If you choose to make a purchase through our website, you must adhere to both these Terms of Trade and the Terms of Use.

The information provided herein pertains to the Nuevibe online store, managed by Nuevibe (also referred to as ‘I’, ‘us’, ‘we’).

To access the Terms of Use, the Terms of Trade, our policies, and Frequently Asked Questions relevant to other regions, please refer to the footer of our website. Please carefully review these Terms of Trade before making any purchase, as they contain crucial information, including warranty disclaimers and liability limitations.

Definitions and Applicability

In these Terms of Trade, "you" refers to the organization or individual placing product orders on this website, "website" refers to https://www.nuevibe.com.au, and "Products" denotes the Nuevibe products available for ordering on this website.

These Terms of Trade are applicable to any purchase of Products made by you from this website with deliveries in Australia. By placing an order with Nuevibe for Products, you acknowledge and accept these Terms of Trade. Each order you place establishes a separate contract between you and Nuevibe for the supply of Products.

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.

Shipping Costs and Deliveries

While we aim to deliver Products to your specified delivery location within the indicated timeframe, we cannot guarantee exact delivery dates or times. Delivery options are outlined here, and these estimations serve as indicative estimates only. Nuevibe will not be held liable for any losses incurred due to delayed Product deliveries for any reason, to the maximum extent permissible by law.

Orders

To submit an Order for Products, you must: (a) create an account with Nuevibe on this website by registering your details and establishing a username and password; or (b) provide the necessary details for Nuevibe to process and manage your Order through the online form on the checkout page of this website; and (c) complete and submit the online order.

If you desire to cancel or modify an Order, please contact us. While we may be able to accommodate changes or cancellations for Orders not yet processed and provide a full refund, we cannot guarantee this possibility.

Nuevibe reserves the right to decline any Order. In such instances, Nuevibe will notify you promptly and issue a full refund. Should a Product be out of stock subsequent to an Order submission and payment, Nuevibe will refund or arrange an exchange as detailed here.

You acknowledge that all Products ordered are for personal non-commercial use and gifting only. They must not be resold in any form or location. Nuevibe reserves the right to take legal action against unauthorized and unofficial sales of goods.

Prices and Payment

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.

All prices on the website are in Australian dollars and include GST. Prices are subject to change without prior notice. Please verify Product prices when placing your Order.

The Order Amount payable to Nuevibe will consist of: (a) the total price of each Product ordered, including taxes, as displayed on the website upon Order submission; (b) the chosen delivery cost (if applicable), based on the selected delivery option outlined here; and (c) any additional fees agreed upon by you through electronic consent (e.g., subscription fees) as levied by Nuevibe from time to time.

You must pay the Order Amount using an accepted payment method at the time of Order submission. Nuevibe reserves the right to add or remove payment options at its discretion.

Title and Risk

The ownership and risk of loss or damage to the Products transition from Nuevibe to you upon the delivery of the Products.

Liability

Should there be a failure to make a payment according to these Terms of Trade, Nuevibe reserves the absolute discretion to take specific actions, including withholding the supply and/or disposing of requested Products or declining further dealings with you. Nuevibe will not be held accountable for any losses directly or indirectly resulting from such actions.

Subject to the "No Warranty" clauses and within the extent permitted by law, the Products are provided with the understanding that you bear sole responsibility for assessing their suitability for your intended use.

As detailed in the subsequent "No Warranty" clauses and to the fullest extent permissible by law, Nuevibe's liability for any loss or damage arising from breaching its obligations under these Terms of Trade or other responsibilities (including due to Product defects) is restricted to refunding or replacing the relevant Products. Under no circumstances will Nuevibe be liable for special, indirect, consequential, or punitive damages associated with any Product sold.

No Warranty

Within the permissible extent of the law and as detailed in the following clauses, Nuevibe does not provide any express or implied representation or warranty regarding the Products, encompassing their condition, quality, or fitness for a specific purpose. Nuevibe shall not be held responsible for any loss or damage resulting from Product faults or defects or for any errors or omissions on the website.

The Products are subject to guarantees under the Australian Consumer Law that cannot be waived. You have the right to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Additionally, you have the entitlement to have the Products repaired or replaced if they do not meet acceptable quality standards, provided the failure does not constitute a major failure.

Moreover, you may have explicit rights of action against Nuevibe under consumer protection legislation in instances where defective Products cause injury, loss, or damage.

Refunds and Returns

For details regarding Product returns or exchanges, please refer to our Refund Policy.

Force Majeure

Nuevibe will not be held liable to you for any failure to fulfill its obligations under an Order due to any event or circumstance beyond its reasonable control. In such situations, Nuevibe's liability concerning non-performance is void, and the performance timeframe will be extended until the event or circumstance ceases.

GST

In this segment: (a) terms or expressions with defined meanings in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meanings as in the GST Act; and (b) any reference to a party includes the representative member of a GST group of which that party is a member.

Unless expressly stated otherwise, all consideration specified under these Terms of Trade excludes GST.

If GST applies to any supply made under these Terms of Trade, the recipient must additionally pay the equivalent GST Amount, equal to the GST payable on that supply at the time when the consideration for the supply is to be paid or provided.

Clause 3 above does not apply if: (a) the consideration for the supply includes GST; or (b) GST on the supply is reverse charged and payable by the recipient.

The recipient is not obligated to pay the GST Amount until the recipient has received a tax invoice or adjustment note, as applicable.

In cases where an adjustment event occurs concerning a supply made under these Terms of Trade, the GST Amount must be revised to account for that adjustment event. The supplier must make a corresponding payment to the recipient, or vice versa, as applicable.

If these Terms of Trade require calculating an amount by reference to another amount (Reference Amount) to be received for a taxable supply or paid for a creditable acquisition, the Reference Amount must be adjusted to exclude any part of the Reference Amount paid or received on account of GST.

If these Terms of Trade require a party to reimburse or indemnify another party for a cost or expense, the amount must be reduced by the input tax credit to which the reimbursed or indemnified party is entitled for that cost or expense.

General

Should any provision of these Terms of Trade be found invalid by a court of competent jurisdiction, such a term shall be severed, and the remaining terms shall remain unaffected. In such cases, the parties will strive to negotiate a suitable substitute provision.

Subject to the "No Warranty" section of these Terms of Trade and to the maximum extent permitted by law, these Terms of Trade, together with the Order (as accepted by Nuevibe), the Terms of Use, the Returns Policy, and Nuevibe's Privacy Policy, constitute the entire agreement between the parties, superseding all prior discussions and agreements.

Orders and these Terms of Trade will be governed by the laws of the State of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that handle appeals from those courts concerning any proceedings brought at any time relating to these Terms of Trade.

Nuevibe reserves the right to make changes to these Terms of Trade at any time. Any variations will take effect from the date the updated Terms of Trade are made available online. The Terms of Trade in force at the time of placing an Order will govern that Order. These Terms of Trade were last updated on 12/12/2023.