TERMS OF SERVICE

This website is operated by NOMNOM Studio. Throughout this website, the terms “we”, “us”, and “our” refer to NOMNOM Studio. By visiting our website, browsing our products, creating an account, placing an order, subscribing to our mailing list, or using any part of our services, you agree to be bound by these Terms of Service, together with any other policies referenced on our website. Please read these Terms carefully before using our website. If you do not agree with these Terms, you should not access or use our website or services.

1. General Liability

To the maximum extent permitted by law, and subject to any rights or remedies that cannot be excluded under the Australian Consumer Law, NOMNOM Studio excludes liability for any direct, indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with your use of our website, your purchase or use of our products, or any services provided by us. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded, restricted, or modified under applicable law.

2. Our online store

Our store is hosted on Shopify, which provides the ecommerce platform that allows us to sell products and services online. We reserve the right to update, change, suspend, or discontinue any part of our website, products, services, pricing, content, or features at any time without notice.

3. Eligibility

By using our website, you confirm that you are legally able to enter into a binding agreement. If you are under the age of majority in your location, you must use this website only with the involvement and consent of a parent or guardian. You must not use our website or products for any unlawful, harmful, fraudulent, or unauthorised purpose.

4. Account information

You may be able to create a Shop account to check out with Shop Pay, an accelerated checkout service owned by Shopify, to make purchases on our website. However, you are responsible for keeping your account login details secure and for all activity that occurs under your account. You agree to provide accurate, current, and complete information when creating an account or placing an order. You also agree to update your information where necessary so that we can process orders, contact you, and provide customer support. We may refuse, suspend, or terminate accounts where we believe there has been misuse, fraud, inaccurate information, or a breach of these Terms.

5. Product information

We make reasonable efforts to display product names, descriptions, images, colours, details, sizes, materials, prices, and availability accurately. However, we do not guarantee that all product information on our website will always be complete, accurate, current, or error-free. Colours may appear differently depending on your device, screen settings, lighting, or display. We reserve the right to correct errors, update information, change product details, or cancel orders where information was incorrect, including after an order has been placed.

6. Product Use and Card Storage Disclaimer

Our TCG binders and storage products are designed to provide high-quality storage, organisation, and protection for trading cards. However, the condition and long-term preservation of trading cards, collectibles, or other items stored in our products may be affected by factors outside our control, including handling, storage environment, humidity, moisture, temperature changes, improper insertion or removal, overfilling, ring-binder pressure, regular wear and tear, or the condition of the items before storage. To the maximum extent permitted by law, NOMNOM Studio is not responsible for any damage, loss of value, deterioration, dents, warping, bending, surface wear, or other degradation to trading cards, collectibles, or other items stored in or used with our products where the issue is caused by use, handling, storage conditions, misuse, environmental factors, or circumstances outside our control. Nothing in this clause excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law.

7. Pricing and availability

All prices are shown in Australian dollars unless stated otherwise.

Prices, promotions, discounts, shipping fees, and product availability may change without notice. We reserve the right to modify or discontinue products at any time. We may limit quantities, refuse orders, or cancel orders at our discretion, including where we believe an order has been placed by a reseller, distributor, automated system, or for fraudulent or unauthorised purposes.

8. Orders and acceptance

When you place an order, you are making an offer to purchase the selected products in accordance with these Terms. After placing an order, you may receive an order confirmation email. This confirms that we have received your order, but it does not guarantee that the order has been accepted, fulfilled, or shipped. We reserve the right to accept, reject, cancel, or limit any order for reasons including stock availability, payment issues, suspected fraud, incorrect pricing, incorrect product information, shipping restrictions, or other operational reasons. If we cancel an order after payment has been taken, we will arrange a refund for the cancelled portion of the order.

9. Payment

You agree to provide complete and accurate payment and billing information. Payments are processed through third-party payment providers. By placing an order, you agree to the terms and conditions of the relevant payment provider. We are not responsible for delays, errors, or issues caused by third-party payment services. We do not directly store complete payment card details.

10. Shipping and delivery

Shipping options, estimated delivery times, and shipping costs are shown at checkout or elsewhere on our website. Delivery timeframes are estimates only and may be affected by factors outside our control, including postal delays, courier delays, customs processing, public holidays, weather events, incorrect delivery information, or high order volumes. You are responsible for providing a correct and complete shipping address. We are not responsible for delays, failed deliveries, or lost parcels caused by incorrect or incomplete delivery details provided by you.

Risk in the products passes to you once the order is delivered to the address provided or otherwise completed according to the carrier’s delivery process.

11. Returns, refunds, and exchanges

Returns, refunds, exchanges, faulty items, damaged items, incorrect items, customer-caused damage, and pre-orders are handled in accordance with our Refund, Return and Exchange Policy. Nothing in these Terms or our policies limits your rights under the Australian Consumer Law.

12. Pre-orders

From time to time, we may offer pre-order products. Pre-order dates, estimated arrival dates, and shipping dates are estimates only and may change. If you purchase a pre-order item, you acknowledge that the product may not be available for immediate dispatch and that delays may occur. Pre-order cancellation requests will be assessed according to our Refund, Return and Exchange Policy and any rights you may have under the Australian Consumer Law.

13. Discount codes and promotions

Discount codes, promotional offers, sales, and special offers may be subject to additional conditions, including expiry dates, product exclusions, minimum spend requirements, usage limits, and other restrictions. We reserve the right to modify, suspend, or cancel promotions at any time. Discount codes cannot be applied retroactively to previous orders unless we choose to do so.

14. Newsletter and marketing

If you subscribe to our mailing list, you agree to receive marketing emails from us. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of our emails or by contacting us. We may still send you non-promotional communications relating to your orders, account, support enquiries, transactions, or legal notices.

15. Intellectual property

All content on our website, including text, images, graphics, logos, product photography, designs, layouts, videos, icons, and branding, is owned by us or licensed to us unless stated otherwise. You may not copy, reproduce, distribute, modify, sell, exploit, or use our website content for commercial purposes without our prior written permission.

You may use our website for personal, non-commercial shopping and browsing only.

16. User comments, reviews, and submissions

If you submit reviews, comments, photos, messages, feedback, suggestions, or other content to us or through our website, you agree that we may use, display, reproduce, edit, publish, or share that content for business, marketing, customer service, or operational purposes. You must not submit content that is unlawful, offensive, misleading, defamatory, abusive, infringing, harmful, spam, or otherwise inappropriate. We may remove or refuse to publish user content at our discretion.

17. Third-party tools and links

Our website may include links to third-party websites, apps, services, payment platforms, shipping providers, social media platforms, or other tools. Third-party services are provided by their respective operators and may be subject to separate terms and privacy policies. We are not responsible for third-party websites, services, content, availability, security, or practices. Your use of third-party services is at your own risk.

18. Privacy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, disclose, and manage personal information. By using our website, you agree to our handling of personal information as described in our Privacy Policy.

19. Prohibited use

You must not use our website or services to:

• Break any law or regulation
• Infringe our intellectual property rights or the rights of others
• Upload or transmit viruses, malware, harmful code, or security threats
• Interfere with the security or operation of our website
• Collect or track personal information of others without permission
• Submit false, misleading, or fraudulent information
• Place fraudulent orders
• Harass, abuse, defame, threaten, or discriminate against others
• Spam, phish, scrape, crawl, or use automated tools without permission
• Attempt to gain unauthorised access to our systems or accounts

We may suspend or terminate access to our website or services if we believe these Terms have been breached.

20. Errors and omissions

Occasionally, information on our website may contain typographical errors, pricing errors, product description errors, availability errors, or other mistakes. We reserve the right to correct errors, update information, cancel orders, or change details at any time without prior notice, including after an order has been submitted.

21. Disclaimer

Our website and services are provided on an “as available” and “as is” basis. To the maximum extent permitted by law, we do not guarantee that our website will be uninterrupted, secure, error-free, or free from viruses or harmful components. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under applicable law.

22. Limitation of liability

To the maximum extent permitted by law, NOMNOM Studio is not liable for any indirect, incidental, special, consequential, or punitive loss or damage arising from your use of our website, products, or services. Where liability cannot be excluded under applicable law, our liability will be limited to the maximum extent permitted by law.

23. Indemnity

You agree to indemnify and hold NOMNOM Studio harmless from any claims, losses, damages, liabilities, costs, or expenses arising from your breach of these Terms, misuse of our website, violation of law, or infringement of the rights of another person or entity.

24. Termination

We may suspend or terminate your access to our website or services at any time if we believe you have breached these Terms or used our website in an unlawful, harmful, fraudulent, or inappropriate way. The sections of these Terms that are intended to survive termination will continue to apply after termination.

25. Changes to these Terms

We may update these Terms from time to time by posting the revised version on our website. The updated Terms will take effect from the date they are posted unless stated otherwise. Your continued use of our website after changes are posted means you accept the updated Terms.

26. Governing law

These Terms are governed by the laws of Australia and, where applicable, the laws of the state or territory in which NOMNOM Studio operates. You agree to submit to the jurisdiction of the courts of that state or territory.

27. Contact information

If you have questions about these Terms, please contact us at:

NOMNOM
Email: nomnompullz@gmail.com
Address: To be Determined
Website: nomnoms.shop