T & C AND PRIVACY

TERMS AND CONDITIONS

The Website is operated by NUSHKI NUI. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by NUSHKI NUI. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

NUSHKI NUI reserves the right to review and change any of the Terms by updating this page at its sole discretion. When NUSHKI NUI updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by NUSHKI NUI in the user interface.

2. Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
1. Payment of the Purchase Price may be made through one of the following third party providers:
(a) STRIPE
(the 'Payment Gateway Providers')

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by NUSHKI NUI, you will be issued with a receipt to confirm that the payment has been received and NUSHKI NUI may record your purchase details for future use.

3. EXCHANGE AND REFUND POLICY

NUSHKI NUI's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Please refer to NUSHKI NUI's EXCHANGE Policy

4. Delivery

You acknowledge that the Purchase Services offered by NUSHKI NUI integrate delivery (the 'Delivery Services') through the use of third party delivery companies, The Australian Post (the 'Delivery Service Providers').
1. In providing the Purchase Services, NUSHKI NUI may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that NUSHKI NUI is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
2. In the event that an item is lost or damaged in the course of the Delivery Services, NUSHKI NUI asks that you:
1. (a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
2. (b) contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

5. Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of NUSHKI NUI are subject to copyright. The material on the Website and any product created by NUSHKI NUI is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by NUSHKI NUI or its contributors.
a. NUSHKI NUI retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
i. (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of NUSHKI NUI; or
ii. (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
iii. (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
b. You may not, without the prior written permission of NUSHKI NUI and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

6. Privacy

NUSHKI NUI takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to NUSHKI NUI's Privacy Policy.

7. General Disclaimer

You acknowledge that NUSHKI NUI does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

1. NUSHKI NUI will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4. Subject to this clause, and to the extent permitted by law:
1. (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
2. (b) NUSHKI NUI we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website, the Purchase Services, and any of the products of NUSHKI NUI (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of NUSHKI NUI, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of NUSHKI NUI (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of NUSHKI NUI) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
4. (d) the Content or operation in respect to links which are provided for the User's convenience;
5. (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
6. (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

7. Limitation of Liability

1. NUSHKI NUI's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of NUSHKI NUI is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that NUSHKI NUI, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. NUSHKI NUI is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of NUSHKI NUI, by third parties or by any of the Purchase Services offered by NUSHKI NUI.
4. You acknowledge that NUSHKI NUI does not provide the Delivery Services to you and you agree that NUSHKI NUI will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

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Nushki Nui respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1. Collection of personal information

In nearly all circumstances information collected will be provided by you to us
• Directly from you, either in person or over the phone
• When you place an order via the Website
• When you interact with the Website

Your personal information collected will be collected when you make contact with email or fill out e-mail contact form.

When placing an order we will collect your personal information so we can communicate with you, take payment and post out orders.

When placing an order on the on-line order form you will be required to provide your name and contact details and address for shipping.

When using the on-line ordering portal to make a payment you will provide credit card details, these are collected and processed by a secure third party purpose built payment collections provider.

In circumstances where you are providing information to us on behalf of a company we accept this information based on you being authorised to provide it and are doing so in good faith.

2. Use of your personal information

We collect your personal information so that we can carry out the following actions.
• To provide you with products that you have requested from Nushki Nui.
• To communicate with you, including about products and services, news and company updates, 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, 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 services including Australia Post and couriers
• If we are required to comply with laws or regulations or to comply with any directions given by regulators or authorities.

5. Disclosure of your personal information
Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.
1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

6. Security of your personal information

Nushki Nui is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

By providing us with personal information, you consent to the terms of this
Privacy Policy and the types of disclosure covered by this Policy. Where we
disclose your personal information to third parties, we will request that the third
party follow this Policy regarding handling your personal information.

7. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to [email protected] We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

8. Changes to Privacy Policy
Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

You may request details of personal information that we hold about you in
accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]

We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

2. Collection of personal information

Your personal information collected will be collected when you make contact with email or fill out e-mail contact form.

When placing an order we will collect your personal information so we can communicate with you, take payment and post out orders.

When placing an order on the on-line order form you will be required to provide your name and contact details and address for shipping.

When using the on-line ordering portal to make a payment you will provide credit card details, these are collected and processed by a secure third party purpose built payment collections provider.

In circumstances where you are providing information to us on behalf of a company we accept this information based on you being authorised to provide it and are doing so in good faith.

3. Use of your personal information

We collect your personal information so that we can carry out the following actions.
• To provide you with products that you have requested from Nushki Nui.
• To communicate with you, including about products and services, news and company updates, 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, 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 services including Australia Post and couriers
• If we are required to comply with laws or regulations or to comply with any directions given by regulators or authorities.

7. Disclosure of your personal information
Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.
1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

8. Security of your personal information

8. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to nushkinuiclothing@gmail. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.