Terms & Conditions
By using the No Timid Souls website and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy (https://notimidsouls.com/policies/privacy-policy). This Agreement is between you and No Timid Souls Pty. Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
Goods purchased from No Timid Souls come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Registration and User Requirements
To complete an order, you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
By submitting your email address, you grant your consent to us to send you direct marketing communications to the email address you provide. You may unsubscribe at any time from receiving direct marketing communications from us.
Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website.
The information contained in this website is for general information purposes only and is provided by No Timid Souls. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
Through this website you may be able to link to other websites which are not under the control of No Timid Souls. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
To the fullest extend possible at law, will we not be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, or relating to the use of this website, including but not limited to:
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
The promotion of goods or services on the Website does not constitute an offer to sell.
Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
Goods in your cart are not reserved until you have completed the checkout process.
Orders are only confirmed once payment is received in full.
You automatically provide an authority to leave goods ordered through the Website at the address in the order
We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.
If we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
Price, Payment and Promotional Discount Codes
The prices of goods, delivery and other charges shown are in local currency.
All payments must be received in full before dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
There is a limit of only one promotional discount code per transaction.
We reserve the right to extend, change or cancel a promotional discount code at any time.
Supply and Delivery of Goods
Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
In order to provide efficient delivery of goods, you automatically provide an authority to leave goods ordered through the Website at the address noted in the order.
We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfill your order.
No Timid Souls prioritises its customer return process to ensure that each item is dealt with quickly and professionally.
We will allow a change of mind return for refund, provided that the item in question is:
- a full priced item;
- returned within 30days of your order date from No Timid Souls;
- in original purchased condition with tags attached;
- unworn, unwashed and not damaged in any way;
- not underwear or socks;
- not a Gift Card.
A customer refund request must be submitted via http://returns.shippit.com/no-timid-souls
Refunds will be permitted to the original account used at the time of purchase (e.g. the original Credit Card, Debit Card or PayPal Account used).
For orders placed during promotions that included a gift with purchase, the gift with purchase must also be returned along with the rest of the order to be eligible for a refund.
Returns and Refunds
Returns and refunds must be processed via our returns portal which can be accessed at http://returns.shippit.com/no-timid-souls
You will be provided with a return authorisation and information on the process to return the goods to No Timid Souls. Goods not returned through this process will not be eligible for a refund. If you have any issues accessing the returns portal, you can contact us at customersupport@notimidsouls.com
Once an item is returned, we will inspect the goods to ensure they have met the requirements for a refund or exchange.
Refunds will be issued using the payment method used for purchase.
We aim to process refunds and replacements within 8-10 business days of receipt by No Timid Souls of the original product.
You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us.
Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to No Timid Souls, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You automatically grant to us a irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with all applicable Victorian laws.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
Privacy and Personal information
If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Our privacy policy can be reviewed a https//notimidsouls.com/policies/privacy-policy.