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Terms Conditions


Terms of Use

These terms and conditions (Terms) govern your use of the NiAlma website nialma.com. Your use of this website will mean you accept these Terms.

Definitions

"we/us/our/ours" means NiAlma Global Limited.

"you" means the person whose order for products has been accepted by us.

"products" means the products that NiAlma has offered and agreed to supply to you in accordance with those Terms.

Website Rights

The website design, and all information and other materials displayed are protected by copyright.

Except as permitted in these Terms or with our written permission, you are prohibited from using or reproducing all or any part of the material on this website.

The trade marks, service marks and logos (whether registered or unregistered), are the intellectual property of NiAlma and must not be used or modified in any way without our prior written consent.

Security

When you are entering your credit card information, a secure server is used. Secure Sockets Layer (SSL) encrypts such information.

Accuracy of Information

NiAlma attempts to ensure that all information (including but not limited to the description of fabric and products and their photographic representation) on the website is complete, accurate and current. Despite our efforts, this may not be the case and therefore we make no representation in relation to the completeness, accuracy or currency of any information on the website. For example, colours shown on your monitor may differ to the actual colour of garments or fabric due to technical reasons beyond our control.

Website Changes

We may revise these Terms at any time and from time to time by updating the website. You should visit this website from time to time to review the then current Terms, because they are binding on you.

We reserve the right to make changes, suspend or discontinue all or any aspect of the website at any time without notice.

External Sites

This website may contain links to websites of third parties (external sites).

NiAlma makes no warranties and accepts no liability in relation to material contained on external sites.

Severability

If any part of the Terms shall be declared invalid, void or unenforceable, such part shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.

Communication

When you place an order through NiAlma, you are required to provide a valid email address and business hours phone number (in your country) which we may use to communicate with you regarding the status of your order, shipment of products, and the provision of any other notices, disclosures or other communications relating to your order. You agree that we will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.

User Information

Other than personally identifiable information which is subject to the terms of our privacy policy, any material, information, suggestions, ideas, concepts, know-how or other communication you transmit to this website in any manner (user communications) is and will be considered non-confidential and non-proprietary. NiAlma, its affiliates and/or their designees may use any or all user communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. NiAlma:

  • may, but is not obligated to, monitor or review any user communications.
  • shall have no obligation to use, return, review, or respond to any user communications.
  • will accept no liability in relation to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy or otherwise.
  • retains the right to remove any or all user communications that include any material NiAlma deems inappropriate or unacceptable.
Limitation of Liability

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, NiAlma:

  • excludes all conditions and warranties implied into these Terms;
  • to the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
  • excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.

Without limiting the general disclaimer, NiAlma:

  • makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. NiAlma is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to date;
  • will not be liable for disruptions to this website; and
  • is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system.
Indemnification

You agree to indemnify and hold harmless NiAlma, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns or any other party involved in the creation, production or transmission of the website from and against any claims, damages, judgments, expenses, fees or costs asserted against any of them based upon your use of the website, or the services provided in relation to the website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the website or your downloading of any materials from the website.

Applicable Law

These Terms and any contract for the purchase of products will be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.

Privacy Policy

We will not collect any personally identifiable information (e.g. name, address, telephone number and e-mail address) about you unless you provide it to us voluntarily.

If you do provide us with personally identifiable information, we may use it:

  • to improve our understanding of your interests and concerns;
  • to process your order;
  • in employing other companies and individuals to perform services on our behalf (and not for use for any other purpose) eg. fulfilling orders, delivering packages, sending postal mail and emails, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service.

If you tell us you would like to receive additional information from us by email or post, we may use your information to contact you about changes to our website, new products, site and service updates and special offers we think you will find valuable. If you would rather not receive such emails or postal mail, simply advise NiAlma by email.

We will not rent, give or sell your personally identifiable information to any outside organisation for that organisation's own use without your consent except as part of the sale by us of our business and then only subject to the representations made in any pre-existing Privacy Policy (unless you consent otherwise).

You can update your profile by logging into "My Account" on the website. Anyone wishing to correct/update/delete personally identifiable information from our database should contact us at info@nialma.com. We will make reasonable efforts to service your request in a timely manner.

Any of our business partners, whose sites you may visit after clicking on a link from our site, may have less stringent privacy policies. We do not have control over their policies and urge you to read their privacy policies where available before providing any personally identifiable information. Some of our business partners, whose sites you may visit after clicking on a link from our site, may use cookies. We do not have control over those cookies.

We may collect information about you that is not personally identifiable eg the type of Internet Browser you use.

We will disclose personally identifiable information without your permission when required by law, or in good faith believe that such action is necessary to investigate or protect against suspected criminal activities in respect of our customers, visitors, associates, business partners, our property (including this site) or to others.

We will take reasonable precautions to protect your information from loss, misuse or alteration.

As we may revise our privacy policy, you should visit this website from time to time to review our privacy policy.

Order Validation and Acceptance

When you place an order through nialma.com, we may require verification of information before processing your order. Your placement of an order is an offer to purchase our product(s). We may accept your order by processing your payment and shipping the product(s), or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the product(s) has been shipped. If we decline to accept your order, we will attempt to notify you using the email address you have provided with your order.

Price and Payment

The price you pay for goods is as shown on our website at the time of order and, where applicable, includes taxes. Orders will only be accepted if there are no major errors in the prices or descriptions shown.

Payment for your order is to be made through PayPal. The website address of PayPal is www.paypal

We reserve the right to review and make changes to the prices listed on our website at any time.

Shipping and Handling

Generally, all orders will be received by you within 12 working days of receiving your order.

Shipping Limitation

All purchases from this website are made pursuant to a shipment contract. This means that the risk of loss and title for products purchased passes to you upon delivery of the products to the carrier.

Title

Title in the products will pass to you on payment in full for the products.

Compliance with Laws

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased through this website.

Import Duties/Clearance Files

For orders placed from outside Australia, you are responsible for any import duties, clearance fees and other similar taxes (where applicable) in the country to which products are shipped.

Limitations

We may:

(a) alter the availability or duration of any special offers at any time;

(b) reject any order, or any part of an order.

We will not be liable for any loss resulting from the commercial use of our products.