B2B PORTAL – TERMS & CONDITIONS
1. INTRODUCTION
Welcome to shop.nakhairprofessional.com. Please take some time to read the following terms and conditions applicable to purchasing products through this website.
Natural Australian Kulture Pty Limited (ACN 103 624 451) trading as NAK HAIR (NAK, we, us and our) provides the Site and all of its functionality to you subject to the following terms and conditions, NAK’s Privacy Policy and any other terms and conditions and policies issued by NAK which may be placed on the Site from time to time. All of these materials are deemed to be a part of, and incorporated into, these terms and conditions (Terms and Conditions).
By accessing or using the Site (including placing Orders for the purchase of Products through the Site), you are undertaking and acknowledging to NAK that you have read and understood these materials, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If this is not correct, or you do not agree to any aspect of these Terms and Conditions, please immediately leave the Site, and do not access or use it.
2. PURCHASES
NAK attempts to be as accurate as possible when describing its Products on the Site; however, to the extent permitted by applicable law, NAK does not warrant that the Product descriptions, colours, information or other any other aspect of the content available on the Site is accurate, complete, reliable, current, or error-free. The following terms and conditions apply to all orders (Orders) for products available for purchase from NAK (Products) that are placed through this Site.
2.1. PRICES & PAYMENTS
All Product prices stated are in Australian and New Zealand Dollars (as specified), and unless otherwise expressly indicated, include GST. Delivery charges will be calculated once you have selected your preferred delivery option and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your Order. You agree to pay all GST and delivery charges in respect of any Products you order. NAK reserves the right to change or alter prices of Products without notice. The price payable by you for a Product will be the price applicable on the date you submit your Order.
The price payable for Orders, including all GST and delivery charges (Price) will be charged in full at the time an Order is placed. You must pay for Products using a credit or debit card of a type accepted by NAK, or under your account terms if you are eligible. If there is an overdue balance on your account terms, NAK’s Accounts Team will contact you before releasing the Order. NAK does not accept cheque, money orders, cash, or any other form of payment for Products.
NAK uses the online payment gateway system operated by Windcave PTY Limited ACN 111 433 339 trading as Windcave Australia (Windcave) to facilitate the making of payments through the Site. If you do not agree to use of Windcave you will be unable to purchase Products through the Site.
2.2. PRODUCT AVAILABILITY
All Products displayed on the Site have been included in good faith on the basis that the Products as described will be available at the time of sale. If a Product is not in stock at the time of your Order, you will be notified of this on the Site or on your invoice if information was not available at the time of the Order.
2.3. ORDERS
You acknowledge and agree that NAK will only be considered to have accepted your Order when it provides you with confirmation of receipt of your Order. If you do not receive such confirmation from NAK within 24 hours of placing your Order, your Order will be deemed to be rejected (except where non-receipt by you of a confirmation during this period is due a technical difficulty experienced by NAK), and NAK will refund to you the payment of the Price you have made in full. In the event that your Order is cancelled by NAK following acceptance, NAK will refund to you the payment you have made in full.
NAK reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. NAK will notify you if any Order you place is cancelled or rejected.
Please ensure that the delivery address and recipient details listed in your Order are accurate and complete, as Orders and details are unable to be changed once an Order has been placed. NAK will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.
2.4. LIMITS
At our discretion, purchasing limits may apply for certain brands or products. These limits are displayed on the product detail page.
2.5. RESALE OF PRODUCTS AND DIVERSION
2.5.1. RESALE OF PRODUCTS
Where you are the owner or operator of a Salon, you represent and warrant that all Professional Products ordered from or supplied by NAK are intended for the sole purpose of use in your Salon, and not for resale.
2.5.2. DIVERSION
You acknowledge that the prevention of sales of the Professional Products and Retail Products through unauthorised channels is a key priority for NAK.
Subject to section 2.5.1, without the express prior written permission of NAK (which will be granted in its sole and absolute discretion), you will not knowingly, directly or indirectly, engage in any conduct or activity which causes, is intended to cause, or has the result of causing, the transfer of Professional Products or Retail Products to any person, entity or outlet for the purpose of such Professional Products or Retail Products thereafter being the subject of further offer, sale or distribution outside of the country in which you are located.
You must immediately report any actual or suspected acts of Diversion, by any person or entity (including but not limited to you, your related entities or any of your respective officers, agents or employees) to NAK. In the event that NAK discovers you or any of your related entities are diverting the Professional Products or the Retail Products, NAK will notify you of such Diversion activity and you must immediately discontinue selling the Professional Products and Retail Products to the diverting person or entity.
2.6. DELIVERY
Products are only available for delivery in Australia and New Zealand (as specified). NAK uses the services of assorted freight companies to deliver Products to you (as notified on the Order page) and accordingly, accepts no responsibility for late delivery, or your failure to receive Products which have been dispatched by NAK. The amount of delivery charges payable by you will depend upon the delivery option you select at the time of ordering Products and your location. This will be charged to you in full at the time your Order is placed. Risk in the Products will pass to you upon dispatch. Title to the Products will pass to you once your full payment has been cleared and received by NAK.
Certain Products sold by NAK require special handling, in accordance with applicable laws and regulations. These requirements affect the manner of delivery of these particular Products. NAK may therefore on occasion be unable to dispatch products for delivery to nominated addresses (for example, PO Boxes), and reserves the right to cancel Orders which are affected by the applicable requirements.
2.7. RETURNS AND CANCELLATION OF ORDERS
2.7.1. Returns of Orders
Any returns must be made in accordance with NAK’s Customer Credit and Returns Policy, available here: https://shop.nakhairprofessional.com/privacy-policy
2.7.2. Cancellations of Orders
Once placed and accepted by NAK, Orders may be cancelled by you at any time prior to the fulfilment of Products to you by NAK. To cancel your Order, please contact NAK by emailing orders@nakhair.com.au or by calling +61 7 3899 9133. In the event that you elect to cancel your Order, NAK will refund to you the Price you have paid. In no circumstance can you cancel your Order once Products have been dispatched to you.
2.8. YOUR ACCOUNT
To request access, if you are a current NAK account holder, please contact Customer Care or Accounts Receivable to receive your login and link to set a password. You are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and account. When creating and using your account, you must at all times ensure your account information is current, complete, accurate and truthful. NAK’s Privacy Policy applies to any personal information you submit during the account creation process or during your use of your account.
You agree to accept sole responsibility for all activities that occur under your account, username and/or password, including but not limited to all purchases of Products. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as principal to all aspects of these Terms and Conditions, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for any damage, costs, liability or other harm caused by any wrongful use of the Site or any Content resulting from such access or use.
You acknowledge and agree that you are liable to NAK for any losses or damage sustained by it directly, indirectly, consequentially, or in any other way, as a result of any unauthorised use of your account, username or password. For the avoidance of doubt, you acknowledge and agree that NAK assumes no responsibility or liability for losses, damages, claims and other harm or causes of action resulting from unauthorised use of your account, username or password.
NAK reserves the right to refuse to sell Products or to provide access to the Site and/or to terminate accounts at any time without prior notice, including but not limited to if you or someone using your account breaches any aspect of these Terms and Conditions.
2.9. INTELLECTUAL PROPERTY
All information and content available on the Site, including but not limited to all intellectual property rights in the domain shop.nakhairprofessional.com and other domain names, trademarks, logos, text, images, graphics, photographs, data compilations, software, and modifications and updates to this material which may be made from time to time (Content) is the sole and exclusive property of NAK, and is protected by Australian and international laws, including laws governing copyright and trademarks.
Neither the Content nor any portion of the Site can be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without NAK’s express prior written consent.
2.10. YOUR OBLIGATIONS AND RESPONSIBILITIES
When accessing or using of the Site, you must comply with these Terms and Conditions, and any other instructions for access or use posted on the Site, and must at all times act lawfully and in good faith.
You must not make any change or alteration to the Site, its functionality or any Content, and must not interfere in any way with the operation or functionality of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully contravene any of your obligations under these Terms and Conditions, you will be liable for all the losses and damages that your actions cause to NAK and/or its related entities, and must indemnify NAK and/or its related entities for any losses and damages sustained in accordance with section 2.14 below.
2.11. THIRD PARTY SITES
NAK is not responsible for the content of any off-Site websites or pages, including but not limited to any other websites linked to or from the Site (Third Party Sites), and makes no warranties regarding any aspect of Third Party Sites. Links to Third Party Sites contained on the Site are for convenience only and are not an endorsement by NAK, its related entities, affiliates, distributors or partners of the referenced content, product, service, or supplier. You acknowledge and agree that accessing any Third Party Sites is an activity undertaken by you at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit.
2.12. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
The Site may offer certain special features and functionality or events (such as Product sales and contests) which may either (a) be subject to terms of use, rules and/or policies in addition to these Terms and Conditions; and (b) be offered by NAK or by third parties. In either of these circumstances, NAK will notify you of this. If you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies, in addition to these Terms and Conditions.
2.13. REPRESENTATIONS AND WARRANTIES
The Site is presented "as is". NAK makes no representations, guarantees or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions, the Products or the Site, including but not limited to warranties or guarantees of merchantability, acceptable quality, non-infringement or fitness for a particular purpose, except to the extent such representations, guarantees or warranties are not legally excludable.
You warrant that you have authority to enter into and to perform your obligations under these Terms and Conditions, and that you have the ability to perform, and will perform, your obligations under these Terms and Conditions.
2.14. INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify NAK and its related entities, and each of their respective officers, employees and agents from and against any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products (including but not limited to their purchase, delivery and use). You agree to defend, indemnify and hold NAK and its related entities, and each of their respective officers, employees and agents harmless for any loss, damages or costs, including reasonable legal costs, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions (including a breach of any warranties provided by you under section 2.13.
You agree that, to the fullest extent permitted by applicable law, NAK and related entities, and each of their respective officers, employees and agents will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of Third Party Site links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during purchase of Products or hyperlinks to or from Third Party Sites (f) any inaccuracies or omissions in content (g) events beyond NAK’s reasonable control or (h) any loss of any kind whatsoever connected with the Products including without limitation, for indirect or consequential loss (including loss of profits or loss arising from any non-delivery, failure, defect or deficiency in the Products) even if due to the negligence of NAK or that of its related entities, or any of their respective officers, employees and agents, or arising out of or in connection with the Products.
NAK acknowledges and agrees that State and Commonwealth legislation (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (Non-Excludable Guarantees). NAK does not exclude, restrict or modify any Non-Excludable Guarantees and nothing in these Terms and Conditions is intended or is to be construed as doing so, or affects any remedies available to you at law and which cannot be lawfully excluded by NAK, including in respect of any of the Non-Excludable Guarantees which may be applicable.
Notwithstanding anything to the contrary in these Terms and Conditions, the liability of NAK and its related entities, and each of their respective officers, employees and agents to you (including in respect of any Non-Excludable Guarantees that may be applicable) is limited to either (at NAK’s sole discretion), in the case of the Products, replacement of the Products or the supply of equivalent Products, payment of the cost of replacing the Products, or acquiring equivalent Products.
2.15. NOTICES
You consent to receive any agreements, notices, disclosures and other communications (Notices) to which these Terms and Conditions refer from NAK electronically including without limitation by e-mail or by posting notices on this Site. To withdraw your consent to receive Notices electronically, you must notify NAK by sending an email to orders@nakhair.com.au and discontinue your use of this Site. If you discontinue your use of the Site, all rights granted to you by NAK pursuant to these Terms and Conditions will automatically terminate.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in NAK’s Privacy Policy.
2.16. PRIVACY
NAK’s Privacy Policy is incorporated into, and forms part of, these Terms and Conditions.
2.17. GOVERNING LAW
These Terms and Conditions are governed by the laws of the state of Queensland. You and NAK expressly submit to the exclusive jurisdiction of the courts of Queensland in respect of all matters arising in respect of these Terms and Conditions.
2.18. GENERAL
You acknowledge and agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and NAK concerning your use of the Site and any purchase of Products which you make via the Site, and supersede all prior communications and agreements between the parties concerning your use of the Site.
NAK may at any time, in its sole discretion, change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site, or at such future time as may be indicated in the posting. Your continued use of the Site after a change has been posted to the Site constitutes your agreement to the revised Terms and Conditions.
NAK may, with or without prior notice and with or without cause, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice issued by NAK to you, including, as applicable, by ceasing all use of the Site. NAK’s failure to require your performance of any provision of these Terms and Conditions will not affect its right to require such performance at any time thereafter, and nor will its waiver of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.
The relationship between you and NAK is one of independent contractors, and nothing in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise or fiduciary relationship between the parties.
Every provision of these Terms and Conditions is independent of the other. In the event that any provision of these Terms and Conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. Rather, any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.
2.19. DATA SECURITY AND FRAUD PREVENTION
As specified above, NAK uses the Windcave System for all purchases made directly via the Site. Accordingly, provided payment information (which may include personal information about you such as your name, address or payment information) is transmitted to the Windcave System for processing.
NAK is not responsible for the operation of the Windcave System, and separate terms and conditions and privacy policies apply to these. NAK recommends that you read and review these prior to making any purchase through the NAK website. If you do not agree with any of the terms and conditions or privacy policies which apply to the Windcave System, you must not submit an order for Products via the Site (and if you have submitted an order, you must immediately cancel it).
2.20. QUESTIONS, COMMENTS AND CONCERNS
If you have any questions, comments or concerns regarding these Terms and Conditions, please email NAK at orders@nakhair.com.au.