right of cancellation exists for personalised goods, goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
- Please observe the following procedure for all returns:
– Contact us in writing within 7 days stating your reason for return, your order number and contact details. If you are returning your product because it is defective, please state the defect or defects.
– One of our representatives will contact you within 48 hours to advise you of the procedure to return the goods. Please do not send any goods back until you have been contacted by us as we will not refund any postage expenses unless they have been previously agreed in writing.
– Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. We will be unable to issue a refund where the product is in an incomplete state.
– If the product has been opened, used, or if the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect.
– If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us. - We recommend that all returns be sent by registered post, so that a record of the return is available for you.
- We will not issue refunds for any items lost or stolen in transit to us.Where a return is lost or stolen in transit to us, you should claim compensation from the team that shipped the item. Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product and receipt of the goods.
7. FAULTY PRODUCTS
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
8. EVENTS OUTSIDE OUR CONTROL
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
9. PERSONAL INFORMATION
- Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [link to PRIVACY POLICY]
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Credit card information is always encrypted during transfer over networks.
10. LICENCE
- We grant you a licence to access the content, information and services contained within our website for personal use only.
- This licence allows you to download and cache (using your browser) individual pages from our website.
- This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
- Our website design, layout, content or text cannot be copied,edited or otherwise manipulated without our express prior written permission.
- Our website cannot be placed within the frame-set of another site.
- Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
- The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
11. COPYRIGHT
- All content displayed on the Noirelle website and mobile site, including the Noirelle logo, is legally binding and subject to these Terms and Conditions.
- All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
- The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
12. LIMITATIONS AND EXCLUSIONS OF LIABILITY
- Where content and information is provided on the website without charge, we exclude all liability for such content and information.
- All business losses (including, but not limited to) loss of profits, income, lilynue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
- All indirect, consequential or special losses or damage are all excluded.
- All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
- All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
- These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
- These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
- These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
- The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. INDEMNITY
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
14. VARIATION
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
15. ASSIGNMENT
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. THIRD PARTIES
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
18. TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. CHANGE TO TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. YOUR SATUTORY RIGHTS
Where acting as a consumer your statutory rights are unaffected.