Terms & Conditions
NATHAN WYLD ENTERTAINMENT PTY LTD
A.B.N. 63 625 619 829
By accessing or using any part of the site, you agree to be bound by these Terms of Supply and Service.
TERMS OF SUPPLY AND SERVICE
PARTIES AND PRELIMINARIES
This website is operated by Nathan Wyld Entertainment Pty Ltd. Throughout the site, the terms “we”, “us” and “our”, “Nathan Wyld Entertainment” and “NWE” refer to Nathan Wyld Entertainment Pty Ltd A.B.N. 63 625 619 829 a company registered in the State of Victoria, Australia with its registered office at Level 13/114 William Street Melbourne (or such other registered address as we may give notice from time to time).
NWE offers the use of this website to you, the user, including all information, tools and services available from this site subject to your acceptance of:
(a) these Terms of Supply and Service;
(b) the provisions of such other policies and notices as may be set out on this website from time to time
By visiting our site and/ or purchasing goods from us (a “Supply”) or request the provision of services by us (a “Service”), you agree to be bound by the following terms and conditions (“Terms of Supply and Service”, “Terms”), including those additional terms and conditions and policies referred to and/or available by hyperlink. These Terms of Supply and Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Supply and Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or order any supply of goods or use any services. Any new features or tools which we add to the current store are also subject to these Terms of Service.
SECTION 1 - ONLINE USAGE
You represent that you are at least the age of majority in your state or place of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in requesting any Supply or the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. If you breach or fail to comply with any of these Terms of Supply and Service we reserve the right to terminate service to you without further notice.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse our Supply or Service to anyone for any reason at any time or to modify or discontinue any Supply or Service without notice. We place you on notice and by your use of the Site you acknowledge that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks and we do not retain it. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for goods displayed on this Site or for any Services are subject to change without notice and the applicable price is the price shown at the check-out section of the Site.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or the whole of the range of goods offered for Supply or the range of services comprised in the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
NWE offers goods for sale through its site either as agent for a principal or as a seller in its own right.
A Supply or Service may be available exclusively online through the website. These goods offered for Supply or offered as Services may have limited quantities or availability. Any goods subject to a Supply are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of goods that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obliged to limit the Supply or Services by quantity and to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of goods are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Many goods offered for Supply are of a unique or limited nature, If, for any reason, the goods supplied cannot be replaced with an equivalent then the sole remedy will be the refund of the purchase price upon return of the goods in the state you received it together with any packaging.
To the maximum extent permitted by law, our liability under any guarantees which apply to the sale of goods or services under the Australian Consumer Law, and which may not otherwise be excluded from operation by virtue of our limitations above, are limited to one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; (d) the payment of the cost of having the goods repaired.
The Vienna Convention on the Sale of Goods is expressly excluded from operation under these Terms.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Supply or 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 or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or any user authored content content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory or which we find objectionable objectionable or violates any party’s intellectual property or these Terms of Supply or Service.
You agree that any of your user-authored content will not violate any right of any third- party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site in connection with the Supply or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to change, correct 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).
No specific update or refresh date applied in this or any related website, should be taken to indicate that all information associated with the Supply or the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content to:
(a) engage in any unlawful activity or violate the laws of any place having jurisdiction over that activity;
(b) solicit others to perform or participate in any unlawful acts;
(c) infringe the intellectual property rights of any person;
(d) alter or remove the digital rights management information attaching to any item on the site;
(e) alter, remove or seek to alter or remove any code attaching to any item on the site as an anti-circumvention device;
(g) use any web-crawler, worm or other computer algorithm to obtain automated access to the content on this site or to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.;
(h) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(i) submit false or misleading information or engage in conduct which is false or misleading or calculated to mislead or deceive including pretexting or phishing;
(j) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any Supply or Service or of any related website, other websites, or the Internet;
(k) engage in conduct with respect to the site for any obscene or immoral purpose; or
(l) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for engaging in any such prohibited use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that any Supply or Service which you seek to access through your networks or computer will be uninterrupted, timely, secure or error- free.
We do not warrant that the results that may be obtained from your use through your networks or computer of the Supply or the Service will be accurate or reliable.
You agree that from time to time we may remove the offer of any Supply or Service for indefinite periods of time or cancel such at any time, without notice to you, but you will be entitled to a refund as required by law.
You expressly agree that your use of, or inability to obtain a Supply or Service is at your sole risk. The Supply or Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any goods, including art work, procured using the Service, or for any other claim related in any way to your use of the Service or any goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or goods) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
To the extent that our liability for any guarantee imposed by law in relation to the provision of the Services may not be excluded by any of the above provisions, our liability shall be limited to:
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold us harmless subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Supply and Service on one or more occasions shall not constitute a waiver of such right or provision.
These Terms of Supply and Service and any policies or operating rules posted by us on this site or in respect to the Supply or Service constitutes the entire agreement and understanding between you and us and govern our provision of the Supply or of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Supply and Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Supply and Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Supply and Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Supply and Service 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, the Supply or the Service following the posting of any changes to these Terms of Supply and Service constitutes acceptance of those changes.
SECTION 20 – SHIPPING AND POSTAGE
All items and postage must be paid in full prior to posting. As shipping companies are third parties independent of NWE, the business will not be responsible or liable for any loss, damage or negligence that may occur while using these services.
In regards to collection times, if items are not collected within 2 weeks, NWE reserves the right to charge removal and storage fees. Should additional time be required please contact NWE to arrange this via firstname.lastname@example.org
All costs associated with transport, delivery and insurance are the responsibility of the purchaser.
We will ship all goods with tracking via Australia Post. Australia Post offers shipping insurance and is recommended and is an additional cost. To add insurance to your shipping please You can add the calculate insurance option at the online checkout or contact us on email@example.com
Delivery within Australia
We will use Australia Post - standard and express delivery with tracking and signature on delivery – on your behalf unless otherwise instructed. Our website automatically calculates the postage cost using current Australia Post prices. Any items exceeding standard Australia Post dimensions or weight limits will be sent via private courier. We will contact you to provide you with a quote for this shipping and estimated delivery times.
All items will be wrapped in standard packaging rolled in a post-quality cardboard tube.
Goods are dispatched within 1-5 business days of your order date. As soon as your order is shipped, you’ll receive a confirmation email with a tracking number. You can check the status of your package and the estimated delivery date online by using the tracking number. Please log onto auspost.com.au to track your item.
Australia Post Standard delivery:
Estimates 1-6 business days from dispatch date.
Australia Post Express delivery:
Estimates next business day from dispatch date.
We will use Australian Post Registered International Parcel on your behalf unless otherwise instructed. Delivery cost and time for international orders depend upon the destination.
To arrange a quote and estimated delivery time please contact us
SECTION 21 – RETURNS POLICY
Please choose carefully as we do not operate a refund or exchange policy for ‘change of mind’ returns. In the event that you received the incorrect items, contact us on firstname.lastname@example.org to arrange an exchange.
To be eligible for a return, you must contact us within 1 business day of receiving your purchase. If 1 business day has gone by since you received your purchase, unfortunately we can’t offer you a refund or exchange.
Your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Gift Cards and discounted/sale items are non-refundable unless a breach of a consumer guarantee under the Australian Competition and Consumer Law is established to the reasonable satisfaction of NWE. Reference is made to the limitations on liability made above.
Damage upon delivery
If goods arrive to the purchaser damaged it is the responsibility of the purchaser to contact NWE within 1 business day. Please note that in the unfortunate situation that the damage has occurred during transit, NWE holds no responsibly once the goods have been received by the third party shipper / carrier. If any item has arrived damaged you must take photographic documentation (a minimum of 3 photographs including the damage to the packaging). You are then required to send these images via email within 1 business day of receiving your delivery so that we can process a claim with Australia Post on your behalf. Please send images and a description of your claim to:email@example.com
After contacting NWE you need to arrange shipping of the artwork back to us in Australia or our agents. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We highly recommend using a trackable shipping service and purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Return Shipping Address : PO BOX 1102 Mountain Gate, VIC, 3156, Australia
Late or Missing Refunds
If a refund has been granted and you haven’t received funds yet, follow these steps:
(a) first check your bank account again;
(b) then contact your credit card company, it may take some time before your refund is officially posted;
(c) next contact your bank. There is often some processing time before a refund is posted.
(d) If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org
We only offer an exchange if the item sent to the buyer is not the item that was purchased. Please contact us email@example.com
SECTION 22 – GIFT VOUCHERS
Gift Vouchers can only be purchased through NWE. They are valid for 12 months from the date of purchase.
Vouchers are non-transferable and cannot be exchanged for cash payments. Vouchers must be redeemed through our website.
Vouchers may be redeemed in part and the balance credited to you. Gift vouchers are not reloadable.
SECTION 22 – PURCHASING AND PAYMENT
Unless indicated as ‘SOLD OUT’, all items are available to purchase directly through our website. To make a purchase, click on the item you would like to purchase to visit its detail page and click ‘Add to Cart’. You can access your Cart by clicking the Cart page link, located in the site header. You can proceed to checkout from the Cart page by clicking the ‘Checkout’ button. Enter your preferred shipping address and follow the prompts to enter your payment details (credit card or PayPal). If you are not already signed in to Contemporary Editions upon purchase, you will be prompted to do so or to create a Contemporary Editions account if you are not already registered.
All prices on our website are in Australian dollars (AUD) and are GST inclusive. Prices are subject to change without notice.
We accept payment in Australian dollars through our checkout via the Australian agents of Visa, Mastercard, PayPal and Contemporary Editions gift cards. Please contact us directly if you would like to make payment via direct debit. International credit cards are not accepted. International payments must be made with Paypal.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Supply and Service should be sent to us at firstname.lastname@example.org.