TERMS AND CONDITIONS

Promotions

We will, from time-to-time, make available to you offers & discounts in the form of a Promo Code or Special Pricing related to your Account with us. These are subject to the terms & conditions communicated to you when the offer is made available. Please note, promo codes are redeemable on full price baskets only and are not valid on discounted items or baskets that include a discounted style.

When redeeming promotional VIP Vouchers and Promo Codes, the discount amount is applied proportionately across each qualifying item purchased. Unfortunately, VIP Vouchers and Promo Codes are non-refundable, so please choose your items carefully when redeeming a voucher/promo code on your order. Any final amount refunded will represent the original price less the apportioned discount amount.

Welcome Offer - Cannot be used in conjunction with any other offer. Excludes sale items. Promo code can only be used for one transaction per customer. Discount is only valid for one month from date of sign up.

Birthday Offer - Valid online for 30 days, for one use only. Reward must be redeemed in one transaction. Order value must be greater than $10. Cannot be used in conjunction with any other offer. When redeeming promotional VIP Vouchers and Promo Codes, the discount amount is applied proportionately across each qualifying item purchased. Unfortunately, VIP Vouchers and Promo Codes are non-refundable, so please choose your items carefully when redeeming a voucher/promo code on your order. Any final amount refunded will represent the original price less the apportioned discount amount.

Review Offer - Only one promo code will be issued per order for any successful product review shown on nautica.com.au. Offer valid online for one use only. Excludes sale items. Cannot be used in conjunction with any other offer.

Outlet Welcome Offer - In order to redeem 10% off your next in-store purchase you must be a registered customer of a Nautica Outlet. Email confirming in-store registration must be presented in-store at time purchase. Discount cannot be redeemed on day of in-store sign up. Single use promotional code deducts an additional 10% from total retail purchase. All offers and promotions are at Nautica's sole discretion and are subject to variation or withdrawal without notice.

Outlet Offer - Saving limited to minimum price spend and lowest saving is applied to transaction amounts between price points. Spend thresholds must be reached in one transaction and cannot be split over multiple purchases. Available instore at Nautica Homebush and Nautica Perth only for a limited time only. See staff for details.

Black Friday 2023 - *40% discount applied to original retail price. Prices as marked. Selected Nautica Japan styles not included. Excludes e-gift cards. Offer available 20/11/2023 - 29/11/2023 11.59PM AEDT at www.nautica.com.au. Cannot be used in conjunction with any other offer.

Cyber Monday Edit - ^Further 15% off is automatically deducted at checkout. Additional discount is applied to already discounted price on selected styles only. Strictly whilst stocks. Offer available until 29/11/2023 11:59PM AEDT only at www.nautica.com.au. Cannot be used in conjunction with any other offer.

October Frenzy Up to 40% Off Sitewide- ^Further 10% off deducted at checkout when code FRENZY10 is entered. Additional discount is applied to the marked down price. Offer available until 23/10/2023 11:59PM AEDT. Cannot be used in conjunction with any other offer. *Up to 40% discount applied to the original retail price. Prices as marked. Offer available 23/10/2023 - 27/10/2023 11:59PM AEDT only at www.nautica.com.au. Cannot be used in conjunction with any other offer.

 

About this Website

These Website Terms of Use apply to the website owned and operated by True Alliance Brands under the domain name www.nautica.com.au (the Website).

Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use. If you do not agree with these Terms of Use you should cease using the Website.

The Website is operated in Australia and references to currency are in Australian dollars unless otherwise specified.

 

Information available at the Website

Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or
  • Form part of the terms and conditions for our products and services.

While we strive to ensure that the Content on the Website is correct, we cannot guarantee that all of the Content is completely error-free. Please let us know if you notice any errors and we will seek to correct them. If you purchase goods that do not match the description we gave you, Your Consumer Rights (see below) may entitle you to a refund or repair or replacement of the goods.

Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

 

Orders

By placing any order for goods in the manner described on the Website, you make an offer to purchase the goods for the price specified on that Website at the time you place the order (Offer). We may, in our sole and absolute discretion, accept or reject any Offer made by you for any reason, including, without limitation, the unavailability of the goods, an error in the price or the goods description posted on the Website, or an error in your Offer.

We are unable to make changes to your order once it has been placed.

If you’ve made a mistake with your order, you are welcome to return it to us once it has arrived for a refund or locate your nearest store for exchange or refund. We offer free returns, within the terms of our Returns Policy. If you’ve made a mistake with your address, please contact Customer Service, we will make every effort with carrier to retrieve your order and update the address details. We can launch an investigation with carrier once the items are missing for more than 5 business days.

Please note that all orders purchased will be refunded to the original payment type and card via our online returns process that can be found on our Returns Policy page.

 

Security

We use Adyen for the secure processing of all payment transactions. We do not store or have access to your credit card details - they are transmitted directly and securely to Adyen.

If you are considering sending us any other personal information through nautica.com.au or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP). We are subject to laws requiring us to protect the security of personal information once it comes into our possession.

 

Availability of the Website

While we use reasonable care and skill to ensure the Website is free from defects and harmful code, Internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software.

In relation to any device which you use to access the Website, we recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for all devices you use to access the Website.

 

Your Conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You agree that you will not, (either yourself or through any third party):

  • Use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through the Website;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
  • Take any action that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
  • Transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses").
  • Use the Websites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or other information about other users of the Website; or
  • Use any data mining, robots, or similar data gathering and extracting tools in connection with the Website.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

 

Your Content

We may permit you to place Content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication). By submitting Content for potential inclusion in the Website, you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide licence to do the following with respect to the Content:

  • Use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display the Content and create derivative works from the Content and
  • Sublicence any of those rights to third parties.

You acknowledge that Content that you send to, or attempt to include in the Website, may not reach or be correctly displayed on that Website for a variety of reasons including but not limited to mechanical, software, computer, telecommunications or electronic failure.

You must not send any Content or links for inclusion on the Website which in any way whatsoever:

  • Is fraudulent, misleading or deceptive (including impersonating another person or misrepresenting a connection with another person or entity);
  • Infringes any third party’s copyright, patent, trade mark, trade secret or other intellectual property rights or proprietary rights or rights of publicity or privacy;
  • Violates any law, statute or regulation, or constitutes, or encourages conduct that would constitute a criminal offence (including prohibitions on spam messages);
  • Is defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • Is harmful, threatening, abusive, hateful, offensive, discriminatory, defamatory, obscene, vulgar, pornographic, profane or indecent;
  • Promotes, directly or indirectly, the use or supply of tobacco products or promotes pharmaceutical therapeutic goods not approved for sale in Australia;
  • Impinges on any other user’s use or enjoyment of the Website;
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • Contains any ‘prohibited content’ or ‘potential prohibited content’ within the meaning of Schedule 5 of the Broadcasting Services Act 1992 (Cth).

Any Content that you send to, or attempt to include in the Website may be made publicly available to all users of the Website, and may be indexed and cached by search engines. We may or may not monitor and review user Content.

 

Links

The Website may contain links to third party websites. Our inclusion of these links is not intended to indicate that we sponsor or endorse the operators or Content of linked websites.

 

Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that goods will be of acceptable quality and match their description and that services will be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

 

Termination and Suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

 

Limitation of Liability

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where lawful we limit our liability to doing any one or more of the following (at our election):

  • Resupplying goods or services to you or supplying equivalent goods;
  • Repairing the goods; or
  • Paying to have the goods or services resupplied or goods repaired.

You must notify us without delay of any loss you suffer in connection with this Website or the Content and take all other reasonable steps to minimise your loss.

Subject to Your Consumer Rights, we are not liable:

  • For any loss that was not reasonably foreseeable to you and us at the time you first used this Website;
  • For any business-related loss including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity;
  • To the extent that your loss was contributed to by your negligence or breach or any other matter outside our reasonable control (e.g. industrial action or third party equipment, networks, viruses or malware); and
  • Any loss to the extent contributed to by your negligence or breach.

 

Copyright and Trademarks

Copyright in the Content on this Website is owned or licensed by us, unless indicated otherwise. Except where necessary for viewing the Content on this website or your browser, or as permitted despite these Terms of Use under the Copyright Act 1968 (Cth) or other applicable laws, no Content on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of us or our licensor(s) (as appropriate).

Trademarks used on this Website are owned by us or third parties. You must not use trade marks on this Website except as authorised by the owner or by law. Nothing contained on any of the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks without our written permission or the written permission of the third party owner.

 

Children

Access to and use of the Website is made available only to people who can form legally binding agreements under applicable law. The Website is intended for a general audience and is not intended to be used by minor children. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Websites, you will be solely responsible for:

  • (i) the online conduct of the Minor;
  • (ii) monitoring the Minor's access to and use of the Website; and
  • (iii) the consequences of any use of the Website by the Minor.

 

Changes to these Terms of Use

We may at any time vary the ongoing Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, we have provided you with sufficient notice of the variation. Use of the Website and the Content at any time is governed by the current Terms of Use on the Website at that time.

 

Jurisdiction

The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.

True Alliance Brands Pty Ltd ABN 80 098 979 803