1.1 Nefariouss Limited (NZBN: 9429047398177) (referred to as Nefariouss, we, our, or us) permits users (referred to as you or your) to:
- (a) Access and use of the Nefariouss website (https://www.nefariouss.com) (Website);
- (b) Place an order (“order”) for goods and services offered for sale through the Website (“products”);
- (c) View and interact with any communications including but not limited to, content, advice, information, texts or other material provided by Nefariouss; and
- (d) Otherwise communicate with Nefariouss.
subject to the following terms and conditions.
1.2 Nefariouss shall have the right in its absolute discretion at any time by notice to amend, remove or vary the Products or Services and/or any pages of this Website. Notice may be given by any reasonable means including, but not limited to, posting a revised version of these Terms and Conditions on the Internet or notification by electronic mail. Any use of the Website after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions. By using the Website you are agreeing to all of the Terms. We will provide notice of updated Terms by posting it on the Website. Your use of the Website is governed by the most recent Terms listed on the Website. We recommend you check this page regularly and take notice of any changes made.
2.0 Orders for products, services or both through our online store
2.1 By placing an order via our Website you are making an offer and commitment to purchase products and/or services in accordance with these Terms. When you place an order, you will receive an acknowledgement email confirming receipt of your order.
This email is only an acknowledgement and will not constitute acceptance of your order. Subject to clause 2.2, Nefariouss reserves the right to accept or reject an order in its discretion after receipt of the order.
2.2 Notwithstanding anything to the contrary, we may at any time following receipt of your order accept, decline, or limit your order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. Where your order is cancelled by us, we will exit the Contract of Sale by issuing you with a refund if you have been charged or we have received payment from you.
2.3 Provided you have not accepted delivery of the products, where possible Nefariouss may permit an order to be cancelled, but cancellation requests cannot be guaranteed once any applicable payment is received for the order. The order cannot be cancelled by you once you accept the delivery of products.
3.0 Limitation of Liability and Consumer Guarantees
Please refer to the Consumer Guarantees Act for further information: https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/
4.0 Pricing and Availability
4.1 All prices are displayed in New Zealand Dollar and does not include GST. GST is calculated at checkout.
4.2 Nefariouss reserves the right to modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in availability, product discontinuation, changes in market conditions, manufacturer changes, errors in advertising, and in other circumstances).
4.3 Whilst we endeavor to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products/service is a guide only and is subject to change without notice. Without limiting any other terms, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error in relation to any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
5.1 Payment for an order is made online through our Website. You must pay for the Products at the time of placing your order using the Website. Nefariouss accepts Visa, MasterCard and PayPal. You must comply with the relevant terms and conditions of these providers.
5.2 Your order is not recorded or processed until payment is received.
5.3 The payee must match either the billing or shipping recipient.
i) If you pay by card, you authorize us to debit the amount payable for an accepted order from your nominated account. For security, we carry out standard pre-authorization checks on transactions prior to processing.
ii) Please see PayPal for information on PayPal payments.
5.4 Upon confirmation of order, we will provide a confirmation of order outlining total fees and charges for the products/services in your order.
6.0 International Orders, Currency Conversions, Customs and Import Duty/Charges
6.1 The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company.
6.2 Nefariouss does not convert the total price of orders into other currencies. We will bill your credit or debit card or PayPal account in New Zealand Dollars and the card company or PayPal will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution.
6.3 Customers may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid directly by the recipient of the parcel. As customs policies vary widely from country to country, we suggest that you check the requirements in your country before placing an order. We are not liable for any custom or import duties.
6.4 Your nominated courier may also charge a handling fee. This is a matter between you and the respective courier, exclusive of Nefariouss. All charged must be paid directly by the recipient. We are not liable for, and will not reimburse any of these charges and duties.
i) If you refuse to pay these fees outlined in 6.3 and 6.4 you are also refusing your parcel. If you refuse your parcel, you may be contacted by the respective third-party informing you that your parcel will either:
(a) Be destroyed. Nefariouss is not liable for any packages destroyed by a third-party courier service/department and your order will not be refunded.
(b) Be re-shipped back to us. If we do have your parcel sent back to us, all shipping costs (along with any duties and taxes charged on that parcel) will be charged to your nominated account. This can cost upwards of $100, and is largely dependent on the weight of your parcel and applicable duties fees. We will provide full details outlining all applicable charges being billed to you upon receiving the parcel back at our warehouse.
7.1 Your order will be delivered to you through various International couriers. Upon confirmation of shipment/order, you are agreeing to accept any risks involved in transportation as detailed in clause 8.0. Each individual order will be shipped as a separate order and cannot be combined.
7.2 We cannot guarantee delivery times, including due to reasons beyond our control. All delivery estimations are provided based on general data available to public. Postage may be subject to delay due to causes outside Nefariouss and/or the courier's control, including but not limited to public holidays, peak periods and time in customs (if applicable).
7.3 When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of New Zealand may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country and region to region; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original shipment delivery estimates.
7.4 We reserve the right not to deliver products to certain countries in our absolute discretion. Also, we are not responsible for assuring the product can be lawfully imported to the destination country. When ordering from us, for delivery outside Australia, you or the recipient of record must comply with all laws and regulations of the destination country. Accordingly, you should check any import laws or regulations that would restrict the importation of the products prior to purchase.
7.5 You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) charge you for our reasonable storage fee and other costs reasonably incurred by us.
7.6 Further terms and conditions relating to delivery of products are set out in our Delivery Policy, available at Nefariouss FAQ's.
8.0 Risk and Title
8.1 In respect of orders delivered to you using one of our third-party couriers, then:
(a) title to the products in your order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your order passes to you when we dispatch your order from our premises.
8.2 To the maximum extent permitted by law, we are not liable for any damages or loss of any orders once it has left our premises. As per the Consumer Law, Nefariouss does not have to pay for damages or losses that:
(a) are not caused by our conduct, or our products supplied; and
(b) relate to something independent of our business, after the goods have left our control.
9.1 Nefariouss will gladly offer a store credit or refund for any full priced purchases you wish to return back to our warehouse on the following conditions:
(i) the products are received into our warehouse within 30 days from dispatch (As detailed on shipment email)
(ii) the products are not worn, used, washed or damaged;
(iii) the original tags/labels/original hygiene sticker(s) are attached;
(iv) you present proof of purchase; and
(v) you have completed the Return Form to authorize your return. Send an email to request the Return Form.
9.2 Assessment of a product’s condition remains at the sole discretion of Nefariouss and this decision is final. We reserve the right to refuse any returns where the above conditions are not met. Refused items will be returned to the customer at the customer’s expense. If we refuse any returns where the above conditions are not met, we will attempt to contact you to obtain payment for returning the product to you. If you do not respond to us with the required details within a reasonable amount of time (in any event no later than 90 days from the date on which we contact you) we may treat the product as abandoned and deal with the product as we see fit in our absolute discretion.
9.3 Special Exceptions
(i) Notwithstanding the foregoing, please choose carefully as we do not offer exchange or refund on products that are a sale (clearance) item, promotion items, hosiery, underwear, custom made, monogrammed, personalized, or altered products, unless the good is faulty or where otherwise required by law. All swimwear must have an original hygiene sticker attached.
(ii) Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 9.1.
9.4 Payment Method
We will refund using your original payment method, or on gift card where appropriate at our discretion. Special conditions apply in respect of payments made using PayPal.
9.5 Where PayPal was used as tender, our standard policy applies. Refunds will be returned to your PayPal account. Something to note is that if you paid with PayPal you may be eligible to have return shipping costs reimbursed for up to $45 NZD. Check out the details here to see if you qualify.
9.7 Store credits are valid for 12 months from issue.
For further information on store credit or refund for items you wish to return back to our warehouse please see our Delivery and Returns Policy.
10.0 Cost of Returning Your Goods
10.1 You will need to pay for any postage fees involved in posting the items you wish to return, unless faulty as detailed in clause 11.0. In the event that the return postage cost has not been covered by the customer for a return, without Nefariouss' prior express written permission, Nefariouss reserve the right to withhold the return postage cost from the total reimbursement amount for the returned item/s
10.2 Nefariouss will not be liable for loss of parcels being returned.
10.3 We recommend sending items you wish to return via traceable post. To protect yourself from loss, we strongly advise the use of an insured and traceable service to return your goods as these items remain the property of the customer until an email confirmation is sent to acknowledge our receipt of the item(s).
10.4 The decision to not follow this advice is at your own risk, as detailed in clause 8.0.
11.1 In accordance with rights available to customers, under the Consumer Law:
(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact the Nefariouss Customer Experience team where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
11.2 Assessment or confirmation of fault remains at Nefariouss’s sole discretion and this decision is final.
11.3 If an item is assessed as not faulty at Nefariouss’s sole discretion, the product will be refused and returned at the customer’s expense.
11.4 Nefariouss will refund the postage costs for any items deemed to be faulty in accordance with this clause 11. The shipping costs will be reimbursed within reason where proof of purchase is provided.
11.5 Refunds can only be processed via the same payment method used for the original purchase.
12.0 Gift Vouchers, Store Credits and Discount/Promotional Codes
12.1 All Nefariouss gift vouchers, store credits, discount/promotional codes or alike (Gift Card) are subject to the following terms contained in this clause 12, which are also provided on issue of gift vouchers.
- (a) Gift Cards are valid for use on goods or services offered on the Nefariouss Website, unless otherwise specified;
- (b) Gift Cards cannot be used as payment methods to purchase Gift Card(s);
- (c) Purchase of a Gift Card is not valid in conjunction with any other promotional codes, discount codes, or there-alikes;
- (d) Gift Cards are not redeemable or transferable for cash;
- (e) Gift Cards are valid for one calendar year from issue. All Gift Cards are not available for extension;
- (f) Any unused balance on a Gift Card will remain on the relevant voucher/credit note until depletion or expiry, whichever comes sooner;
- (g) Gift Cards are not subject to maintenance fees, unless otherwise stated;
- (h) Lost or stolen Gift Cards cannot be refunded or replaced;
- (i) The resale of Gift Cards is strictly prohibited; and
- (j) All purchases made using Gift Cards for product(s) on sale are subject to clause 13.0.
12.2 If for any reason Nefariouss cancels a Gift Card for any reason any remaining unused balances will be refunded to the purchasers as required by the Consumer Law.
12.3 By purchasing, activating, using or attempting to use a Gift Card, or by exercising any right to redeem value loaded on a Gift Card, you warrant that you will comply with this clause 12 and that the Gift Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to other customers of Nefariouss.
12.4 If you are giving a Gift Card to another person, you must procure that such person is aware of the requirements of this clause 12 and the expiry date of the Gift Card.
12.5 The Gift Card can be used or redeemed to purchase products from Nefariouss on our Website, up to the monetary value contained in the Gift Card. Upon purchase of any products using the Gift Card, the value of the products purchased shall be automatically deducted from the Gift Card.
13.0 Sale Items
13.1 All products on sale are subject to the following conditions:
i) Available until sold out
ii) Limited sizes and styles are available
iii) Not valid on rain checks, or on previous purchases
iv) Not available to be returned, subject to clause 9.0.
v) Subject to sell out without prior notice.
13.2 Returns on sale/promotions
(a) Any sale products are not available to be returned as detailed in Returns Policy.
(b) Products purchased as part of a promotion are eligible for return providing the return meets the conditions in clause 9.1.
13.3 Whilst we endeavor to ensure all details, descriptions and prices listed on the Website are accurate, errors may occur. Any information we provide in relation to availability of products/service is a guide only and is subject to change without notice. To the maximum extent permitted by law, we will not be liable for any lack of availability of products that have been ordered through the Website. If we discover an error we will inform you of this as soon as possible and give you the option of reconfirming your order or cancelling it.
14.0 Disclaimer of Ownership of Trademarks and Copyright
Except where expressly stated, third party trademarks and images of third party goods, service and/or locations featured on this website, content or communications are in no way associated, linked or affiliated with Nefariouss. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Nefariouss.
15.0 Intellectual Property
(a) The intellectual property rights in all text, graphics, images, software, material and other content (“content”) made available to you by Nefariouss on, through, or affiliated with this Website remains the property of Nefariouss or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Nefariouss and its licensors.
(b) You may store, print and display content supplied to you solely for your own personal use, provided you (a) do not change the content from how it appears on this site; and (b) include all relevant copyright notice (E.g. “© Nefariouss 2020”); unless otherwise authorized in writing by Nefariouss. Without limiting the foregoing, you must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
(c) Unauthorized use of the content may violate copyright, trademark, and other laws. You must not publish, reproduce, display, frame, publicly perform, transmit (including broadcast), adapt, link, modify, manipulate, distribute, sell or otherwise reproduce or use, in any way or format, any of the content or copies of the content supplied to you by the Website/affiliated content nor may you use any content in any way in connection with any public, business or commercial enterprise or purpose. The use of the content on any other Web site or in a networked computer environment for any purpose is prohibited.
(d) No license or consent is granted to you to use our Copyrighted content or Trademarks in any way, and you agree not to use Content or any Trademarks which are similar in design without written permission of Nefariouss.
This Website contains graphics and visual representations of products protected by copyright and/or law in all jurisdictions, including but not limited to the Designs Act. Nefariouss retains ownership of all designs, graphic representations, and other information that is or may be represented via the Website and/or other marketing affiliations.
We take active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws. Reproducing or making in part of whole copies (either electronically, physically, or other) is strictly prohibited.
16.0 Prohibited Uses
You agree that in accessing this Website, you will not engage or attempt to engage in any of the following:
i) Commit or encourage a criminal offence (Including but not limited to fraudulent activities as detailed in clause 18.0)
ii) Transit or distribute a virus
iii) Breach confidentiality,
iv) Act or be obscene or offensive to the Service or its users
v) Hack into any aspect of the Service
vi) Corrupt or infringe on data or the businesses proprietary rights/materials.
vii) Send unsolicited advertising or promotional materials (I.e “Spam”)
viii) Make or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website
ix) Download (other than page caching) or modify the Website, or any portion of the Website
x) Impersonate or falsely claim to represent a person or organization
xi) Send, or attempt to send any unsolicited marketing, advertising or promotional commercial messages for the sale of goods or services.
Any breach of the above conditions may result in:
- (a) The immediate termination/restriction of your access to the Website or any feature of the Website for any reason; and
- (b) Reporting any breaches to the relevant law enforcement authorities and disclose your identity to them.
The determination of any breach is at the sole discretion of Nefariouss and subject to clause 18.0.
17.0 User Submissions
17.1 By making any communication to the Website or by transmission to Nefariouss or to the Website by e-mail or other medium, you grant us (and each of our permitted assigns, successors, related bodies corporate, partners and their respective successors and permitted assigns) a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensee, world-wide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication in any way, in part or in whole and in any medium (including but not limited to the Website), by any means and for any purpose (including commercial purposes), and to authorize others to do so. Nefariouss, its successors, assigns and licensees may do or omit to do anything to such communications which may infringe your moral rights in such communications, including editing, altering and reproducing such communications in any manner or context, in perpetuity throughout the world.
17.2 As a user of the Website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
17.3 Nefariouss does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users of the Website will be at your own risk.
17.4 Nefariouss does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Website. If notified by a user of communications which allegedly do not conform to this agreement, Nefariouss may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Nefariouss has no liability or responsibility to users of the Website for performance or non-performance of such activities. Nefariouss reserves the right to expel users of the Website and prevent their further access to the Website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
18.0 Security and Fraud
18.1 Whilst we endeavor to provide a secure online environment, there are inherent risks associated with the transmission of information via the internet and no data transmission over the internet can be guaranteed to be completely secure. We do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Website. Although reasonable precautions have been taken, we do not guarantee that access to the Website will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.
18.2 Your credit card details are not stored by the Website, they are passed securely through a third party online payment gateway.
18.3 Upon placing an order, you agree that you are an authorized user of the credit or debit cards used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Website.
18.4 In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
19.0 Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of New Zealand and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
If you access this Website or make an order for products in a jurisdiction other than New Zealand, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. To the maximum extent permitted by law, Nefariouss makes no representations that the supply of the products or the content of the Website complies with the laws of any country outside New Zealand.
The above Terms and Conditions, the Delivery and Returns Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Nefariouss.
If any part of these terms is found to be void, invalid, unlawful or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and Nefariouss.
If you breach these 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 conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of Nefariouss.
21.0 Indemnity and Termination of Access
You indemnify us against all liabilities or losses we may incur in respect of all loss, damage, fines, penalties, demands, expenses (including legal fees on a full indemnity basis), howsoever arising under common law (including negligence) or under statute, in connection with any of the following:
- (i) any breach of these Terms by you;
- (ii) your use of the Nefariouss Website or content; or
- (iii) your communications with Nefariouss
We reserve the right to terminate or restrict access to Nefariouss, the Website, or anything directly associated, at any time for any reason in its sole discretion without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
22.0 Transfer and Assignment
If Nefariouss merges with, sells to or otherwise changes control of its business or the Website, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content and rights that Nefariouss has collected from you and any agreements it had made with you in connection with your use of the Website.
Nefariouss is providing this Website and its contents on an 'as is' basis and use of this website is at your own risk. The content may contain inaccuracies or typographical errors. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the website. Nefariouss and each of its related companies, affiliates, licencors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this Website (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations (including under the New Zealand Consumer Law), none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website.
Use of the Website and the content is at your own risk. Changes are periodically made to the Website, and may be made at any time.
Nefariouss does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Website or the content results in the need for servicing or replacing equipment or data, Nefariouss is not responsible for those costs.
The Website and content are provided on an 'as is' basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchant ability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Nefariouss and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Your ability to purchase goods or services from this Website may be terminated by us at any time without notice. All restrictions, licenses granted by you and limitations of Nefariouss's liability will survive termination.
25.0 Contacting Us
If you have any questions regarding the Website or Terms and Conditions please contact us via the “Contact Us” page located at the bottom of the Website and following instructions from there.
Last updated: 12/02/2020