effective date: 15 february, 2022

this website is operated by nicole rizk (abn 51 730 838 063). throughout the site, the terms “we”, “us” and “our” refer to nicole rizk. nicole rizk (abn 51 730 838 063) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. by visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. these terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. please read these terms of service carefully before accessing or using our website. by accessing or using any part of the site, you agree to be bound by these terms of service. if you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. if these terms of service are considered an offer, acceptance is expressly limited to these terms of service. any new features or tools which are added to the current store 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. we reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. it is your responsibility to check this page periodically for changes. your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


online store terms
by agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. you may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). you must not transmit any worms or viruses or any code of a destructive nature. a breach or violation of any of the terms will result in an immediate termination of your services.

general conditions
we reserve the right to refuse service to anyone for any reason at any time. you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. credit card information is always encrypted during transfer over networks. 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 contact on the website through which the service is provided, without express written permission by us. the headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

your agreement to the terms and conditions
by accessing and using the site, including placing orders of products through the site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy);

          (a)     by completing your registration through the site; and

          (b)     using the site to obtain products from us.

registration

3.1 you must complete the customer registration process through the site before placing an order for products through the site.

3.2 you may not have more than one active account, and your account is non-transferable. you may update, edit or terminate your account at any time through the site. you may not have more than two accounts per delivery address.

3.3. if you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities

privacy and commercial electronic messages 

4.1    our privacy policy is available below and forms part of these terms and conditions. you acknowledge and agree to our privacy policy, collection notice and cookies statement when you use the site and the site's related services, including purchasing goods and services from us using the site.

4.2    you agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, sms, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by nicol rizk via those channels or media. your agreement to receive commercial electronic messages from us will be effective until you opt out.

4.3    you may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. if you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.

placing an order for products

5.1    you may order products by selecting and submitting your order through the site in accordance with these terms and conditions.

5.2    any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

5.3    we may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

5.4    you agree to provide us with current, complete and accurate details when asked to do so by the site.

acceptance or rejection of an order

6.1    we reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the site or an error in your order.

6.2    each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. for each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.

6.3    if we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

minimum and maximum amounts in each order

8.1    you are not permitted to purchase any items for resale to a third party or for trade purposes. if we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order.

8.2    if you wish to place an order that differs from our ordering requirements, then you will need to contact our customer service via email help@nicolerizk.com. if we agree to an order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. in this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your order.

8.3    if we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such orders may be cancelled by us without notice to you.

delivery of products

9.1 we will only deliver products ordered through the site to a location where we provide delivery services. you may receive multiple deliveries for your order and these are described at the point of checkout. 

9.2 you may obtain further information on the site about our delivery timeframes and how we deliver your products. although we endeavour to deliver the products within the timeframe stipulated on our website under shipping policy, these timeframes are indicative only. delivery times may be delayed due to traffic or other unforeseen circumstances and nicole rizk will not provide any refund or discount on your order or delivery fee for late deliveries.

 

9.3 your shipment will arrive via aramex fastway, sendle, or australia post couriers depending on the weight and location address for delivery. a tracking number may be available for each parcel posted out by nicole rizk which will be provided to you at the time of your order. depending on your country and/or suburb of your location, please allow anywhere between 2-30 business days for your delivery after your order has been shipped. unless requested by the carrier, we do not require a signature for delivery. by default, all parcels shipped from nicole rizk are shipped out under atl shipment (authority to leave).  if nobody is home to collect your order, our courier will leave your parcel in a safe place at the premises you selected. if the courier finds there is no safe place to leave your order, they will most likely reattempt to deliver your order for a second delivery attempt. the courier may leave a calling or collection card or send you an email for you to personally arrange collection of your parcel if nobody is present for the delivery after two attempts. if you believe nobody will be home at the delivery address you chosen, we recommend delivery to a commercially zoned business address where you will be available to collect your order. please note, we will not be held liable or responsible for parcels that go missing or become lost after it has been delivered to your selected premises.

9.4 you agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the products to the delivery address.

9.5 you agree to comply with certain delivery requirements specified in these terms and conditions and such other requirements that we notify to you when you place your order through the site.

9.6 if your order contains a restricted product, then you must be present to accept the delivery of that order and, at our request, provide us with photographic identification. you will not be able to place an order using the “leave order unattended” or “self-isolation” options (described above) if your order contains a restricted product.

9.7 we will require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. if the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.

9.8 if there is no one or no appropriate person (for example, above 18 years old for restricted products) at the delivery address to receive the order, and are not present at the time of delivery, or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the delivery address, or if we cannot access your nominated spot or determine a suitable spot to deliver your order (for unattended deliveries), then:

          (a)     we will not deliver the products you have ordered; and

          (b)     we may charge you a fee and issue charges for any perishable products in your order that we have accepted.

in this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional dellivery fee for that replacement delivery

bulk orders and remote delivery

bulk orders

10.1 if we classify an order as a “bulk order”, your order may attract a handling charge depending on the size of your order. examples of orders that we classify as “bulk orders” are as follows:

          (a)     order of products over normal retail quantities;

          (b)     orders that total over 25kg will be subject to a bulk delivery fee, as they require special handling and transport allocation; and

    10.2 if your order is a bulk order, you will receive an automated message prior to payment to stipulate that your order is above 25kg. please email us immediately via email to obtain the exact shipping charges to post your order to you.

10.3 if you are unsure whether your order is a bulk order and would like to find out the exact handling charge payable in respect of your order before you place your order, please reach out via email at help@nicolerizk.com

fraud and risk assessment

11.1  we have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. we may contact you by telephone or email to confirm your payment and information details. if we are unable to confirm these details, we may cancel your order and a fee will apply as per clause 13.3. if you are unsure whether the person contacting you is from nicole rizk, please reach out to us via email at help@nicolerizk.com

11.2  where products are delivered by us, risk in the products passes to you on the date and time of delivery to the delivery address (including unattended deliveries at the delivery address).

title to the products passes to you on the later of the date and time of:

(a)     payment for those products;

          (b)     delivery of those products to the delivery address (including unattended deliveries at the delivery address); and

cancelling an order

13.1  we may cancel any order or part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

          (a)     the requested products in that order are not available; or

          (b)     there is an error in the price or the product description posted on the ite in relation to the relevant product in that order; or

          (c)     that order has been placed in breach of these terms and conditions.

13.2  If we cancel an order in accordance with:

          (a)     clause 13.1(a) or 13.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. if any payment has been taken for the cancelled order, then the full payment amount, including any delivery fee, or other fees and charges, will be refunded to your original payment method or through an alternative means.

          (b)    (i) if your order is cancelled under clause 13.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. if your order is cancelled before the day of dispatch, depending on the payment method used, we will either not charge you, or if we have taken payment for the order at the checkout then we will refund the value of the products, including any delivery fee, to your original payment method or through an alternative means. however, a fee of 4% will apply in relation to the unrecoverable merchant fee from our providers. (ii) orders will not be cancelled after they have been dispatched. 

13.3 the following will apply if you are requesting to cancel your order after it has been placed:

(a) If you request to cancel an order after it has been placed and paid for (before it has been dispatched) a fee of 4% will apply in relation to the unrecoverable merchant fee from our providers.

(b) orders cannot be cancelled after they have been dispatched. for any further information about this, refer to our refunds policy or send us an email to help@nicolerizk.com

fees and charges

14.1  we will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

          (a)     the purchase price of each product that is ordered;

          (b)     the delivery fee provided to you at the time you selected the relevant delivery window when placing your order or the delivery fee shown on the site and displayed when you place your order (“delivery fee”);

          (d)     the cancellation fee for an order that is cancelled as set out in clause 13.2(b)(ii) and clause 13.3; and

          (e)     any other fees and charges set out in these terms and conditions.

14.2  all fees and charges identified in these terms and conditions and all prices for the products include gst where applicable.

14.3  the purchase price of each product is shown on the product list on the site at the time you place your order. the purchase price of a product on the site may not be the same or correspond to the prices in any of our supermarkets for the same product.

14.4 you acknowledge that:

          (a)     we are not required or obliged to match any prices for any products, including matching any prices for a product that is available through other sites or vice versa.

14.5  just like in other sites, prices for products change from time to time and we do not provide any notice of these changes. subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.

14.6  if a product that you have ordered is not available and we have not provided you with a substitute or the product is a weight ranged product and is supplied below the maximum weight then:

          (a)     where we only pre-authorised payment for your order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your order; or

          (b)     where we have taken payment for your order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the products (excluding delivery fees) that were not supplied to you. where your order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.

payment methods

15.1  you must pay the fees and charges online using the online payment methods in clause 15.2.

15.2. we accept the following credit cards: visa and visa debit; mastercard and mastercard debit, american express, paypal payment.

15.3  if we are unable to successfully process your payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.

15.4  for some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your order. for other payment methods we may not be able to do this, and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your order. you authorise nicole rizk to pre-authorise and/or debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.

15.5  you must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

substitution or missing items in delivery

16.1  you acknowledge that a Product that you order may be out of stock or temporarily unavailable. if this happens, then we will not be able to provide you with that product.

16.2  for orders, if you select the substitute option for some or all of your products in an order, then we will endeavour to provide you with a substitute product:

          (a)     when the product you have selected is not available; or

          (b)     if we are not able to supply to you the product that you have selected.

          we aim to select substitute products that are of similar value and quality, but (subject to clause 16.5) we reserve the right not to provide you with a substitute product even if a suitable substitute product is available.

16.3  Not used

16.4  for orders, if selected by you, then we will endeavour to provide you with a substitute product where the price for that substitute product is of equal or greater value than the product you selected. if so, then we will charge you the price of the product you ordered rather than the price of the substitute product.

16.5  if there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing product is marked as out of stock. if so, then we will provide you with a refund to your card of purchase or gift card for the products that were not supplied.

16.6  in all other circumstances, you may contact us via email at help@nicolerizk.com during within 24 hours after the delivery and we will take steps to verify and confirm any such missing items. once we are reasonably satisfied that the item was not delivered to you, provide you with a credit to your relevant card account within 3-5 business days for the products that were charged but not delivered to you.

returns

17.1  the nicole rizk returns policy applies to all purchases of products using the site and forms part of these terms and conditions.

17.2  no return or refund requests will be accepted on any orders purchased through our site for any or all of the following reasons:

• you have changed your mind.

• you found the product cheaper elsewhere

• you do not like the item ordered or it did not meet your expectations.

• you purchased the wrong item.

17.3  we aim to provide you with products of the highest standard and quality. if you have received a product with a defect, please report it within 7 days of delivery so we can guide you through the returns process and help resolve the problem as swiftly as possible. in order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.  you may be asked to provide further information to support your claim to assist us with our assessment of the goods. please refer to our refunds policy page for further information.

17.4  if the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. if the product is found not to have a defect or deemed out of warranty, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

17.5  it does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

17.6  we monitor return rate frequency and value for fraud, abuse and general security purposes. in the event of elevated return frequency and values, we are entitled to close or block access to your account or deny you from making future orders. 

17.7  not used

17.8  the nicole rizk returns policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the australian consumer law. our liability to you under this agreement is otherwise limited as set out in clause 23 below.

your general obligations

          you:

          (a)     must ensure that your login id and password that is used to access the site and the details of your account are kept in a safe and secure manner;

          (b)     must notify us through customer service via email at help@nicolerizk.com if you are or become aware that there is or has been an unauthorised use of your login id and password or account, or any other security breach relating to your account;

          (c)     must promptly advise us of any changes to your information provided to us as part of the customer registration process;

          (d)     not used

          (e)     are responsible for any costs associated with your access to or use of the site, including internet access fees;

          (f)      are responsible and liable for any person that uses your loginid and password to order product(s) through the site;

          (g)     agree that we may charge you for all products that we agree to supply to you that have been ordered using your login id and password through the site; and

          (h)     should check the labels on the products before consumption or use.

1. general restrictions

          you must not:

          (a)     use the site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

          (b)     use the site in a manner or way, or post to or transmit to or via the site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the site;

          (c)     make fraudulent or speculative enquiries, purchases or requests through the Site;

          (d)     use another person’s details without their permission or impersonate another person when using the site;

          (e)     post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

          (f)      tamper with or hinder the operation of the site;

          (g)     knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site;

          (h)     use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site;

          (i)      modify, adapt, translate or reverse engineer any portion of the site;

          (j)      remove any copyright, trade mark or other proprietary rights notices contained in or on the site;

          (k)     reformat or frame any portion of the web pages that are part of the Site;

          (l)      create accounts by automated means or under false or fraudulent pretences;

          (m)    use the site to violate the security of any computer or other network or engage in illegal conduct;

          (n)     take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

          (o)     use the site other than in accordance with these terms and conditions; or

          (p)     attempt any of the above acts or engage or permit another person to do any of the above acts.

suspension of account

21.1  we reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the site in a fraudulent or improper manner. nicole rizk also reserves the right to otherwise cancel orders in accordance with clause 13.

21.2  if we lock, suspend or delete your account under clause 21.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

warranties

          you warrant that:

          (a)     all information and data provided by you to us through the site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

          (b)     the person receiving the products at the delivery address or collecting the products on your behalf is authorised by you to do so; and

          (c)     you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.

liability

23.1  our goods and services come with guarantees that cannot be excluded under the australian consumer law. for major failures with the service, you are entitled:

• to cancel your service contract with us; and 
• to a refund for the unused portion, or to compensation for its reduced value.

          you are also entitled to choose a refund or replacement for major failures with goods. if a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. if this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. you are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

23.2  without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the australian consumer law or nicole rizk's liabilities under those provisions:

          (a)     you acknowledge that each site is provided "as is" and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose;

          (b)     we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the site or the subject matter of this agreement; and

          (c)     we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

23.3  our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. this reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

termination

24.1  we may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:

          (a)     the breach cannot be remedied;

          (b)     you fail to the remedy the breach within 7 days of our notice to you of that breach; or

          (c)     if there is an emergency.

24.2  you may stop using the site at any time and for any reason.

24.3  we may stop making the site (or any part of it) available without prior notice. if so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

intellectual property rights

25.1 you:

          (a) acknowledge that the copyright in the site, the software, design, text and graphics comprised in the site, the selection and layout of the site and the content and materials on the site (together, the “materials”) are owned by or licensed to us;

          (b)     must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

          (c)     must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

25.2  you may:

          (a)     store a reproduction of the content on this site on your local computer for the sole purpose of viewing the content and materials; and

          (b)     print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

25.3  this Site contains registered trade marks and other trade marks which are protected by law. you must not use any of the marks or trade marks appearing on the site or our name or the names of our related bodies corporate without our prior written consent. you must not use any of the other company, product and services marks on the site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

changes to these terms and conditions

26.1 we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. for future orders, these terms may therefore be different. we recommend that you read these terms carefully each time you agree to them during the ordering process.

26.2  if you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.

1. general

27.1  the site may contain links to external websites that are not operated by us or our related bodies corporate.

          these links are provided for your convenience only and you agree that:

          (a)     we make no representations or warranties, or have any responsibility or liability for those websites; and

          (b)     these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

          you agree that you access and use the products and services made available at those sites solely at your own risk.

27.2  if the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. the remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. this clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

27.3  this agreement is governed by the laws of new south wales, australia. each party submits to the non-exclusive jurisdiction of the courts of that place. any rights or remedies to which you are entitled under the australian consumer law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the australian consumer law.

27.4  nicole rizk attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

1. definitions

capitalised terms used are defined in these terms and conditions. in these terms:

contact hours means customer service operating days, being, monday through to friday.

delivery address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions, or for gift ideas orders, delivery address means the address(es) specified by you for delivery. in the case of delivery to a remote area via a courier, delivery address means the address of the courier or postal outlet to which we deliver the Products.

delivery fee has the meaning given in clause 14.1(b).

order means an order that contains one or more products.

gst has the meaning it has in the a new tax system (goods and services tax) act 1999 (cwlth).

login id means the email address that you provided to us as part of the registration process to use the site.

order means any order for a product or products submitted using the site and includes orders and gift ideas orders.

product means each good or service that is advertised on the site.

accuracy, completeness and timeliness of information
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. this site 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 site at any time, but we have no obligation to update any information on our site. you agree that it is your responsibility to monitor changes to our site.

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 sold by nicole rizk are exclusively available and sold online only through this website. these products or services may have limited quantities and are subject to return or exchange only according to our refund policy. we have made every effort to display as accurately as possible the colours and images of our products that appear at the store. 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 us. we reserve the right to discontinue any product at any time. any offer for any product or service made on this site 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, or that any errors in the service will be corrected.

accuracy of billing and account information
we reserve the right to refuse any order you place with us. we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 e‑mail 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. you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 transactions and contact you as needed. for more details, please review our refund policy on our website.

optional tools
we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. you acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. any use by you of the optional tools offered through the site 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 the website (including the release of new tools and resources). such new features and/or services shall also be subject to these terms of service.

third-party links
certain content, products and services available via our service may include materials from third-parties. third-party links on this site may direct you to third-party websites that are not affiliated with us. we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service. you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. you further agree that your comments will not contain libelous 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 or any related website. you may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. you are solely responsible for any comments you make and their accuracy. we take no responsibility and assume no liability for any comments posted by you or any third-party.

personal information
your submission of personal information through the store is governed by our privacy policy, which can be viewed on our website.

errors, inaccuracies and omissions
occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). we undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. 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.

prohibited uses
in addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (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, other websites, 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, other websites, 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.

disclaimer of warranties; limitation of liability
we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. you agree that from time to time we may remove the service for indefinite periods of time or cancel the service 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 nicole rizk, our 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.

indemnification
you agree to indemnify, defend and hold harmless nicole rizk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

severability
in the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

termination
the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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 our site. 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 also 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).

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 site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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 we provide you services shall be governed by and construed in accordance with the laws of australia.

changes to terms of service
you can review the most current version of the terms of service at any time at this page. we reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. it is your responsibility to check our website periodically for changes. your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

contact information
questions about the terms of service should be sent to us at help@nicolerizk.com