NOMO.MY – Website Terms and Conditions
This website and online store located at http://nomo.my (Site) is owned and operated by NOMO RESOURCES (002024041-T) (NOMO, we, us or our). By accessing our site or purchasing products from our Site, you agree to be bound by the following terms and conditions (Terms).
- Modification of these Terms
We reserve the right to amend, modify, add to or delete any of these Terms at anytime, and such modifications shall be effective immediately upon posting of the modified terms on the Site.
- Additional terms on this Site
- In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site. We reserve the right to modify these notices at any time.
- Use of the Site
- You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
- You must not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s enjoyment of the Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- You must not modify, copy, reproduce or distribute in any way any material or products displayed on this Site.
- Third party content and links
- We are not responsible for any third party content, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which you may access from the Site or which is linked to the Site from time to time.
- We accept no responsibility nor liability for promotions shown or advice given in Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any Third Party Content.
- To the full extent permitted by law, all products and related information displayed on this Site is provided without any warranty as to its accuracy or reliability and we do no accept any liability which may arise from your use or reliance of such information.
- Whilst we will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. We disclaim all liability to you to the full extent permitted by law should this occur.
- Purchasing our products online
- The price you see on the Site is the price you will pay at the checkout in MYR(Ringgit Malaysia). We accept MasterCard, VISA and PayPal. We are not responsible for incorrect pricing on external websites.
- Payment is required in full prior to dispatch of your order.
- There may be a slight colour variation with online orders which will not constitute a fault or defect of the goods.
- Products available for purchase online are subject to availability.
- NOMO reserves the right to limit the quantity of products supplied, supply only part of an order or to divide orders.
- NOMO reserves the right to alter the terms or duration of any special offers or sale promotions.
- You will be informed if NOMO is unable to complete an order.
- GST and taxes
- Payment issues
- If, for any reason, there is a problem with collecting payment from your credit / debit card or other chosen payment method after we have confirmed receipt of your order, we will not be obliged to dispatch your order.
- Additionally, on some occasions, we may be unable to process an order. This may be due to: the item being out of stock or no longer available, your payment being declined, our identification of a pricing error or product description error or an unspecified technical error. If you are sure you are using a valid form of payment, please try again or use a different payment method.
- Delivery times should be used as a guide only as they are based on estimates provided by courier companies. Due to circumstances beyond our control, it may take longer for your parcel to reach you during busy periods.
- If there are any problems with your order, we will contact you with regards to the issue as soon as possible but we do not accept any liability for failure to deliver for reasons beyond our control nor do we accept any liability for delays in delivery.
- Please refer to our “Shipping Policy” for further details.
- You may return products within SEVEN (7) days from the date of delivery, provided however that the goods must be in the same condition in which they were delivered along with the swing and return tags.
- Products that we no longer stock, or open cartons will not be accepted for return.
- We will charge you a handling fee of MYR15 of the sale price of the returned products and you shall be issued with a credit note for the balance. You acknowledge that the handling fee is a genuine pre-estimate of the costs suffered by the return of the goods..
- You shall be liable for delivery costs on all returned products except in relation to faulty goods.
- An exchange may be offered if you wish to change the size of a product, provided the item is returned within seven (7) days from the date of delivery in the same condition in which they were delivered along with the swing and return tags.
- Items which cannot be returned
- Due to hygiene reasons we are unable to accept returns for swimwear, shoes and accessories.
- This does not however affect your statutory rights in relation to such items if they are faulty or damaged when you receive them.
- Limitation of liability
- We acknowledge that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, we hereby exclude all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any information and services provided under them.
- We are not liable to you or any other person for any loss or claim of any kind in connection with these Terms, or any information and services provided under them, except to the extent caused directly by our negligence or wilful misconduct.
- If any Non Excludable Terms apply, then to the extent to which we are entitled to do so, our liability under those Non Excludable Terms will be limited at our option to:
- the replacement of the goods or the supply of equivalent goods; or
- the repair of the goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- To the extent permitted by law, we will be under no liability to you or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
- Notwithstanding anything to the contrary contained in these Terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the products.
To the extent permitted by law, you agree to indemnify us against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own client basis) suffered or incurred by us which arise directly or indirectly in relation to your use of the Site or associated services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.
You agree to promptly inform us of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.
We reserve the right, in our sole discretion, to terminate these Terms.
- Intellectual property
- You must not infringe any intellectual property rights owned by NOMO, or the intellectual property rights of any third party. You agree to indemnify NOMO against any action taken by a third party against it in respect of any such infringement.
- All material on this Site is subject to copyright and should not be reproduced without our prior written permission. All rights reserved.
If you have any questions about our Site or the Terms, please contact us at firstname.lastname@example.org