Welcome to NU CALMAR. These Terms and Conditions apply whenever you access our website, regardless of how or where you access the website.

Access to the NU CALMAR website and all bookings made from the NU CALMAR website is conditional upon your reading and accepting all of the terms and conditions in, and linked to, the Terms of Use, Terms of Service and Privacy Policy, as they exist at that time. These Terms and Conditions are subject to change at the sole discretion of NU CALMAR.

DEFINED TERMS

You: “You” or “Your” means the person using Our Website.

Us: “Us”, “Nu Calmar Pty Ltd”, “NU CALMAR”, “nucalmar.com”, “We” or “Our” (or variations of these words) means Nu Calmar Pty Ltd and/or any of its subsidiary companies.

Our Service: “Our Service”, “The Service” means the sale and postage of NU CALMAR products.

Our Website: “Our Website”, “NU CALMAR Website” or “nucalmar.com” means nucalmar.com.

Terms: “The Terms of Use”, “These Terms of Use”, “The Terms”, or “These Terms” refers to the Terms and Conditions outlined in this document.

Customer: “The Customer”, or “Customer” refers to an individual who has purchased a product from us.

PRIVACY

We work hard to make sure that any personal information You share with Us remains private. For full details of how We respect your personal information, please read our privacy policy.

LICENCE AND WEBSITE ACCESS

NU CALMAR grants You a limited license to access and make personal use of Our Website. You are not permitted to use Our Website for commercial purposes without written permission from Us. You are not permitted to take, or copy text, images, logos, videos, code, or data from Our Website without written permission from Us.

We also do not permit reproduction, or embedding Our Website, text, images, logos, videos, code or data into other websites or applications without Our written permission.

We definitely do not permit the use of Our Website for committing crimes, including fraud.

We reserve the right to deny permission to access Our Website at any time.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Our Website so long as the link does not portray NU CALMAR, its affiliates, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NU CALMAR logos or other proprietary graphics or trademarks as part of the link without express written permission from Us.

COPYRIGHT

All content on Our Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NU CALMAR or its content suppliers, and is protected by Australian and international copyright and trademark laws.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This website is provided by NU CALMAR on an “as is” and “as available” basis. NU CALMAR makes no representations or warranties of any kind, expressed or implied, as to the operation of Our Website.

To the full extent permissible by applicable law, NU CALMAR disclaims any and all representations and warranties whatsoever and disclaims any and all liability arising from or in connection with the use of Our Website. NU CALMAR does not represent or warrant that Our Website, its servers, or e-mails sent from NU CALMAR are free of error, viruses or other harmful components. NU CALMAR will not be liable for any damages or losses of any kind arising from, or in connection with, the use of Our Website, including, but not limited to, direct, indirect, incidental, punitive, and/or consequential damages. The Customer must always read the product label and use a product only as directed.

To the extent that liability cannot be excluded by applicable law, the liability of NU CALMAR, its directors, officers, and employees are strictly limited to the cost of the service NU CALMAR provides to The Customer.

To the greatest extent possible by law, The Customer must indemnify and hold harmless NU CALMAR, its officers, employees, agents and related companies (Indemnified Persons) against all liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Persons in connection with the provision of all NU CALMAR Services, except the liability arising from the negligence or default of any of the Indemnified Persons.

Terms of Service

COMMUNICATIONS

When You visit Our Website or send e-mails to Us, You consent to communicating with Us electronically and agree that all such communications (including agreements, notices, disclosures, etc.) satisfy all legal requirements to be in writing.

We will communicate with You by e-mail, SMS, phone call or by posting notices on Our Website and social media channels. NU CALMAR reserves the right not to respond to any queries that are not sent via email.

INFORMATION PROVIDED BY YOU

You are responsible for verifying that the information You provide when ordering from the NU CALMAR Website. We will not check, verify or assume responsibility for the accuracy or completeness of such information. Information You provide is forwarded directly to our internal teams as part of Your purchase.

PROVISION OF SERVICE

Upon payment, We will endeavour to dispatch and ship your order within the time frames prescribed.

Our Service is deemed ‘complete’ when your package has been shipped.

TYPES OF SERVICES

NU CALMAR sells a range of skin care products.

Upon completing a purchase on Our Website, Your order will be submitted to our team who will prepare your order for dispatch and will send you confirmation once your order has been shipped.

Before making a payment for an order, You will have an opportunity to review all the details You have provided on your screen and make changes if necessary. If You have made an error, it is important that You correct it before proceeding. Once You have confirmed the details, You will be prompted to enter your credit card details for payment.

If You find out later that You have made a mistake, You must contact our team via phone or via email. If the mistake needs to be urgently fixed, then it is best to contact via telephone as our customer support staff can ensure that the error is attended to immediately.

REFUND POLICY

As soon as payment has been received, You are deemed to have engaged in the Services of NU CALMAR.

You may be entitled to a refund/store credit or store exchange if:

• Your order did not arrive
• our order arrived, but the product was faulty
• You order arrived, but the product was incorrect or damaged on arrival
• You had an allergic reaction to the product

If your order did not arrive, isn’t the item that you ordered, or arrived in a damaged condition, please email our team at hello@nucalmar.com within 7 days of delivery and our customer service team will be able to assist you. Please keep the item until we’ve gotten in contact with you!

If the product you received was faulty, please take a photo of it and email us at hello@nucalmar.com with a detailed description of the product fault.

In a rare occurrence that you had an allergic reaction to our product, please take a photo of the reaction and cease all use of the product immediately. Allergy returns must be less than 20% used upon arrival back to us.

Refunds will be returned to the credit card that was used for Your payment. If this card is no longer valid, You will be responsible for making arrangements with Your bank or credit provider to have the funds transferred.

INTERNAL COMPLAINTS PROCEDURE

NU CALMAR is genuinely committed to providing Customers with the highest standard of service. Our complaint handling process is designed to ensure that Customers’ concerns are treated seriously and addressed promptly and fairly.

All complaints must be submitted in writing via email at hello@nucalmar.com All such written complaints will be acknowledged in writing. Upon receipt of the complaint, a detailed review will be conducted and a response will be provided to You within 7 business days. All Customers will receive written notification of any investigation undertaken and the resolution achieved.

PRIVACY AND RELEASE OF INFORMATION

NU CALMAR is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, NU CALMAR takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by NU CALMAR from misuse and loss and from unauthorised access, modification or disclosure.

NU CALMAR may use and disclose The Customer’s personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.

In general, NU CALMAR will disclose The Customer’s personal information for the following purposes:

• to conduct Our business;
• to provide and market Our services;
• to communicate with The Customer;
• to comply with Our legal obligations; and
• to help Us manage and improve Our services

Subject to the exceptions set out in the Privacy Act, The Customer may gain access to the personal information which NU CALMAR holds about them by sending a message via email.

Due to privacy laws, We are unable to discuss Your personal details with any third party enquiring on your behalf (including family) unless You provide your written consent authorising Us to do so.

Please review Our Privacy Policy, which also governs your visit to NU CALMAR, to understand Our practices.

GOVERNING LAW

The Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with These Terms of Use.

GENERAL

No person has been authorised to give any representations on behalf of NU CALMAR in regards to the subject matter or The Terms within These Terms of Use.

Headings in These Terms are for convenience only and do not affect the interpretation of These Terms.

NU CALMAR may vary any of These Terms and any other information relating to our produce and services at any time, and your subsequent use of Our Website will be governed by the varied Terms.

In the event that any of the provisions of These Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.

LINKS

Our Website contains links to other sites. Please be aware that We are not responsible for the accuracy or the privacy practices of other such sites. We encourage You to be aware that when You leave Our Website, You should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on Our Website.