Terms & Conditions

Nashie Pty Ltd
ACN: 680 324 538

Our Disclosures:

Below are some important points to note before you make a purchase with us. For full details, please refer to the terms and conditions below:

• Our liability is limited as described in clause 8, and further limited by the other areas covered on this page.
• Products marked as “Sale” or “Non-Returnable” at the time of purchase cannot be returned unless faulty.

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1. Introduction

This website (the "Site") is operated by Nashie Pty Ltd (ACN 680 324 538) ("we", "our", or "us"). These terms and conditions ("Terms") govern your use of the Site and any purchase of products made through it. By using the Site and placing an order for any products, you agree to be bound by these Terms.

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2. Use of the Site

You must be at least 18 years old to use the Site or place an order for products through the Site. By accessing and using the Site, you agree to:

• Not engage in any unlawful activity or violate the rights of others;
• Refrain from tampering with the Site or interfering with other users' use of the Site;
• Not use the Site for the transmission of harmful code such as viruses or trojans;
• Not scrape, data mine, or otherwise extract information from the Site for commercial purposes.

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3. Accounts

When you purchase products from the Site, you may create an account. It is your responsibility to ensure that the information you provide is accurate, complete, and up-to-date. You are solely responsible for keeping your account credentials confidential and are responsible for any activity that occurs under your account.

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4. Orders

Placing an Order

You may order products via the Site by following the instructions to complete your order. When you place an order, you are making an offer to purchase the selected product(s) for the price listed on the Site (including applicable taxes and delivery fees).

We reserve the right to accept or reject any order at our discretion. If an order is rejected, we will notify you and provide a refund if necessary.

You are responsible for reviewing the order details (including delivery information and product selections) before submitting your order.

Pre-Orders

Some products may be available for pre-order, and we will indicate this clearly on the Site. While we strive to provide accurate delivery timelines for pre-order products, these are estimates, and we cannot be held liable for delays.

Order Changes and Cancellations

Orders may be cancelled or amended within 90 minutes of placement via the link provided in your confirmation email. After this window, we cannot guarantee that changes or cancellations can be accommodated.

Availability

While we do our best to keep products in stock and the Site updated, all orders are subject to product availability. In the event of stock shortages, we will notify you as soon as possible and provide an alternative solution or a full refund.

Pricing and Promotions

Prices on the Site are listed in your local currency and include applicable taxes. Delivery fees and any applicable customs duties or taxes are the responsibility of the purchaser.

Promotional discounts must be applied at the time of checkout, and cannot be used retroactively. Discount codes or promotions may have specific terms, which will be provided with each offer.

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5. Price and Payments

You must pay the full price for the product(s) you order, plus any delivery costs as outlined on the Site (collectively referred to as the "Price"). Payment methods available on the Site include credit cards, debit cards, and other third-party providers.

When paying by card, you warrant that you are authorised to use the card for the purchase. We reserve the right to refuse any payment or cancel an order if we believe payment has been made fraudulently.

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6. Delivery, Title, and Risk

Delivery

We deliver products to the address specified during the order process. Delivery options and timeframes will be listed on the Site, and any delivery times provided are estimates based on carrier information. You may be required to sign for the delivery or opt to have it left in a safe location.

We currently deliver to the areas outlined on the Site. If your location is not listed, please contact us to discuss other possible arrangements.

Risk and Title

Risk in the products passes to you upon delivery to the specified address. Title to the products remains with us until we have received full payment for the products and any associated delivery costs.

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7. Returns and Refunds

Change of Mind Returns

We offer free returns for change of mind, provided that:

• The products are in their original packaging, with all tags and labels intact, and in "as new" condition.
• The product was not marked as “Final Sale” or “Non-Returnable” at the time of purchase unless faulty.
• You provide us with a photograph of the item(s) before shipping them back for inspection. 
• The item has not been used at all, especially in water.

We reserve the right of judgement for whether an item has been used by the customer.

To initiate a return, please use the form on our contact page with your order details. If you return part of a bundle purchase, the discount applied to the bundle will no longer be valid, and the kept product(s) will revert to the regular price.

We do not cover the costs of return shipping for change of mind returns unless the item is faulty.

Australian Consumer Law

In addition to our returns policy, you may have rights under the Australian Consumer Law (ACL). If the product is faulty, does not meet the expected quality, or fails to match the description provided, you may be entitled to a refund, repair, or replacement. If your ACL claim is valid, we will also refund the cost of return shipping.

For further details, please refer to the section on ACL in these Terms.

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8. Limitations of Liability

Despite anything to the contrary, but subject to your rights under the Australian Consumer Law:

• We are not liable for any indirect, consequential, or special losses (such as loss of profits, business, or goodwill).
• Our aggregate liability under these Terms is limited to the amount paid by you for the product(s) in question.
• Our liability is further limited by the other terms on this page.

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9. Intellectual Property

All content on the Site, including text, images, logos, and software, is owned by or licensed to Nashie Pty Ltd. You may use the content for personal, non-commercial purposes. Any reproduction or distribution without prior written consent is prohibited.

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10. User Content

You may be able to post content, such as reviews, on our Site. By doing so, you grant us the right to use, modify, and share your content. You warrant that any content you post is your own, does not infringe third-party rights, and complies with these Terms.

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11. Disputes

Before initiating legal proceedings, both parties agree to first attempt to resolve any disputes amicably through mediation. If mediation is unsuccessful, the dispute will be referred to the courts of South Australia.

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12. Governing Law

These Terms are governed by the laws of Queensland. Any disputes arising from or relating to these Terms or your use of the Site will be resolved in the courts of Queensland.

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13. Product Use Guidelines: Products are for use in Calm Conditions Only

The Nashie Swim Shirts are designed for use in calm, leisure environments such as casual swimming, lounging by the pool, or gentle wading in the ocean. Only use a Nashie product where you can comfortably stand up in the water, and while you are not near any areas that may take you out of standing water depth.

Our products are not intended for use in rough conditions, high-impact activities, or any type of sports, including water sports. Below is a detailed explanation of the usage restrictions:

13.1. No Use in Rough or High-Impact Conditions

The Nashie Swim Shirt is not built to withstand harsh environmental elements or rough physical conditions. This includes, but is not limited to, activities such as:

• Heavy Surfing or Waves: The material and construction of the shirt are not designed to endure the forces of large waves or strong water currents.
• Windy Conditions: High winds can cause excessive strain on the shirt, leading to damage, such as tearing or fraying at the seams.
• Rough Terrain or Abrasive Surfaces: Wearing the shirt in rocky environments, on sharp surfaces, or when in contact with coarse materials (like stones, or coral reefs) could cause permanent damage to the fabric and compromise the shirt's durability.

13.2. Unsuitable for Sports or Physical Activities

The Nashie Swim Shirt is not intended for any type of athletic or high-mobility activity. The shirt is specifically crafted for comfort and style in low-intensity, relaxed settings. The following sports and activities should be strictly avoided while wearing the Nashie Swim Shirt:

• Water Sports: Do not use the shirt for water sports such as surfing, jet skiing, wakeboarding, or kite surfing. The material is not designed to handle the rapid movements, water friction, and impact that these activities involve.
• Swimming in Open or Rough Waters: Avoid wearing the shirt when swimming in rivers, lakes, or the open ocean where strong currents, tides, or water debris may be present. These conditions may subject the shirt to excessive force and wear.
• High-Intensity Sports: Do not use the shirt for sports like beach volleyball, soccer, or any other physical activities that involve running, jumping, or vigorous movements. The shirt is not constructed for such activities and may become damaged.
• Diving or Snorkeling: While snorkeling or diving requires specific equipment, using the Nashie Swim Shirt in these activities could lead to abrasions or tears due to underwater contact with coral, rocks, or other abrasive surfaces. It could result in other injuries as well, as we do not recommend it is used for these activities.

13.3. General Care and Maintenance

Wearing the shirt outside of its intended calm and relaxed use could significantly decrease its lifespan, or lead to serious injury, or death. The fabric and stitching are specifically chosen for light, leisurely conditions and may not tolerate excessive strain or tension. For long-term enjoyment of your Nashie Swim Shirt, please ensure that:

• The shirt is only worn in gentle water conditions, such as swimming pools or shallow, calm ocean waters.
• You avoid any situations where the shirt could be snagged on objects, pulled excessively, or stretched beyond its natural fit.
• The shirt is not subjected to extreme forces, such as high-speed impacts, strong water pressure, or direct contact with abrasive surfaces.

13.4. Consequences of Improper Use

Failure to adhere to these guidelines may result in permanent damage to the Nashie Swim Shirt, including but not limited to:

• Tearing of fabric
• Stretching of seams and collars
• Abrasion marks, scuffs, and holes
• Loss of water resistance (if applicable to certain design features)
• Injury or death

Improper use, such as wearing the shirt in rough conditions, out of comfortable standing depth water, or for high-impact activities, will void any warranties or guarantees provided by Nashie Pty Ltd and the company cannot be held responsible for any injuries, or death, caused by their products. As a result, we will also not be responsible for repair, replacement, or refund of any product damaged due to misuse or improper care.

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Contact Details

For any questions, feedback, or notices, please contact us at:

Nashie Pty Ltd
ABN: 18 680 324 538
Email: contact@thenashie.com.au