Terms & Conditions
Welcome to the Noir Body web site. The following document contains the Terms and Conditions that govern your use of this Noir Body website. Your rights and responsibilities are outlined below. Please take the time to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this web site.
This Site is owned and operated by Noir Body ABN 75 741 860 683 (hereinafter referred to as “'we', 'us', 'our' or 'it'). Noir Body reserves the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for and such changes.
Order Cancellation Requested By Customer
Orders cancelled at the request of the customer may incur a fee of $10 or 10% of the order value (whichever is greater). This is chargeable at the discretion of Noir Body management.
Product Description and Colours
We have done our best to display as accurately as possible the description and colour of the products shown on this web site. However, we rely on information provided to us by our suppliers and because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Product weights used for product descriptions on the website refer to the net weight of products only and do not include the weight of any other components such as packaging.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst we make every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Additional terms and conditions may apply to the purchase of goods and to specific portions or features of the website, all of which terms are made a part of these Terms and Conditions by this paragraph.
You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age and are the ultimate recipient of the product. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service. You are liable for and will bear all costs of delivery, including insurance, taxes and duties until receipt of the Products except where the purchase price includes the cost of delivery. For overseas orders, we cannot take responsibility for parcels seized by Customs as these are events and circumstances which are out of our control, or for parcels seized by authorities because they may contain a product that is not approved for import into the country to which they are being sent. By placing an order with us, you hereby covenant and agree that you are legally entitled to place an order for the goods requested and that all risk and title passes to you upon dispatch of the same ex the Noir Body warehouse.
Communication from us
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Your use of the Website
While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar individuals thought to be conducting such activity.
You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us or the owner of the same. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify us under this Section, we will have the right to control the defense, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without our express written permission.
Limitation of Liability
WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
Our Warranty does not cover in-transit damage; failure to comply with the original suppliers warranty; willful abuse or misuse. This warranty is voided if the goods have received maltreatment, inattention or interference of any kind. Our responsibility does not cover any products used in breach of manufacturer warranty, any loss or damage caused by products not used according to product instructions, consequential damage or incidental damages, personal injury, lost profits, lost savings or other economic damages, intentional acts, war, hostilities, terrorism or vandalism or acts of god.
We sell our products by specification. You decide what purpose to use them for. We make no representation to this extent.
If something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way then we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. If delay or failure to deliver is caused by force-majeure or labor dispute we may suspend delivery, supply or completion and/or terminate the contract. Force-Majeure means an act of God, war, lightning, fire, earthquake, storm, flood explosion, unavailability or delay in availability of equipment materials or transport, and any other cause whether of the kind specifically enumerated or otherwise which is not within our control. Whilst we shall use reasonable endeavors to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of an order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications. Delivery times are estimates only and we are not liable for delays or loss during delivery. In this respect you agree that time is not of the essence. We may deliver in any number of installments.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Queensland without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its’ subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The invalidity or un-enforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
What sort of information do we collect?
We collect personal information in accordance with the relevant privacy laws in Australia. Personal information is collected about you only when you on registration or when you visit certain parts of a website where you are invited to provide content, submissions and suggestions or participate in interactive online activities (i.e. community postings, voting, chat, games, or bulletin boards). Personal information can include your name, e-mail address, credit card details, demographic information about you (such as your postcode and age) and any other information of a personal nature which you provide. While we strive to protect our user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
We also collect non-personal information such as your IP address and use 'cookies' on the website. The information it obtains from collecting IP addresses and using 'cookies' is not personal information about you. For more information, please read the section on IP addresses and cookies below.
How do we use and disclose personal information?
We use personal information to fulfil orders and for feedback purposes (to the extent that is explained when users provide the information), to process e-commerce transactions or to contact you about products or services or send you information that may be of interest to you.
A user's email address will not be posted by us on our website. If we plan to post your personal information on the website, you will be given prior notification of such posting and given the option of preventing such posting.
Please note, if you provide your credit card information to us in order to conduct an e-commerce transaction on the website, we will provide your information to participating merchants in order to process that transaction. We are not responsible for how that information may be used by participating merchants. From time to time we may make our mailing list available to carefully selected companies whose products or services may be of interest to you. If you would prefer not to receive offers from these other companies please let us know at the time of ordering by phone or email to: email@example.com
Please note that financial information and any information you have provided regarding your health will never be shared.
We will not transfer personal information about you to an organisation outside Australia without your consent. If at any time we are required by law or legal process to release personal information about you, we must cooperate fully.
You must be 18 years of age or over to use this site.
How do we keep your personal information secure?
We cannot guarantee, in every circumstance, the security of the personal information you provide on the website. All incoming encrypted information is routed through our website firewall, which serves as a gatekeeper for our system. Only data containing the correct authorisation is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity.
How do we use IP Addresses and 'Cookies'?
We also use aggregated information (which is information recorded in any form about more than one individual) where the identity of the individual is not known and cannot be inferred from the information. We may use aggregated information to describe our User base to current or potential partners, investors and advertisers; after a survey, to understand and respond to market needs and preferences; or to make recommendations to other Users of our Website.
Changes to Privacy Statement and Terms & Conditions
We reserve the right to modify this privacy statement and terms & conditions at any time, so please review it frequently.
- Credit / Debit Cards