General Terms and Conditions for NANA WEAR AUSTRALIA and the nanawearaustralia.com website
1.1 The following general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply in their version valid as of the time when an order is placed to all contracts concluded between NANA WEAR AUSTRALIA address: 21 Seiberi Close, Blackheath 2785 NSW, Australia ABN: 82 640 966 137 (hereinafter referred to as "NANA WEAR AUSTRALIA") and you as a consumer with respect to the purchase and delivery of goods and services from the NANA WEAR AUSTRALIA Website, irrespective of the means of distance communication used. Any provisions which are in conflict or different from these conditions are not applicable, unless NANA WEAR AUSTRALIA has previously expressly agreed in writing to their application. These Terms and Conditions also apply exclusively should NANA WEAR AUSTRALIA unconditionally provide services and supplies in deviation from the following Terms and Conditions.
1.2 The acquisition of NANA WEAR AUSTRALIA goods and services in the Website is reserved exclusively to end-consumers fulfilling the following requirements:
(i) NOT concluding the transaction for the purpose of their commercial or independent professional activity; and
(ii) Having completed the 18th year of age at the time of the order. If you are under 18 years old, then the participation of your parent or guardian shall be required.
- User registration
2.1 Registration in the NANA WEAR AUSTRALIA is free of charge. It is a precondition of registration that the customer shall apply for registration as a natural person.
2.2 The customer has the right to demand deletion of the registration in writing at any time, providing the deletion does not prevent the processing of current contractual relationships.
- Placing of order and conclusion of the contract
3.1 The selection of goods displayed in the NANA WEAR AUSTRALIA Website does not constitute an offer in the legal sense, but only a non-binding invitation to you to transmit to NANA WEAR AUSTRALIA offers to conclude a purchase contract with respect to the goods and services offered by the Website.
3.2 Your binding offer is placed if you have collected the selected good(s) in the shopping cart and transmitted the order in accordance with the ordering process by selecting the option "BUY" or equivalent. Prior to transmitting the order, you can review, change or delete at any time the order information contained in your shopping cart.
3.3 Following your order placement, you will receive an automatic order confirmation by e-mail which includes the order number, the items ordered and the confirmation of receipt of your order at NANA WEAR AUSTRALIA. This automatic order confirmation does not constitute acceptance of your offer, but it only confirms to you that your order has been received by NANA WEAR AUSTRALIA.
3.4 NANA WEAR AUSTRALIA has, in its sole discretion, the right to decide whether it will accept your offer to purchase (your order) or not.
- Delivery, transfer of risk, collection of samples
4.1 The goods are dispatched to the delivery address you specified. Without indication to the contrary, delivery is effected usually within 15 working days after you received the delivery confirmation from NANA WEAR AUSTRALIA. Any information regarding delivery terms and dates is not binding.
4.2 With the delivery confirmation you will receive an electronic invoice. The risk of accidental loss or deterioration of the goods sold is transferred to you with the handover of the goods.
4.3 We do not undertake any obligation for improper use of the products.
- Prices and shipping costs
5.1 All prices published on the Website are final prices and include the statutory VAT valid at the time of ordering. The respective shipping costs and any additional costs are visible in the shopping cart and will be added to your order. No additional costs shall be invoiced to you on account of placing the purchase order.
5.2 If the prices of certain goods ordered are manifestly wrong, then NANA WEAR AUSTRALIA has the right to cancel the placed order. You have then the option to order anew the goods at the correct price.
5.3 If you exchange a product, you have to bear the additional delivery costs.
6.1 NANA WEAR AUSTRALIA offers exclusively the payment methods listed in the ordering process. NANA WEAR AUSTRALIA reserves the right to exclude certain payment methods.
6.2 Upon approval of the payment method by NANA WEAR AUSTRALIA your account will be charged and your order will be dispatched.
- Retention of title
7.1 Until full payment of the purchase price the goods supplied remain the property of NANA WEAR AUSTRALIA.
- Right of withdrawal
8.1 You have the right to withdraw from this contract within 14 days without giving any reason, unless otherwise provided for in this Section.
8.2 The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Where goods are delivered in multiple lots or pieces, the withdrawal period expires after 14 days from the day on which you acquire the physical possession of the last lot or piece.
8.3 IMPORTANT! You do not have the right to withdraw from the contract if you purchased discounted products.
8.4 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
8.5 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The notice of withdrawal or the goods to be returned are to be sent to:
In case of cancellation by e-mail: email@example.com
"Returns" In case of cancellation by returning the goods, the goods are to be sent in their original packaging to: 21 Seiberi Close, Blackheath, 2785, NSW, Australia Attention!
8.7 Consequences of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, except the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement
You will have to bear the cost of returning the goods in case of withdrawal and such goods are shipped at your risk. NANA WEAR AUSTRALIA will reimburse all payments received from you not later than 14 days from the day on which NANA WEAR AUSTRALIA is informed of your decision to withdraw from the contract, however, not before NANA WEAR AUSTRALIA has received the returning goods.
9.1 Any warranty is excluded if you have yourself caused a defect through modification or improper use of the products.
- Liability and limitation of liability
10.1 NANA WEAR AUSTRALIA is liable (1) for damages which have been caused by intent or gross negligence, (2) for claims under mandatory product liability laws.
10.2 In the event of a breach of substantial contractual obligations, the compensation shall be limited to such damages which were foreseeable and typical to the contractual relationship upon conclusion of the contract (substantial contractual obligations are those the fulfillment of which allows the proper execution of the contract and on the compliance of which you may rely on a regular basis).
10.3 A liability of NANA WEAR AUSTRALIA which would go beyond what is described in the preceding paragraph is expressly excluded, irrespective of the nature of the claim asserted.
10.4 Any defects have to be notified to NANA WEAR AUSTRALIA without delay to the address in Section 12.
- Assignment of rights and obligations
11.1 NANA WEAR AUSTRALIA has the right at all times to assign or to transfer its rights and duties under the contracts with you, in whole or in part, to third parties. You are not entitled to transfer, assign or encumber, wholly or in part, any rights or obligations under the contracts with NANA WEAR AUSTRALIA to third parties without the prior consent of NANA WEAR AUSTRALIA.
12.1 Any notices can be sent to Customer Service as follows:
In writing by post: 21 Seiberi Close, Blackheath, 2785, NSW, Australia
By e-mail: firstname.lastname@example.org
13.1 If any provision of these Terms and Conditions is or becomes, wholly or in part, invalid or void, or contains gaps, then this shall not affect the validity of the remainder of these Terms and Conditions.
14.1 In the event that NANA WEAR AUSTRALIA should not insist in requesting from you fulfillment of the contractual obligations or should fail to exercise the rights available to it, then any such behavior shall not constitute a general waiver. You shall remain bound to fulfill your contractual obligations unless NANA WEAR AUSTRALIA notifies you an express waiver in writing.
- Applicable law and jurisdiction
16.1 Any contract between NANA WEAR AUSTRALIA and yourself is subject to Australian law, excluding the conflict of laws. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and of any other intergovernmental convention is excluded.
16.2 The place of jurisdiction is Australia.
This website is owned and operated by NANA WEAR AUSTRALIA a company registered in Australia under ABN: 82 640 966 137 and with a registered office at 21 Seiberi Close, Blackheath, 2785, NSW, Australia.
NANA WEAR AUSTRALIA is the data controller of any personal information that you submit through this website and is committed to protecting your privacy and maintaining the security of any personal information received from you.
Personal Information Capture
You can access most of the pages on our website without giving us your personal information. However, you may choose to provide us with your personal information on some pages of the website.
We collect personal Information when you register and use our services or make customer enquiries, register for information from us or furnish information to us by other means. The personal Information may include your name, email address, home address, telephone number, debit/credit card data, date of birth and other information collected on registration or through other means.
We process sensitive health-related personal information upon performing the test (the Test Results).
Use of Information
NANA WEAR AUSTRALIA may collect and process your personal information for the following purposes: the provision of its services; identification and/or authentication; and marketing purposes, based on the opt-in principle.
Access to Information
Without your express permission, your personal data will not be passed on to third parties outside NANA WEAR AUSTRALIA. In the event that we appoint external service providers with the processing, management or design of the website or with the handling of the newsletter distribution, they shall be contractually bound to observe strict confidentiality and shall not be considered as third parties under data protection law. In particular, these service providers must not use your data for any other purpose than that originally stated. For the processing of your purchases you agree that NANA WEAR AUSTRALIA submits personal data to particular third parties which are responsible for payment transaction, credit check, fraud screening, and delivery of the merchandise.
NANA WEAR AUSTRALIA shall only disclose your personal data to third parties solely on an opt-in basis or when required to do so by law. You have the right to require access to their own personal data and/or has the right to correct and/or erase incorrect and/or inappropriate data.
A 'cookie' is a small text file containing small amounts of information which is downloaded to your device when you visit a website or use applications. The cookie enables the server to collect information from the browser.
We use the cookies on our website for a number of purposes, including:
to authenticate and identify you on our website and applications so we can provide you with the services you request;
to allow you to login to the website and to check that your computer is still logged in to the same session while you browse from page to page
to automatically collect information about account transactions carried out on our website;
We also use analytical cookies from additional third party providers; to deliver adverts and information more relevant to you and your interests and also to help measure the effectiveness of NANA WEAR AUSTRALIA’s advertising campaigns; and to compile reports on website activity and providing other services relating to website activity and internet usage. We may also transfer this information to third parties where required to do so by law, or where such third parties process the information on NANA WEAR AUSTRALIA’s behalf.
We use flash, session and persistent cookies on our website and applications. Flash cookies are small pieces of information stored and accessed by Adobe Flash, the browser plug-in used by sites. Session cookies are used by the server to store information about user page activities so users can easily pick up where they left off on the server's pages. Persistent cookies enable a website to remember you on subsequent visits, speeding up or enhancing your experience of services or functions required.
You can stop the tracking cookies by altering your browser’s privacy setting to block third party cookies (the process you follow will differ from browser to browser). To find out how to manage and/or delete cookies, please visit: http://www.aboutcookies.org.
Newsletters and Offers
We may inform you (by email, phone, text message, mail or otherwise) about products and services (including those of other companies and organisations) that we consider may be of interest to you. You may request to be removed by updating your subscription status in the footer of the Newsletter.
To secure your information, we have put various measures in place. Your information is safely stored on a secure network and can only be accessed by a small and select number of employees. If you need to access your personal data, you do this through a secure connection. When details are exchanged, a special coding system is used. The technology applied is regularly updated in order that we can continue guaranteeing the safety of your information and the reliability of our systems.
NANA WEAR AUSTRALIA will take adequate precautions to protect your data from loss, misuse or falsification, however, it cannot be guaranteed that this will not happen in any case. You have to be aware of the fact that the transfer of information over the Internet is never absolutely secure.