TERMS OF SERVICE

Five Pillars Investments Pty Ltd trading as nueva. Australia (nueva.) owns and operates this website. Throughout this website, the terms “we”, “us”, and “our” means nueva. Access to and use of this website including the purchase and/or use of the products and services available through this website (collectively, Services) is subject to the terms, conditions and notices (Terms of Service) outlined below and throughout the policies referred to herein, and/or available through the above links.

 

By using the Services, you agree to the Terms of Service, as may be updated by us from time to time.

 

By visiting this website and/or purchasing a product from us, you engage in our Services and agree to be bound by the Terms of Service, including those additional terms and conditions, as well as policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully. By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to the Terms of Service, then you may not access this website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

Amendments to Terms of Service

 

We reserve the right to amend the Terms of Service from time to time. Amendments will be effective immediately upon issuance on this website. It is your responsibility to check this page periodically for changes. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms of Service.

Any new features or tools which are added to this website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

Payment and Accuracy of Billing and Account Information

We reserve the right to refuse service for any reason at any time. We may, at our sole discretion, limit or cancel quantities purchased. 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 email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or any persons acting in a manner that may obstruct our ordinary course of business.

Upon receiving your order we carry out a standard authorisation check on your payment card or account to ensure there are sufficient funds to fulfil the transaction. Your card or account will be debited upon authorisation being received. The monies received upon the debiting of your card or account must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased, as listed in the confirmation email.

You agree to provide current, complete and accurate purchase and account information for all purchases. 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 transaction(s) and contact you as needed.

 

 

Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and nueva. will not be formed until we send you confirmation by email that the goods which you have ordered, have been dispatched. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

 

 

Pricing and Availability

We endeavour to ensure that all details, descriptions, prices and availability which appear on this website are accurate. However, errors may occur. If we discover an error in the pricing or description of any goods which we have advertised, we will correct the error as soon as reasonably practical.

Delivery costs may be charged in addition. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.

Delivery of Goods - International Customers

Non delivery of goods must be reported to nueva. as soon as possible. Standard International Orders are sent by the carrier of our choice and without insurance. While we ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over, or which in any event is out of our reasonable control or foresight, including but not limited to any delay caused by an incorrect delivery address being provided to us. We will not cover any loss of goods. Delivery to countries outside Australia can take several working days to arrive, depending on region. All customs/import fees/taxes and duties are the responsibility of the customer.

Delivery of Goods - Australian Customers

Non delivery of goods must be reported to nueva. as soon as possible.

All standard orders in Australia are sent by the carrier of our choice and without insurance.

While we ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over, or by any event which is out of our reasonable control or foresight, including but not limited to any delay caused by an incorrect delivery address being provided to us. We will not cover any loss of goods.

Receipt of Goods

You must inspect the goods immediately upon arrival and if the goods are not in accordance with the specified requirements, you must give notice to us within 24 hours of receipt of the goods. If you fail to give such notice, the goods will be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 3 days after receipt of the goods by you.

This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply.

Title and Risk

Title in the goods will not pass to you until payment has been received by nueva. Risk of loss or damage to the goods passes to you upon dispatch.

Waiver

Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by nueva. Without limiting the foregoing, if you breach our Terms of Service and we take no action, we will still be entitled to exercise our rights and remedies in any other situation where you breach our Terms of Service.

Website

Access to this website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of this website.

Indemnification

You agree to defend, indemnify and hold nueva. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this website or breach of the Terms of Service.

Termination

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 this website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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

Accuracy, Completeness and Timeliness of Information

From time to time there may be information on this website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. The material on this website 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 website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. 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. You agree that it is your responsibility to monitor changes to this website. We apologise for any inconvenience this may cause. If you are not completely satisfied with your purchase, please refer to the Returns, Refunds & Exchanges Policy for further information.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively online through this website or through other retailers. These products or services may have limited quantities and are subject to return or exchange only according to our Returns, Refunds & Exchanges Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on this website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of nueva. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Linked Websites and Third-Party Tools

This website may contain links to other websites (Linked Sites), which are not operated by nueva.

nueva. has no control over the Linked Sites and accept no responsibility for these Linked Sites or for any loss or damage that may arise from your use of Linked Sites. We are not responsible for examining or evaluating the content or accuracy, nor do we warrant or accept any responsibility or liability for the materials, products or services of Linked Sites. We are not liable for any harm or damages related to the purchase or use of goods, services, materials, resources, content or any other related transactions made in connection with any Linked Sites. Complaints, claims, concerns, or questions regarding Linked Sites should be directed to the owners and operators of those Linked Sites.

Your use of the Linked Sites will be subject to the terms of service and services contained within each such site.

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 this website 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).

We may also, in the future, offer new Services and/or features through this website (including, the release of new tools and resources). Such new  features and/or services shall also be subject to these Terms of Service.

This website makes use of Wix eCommerce platform. They provide us with the online e-commerce platform as a means of conducting our business, including the retailing of our products and services. By using this website, you agree to be bound by the terms or service disclosed on Wix eCommerce platform.

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, Content), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you forward to us. We are and shall be under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content.

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion is or may be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that the Content that you provide will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that the Content that you provide 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, this website 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 Content. You are solely responsible for any Content that you provide and to its accuracy. We take no responsibility and assume no liability for any Content posted by you or any third-party.

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found at here. By using this website and the Services, you consent to the terms of our Privacy Policy and warrant that all data provided by you is accurate.

Prohibitions

In addition to other prohibitions as set out in the Terms of Service, you must not misuse this website :

a)         for any unlawful purpose;

b)         to solicit others to perform or participate in any unlawful acts;

c)         to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

d)         to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e)         to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f)          to submit false or misleading information;

g)         to 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 the Service or of any related website, this website, or the internet;

h)         to collect or track the personal information of others;

i)          to spam, phish, pharm, pretext, spider, crawl, or scrape;

j)          for any obscene or immoral purpose; or

k)         to interfere with or circumvent the security features of the Service or any related website, this website, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on this website through which the Service is provided, without express written permission by nueva.

Breaching this provision or any other of the Terms of Service may constitute a criminal offense and nueva. may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of nueva. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by nueva. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

 Disclaimer of Liability and Warranties

To the fullest extent permitted by law, nueva. hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect our liability from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the 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 nueva., its 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 products procured using the Service, or for any other claim related in any way to your use of the Service or any product, 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 product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.

Linking to this Website

You may link to this website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other website, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to Ownership of Trademarks, Images of Personalities and Third-Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this website are in no way associated, linked, or affiliated with nueva. and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to nueva.

Donations & Charitable Organisations

From time to time, we may engage with one or several charitable organisations in contributing to their cause and promoting the product or service that they deliver. We may incorporate the collection of charitable proceeds into the retail price charged to our customers or allow customers to make voluntary donations at their discretion. Where nueva. collects proceeds intended for direction to a charitable organisation, such funds will be held in a bank account nominated by nueva. The timing of remittance of proceeds deemed to be a donation and/or collected on behalf of any charitable organisation, will be at the sole discretion of nueva. (i.e. monthly, quarterly, annually).

We reserve the right to engage with new and/or additional organisations and direct any proceeds deemed to be a donation and/or collected on behalf of any charitable organisation to such organisations as we see fit. We Endeavor to notify customers of the intended recipient of any such proceeds at the time of collection.

We accept no responsibility for determining the validity or legitimacy of any charitable organisation on whose behalf we collect donations, nor do we accept any responsibility for the actions or conduct of such organisations. In the event that any proceeds collected on behalf of any charitable organisations are deductible for tax purposes, we may disclose such information. We are under no obligation to determine the validity of the deductibility however, will do all things reasonable to ensure such deductibility when disclosed to customers.

Severability

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Entire Agreement

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

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and nueva. and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and nueva. (including, but not limited to, any prior versions of the Terms of Service).

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

Governing Law

These Terms of Service and any separate agreements whereby nueva. provide you Services shall be governed by and construed in accordance with the laws of our principle place of business.

Contact Information

We value your feedback. If you have any complaints, queries or feedback, please contact us sales@nuevasunglasses.com.au.

 

 

Thank you for choosing nueva.

#nuevageneration

[TERMS OF SERVICE]