Terms and Conditions

Please read these Terms carefully as they contain important information regarding Your rights and obligations under this agreement and their dealings with Aidan By Nadia.

These terms and conditions are used by all customers of Aidan By Nadia.

1. Definitions and Interpretation

In these terms and conditions:

1.1 Aidan By Nadia means AIDAN BY NADIA (ABN 62 853 227 903).

1.2 Business Day means any day that is not a Saturday, Sunday or a public holiday in New South Wales.

1.3 GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

1.4 Loss means any cost, damage, loss, expense or liability whatever incurred or suffered by, or brought or made or recovered against, the person and however arising including legal costs on a full indemnity basis.

1.5 Orders means the order or orders made for a Product via the Website or such other means accepted by Aidan By Nadia.

1.6 Privacy Act means the Privacy Act 1988 (Cth) as amended.

1.7 Product means the products offered for sale by Aidan By Nadia (or its authorised distributors or retailers) via the Website.

1.8 Services means any service offered by Aidan By Nadia in accordance with these Terms and includes the supply of Products.

1.9 Terms means the terms and conditions set out in these standard terms and conditions, including such other terms agreed by Aidan By Nadia and You in writing.

1.10 Website means the website provided by Aidan By Nadia (including the website of its authorised distributors or retailers (if any)) which allows You to order Products; which includes www.aidanbynadia.com or any other web service, software, applications or media managed by Aidan By Nadia or its authorised distributors or retailers.

1.11 You or Your means the person, firm or organisation entering into, or that has entered into, a contract, transaction or arrangement to:

1.11.1 receive or make use of a Product; or

1.11.2 make use of the Website; or

1.11.3 request a Service; or

1.11.4 otherwise deal with Aidan By Nadia in accordance with these Terms.

1.12 If there is more than one customer, these Terms bind them jointly and each of them severally.

1.13 The whole or any part of any clause of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

1.14 The failure of a party at any time to insist on performance of any obligation under these Terms is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver.

1.15 Any written notification by Aidan By Nadia to You may be made by any means as determined by Aidan By Nadia.

1.16 These Terms and any document expressly referred to in them constitute the whole agreement between you and Aidan By Nadia and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Aidan By Nadia and You relating to the subject matter of any contract.

1.17 Aidan By Nadia may revise these Terms at any time. You should check the Website regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that You use the Website or receive the Services.

2. Application

2.1 The Terms apply to each contract, transaction or arrangement arising in respect of:

2.1.1 Your use of the Website; and

2.1.2 the supply of Services or Products to You.

2.2 You must use the Website to access the Products.

2.3 By using the Website or purchasing the Products You acknowledge and agree that:

2.3.1 You can legally enter into a contract;

2.3.2 You are above the age of 18 years;

2.3.3 You have read and understood the Terms and You agree to be bound by the Terms. You should not request the supply of Services or Products or make use of the Website if You do not agree to the Terms;

2.3.4 You are acquiring the Products for private and non-commercial use and not for the purpose of re-supply in trade or commerce;

2.3.5 Aidan By Nadia has made no representation to You or provided you with any undertaking which is not expressly set out in writing concerning the Products (including, but not limited to, the fitness or suitability of the Products for a particular purpose or any other matter);

2.3.6 Expect for any representation or warranty made expressly to You in writing, You have not relied upon any advice or representation made by Aidan By Nadia in respect of the Products;

2.3.7 Any description of the Products contained on the Website is approximate only and is given by way of identification only and the use of such description shall not be binding on Aidan By Nadia. You agree to release Aidan By Nadia, and You acknowledge that You will not make a claim against Aidan By Nadia, for any misdescription of a Product.

3. Website Access and Terms

3.1 You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

3.2 When You use the Website or register an account, You will provide personal information such as Your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current.

3.3 By accessing any part of the Website, You indicate that you accept these Terms. You should not place an order for any Product if you do not accept these Terms.

3.4 You are responsible for making all arrangements necessary for You to have access to the Website.

4. Ordering

4.1 You may make an Order from the Website or such other means as advised by Aidan By Nadia.

4.2 Products may not be available to You if You are located outside of Australia. Please contact Aidan By Nadia via the Website prior to ordering a Product if you require delivery outside of Australia to confirm if delivery to You is possible.

4.3 If You are making an Order from the Website then:

4.3.1 You must provide information required by the Website in order to complete the Order. It is important that the information You provide is correct before submitting your Order. Once you submit your order You may not change or cancel your Order or rectify any errors in Your Order. Aidan By Nadia is not liable for any Loss suffered by You as a result of You incorrectly providing information at the time You place an Order.

4.3.2 You must make payment in full for the Order at the time You submit your Order.

4.4 Clause 6 sets out the amount that You will be charged when making an Order.

4.5 Aidan By Nadia accepts payments made by Visa Card, Master Card, American Express, Paypal and such other means determined by Aidan By Nadia from time to time Aidan By Nadia may:

4.5.1 suspend or terminate such payment methods at its sole discretion;

4.5.2 apply a surcharge to such payments at a rate or rates determined by Aidan By Nadia.

4.6 Aidan By Nadia in its absolute discretion may for any reason reject an Order made by You. Aidan By Nadia is not liable for any Loss suffered by You as a result of such rejection.

5. Payment and Delivery

5.1 Payment for Orders must be made through the Website by such means accepted by Aidan By Nadia.

5.2 Payment will be processed before the Product has been delivered to You.

5.3 The delivery address will be the address submitted by You at the time of making Your Order.

5.4 Upon dispatch of Products contained in Your Order, You will receive an email confirmation containing the tracking details and estimated time of delivery of the Products contained in Your Order.

5.5 Any delivery time or date provided by Aidan By Nadia is an estimate only (“Estimated Delivery Time”). Aidan By Nadia will not be liable for any Loss suffered by You as a result of a failure to deliver Products to You by the Estimated Delivery Time.

5.6 If Your Order cannot be delivered due to a Force Majeure Event (referred to in clause 16 below), Aidan By Nadia may cancel Your Order and provide you with a refund.

5.7 Aidan By Nadia is not responsible for the delivery of any of the Products or the means in which the Products are delivered to You. Aidan By Nadia takes no responsibility for orders lost or damaged by a delivery contractor.

6. Price

6.1 Prices for Products on the Website are in Australian dollars (“Product Price”). These prices include GST unless otherwise stated.

6.2 In addition to the Product Price, You will be charged a delivery fee (“Delivery Fee”) and any other fee determined by Aidan By Nadia from time to time to cover any costs incurred by Aidan By Nadia as a result of Your Order. Aidan By Nadia will notify you of the Delivery Fee and any other fees at the time of submitting Your Order on the Website.

6.3 In the event of an incorrect price or fee being referred to on the Website or at any time prior to You making an Order (“Pricing Error”), Aidan By Nadia reserves the right to recover from You any cost incurred by Aidan By Nadia or Loss suffered by Aidan By Nadia arising directly or indirectly from or in connection with the Pricing Error.

7. Customer Care and Returns

7.1 If your Order is taking longer than expected or you have any other problems with your Order, please contact Aidan By Nadia via the contact details contained on the Website.

7.2 Any request to cancel an Order (or part of an Order) must be made by You in writing (“Refund Request”).

7.3 It is Your obligation to ensure that the Product suits your needs or requirements (including your body measurements).

7.4 Made to order custom products are made to individual measurements provided by the customer in our Sydney studio. Once the order is placed we do not allow alterations to sizing or material nor do we allow returns or exchanged for change of mind purchases. If there is a problem with your order you must write to us through our website using the “Online Form”.

7.5 Our Ready to wear products can be returned or exchanged within 20 Business Days of the date that You purchased that Product only if the Product is in the following sellable condition (“Acceptable Return Condition”):

7.5.1 The swing tags are still attached to the Product;

7.5.2 The Product has not been used;

7.5.3 The Product has not been washed;

7.5.4 The Product is not discoloured or has been affected by the sun.

7.6 Aidan By Nadia (acting reasonably) shall determine whether the Product is in an Acceptable Return Condition.

7.7 If You believe that a ready to wear Product is of an Acceptable Return Condition then You must email Aidan By Nadia (via the online returns form) that You wish to return such Product. This request must be made within 20 Business Days of the date that You purchased the Product otherwise Aidan By Nadia is not obliged to exchange, refund, or accept a return of, the Product.

7.8 After a return request is received by Aidan By Nadia, Aidan By Nadia will provide You with instructions as to the process of returning the Product to Aidan By Nadia.

7.9 All freight and delivery costs to return the Product to Aidan By Nadia is payble by You.

7.10 If Aidan By Nadia determines that the Product is not in an Acceptable Return Condition, then Aidan By Nadia:

7.10.1 may reject Your return request; or

7.10.2 is not required to refund any monies to You; or

7.10.3 will return the Product to You (at Your cost and once such costs have been paid by You).

7.11 If Aidan By Nadia determines that the Product is refundable, then Aidan By Nadia will endeavour to refund Your payment (less any delivery or transfer fees or any taxes) within 10 Business Days of the Product being received by Aidan By Nadia.

8. Intellectual Property

8.1 Unless otherwise stated, all of the content of the Website, including (but not limited to) Product logos and marks, all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features, software, and all trade marks, service marks and logos contained in the Website and all other intellectual property material or rights in the Website or a Product (“Intellectual Property”) are owned by Aidan By Nadia or its licensors.

8.2 The Intellectual Property made or conceived, whether alone or with others, in the course of or arising out of these Terms will become the sole and exclusive property of Aidan By Nadia.

9. Use of the Website

9.1 You may only use the Website for Your own personal and non-commercial use.

9.2 You must not:

9.2.1 misuse the Website (including by hacking or "scraping"); and

9.2.2 copy, reproduce, modify or distribute the Intellectual Property without Aidan By Nadia’s prior written consent.

9.3 You must not post, upload or transmit to or from the Website any material that:

9.3.1 breaches any applicable local, national or international law;

9.3.2 is unlawful or fraudulent;

9.3.3 amounts to unauthorised advertising;

9.3.4 contains viruses or any other harmful programs;

9.3.5 contains any defamatory, obscene or offensive material.

9.4 The material or information contained on the Website are for information purposes only and do not constitute advice from, or representations of, Aidan By Nadia.

9.5 To the extent permitted by law:

9.5.1 Aidan By Nadia reserves the right to (in its the sole discretion) remove or edit at any time any material or information posted, uploaded or transmitted to the Website that may breach clause 9.3 or may expose Aidan By Nadia or any third parties to any Loss or for any other reason; and

9.5.2 You agree to release Aidan By Nadia from any Loss suffered by You or any other person for any material or information provided to You by Aidan By Nadia that is misleading or is incorrect.

9.6 Access to any part of the Website may be suspended temporarily or indefinitely at any time and without notice to You. Aidan By Nadia will not be liable for any Loss suffered by You as a result of a failure to access or use any part of the Website at any time.

10. Links to Other Websites

10.1 Links to third party websites or other advertising on the Website on the Website are provided solely for Your convenience (“Third Party Websites”). Aidan By Nadia does not warrant that the representations made on these Website are true and correct nor does Aidan By Nadia warrant the accuracy or safety of these websites.

10.2 You agree that Aidan By Nadia is not be liable for any Loss suffered by You as a result of Your use of Third Party websites.

11. Warnings and Disclaimers

11.1 Aidan By Nadia may amend or vary the material on the Website or the Products and prices described on it, at any time without notice to You.

11.2 Any specials listed on the Website are subject to change.

11.3 If You have any allergy concerns that may be affected by Products then before submitting Your Order You must confirm with Aidan By Nadia that the Product does not contain material, or is made in such a way, that may cause You ill health or sickness or may otherwise harm You.

11.4 To the extent permitted by law, Aidan By Nadia is not liable for, and You expressly agree to release Aidan By Nadia against, any Loss or harm suffered by You resulting indirectly or directly from the use of Products.

11.5 Before using a Product You should seek medical advice about the use of the Product to ensure that it is safe for You to use.

11.6 The pictures and other images used in the Website are indicative only and may not be a true representation of the Product or an actual photo of the Product.

11.7 Aidan By Nadia provides You with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, Aidan By Nadia excludes all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Products, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).

12. Liability

12.1 All delivery services is the sole responsibility of the delivery contractor that delivers the Order. Aidan By Nadia is not liable for, and You expressly agree to release Aidan By Nadia against, any Loss suffered by You resulting directly or indirectly from these delivery services.

12.2 Your use of the Website is at Your own risk and, to the maximum extent permitted by law, Aidan By Nadia is not liable for, and You expressly agree to release Aidan By Nadia against any Loss arising in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Services, the Products or the Website (including the use, inability to use or the results of use of the Product or the Website) for:

12.2.1 any loss of profits, sales, business, or revenue;

12.2.2 loss or corruption of data, information or software;

12.2.3 loss of data;

12.2.4 malfunctions to the Website;

12.2.5 distributed denial of services attack, a denial of service attack, viruses, Trojan horses, worms, malware, logic bombs, harmful components, corrupted date, any other malicious software and any other harmful data that may infect Your computer equipment, computer programs, data, mobile device or other material due to Your use of the Website or downloading any material posted on the Website or any Website linked to it;

12.2.6 loss of business opportunity;

12.2.7 loss of anticipated savings;

12.2.8 loss of goodwill; or

12.2.9 personal injury or property damage resulting from Your access to or use of the Website;

12.2.10 any unauthorised access to or use of Aidan By Nadia’s servers and/or any and all personal information and or financial information stored therein;

12.2.11 any bugs, viruses, or such other malware, which may be transmitted to or through the Website by any third party;

12.2.12 any Loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.

12.3 For the avoidance of doubt, You agree to release Aidan By Nadia from any injury, Loss, claim, or any direct, indirect or incidental or consequential Loss or damage of any kind arising from Your use of the Website or Your use or non-use of any Product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages or other damages, in such states or jurisdictions, Aidan By Nadia liability shall be limited to the maximum extent permitted by law.

13. Warranty

13.1 You acknowledge that the Aidan By Nadia will not be held responsible for damage caused to Products by misuse or poor care.

13.2 Any warranty as to the Products shall be limited to the written warranty provided by Aidan By Nadia (if any).

13.3 Aidan By Nadia reserves the right to make null and void any warranty should the Products be modified, altered, damaged or put to any undue stress other than in the way the Products were designed to perform.

13.4 You must notify Aidan By Nadia of all warranty of quality issues within 20 Business Days of receiving the Product.

13.5 If Aidan By Nadia determines that the Product is faulty then Aidan By Nadia will either (at its sole discretion) replace or remedy, or refund the value of, the Product.

13.6 Aidan By Nadia excludes and disclaims all conditions and warranties except any implied conditions or warranties the exclusion of which would contravene any Federal or State legislation or regulation or law or cause any clause of these Terms to be void (“Non-excludable Condition”).

13.7 Any warranties referred to in this clause 13 will not apply:

13.7.1 to any part of a Product that is not manufactured by Aidan By Nadia;

13.7.2 unless notice of any defect and any claim in respect thereof is given in writing to Aidan By Nadia within the warranty period (if there is no warranty period – then 10 Business Days of receiving the Product);

13.7.3 if the Products have been:

(a) subject to misuse, abuse, negligence or accident otherwise than by Aidan By Nadia;

(b) damaged;

13.7.4 if the Products are used for any purpose or subjected to any conditions varying from that for which it was specifically supplied by Aidan By Nadia.

13.8 Aidan By Nadia’s liability to You in respect of the warranty referred to in this clause 13, breach of any Non-excludable Condition, breach of contract or any negligent act or omission, is limited at Aidan By Nadia’ option, to:

13.8.1 in the case of Products, replacement or repair of the Product, or any part thereof, or the supply of equivalent Products or the payment of the cost of having the Products repaired; and

13.8.2 in the case of Services, the re-supply of the Service (by Aidan By Nadia or a contractor of Aidan By Nadia), or the cost of re-supply of that Service.

14. Termination

14.1 These Terms will continue in force until terminated by Aidan by Nadia.

14.2 These Terms will terminate immediately if, for any reason, Aidan By Nadia ceases to operate the Website.

14.3 Upon termination of these Terms:

14.3.1 all monies due to Aidan By Nadia will immediately become due and payable;

14.3.2 You will remain liable for an Order submitted by You; and

14.3.3 You must return all Intellectual Property to Aidan By Nadia.

14.4 Termination of these Terms will not affect any accrued rights or remedies any party may have as at the date of termination.

15. Written Communications

Aidan By Nadia may contact You by email or provide you with information by posting notices on the Website. You agree to receive written communication by such electronic means unless You state otherwise.

16. Force Majeure

Neither Aidan By Nadia nor You will be liable for any breach of any provision of any contract between them arising from an act of God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party ("Force Majeure Event").

17. Indemnity

You agree to indemnify and hold Aidan By Nadia and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, Losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of Your breach of these Terms or the terms and policies it incorporates by reference, or Your violation of any law or the rights of a third party.

18. Disputes, Governing Law And Jurisdiction

If any dispute or claim arising from these Terms then You and Aidan By Nadia must first attempt to resolve the dispute or claim by mutual agreement. In the event that You and Aidan By Nadia are not able to come to an agreement, the matter must then be heard before a mutually acceptable mediator based in Sydney, New South Wales before any legal proceedings are issued. If You and Aidan By Nadia can not agree on a mediator then the mediator will be appointed, at the request of either party, by the president for the time being of the Law Society of New South Wales. The costs or expenses of the mediation will be shared equally between You and Aidan By Nadia. You will bear all other costs that You incur in respect of the dispute or claim.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.

20. Privacy

You authorise Aidan By Nadia to collect, retain, record, use and disclose consumer and/or commercial information about You, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by Aidan By Nadia, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

21. Legal Advice

It is important that You understand these Terms prior to making an Order of otherwise agreeing to these Terms. You should seek legal advice prior to agreeing to these Terms.

Questions about these Terms should be sent to Aidan By Nadia via the contact details contained on the website.