Terms & Conditions
Please read over and understand The NU Basic Terms & conditions.
1. Overview
This website (Website) is operated by The Nu Basic Pty Ltd ACN 650 080 345. Throughout the Website, the terms “we”, “us” and “our” refer to The Nu Basic Pty Ltd. We offer this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Website and / or purchasing something from us, you agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
2. Terms of Sale and Contract
2.1.
In order to contract with us you must be over 18 years of age and have the capacity to enter into a legally binding agreement with us. Persons under 18 years of age may only place an order with the involvement of a parent or guardian.
2.2.
You may offer to purchase goods described on this Website for the price specified on this Website. By placing an order, you are offering to purchase the products you have selected on and subject to these terms and conditions. You may not cancel an order once it has been submitted.
2.3.
When you place an order, you will receive from us an order confirmation by email. This email will only be an acknowledgement that we have received your order and will not constitute acceptance of your order. A contract between us for the purchase of the goods (Contract) will not be formed until you receive a shipment confirmation email from us.
2.4.
We will at our sole discretion accept or reject your offer to purchase. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
2.5.
We give no undertaking as to the availability of products advertised on this Website. All orders are conditional upon availability and confirmation of the order price. We may terminate a Contract if the product is not available for any reason.
2.6.
Delivery of the goods to you will be effected in the manner described on this Website. Dispatch times may vary and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
2.7.
Title in the goods does not pass to you until payment has been received in cleared funds. Risk of loss or damage to the goods passes to you upon dispatch.
2.8.
Payment must be effected in the manner described on the Website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
2.9.
Our Website accepts payments using Visa, MasterCard, Amex, PayPal, AfterPay, and Apple Pay. Once your payment method has been validated, upon clicking “place order” we will debit your nominated form payment immediately for the full order amount. A Contract between us will not be formed until your payment has been approved by us and we have debited your nominated form of payment.
2.10.
You acknowledge that despite our reasonable precautions, products on our Website may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your nominated form of payment has been debited, we will refund the price product to your original payment method.
2.11.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this Website.
2.12.
The conditions of use relating to any promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website will be specified at the time of issue. Any promotions on this Website are subject to these terms and conditions.
3. Change of Mind Returns
3.1.
You can return or exchange any product you purchase on this Website, so long as the following conditions are met:
a. the return or exchange is initiated via the “Returns” tab on our Website (click here), and the product is placed in the post within 14 days from the date of purchase;
b. the product is returned and received in an unworn and unused state and in a saleable condition with the original tags and sewn labels still attached;
c. we receive the product within 30 days from the date of purchase;
d. you are able to provide the online tax invoice relating to the purchase at the time the return or exchange is initiated;
e. the product is returned to us with its original packaging, which must be in the original condition; and
f. the product is not an “excluded product” under clause 3.5
3.2.
All returns in strict compliance with clause 3. will be issued a store credit in the form of an e-gift card. An e-gift card code will be provided once your return is processed. Your e-gift card will be valued at the purchase price you paid in your order for the item that you have returned, which, for the avoidance of doubt, excludes all delivery fees paid by you in relation to your purchase. All e-gift cards are subject to the terms set out in clause 5.
3.3.
If the return is not in strict compliance with clause 3.1, we reserve the right to refuse an exchange or refund. If we refuse an exchange or refund in accordance with this clause, we will contact you to ship the product back to you and you will be liable for the product cost and shipping costs from us.
3.4.
You will be liable for delivery fees associated with any returns or exchanges, and we will not refund any delivery fees that you paid at the purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. We will not be responsible for any parcels lost in the post.
3.5. Excluded Products
The following products cannot be returned or exchanged:
• Hosiery
• Underwear
• Swimwear
• Hair accessories
• Products marked as "final sale" or "clearance" items.
Faulty Product Returns
4.1.
If you believe your goods are faulty or defective, you are entitled to request an exchange or refund upon inspection by us. Please email customer service at hello@thenubasic.com.au so that we can assess your claim. You may be asked to provide further information or images to support your claim and / or you may be asked to send us your product for a physical inspection. In all cases, we reserve the right to reject your claim until we have completed a physical inspection of the product.
4.2.
If the product is confirmed to have a defect, we will replace or refund the price of the product to your original payment method. Replacements are subject to availability of stock.
4.3.
We reserve the right not to accept the return of a faulty or defective product where we inspect the product and reasonably assess that the fault is a result of (without limitation):
a. damage caused by neglect or misuse (for example, treatment inconsistent with the product's care instructions or wash guide); or
b. usual wear and tear following use of the product.
4.4.
If you have returned a product to us under this clause 4 and we reject your claim, we will contact you to ship the product back to you and you will be liable for the shipping costs from us.
5. Gift Cards
5.1.
All gift cards, including e-gift cards, are subject to the following terms:
a. Gift cards can be redeemed for merchandise only via our Website;
b. Lost or stolen gift cards cannot be refunded or replaced;
c. Gift cards are valid for 12 months from the date of issue;
d. Gift cards cannot be used to purchase other gift cards;
e. We reserve the right to cancel any gift card for any reason and at any
time. Where we cancel a gift card, we will provide you with a refund or
replacement gift card, other than where cancellation occurred due to suspicions of fraud or illegal activity.
f. E-gift cards will be delivered to the email address entered by you at the time of purchase;
g. E-gift cards cannot be refunded or replaced where you enter the
incorrect email address, or where you share or forward the e-gift card in error; and
h. There may be a delay in receiving your e-gift card.
6. Disclaimer
6.1.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
a. we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website;
b. you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your
own computer system which arises in connection with your use of this Website or any linked website;
c. we do not give you any assurances that any information contained on this Website will be suitable for your purposes. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice;
d. whilst we have no reason to believe that any information contained on this Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. We do not accept responsibility for loss suffered as
a result of reliance by you upon the accuracy or currency of information
contained on this Website.
e. any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
f. we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Website or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions;
g. we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations;
h. you acknowledge that prior to entering into these terms and conditions you have been given a reasonable opportunity to
examine and satisfy yourself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity; and
i. you acknowledge that at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so
7. Intellectual Property
The intellectual property rights in all content on this Website, and all logos, icons, brand names or service names identifying us, are our copyright property or our trademarks, service marks or other intellectual property. You must obtain written permission before reusing any material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in criminal or civil penalties.
8. Privacy Policy
Please refer to our full privacy policy for details of how we collect, store and use your personal information.
9. Links in this Website
This Website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
10. Indemnity
You agree to indemnify, defend and hold harmless The Nu Basic Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of these terms and conditions.
11. Severability
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision must, to the extent required, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and must not in any way affect any other circumstances of or the validity or enforcement of these terms and conditions.
12. Variation
We reserve the right to amend these terms and conditions from time to time, without notice to you. Amendments will be effective immediately. Your continued use of the website following such amendment will represent an agreement by you to be bound by the terms and conditions as amended.
13. Waiver
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
14. Termination of Access
We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
15. Governing Law
These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
16. Entire Agreement
These terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the terms and conditions will be effective
only if in writing and signed by us.