Nikki McGar Interiors
Website Terms and Conditions
1. About the Website
1.1. Welcome to www.nikkimcgar.com.au (Website). The Website is operated by Nicole McGar (ABN: 62 474 661 556) t/a Nikki McGar Interiors (Nikki McGar Interiors).
1.2. The Website provides you with an opportunity to browse Nikki McGar Interiors’ services (Services) and to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
1.3. Access to and use of the Website, or any of its associated Products or Services, is provided by Nikki McGar Interiors. Please read these terms and conditions (Terms) 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 Purchase Services, immediately.
1.4. Nikki McGar Interiors reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept these Terms by using or continuing to use the Website. If you do not agree to these Terms, you must immediately cease using the Website.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) Business name
(b) Business address
(c) ABN
(d) Email address
(e) Preferred username
(f) Mailing address
(g) Telephone number
(h) Password
3.2. You warrant that any information you give to Nikki McGar Interiors in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Nikki McGar Interiors; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
4.2. You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Nikki McGar Interiors of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Nikki McGar Interiors providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Nikki McGar Interiors for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. 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 (Purchase Price).
5.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
5.3. 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.
5.4. Following payment of the Purchase Price being confirmed by Nikki McGar Interiors, you will be issued with a receipt to confirm that the payment has been received and Nikki McGar Interiors may record your purchase details for future use.
5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) as defined in A New Tax System (Goods and Services Tax) Act 1999.
5.6. Nikki McGar Interiors reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
6. Returns Policy
6.1. Nikki McGar Interiors wants you to be satisfied with your Product. If you have any issues with Nikki McGar Interiors Products, please e-mail hello@nikkimcgar.com.
6.2. If you have received an incorrect item, Nikki McGar Interiors will provide a refund and cover reasonable return shipping costs. To request a refund and organise a return, please email hello@nikkimcgar.com with your proof of purchase and photographs of the Product within 5 business days of receiving the Product. The returned Product must be unopened and in its original saleable condition, except where the Product has been opened to verify the error. Where the error is not Nikki McGar Interiors' fault, you may be liable for return shipping costs.
6.3. Nikki McGar Interiors does not provide refunds for change of mind.
6.4. Nikki McGar Interiors does not provide refunds for sale items except where required by Australian Consumer Law, including cases of major failure or where products are not of acceptable quality.
6.5. Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
6.6. In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
b. Inaccurate delivery address;
c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Nikki McGar Interiors for a return fee charged to the initial payment method.
6.7. Nikki McGar Interiors may, at its sole discretion, provide a refund on the return of the Products within 7 days where the Product does not meet your requirements. You acknowledge and agree that you are liable for any reasonable administration costs associated with any refund pursuant to this clause. Please email hello@nikkimcgar.com to organize a refund.
7. Shipping and Product Delivery
7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by Nikki McGar Interiors is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. Nikki McGar Interiors will strive to meet the requirements of your anticipated delivery date. However, Nikki McGar Interiors will not be liable for any losses you suffer due to a delay, except where such liability cannot be excluded under Australian Consumer Law.
7.2. You acknowledge that the Purchase Services offered by Nikki McGar Interiors include delivery through third party delivery companies (Delivery Service Providers). While Nikki McGar Interiors will assist with delivery issues, your rights under the Australian Consumer Law are maintained regardless of which party performs the delivery.
7.3. In providing the Purchase Services, Nikki McGar Interiors may provide you with a variety of delivery options offered as part of the Delivery Purchase Services by the Delivery Service Providers. You acknowledge and agree that Nikki McGar Interiors is not the provider of these options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Purchase Services.
7.4. Nikki McGar Interiors currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, Nikki McGar Interiors can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
7.5. In the event that an item is lost or damaged in the course of the Delivery Purchase Services, Nikki McGar Interiors asks that you:
(a) contact the Delivery Service Provider directly to request a refund; and
(b) contact us by sending an email to hello@nikkimcgar.com 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.
8. Use of Products
8.1. By purchasing a Product from Nikki McGar Interiors, you agree to carefully read and follow the instructions of use included with each product.
8.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product, where applicable.
9. Warranty
9.1. Nikki McGar Interiors’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. 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 (Warranty). A major failure under Australian Consumer Law occurs when a reasonable consumer would not have purchased the goods had they known about the problem, the goods are significantly different from their description or sample, the goods are substantially unfit for their normal purpose and cannot be fixed in a reasonable time, or the goods are unsafe.
9.2. If you have received a Product that you believe is faulty or defective, please contact hello@nikkimcgar.com with photographic proof.
10. Information and Product Disclaimer
10.1. While any information provided by Nikki McGar Interiors regarding the use of Products is for general guidance only, this does not affect your rights under the Australian Consumer Law, including the consumer guarantees. You should ensure Products are suitable for your intended use and seek professional advice where appropriate.
10.2. Subject to any non-excludable consumer guarantees under the Australian Consumer Law, Nikki McGar Interiors makes no additional representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
11. Copyright and Intellectual Property
11.1. The Website, the Purchase Services and all of the related Products of Nikki McGar Interiors are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Purchase Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Purchase Services are owned or controlled for these purposes and are reserved by Nikki McGar Interiors or its contributors.
11.1. Nikki McGar Interiors 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:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Nikki McGar Interiors; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(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).
11.2. You may not, without the prior written permission of Nikki McGar Interiors 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 content for any purpose, except as permitted under the Copyright Act 1968 (Cth). This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. Privacy
Nikki McGar Interiors takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Nikki McGar Interiors Privacy Policy found on the Website.
13. Mailing List Registration
13.1. You may be given the option to register for the Nikki McGar Interiors Mailing List (Mailing List).
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(d) Email address
(e) Name
13.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Nikki McGar Interiors.
14. Force Majeure
14.1. If circumstances beyond Nikki McGar Interiors’ control prevent or hinder its provision of the Products, Nikki McGar Interiors is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Nikki McGar Interiors may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
14.2. Circumstances beyond Nikki McGar Interiors’ control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, pandemics, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
15. General Disclaimer
15.1. You acknowledge that Nikki McGar Interiors does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
15.2. Nikki McGar Interiors will make every effort to ensure a Product is accurately depicted on the Website; however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
15.3. 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.
15.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Except as provided by applicable Consumer Guarantees under Australian Consumer Law, Nikki McGar Interiors will not be liable 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 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.
15.5. Use of the Website, the Purchase Services, and any of the products of Nikki McGar Interiors is at your own risk. Everything on the Website, the Purchase Services, and the Products of Nikki McGar Interiors, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. To the maximum extent permitted by law, none of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Nikki McGar Interiors make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Nikki McGar Interiors) 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:
(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;
(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;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. Limitation of Liability
16.1. Except where prohibited by law, Nikki McGar Interiors' 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 Price, then the total liability of Nikki McGar Interiors is the resupply of information or Purchase Services to you.
16.2. Subject to any non-excludable consumer guarantees under the Australian Consumer Law, you expressly understand and agree that Nikki McGar Interiors, its affiliates, employees, agents, contributors, third party content providers and licensors will 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 will 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.
16.3. Nikki McGar Interiors 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 Nikki McGar Interiors, by third parties or by any of the Purchase Services offered by Nikki McGar Interiors.
17. Indemnity
17.1. You agree to indemnify Nikki McGar Interiors, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
18. Venue and Jurisdiction
The Purchase Services offered by Nikki McGar Interiors are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.
19. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria.
20. Independent Legal Advice
Both parties acknowledge and agree that: (a) the provisions of the Terms are fair and reasonable; (b) they have had the opportunity to obtain independent legal advice; and (c) they have either obtained such advice or have willingly elected not to do so.
21. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
