Terms and conditions/returns

Terms and Conditions

Title

Last updated: May 2024

1. User Agreement

2. Defective Goods

3. Registration And User Requirements

4. Access And Use Of The Website

5. Information On This Website

6. Disclaimer And Liability

7. Indemity

8. Placing Orders

9. Price, payment and use of promotional discount/coupon

10. Supply of Delivery and goods

11. Christmas Delivery Cut Off Dates

12. Goods out of stock

13. Change of mind returns

14. Process for return and refunds

15. social media content

16. General

1. user agreement

By using the nerd belt website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement"). This Agreement is between you and nerd belts (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. defective goods

Goods purchased from nerdbelts.com come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a product faulty. You are also entitled to have the product repaired or replaced if the product fail to be of acceptable quality.

3. registration and user requirements

To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

4. access and use of the website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3. interfere (or attempt to interfere) with security-related or other features of our site; or
4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities.
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

5. information on this website

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

6. disclaimer and liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

errors, mistakes or inaccuracies on the Website or our social media pages;
you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
personal injury or property damage of any nature resulting from your access to or use of the Website;
any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from the Website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
the quality of any product or service of any linked sites.
Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

7. indemity

You will at all times indemnify, and keep indemnified, us and our directors, from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

8. placing orders

You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

9. price, payment and use of promotional discount/coupon

The prices of goods, delivery and other charges shown are in local currency (AUD).
All payments must be received in full before dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

10. supply of delivery and goods

Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
Orders delivered outside of Australia are not subject to Australian taxes. Because the shipments pass through customs, they are subject to import duties, taxes, and custom processing fees. In most cases, a bill will accompany the delivery, and is payable upon receipt of the package, or the bill will follow shortly in the mail. All taxes and customs duties are the responsibility of the recipient of the delivery. Please note that we cannot estimate the amount of the taxes, duties and/or fees that will be applied to international orders. We suggest you contact your country's customs bureau before placing your order.

11. christmas delivery cut off dates

For orders with standard delivery, to receive your order before Christmas *within Aus:

To NSW order before 20/12/24

To ACT order before 20/12/24

To VIC order before 20/12/24

To QLD order before 19/12/24

To SA order before 20/12/24

To WA order before 18/12/24

To Tas order before 19/12/24

To NT order before 13/12/24

For orders with express delivery, to receive your order before Christmas *within Aus:

NT, TAS and WA order before 20 December

All other states 23 December 2024

International

Standard shipping cut off dates to receive prior to Christmas have now passed.

Please order via express before 13/12/2024 to to receive your order in time (USA, UK, NZ).

12. goods out of stock

We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfill your order.

13. change of mind returns

nerd has a strict Customer Return Policy and Procedure. We offer no refunds to change of mind purchases. Goods deemed faulty can be returned, to the nerd belts, and an address will be provided at request of refund.

14. process for return and refunds

When seeking a return on a product, please contact us via admin@nerdbelts.com
Once contacted we will assess whether your product may be returned and, where required, provide you with instructions on how to return your goods, with which you must comply.
Once an item is returned we will inspect your goods and investigate any claims and where we believe it is applicable, provide you with a refund or exchange.
Refunds will be issued using the payment method used for purchase.
We aim to process refund admin@nerdbelts.com and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

15. social media content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Instagram page is the sole responsibility of the person from whom such content originated.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
you do not have the right to post;
is defamatory or in contempt of any legal or other proceedings;
is misleading or deceptive;
is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
denounces religious or political beliefs;
contains religious or political material;
is indecent, obscene, vulgar, pornographic or offensive;
infringes any copyright, trade mark, patent or other intellectual property right of another person;
contains any unsolicited or unauthorised advertising or promotional material;
contains or links to viruses, malware, spyware or similar software; or
impersonates any person or misrepresents your relationship with any person.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

16. general

We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with all applicable laws.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.