Terms of Service

Novara

Effective date: 20 September 2026

These Terms of Service (“Terms”) govern your access to and use of shopnovara.site (the “Site”) and all purchases of goods from it. Please read them carefully. By accessing the Site, creating an account or placing an order, you agree to be bound by these Terms.

1. Who we are

1.1 The Site is operated by Novara (“we”, “us”, “our”). Our contact details are set out in the Legal Notice and at clause 14.

1.2 In these Terms, “you” means the person accessing the Site or placing an order, and “Goods” means the products we offer for sale on the Site.

1.3 These Terms should be read together with our Returns and Refunds Policy, Shipping and Delivery Policy and Privacy Policy, each of which forms part of your agreement with us.

2. Eligibility and capacity

2.1 You may only place an order if you are at least 18 years of age and have the legal capacity to enter into a binding contract, or if you are under 18 and are doing so with the knowledge and consent of a parent or guardian who accepts responsibility for the order.

2.2 By placing an order you warrant that the information you provide is true, accurate, current and complete, and that you are authorised to use the payment method supplied.

2.3 The Goods are offered for personal, domestic and household use. We may decline or cancel orders that we reasonably believe are placed for commercial resale.

3. The Goods

3.1 We take reasonable care to describe and picture the Goods accurately. Photographs, swatches and styling images are indicative only. Colours may display differently on different screens and devices, and minor variation in colour, finish, trim and measurement between the image and the item supplied is normal and does not of itself make an item faulty.

3.2 Sizing information, including any size chart or conversion guide, is provided as a guide only and is based on information supplied to us by the manufacturer. Sizing varies between brands and production runs.

3.3 Some or all of the Goods are sourced from, held by and dispatched by third party suppliers and manufacturers, including suppliers located outside Australia. We remain your point of contact and remain responsible to you as supplier under the Australian Consumer Law.

3.4 All Goods are subject to availability. Listing an item on the Site is not a guarantee that it is in stock or that it will remain available.

4. Orders and when a contract is formed

4.1 Prices and product listings on the Site are an invitation to treat, not an offer capable of acceptance.

4.2 When you submit an order you make an offer to purchase the Goods on these Terms. Any order confirmation, acknowledgement or receipt we send you confirms that we have received your order. It does not constitute acceptance of it.

4.3 A binding contract is formed only when we dispatch the Goods and send you a dispatch confirmation, and it extends only to the Goods identified in that dispatch confirmation. Where an order contains multiple items, a separate contract is formed in respect of each item as and when it is dispatched.

4.4 At any time before dispatch we may decline or cancel all or part of an order. Reasons include (without limitation) that the Goods are unavailable, that a price or product description was published in error, that we suspect fraudulent, unauthorised or abusive activity, that we cannot deliver to your address, that the order appears to be for commercial resale, or that supplying the order would breach a law.

4.5 If we decline or cancel an order under clause 4.4 we will notify you and refund any amount already paid for the cancelled items in full to the original payment method. That refund is your sole remedy for cancellation under this clause.

5. Prices, payment and pricing errors

5.1 All prices are in AUD and, where we are registered for GST, are inclusive of GST. Prices exclude delivery charges, which are calculated and displayed at checkout before you complete your order.

5.2 We may change prices at any time. A change of price does not affect an order already dispatched.

5.3 Despite our reasonable efforts, a small number of items may be incorrectly priced or described through human or technical error. Where the correct price is higher than the price shown, we will contact you before dispatch and give you the option of confirming the order at the correct price or cancelling it for a full refund. We are not obliged to supply Goods at an incorrect price.

5.4 Payment is processed by our third party payment provider, Shopify Payments. We do not receive or store your full card details. Your use of a payment provider is subject to that provider’s own terms.

5.5 Discount codes, promotional offers and sale prices cannot be applied retrospectively to a completed order, cannot be exchanged for cash, and may not be combined unless expressly stated. We may withdraw or vary a promotion at any time before your order is dispatched.

5.6 If you believe a charge is incorrect, please contact us before initiating a chargeback so that we can investigate. Where a chargeback is made and is subsequently determined not to have been justified, we may recover from you the reasonable costs we actually incur as a result, including fees charged to us by the payment provider.

6. Delivery

6.1 Delivery is governed by our Shipping and Delivery Policy, which forms part of these Terms.

6.2 Delivery timeframes shown on the Site or communicated to you are good faith estimates based on information from our suppliers and carriers. They are not guaranteed delivery dates and time is not of the essence unless we have expressly agreed otherwise in writing.

6.3 Risk in the Goods passes to you on delivery in accordance with the Shipping and Delivery Policy. Title in the Goods passes to you when we have received payment in full.

7. Returns, refunds and consumer guarantees

7.1 Returns and refunds are governed by our Returns and Refunds Policy, which forms part of these Terms.

7.2 Nothing in these Terms or in any of our policies excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.

7.3 Our goods come with guarantees that cannot be excluded 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.

8. Your use of the Site

8.1 You must not use the Site: for any unlawful purpose; to transmit malicious code; to harvest, scrape or systematically extract data; to interfere with or place unreasonable load on the Site or its infrastructure; to impersonate any person; to infringe any third party’s rights; or to circumvent any security or access control.

8.2 If you create an account you are responsible for keeping your credentials secure and for all activity under your account. Notify us promptly of any unauthorised use.

8.3 We may suspend, restrict or terminate your access to the Site or your account, and may refuse to supply you, where you breach these Terms or where we reasonably suspect fraudulent or abusive conduct.

9. Intellectual property

9.1 All content on the Site, including text, graphics, logos, product photography, copy, layout, design and software, is owned by or licensed to us and is protected by copyright and trade mark laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and view the Site for personal, non-commercial purposes.

9.2 You must not reproduce, distribute, adapt, publish, frame, sell or commercially exploit any part of the Site without our prior written consent.

9.3 Where you submit a review, comment, photograph, video or other material to us or tag us on social media, you grant us a perpetual, worldwide, royalty-free, non-exclusive, sublicensable licence to use, reproduce, adapt, publish and display that material in connection with our business and marketing, and you warrant that you own or control the necessary rights and that the material does not infringe any third party’s rights or any law. You may ask us to stop using material you have submitted by contacting us, and we will do so within a reasonable time in respect of future use.

10. Third party links and services

10.1 The Site may link to or integrate with third party websites, applications, payment providers, carriers and platforms. We do not control those services and we are not responsible for their content, availability, terms or privacy practices. Links are provided for convenience and do not imply endorsement.

11. Liability

11.1 This clause is subject to clause 7.2. Nothing in this clause operates to exclude, restrict or modify the application of any non-excludable statutory guarantee, right or remedy.

11.2 To the maximum extent permitted by law, we exclude all warranties, representations and conditions other than those expressly set out in these Terms or imposed by law.

11.3 To the maximum extent permitted by law, we are not liable to you for any indirect, incidental, special or consequential loss, or for loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, loss of data, business interruption or loss of goodwill, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if we have been advised of the possibility of that loss.

11.4 To the maximum extent permitted by law, and subject to clause 11.1, our total aggregate liability to you arising out of or in connection with an order is limited to the amount you paid for the Goods to which the claim relates.

11.5 To the maximum extent permitted by law, where the Goods supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failure to comply with a consumer guarantee is limited, at our election, to the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, or the payment of the cost of doing any of those things.

11.6 Our liability is reduced to the extent that your act or omission, or that of a person acting on your behalf, caused or contributed to the loss.

12. Indemnity

12.1 To the maximum extent permitted by law, you indemnify us against loss, damage, liability and reasonable costs (including reasonable legal costs) that we suffer or incur arising directly from your breach of these Terms, your unlawful use of the Site, or your infringement of a third party’s rights, reduced proportionately to the extent that our act or omission caused or contributed to the loss.

13. Events outside our control

13.1 We are not in breach of these Terms and are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including natural disaster, fire, flood, epidemic or pandemic, war, civil unrest, terrorism, strike or industrial action, failure of transport or logistics networks, customs or border delay, cyber attack, failure of telecommunications or utilities, supplier insolvency, or action of a government or regulator. This clause does not affect your rights under the Australian Consumer Law, including your right to a remedy where Goods are not supplied within a reasonable time.

14. Resolving a problem

14.1 If you have a complaint, please contact us first at contact@shopnovara.com.au. We will acknowledge your complaint within 2 business days and aim to respond substantively within 14 business days.

14.2 If we cannot resolve the matter between us, each party agrees to consider in good faith a low cost resolution process such as mediation before commencing proceedings.

14.3 Nothing in this clause prevents you from contacting the Australian Competition and Consumer Commission, your State or Territory consumer protection agency, the Office of the Australian Information Commissioner, a relevant tribunal, or a court, or from exercising any chargeback right available through your payment provider, at any time.

15. Governing law

15.1 These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

15.2 Nothing in clause 15.1 limits any right you have to bring proceedings, or to seek the protection of consumer laws, in the State or Territory in which you ordinarily reside.

16. Changes to these Terms

16.1 We may update these Terms from time to time by publishing the amended version on the Site. The version of the Terms that applies to an order is the version in force at the time the order is placed.

17. General

17.1 Severability. If a provision of these Terms is void, unenforceable or unlawful, it is severed or read down to the minimum extent necessary and the remainder continues in force.

17.2 Waiver. A failure or delay by us in exercising a right is not a waiver of that right.

17.3 Assignment. You may not assign your rights under these Terms without our written consent. We may assign or novate our rights and obligations, including on a sale of our business, provided this does not adversely affect your rights.

17.4 Entire agreement. These Terms, together with our other policies, constitute the entire agreement between you and us in relation to the Goods and supersede prior representations, except that nothing in this clause excludes liability for misleading or deceptive conduct.

17.5 Electronic communications. You consent to receiving notices, confirmations, tax invoices and other communications from us electronically, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

17.6 Survival. Clauses 9, 11, 12, 15 and 17 survive termination or expiry of these Terms.