Terms & Conditions

Overview

This website is operated by NovorikX. Throughout the site, the terms “we”, “us” and “our” refer to NovorikX. NovorikX offers this website, including all information, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms & Conditions, including any additional terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants and/or contributors of content.

Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Section 1 - Online Store Terms

By agreeing to these Terms & Conditions, you confirm that you are at least the age of majority in your state, territory or place of residence, or that you have given us your consent to allow any of your minor dependants to use this site.

You must not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws, consumer protection laws, privacy laws and product safety laws.

You must not transmit any worms, viruses, malware or any code of a destructive nature. A breach or violation of any of the Terms may result in termination of your access to the Service.

Section 2 - Australian Consumer Law and Consumer Guarantees

If you are purchasing products or services in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The benefits given to you under any warranty offered by us are in addition to, and do not limit, any rights and remedies you may have under the Australian Consumer Law.

Any exclusions, limitations or disclaimers in these Terms & Conditions apply only to the maximum extent permitted by applicable law.

Section 3 - Products, Descriptions and Availability

We make reasonable efforts to ensure that product information, descriptions, images, prices, availability and specifications displayed on this website are accurate and up to date.

Product images are provided for reference only. Actual product colour, packaging, accessories or appearance may vary slightly due to screen settings, lighting, production batches or supplier updates.

Some products or services may be available exclusively online and may have limited quantities. We reserve the right to limit the quantities of any products or services that we offer, to discontinue any product at any time, and to refuse or cancel orders where permitted by law.

We do not warrant that product descriptions, images, specifications or other content on the website will be error-free, complete, current or suitable for your particular circumstances. This does not limit your rights under the Australian Consumer Law.

Section 4 - Pricing, GST and Promotions

Unless otherwise stated, all prices displayed on this website are in Australian dollars (AUD).

Where GST applies, prices displayed to Australian consumers are inclusive of GST unless clearly stated otherwise. Any applicable shipping, handling or delivery charges will be shown at checkout before you place your order.

Prices for our products are subject to change without notice. We may run promotional offers, coupon codes or discounts from time to time. Promotional offers may be subject to additional terms, including expiry dates, minimum order values, product exclusions, one-use limits or other conditions clearly stated at the time of promotion.

We aim to ensure that all promotional claims, discount claims and price comparisons are accurate and not misleading. If an obvious pricing or promotional error occurs, we may correct the error and, where permitted by law, cancel or adjust affected orders after notifying you.

Section 5 - Orders, Billing and Account Information

By placing an order through this website, you agree to provide current, complete and accurate purchase, billing, shipping and account information.

We reserve the right to refuse, limit or cancel any order where permitted by law. This may include orders that appear to be placed by dealers, resellers or distributors, orders involving suspected fraud or misuse, or orders affected by product availability, payment issues or obvious website errors.

If we change or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was placed.

You are responsible for ensuring that your shipping address and contact details are correct. We are not responsible for delays or failed deliveries caused by incorrect or incomplete information provided by you, except to the extent required by applicable law.

Section 6 - Shipping and Delivery

Shipping options, estimated delivery times, order cut-off times, processing times and any applicable delivery charges will be displayed on our Shipping Policy page or at checkout.

Delivery times are estimates only and may vary due to carrier delays, public holidays, weather events, remote delivery locations, customs processes, stock availability or circumstances outside our reasonable control.

Risk in the products passes to you when the products are delivered to the delivery address you provided, unless otherwise required by law. Title to the products passes to you once we have received full payment for the order.

If your order is lost, damaged or delayed in transit, please contact us so we can assist with carrier enquiries and available remedies. This does not limit your rights under the Australian Consumer Law.

Section 7 - Returns, Refunds and Remedies

Your rights to a repair, replacement, refund, cancellation or compensation under the Australian Consumer Law apply in addition to any voluntary return policy we may offer.

If a product has a major failure, you may be entitled to reject the product and choose a refund or replacement, or keep the product and receive compensation for the reduction in value.

If a product has a minor failure, we may choose to provide a repair, replacement or refund within a reasonable time. If we do not do so within a reasonable time, you may be entitled to have the product repaired elsewhere and recover reasonable costs from us, or reject the product and receive a refund or replacement.

We may require proof of purchase and reasonable evidence of the issue before providing a remedy. We may also ask you to return the product for assessment where appropriate.

Change-of-mind returns, if offered, are separate from your rights under the Australian Consumer Law and may be subject to reasonable conditions stated in our Return Policy.

Section 8 - Warranties

Some products may include a manufacturer’s warranty, limited warranty or other written warranty. The terms, duration and claim process for any such warranty will be stated on the relevant product page, warranty card or warranty policy.

Any warranty we provide is in addition to your rights and remedies under the Australian Consumer Law and does not replace, restrict or limit those rights.

Warranty coverage may not apply to damage caused by misuse, unauthorised modification, improper installation, abnormal use, failure to follow instructions, accidental damage, normal wear and tear, or use outside the product’s intended purpose, except where the law requires otherwise.

Section 9 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, except to the extent required by applicable law.

Any use by you of optional third-party tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new services and/or features through the website in the future. Such new features and/or services shall also be subject to these Terms & Conditions.

Section 10 - Third-Party Links

Certain content, products and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites, and we do not warrant and will not have liability or responsibility for third-party materials, websites, products or services, except to the extent required by law.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 11 - User Comments, Feedback and Other Submissions

If you send us creative ideas, suggestions, proposals, reviews, plans or other materials, whether online, by email, by postal mail or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use such submissions in any medium, subject to applicable law and our Privacy Policy.

We are under no obligation to maintain comments in confidence, to pay compensation for comments, or to respond to comments.

We may monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, harmful or otherwise objectionable, or that violates these Terms & Conditions.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You are solely responsible for any comments you make and their accuracy.

Section 12 - Personal Information and Privacy

Your submission of personal information through the store is governed by our Privacy Policy.

We may collect personal information such as your name, email address, phone number, billing address, shipping address, order details, payment-related information and customer service communications for purposes including order processing, delivery, customer support, fraud prevention, marketing where permitted, and legal compliance.

If the Privacy Act 1988 (Cth) and Australian Privacy Principles apply to us, we will handle personal information in accordance with those requirements. Please review our Privacy Policy for more information about how we collect, use, disclose, store and protect personal information, and how you may contact us about privacy matters.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order, where permitted by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 - Prohibited Uses

In addition to other prohibitions set out in these Terms & Conditions, you are prohibited from using the site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in unlawful acts;
• to violate any applicable laws, regulations, rules or ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
• to submit false or misleading information;
• to upload or transmit viruses, malware or any other type of malicious code;
• to collect or track the personal information of others without lawful authority;
• to spam, phish, pharm, pretext, spider, crawl or scrape;
• for any obscene, immoral, fraudulent or malicious purpose; or
• to interfere with or circumvent the security features of the Service, related websites, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

Section 15 - Disclaimer of Warranties and Limitation of Liability

To the maximum extent permitted by law, we do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that any results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you, where permitted by law.

Except as expressly stated by us or required by applicable law, the Service and all products and services delivered through the Service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied.

To the maximum extent permitted by law, NovorikX and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any indirect, incidental, punitive, special or consequential loss or damage arising from your use of the Service or products purchased through the Service.

Nothing in this section limits any liability that cannot be excluded under the Australian Consumer Law or any other applicable law.

Section 16 - Indemnification

You agree to indemnify, defend and hold harmless NovorikX and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions, your misuse of the Service, or your violation of any law or the rights of a third party.

This indemnity does not apply to the extent that the claim or loss is caused by our negligence, breach of these Terms, or breach of applicable law.

Section 17 - Severability

If any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms & Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our reasonable opinion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may terminate this agreement at any time without notice where permitted by law.

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.

Section 19 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

Section 20 - Changes to Terms & Conditions

You can review the most current version of the Terms & Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

Section 21 - Contact Information

Questions about these Terms & Conditions should be sent to us using the contact details below.