Terms & Conditions
The following terms and conditions will apply to all uses of the www.nagnata.com website (“the Website”), published by nagnAta Pty Ltd (ABN 75 163 509 500) (“we/our”).
Specific terms and conditions may apply to particular pages, transactions or services, including (without limitation) where goods or services purchased through the Website are distributed directly by a third party advertiser, in which case a link to the advertiser’s terms and conditions may be provided.
By viewing and using the Website, you are deemed to have accepted these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice to you, with your acceptance of these modified terms to be deemed by your continuing use of the site.
ORDERING & PAYMENT TERMS
Payments may be made by credit card or direct debit, according to the terms of the relevant financial institution.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice.
We may provide you with a password to enable access to the Website. This must be kept in a secure place, and must not be disclosed to any third party.
If you breach any material term of these terms and conditions, we may terminate our agreement with you by written notice to you.
Sorry we do not offer refunds for change of mind, however we want you to find the perfect fit for your body so we are happy to facilitate a store credit valid for 1 year.
As of February 1st 2022, we no longer facilitate exchanges online, so if you want to swap your item for a different size, colour or style, please choose store credit. This gives you the freedom to choose any items you want online..
Nagnata is not responsible for shipping charges related to the item/s being returned.
PLEASE NOTE: All items are to be returned in their original condition. Your item/s must have all tags attached with no visible signs of damage or wear; pulls, snags, stretching, stains or odour. Item/s must be returned in the tote bag they were sent out in. If this tote bag is not returned then the RRP ($30) will be deducted from your store credit.
If your item is not returned in the above condition and therefore does not pass our quality check you will be responsible for the cost of shipping the item/s back. We will be in touch upon receiving your package.
If you want to cancel an order after it has been placed please email us immediately at email@example.com. We are a small but busy team and cannot always get to your emails before despatch as we work hard to have your orders out the following day. If we catch your email in time and feel a refund is acceptable you will be charged a $20 restocking fee to cover any charges incurred our end by your order processing in our system and warehouse handling fees.
For urgent enquiries please contact firstname.lastname@example.org or call us on +61 403 443 303DIGITAL ARCHIVE: Please note all sales from our Digital Archive are final. No returns. Digital Archive cannot be used in conjunction with any other discount or promotional offer. Due to a high volume of orders from Digital Archive we are currently experiencing shipping delays. Please allow extra time to receive your order.
FAULTY ITEMS: Please contact us immediately if you believe your product is faulty. All faulty garments will need to be inspected by our in-house garment technician before a refund or replacement is issued. Returning an item is at your own cost unless proven to be a manufacturing fault which is known to the brand. Only upon approval from our technician that the item is faulty will you be issued a refund for your shipping cost.
Where there is no fault found, the product will be returned to you after a fee charged for re-shipping. Where our assessment finds that there is no fault with the goods, or that the goods have been damaged due to misuse or abnormal use of the goods by you, we may require, at our option that you compensate us for any cost incurred in relation to this assessment.
We cannot offer a refund or exchange where the product has sustained damage due to abnormal use. If the product does not match its advertised description, we will provide you with a choice between a refund or a credit to the value of the item purchased.
To the maximum extent permitted by law, we (in relation to ourselves and to our directors and employees) exclude all liability to any person arising directly or indirectly from using the Website and any information or material available from it.
We will endeavour to ensure that information provided by means of the Website is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information.
With the exception of content provided by third parties (see below), information included in the Website represents the views and experience of the proprietor. We have used our best endeavours to ensure that all information and details are correct at time of posting, but do not give any warranties in this regard.
THIS WEBSITE IS NOT A SUBSTITUTE FOR ADVICE PROVIDED BY A QUALIFIED YOGA INSTRUCTOR OR HEALTH CARE PROFESSIONAL. PLEASE NOTE THAT THE INFORMATION PROVIDED BY MEANS OF THE WEBSITE IS GENERAL IN NATURE AND DOES NOT TAKE THE USER’S INDIVIDUAL OBJECTIVES, UNDERLYING MEDICAL CONDITION, OR NEEDS INTO ACCOUNT. USERS SHOULD CONSIDER THE APPROPRIATENESS OF THE INFORMATION IN THE LIGHT OF THEIR OWN OBJECTIVES, HEALTH STATUS AND NEEDS, AND IF NECESSARY OBTAIN RELEVANT PROFESSIONAL ADVICE. THE PROPRIETOR DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM RELIANCE ON THE INFORMATION AND ADVICE SET OUT HEREIN.
Where legislation implies any condition or warranty, and prohibits provisions excluding or modifying our liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms, however our liability for any breach of such condition or warranty, will be limited, at our option to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
The internet operates across insecure, public networks. You assume all risks associated with use of the Website, including risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via the Website, or your access to it or the downloading of files from the Website.
THIRD PARTY CONTENT
The Website may feature information, data and advertising provided by third parties. This material is provided on an ‘as is’ basis. While we endeavour to ensure that information is provided by reliable sources we do not guarantee accuracy or completeness.
We do not accept liability for any information provided by any third party through the Website, or in relation to any third party properties or services. By featuring such material we do not endorse or recommend the third party or its products or services. We are not responsible for the content on any external websites which may be linked to the Website.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Except where specified otherwise, all rights (including copyright) in all text, images, content and designs incorporated in the Website are held and reserved by us. You must not download, copy, post, alter, edit, manipulate, republish or communicate such material, except in accordance with any express consent granted by us.
You agree that you will not:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website or “frame” or “mirror” any part of the Website;
(b) use code or other devices containing any reference to any part of the Website to direct other persons to any other web page;
(c) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
(d) create derivative works of the Website content or make the functionality of the Website available to multiple users through any means;
(e) solicit another user's password or other account information, or harvest user names, addresses, or email addresses for any purpose; or
(f) use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
All rights in the logos, brands, trade marks, and service marks (whether or not registered) connected with the Website, including without limitation the NAGNATA trade mark are reserved by us, and may not be used or reproduced except with our written consent.
By subscribing to the Website, you are deemed to consent to us (and our related entities) sending direct commercial messages, by email or any other media, to you that are relevant to the goods or services you have purchased, or which you may be interested in purchasing.
On each email you receive from us, you will be given the opportunity to unsubscribe. Should you wish to unsubscribe, please send a notice to:
E: email@example.com / Ph: +61 403 443 303
We may, from time to time invite you to post comments, upload materials or otherwise make contributions to the Website. In this case, your submissions must:
• be your own, wholly original, works or creations;
• not reproduce material owned by another person, or infringe any right of any other person;
• not be offensive, defamatory, obscene, threatening or otherwise be inappropriate;
• impersonate any other person or entity, or use any fake name or attribution;
• not contain viruses, corrupted files of other software or programs that may damage the operation of our, or any third party’s, computers.
• not promote or advertise any third party product or service (except with our written consent); or
• not interfere with or disrupt the operation of the Website; and
you hereby indemnify us from any cost or damage we incur as a result of your breach of these conditions.
By uploading, transmitting, posting or otherwise making available any material to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate, publish and exploit the material in any form and for any purpose.
We reserve the right to review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available. We are not responsible for, and accept no liability with respect to such material.
These terms and conditions are governed by the law in force in the state of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts appeal from them for determining any dispute concerning the terms and conditions
If you have any questions, concerns or complaints about the Website or these terms and conditions, please contact:
Nagnata PTY LTD
E: firstname.lastname@example.org / Ph: +61 403 443 303