NOMI Terms and conditions 2017
1. About this website
1.1 This website is owned and published by NOMI Pty Limited ACN 158 293 951 trading as NOMI (“NOMI” or “we” or “us” or “our”).
1.2 By entering, accessing, browsing or using this website in any way, you agree to comply with the following Terms and Conditions and any other laws or regulations which apply to this website.
1.3 By using this website, you acknowledge that you have read and understand all of these Terms and Conditions and agree to be bound by them.
1.4 If you do not accept these Terms and Conditions, you must refrain from using or making a purchase from this website.
2. General Information
2.1 Photographs and models are for illustrative purposes only and may vary from products depicted or described.
2.2 Reproduction of colours is as accurate as possible, but please note that colours on actual products made and shipped may vary slightly from what is displayed on your monitor.
3. Website Content
3.1 NOMI may, at any time, add or remove content from this website without notice.
3.2 Any articles, information or content published on this website must be read subject to these Terms and Conditions.
3.3 Although NOMI uses its best endeavours to confirm the accuracy of any information, photographs and product 3D renders published on this website, you agree that NOMI cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to NOMI by its suppliers.
3.4 The information, materials and services on this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
3.5 Neither NOMI nor any third party will be liable for any errors in content, or for any actions you take in relying on them. Neither you nor any other person may hold NOMI liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
4.1 All references to $ and dollars on this website are to Australian currency.
4.2 All prices listed on this website include all applicable taxes unless otherwise specified.
4.3 All prices displayed on this website are subject to change without notice. Prices for items in an order are fixed once your order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed orders.
4.4 You agree to pay delivery charges as they are calculated and listed in the order confirmation at the time of purchase.
4.5 Free shipping offers are given at the sole discretion of NOMI and may incur additional charges for delivery to remote areas as defined by NOMI and its shipping partners.
4.6 NOMI reserves the right to refuse a sale.
5. Advice and technical information
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by NOMI in relation to any product(s) is given in good faith and is believed by NOMI to be appropriate and reliable at the time it was given. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by NOMI in relation to any products supplied by NOMI is approximate only.
6. Your use of this website
6.1 You agree to use this website only for purposes that are permitted by these Terms and Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.
6.2 You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host it. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
6.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
6.4 NOMI may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
6.5 NOMI may in its sole discretion restrict your access to this website. If NOMI does this, you may be prevented from accessing all or parts of this website, your details or other content contained in your account. NOMI will not be liable to you or any third party for doing so.
6.6 As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
7. Intellectual Property Rights
7.1 You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website are owned by NOMI.
7.2 The intellectual property rights including moral rights in respect to all furniture products displayed and available for sale on this website as at September 2013 are owned by Tomahawk Studio Pty Ltd trading as Archer Office (78 162 692 293).
7.3 You acknowledge that any intellectual property rights in relation to these Terms and Conditions remain the property of their respective owners and must not be used in any manner without the prior written consent of the owners. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any of them.
7.4 Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. NOMI makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
7.5 You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.
7.6 You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
7.7 If you correspond or otherwise communicate with NOMI, you automatically grant to NOMI an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved services and products.
8. Delivery and ownership of the products
8.1 NOMI uses all reasonable endeavors to ensure that all products are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. NOMI does not accept any liability for loss or damage caused to or suffered by anyone as a result of any such delays.
8.2 The date of dispatch listed on this website is the estimated date of dispatch as is reasonably estimated by NOMI and is subject to change without notice.
8.3 Once the order is ready for dispatch from NOMI’s manufacturer, customers will be notified by e-mail, phone or text message regarding the anticipated delivery date and time.
8.4 NOMI will not dispatch orders to PO Box addresses.
8.5 Title and risk of the products ordered on this website will pass to the customer on signing for delivery of the product(s).
8.6 Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
8.7 NOMI’s nominated courier will deliver the product(s) during business hours (9am to 5pm, Monday to Friday)
8.8 NOMI is not responsible for the delivery times of product(s).
8.9 Once products(s) have been dispatched, NOMI will liaise with NOMI’s nominated courier company in relation to the anticipated date of delivery and keep the customer informed in relation to anticipated delivery dates and times.
9. Faulty or damaged product(s)
9.1 NOMI will repair or replace damaged or faulty product(s) in accordance with these Terms and Conditions only.
9.2 Where a product is damaged or faulty within the first 14 days after delivery or is already damaged on delivery, and you as the customer notifies NOMI of that fault within the first 7 days after delivery, in accordance with the provisions in this clause 9,
(a) Replace or Repair the faulty product(s); or
(b) If NOMI is unable to provide a new replacement, NOMI has the option to offer a full or partial refund dependent on the amount of damage to the product.
(c) Where a new replacement is available, and the customer elects to receive a credit note instead of a replacement, the credit note will be for the amount of the purchase price excluding the redelivery cost.
(d) The 7 Day period will commence on the date that the customer accepts delivery of their NOMI product(s). Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
9.3 Outside of this 7 Day period, faults will be dealt with in accordance with the terms and conditions outlined in clause 11 Product Warranties.
9.4 Where products are already damaged on delivery, NOMI requires photographic evidence of the damage to be e-mailed to email@example.com before authorising a return of the product(s).
9.5 NOMI reserves sole discretion to determine whether the product(s) are faulty or damaged in accordance with this clause 9.
10. User warranties and representations
10.1 As a condition of your use of this website, you warrant that:
(a) you are at least 18 years of age;
(b) you will use this website only in accordance with these Terms and Conditions; and
(c) the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.
11. Product Warranties
11.1 Each product sold on this website is covered by a 12 month standard warranty in respect of to any fault, problem, defect or error in relation to the following:-
(a) construction of the furniture products (excluding customer assembly);
(b) workmanship and manufacturing; and
(c) all timber related joints and final pre assembly components.
11.2 To the extent permitted by law, the warranties referred to this clause 11 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
11.3 NOMI will carry spare parts for each product for 12 months as the case may be. NOMI does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, NOMI reserves the right to refuse to supply spare parts where limited stock is available.
11.4 Certain legislation may imply warranties or conditions or impose obligations upon NOMI which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which NOMI is able to do so, its liability will be limited, at its option to the replacement of the product(s) or resupply of equivalent product(s); repair of the product(s); payment of the cost of replacing the product(s) or acquiring equivalent product(s); or the payment of the cost of having the product(s) repaired.
12. Returns, credit notes and refunds
12.1 In accordance with NOMI’s Return for Any Reason policy on standard times (i.e. valid on orders of a value of less than $10,000 comprising of products that are not polished with a custom colour, that are of a standard size, and do not have custom upholstery) where you as the customer decide within the first 48 hours after delivery that you wish to return the product for any reason, you must:
(a) notify NOMI of your desire to return the product.
(b) retain all original packaging and wrap the product in a safe and secure manner so that it may be returned to NOMI without damage, or without further damage in the event that damage to the product(s) has already occurred.
(c) where the original packaging is either damaged or no longer suitable to protect the product once shipped, you as the customer must arrange by whatever means to have the product(s) safety and securely wrapped.
(d) once appropriately wrapped, you as the customer shall arrange for a person to be available to allow the delivery company to be able to pick up the product(s) being returned.
(e) pay for the return shipping costs.
12.2 Where you as the customer decides to return the product(s), NOMI must:
(a) coordinate with the you as to a suitable time for the product(s) to be picked up by the shipping company once the product(s) are ready and available for pick up.
(b) provide you a credit note equal to the amount paid for the product(s) less the applicable return delivery charge once the returned product(s) have been received by NOMI.
12.3 In order to facilitate a return under these Terms and Conditions, e-mail firstname.lastname@example.org.
12.4 The customer must comply with directions from NOMI staff to facilitate a return.
12.5 It is the customers responsibility to ensure that returned items are returned safely. NOMI takes no responsibility for items lost in transit.
12.6 NOMI does not provide refunds.
13.1 We gather personal information about our customers for the purposes of:
(a) marketing, supplying or delivering our products to you;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our products; and
(d) expanding our business.
13.2 NOMI is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
13.3 NOMI will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause.
13.4 In the process of dealing with our customers, we may collect and hold the following types of information:
(a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as other websites, magazines and newspapers.
(b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
13.5 The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
13.6 We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide a warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
13.7 You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us by e-mail at email@example.com. An administration fee may be charged for the retrieval of any personal information.
14.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of NOMI (in negligence or otherwise) is limited (at the option of NOMI) to the resupply of product(s), or the cost of having the product(s) supplied again. You agree that NOMI shall not be held liable for any indirect or consequential loss.
14.2 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of NOMI (in negligence or otherwise) is limited (at the option of NOMI) to these Terms and Conditions and those listed in related NOMI warranties.
15. Force Majeure
NOMI will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
16. Governing Law
16.1 These Terms and Conditions will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of that State and Country. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions, which will continue in full force and effect.
16.2 If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. NOMI makes no representations that the content of this website complies with the laws of any country outside Australia.
17. Quote Generator and 3D Engine Terms
17.1 Price and Payment
– Best efforts are made to generate accurate real-time pricing however NOMI;
o Reserves the right to increase, decrease or leave unchanged the pricing generated by the real time quoting system. This is in relation to product sizes, materials and colours.
o Reserves the right to increase, decrease or leave unchanged all delivery costs generated by the real time pricing system.
o Reserves the right to increase, decrease or leave unchanged all assembly costs generated by the real time real time pricing system.
– Full payment or deposit is required to begin work on your order. Deposit amounts will vary depending on order size.
– All prices are in AUD.
– All prices include GST unless otherwise specified.
– Quotes are valid for 1 month.
Design modifications outside of what is available on nomi.com.au are not possible.
17.2 Order confirmation
Your order is confirmed when payment is received (in full or deposit). Your quote/invoice will be added to you “My Orders” section of nomi.com.au. This document supersedes all prior correspondence in relation to your order (verbal, written, graphic or otherwise). We will proceed with your order, unless we receive written notification of any requested changes within 24 hours.
Delivery times will be arranged with you once goods are ready for dispatch. Prior to delivery please provide us with full written details of any difficulty to access eg. stairs, delivery dock, lift etc. We reserve the right to charge additional costs for unusual access not advised in writing.
– Standard delivery gives you an 8-hour delivery window Monday to Friday. The freight charge covers a single delivery at ground level during normal weekday delivery hours.
– Premium delivery is a 2 hour delivery window Monday to Saturday. The freight charge covers placement into your home/office. Please note this does not include assembly or rubbish removal.
– Best efforts are made to generate accurate lead-time calculations however NOMI reserves the right to change these estimates at any stage.
17.5 Custom colours
– The Dulux colours are applied as a wash to the NOMI range. We cannot guarantee the colour will match other applications of the Dulux range at other times or on other materials.
– Best efforts are made to polish products in a consistent manner however this is a manual process and differences may occur between products that are polished at different times or applied to different materials.
Inspection of products is required on delivery. Any damage must be noted on delivery docket presented to you by carrier for signature. Notification is required within 48 hours to our sales office of any damages or shortages. We will not be responsible for any damage unless we are notified within time period specified above.
Please choose carefully, we do not give refunds for change of mind or wrong decisions. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website.