Terms of service
TERMS OF SERVICE
Last updated: 13 July 2026
1. ABOUT THESE TERMS
These Terms of Service govern your access to and use of nyvascarves.com, including any associated webpages, features, content and services made available through the website, and any purchase you make from us.
The website and online store are operated by NYVA Pty Ltd (ABN 47 673 567 729), an Australian company based in Melbourne, Victoria, Australia. In these Terms, “NYVA”, “we”, “us” and “our” mean NYVA Pty Ltd.
“You” and “your” mean any person who accesses the website, creates an account or places an order through the website.
By accessing the website or placing an order, you agree to these Terms. If you do not agree to these Terms, you must not use the website or place an order.
These Terms incorporate our:
• Shipping Policy;
• Exchange Policy;
• Order Changes & Cancellation Policy;
• Privacy Policy; and
• any product-specific, promotional or other terms displayed to you before you place an order.
These policies are available through the Customer Care section of our website.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified.
2. ELIGIBILITY
To place an order, you must:
• be at least 18 years old, or have the permission and supervision of a parent or legal guardian;
• have legal capacity to enter into a binding agreement;
• provide accurate and complete information; and
• be authorised to use the payment method submitted with the order.
If you place an order on behalf of another person or organisation, you confirm that you have authority to bind that person or organisation to these Terms.
3. ACCOUNTS
You may be able to create a customer account on the website.
You are responsible for:
• providing accurate account information;
• keeping your login details secure;
• restricting access to your account and devices; and
• notifying us promptly if you believe your account has been accessed without authorisation.
You must not impersonate another person, create an account using false information or use another person’s account without permission.
We may suspend or restrict an account where we reasonably believe this is necessary to prevent fraud, misuse, unlawful activity or a security risk. Where reasonably possible, we will provide an explanation and an opportunity to contact us.
4. PRODUCT INFORMATION
We take reasonable care to ensure that product descriptions, photographs, colours, measurements, materials, availability and other information displayed on the website are accurate.
However:
• colours may appear differently depending on your screen, display settings and lighting;
• measurements may vary slightly because of manufacturing and measurement methods;
• handmade or fabric products may have minor natural variations; and
• packaging may change from time to time.
These variations do not affect any rights you may have where a product is faulty, materially different from its description or otherwise fails to meet a consumer guarantee.
Product images are provided for illustration but form part of the product description where a reasonable customer would rely on them.
You should review the product description, sizing information, care instructions and any product-specific conditions before placing an order.
5. PRICES, CURRENCIES AND TAXES
Prices are displayed in the currency selected for your location or chosen through the website’s currency selector.
For orders delivered within Australia, prices are displayed in Australian dollars and include GST where applicable.
For international orders, the displayed price may be converted into a local currency. Your bank, card issuer or payment provider may apply its own exchange rate, foreign transaction fee or other charge. NYVA does not control those charges.
Shipping charges, taxes and duties collected by us will be displayed at checkout before you submit your order.
For some international destinations, customs duties, import taxes or clearance fees may be payable directly to the relevant authority or carrier. Unless the checkout expressly states that these charges have been prepaid, they are your responsibility.
We may change product prices at any time. A price change will not affect an order that we have already accepted.
6. PROMOTIONS AND DISCOUNT CODES
Promotions, discount codes, free-shipping offers, gifts with purchase and similar offers may be subject to additional conditions displayed with the offer.
Unless otherwise stated:
• offers cannot be combined;
• discount codes must be entered before checkout is completed;
• discounts cannot be applied retrospectively;
• offers are subject to availability;
• minimum-spend thresholds exclude shipping and duties; and
• an offer may be limited to particular products, customers, locations or dates.
We may correct or cancel a promotion where there has been an obvious error, technical malfunction or misuse. If this affects an order you have already paid for, we will contact you and provide an appropriate option, including a refund where the order cannot proceed.
7. PLACING AN ORDER
When you submit an order, you are offering to purchase the selected products in accordance with these Terms.
After your order is submitted, you will normally receive an automated order confirmation. This confirmation acknowledges that we have received your order but does not necessarily mean that the order has been accepted.
An order is accepted when we:
• send you a dispatch confirmation;
• expressly confirm that the order has been accepted; or
• otherwise begin fulfilling the order.
We may contact you to verify your identity, payment method, delivery information or other order details before accepting or dispatching an order.
You must check your order confirmation promptly and contact us as soon as possible if any information is incorrect.
8. ORDER REFUSAL OR CANCELLATION BY NYVA
We may refuse or cancel an order on reasonable grounds, including where:
• a product is unavailable;
• there is an obvious pricing, description or inventory error;
• payment is declined, reversed or cannot be verified;
• the order appears fraudulent or unauthorised;
• the order appears to be for unauthorised resale;
• the delivery address is incomplete, invalid or outside an area we can service;
• the order would breach a law, sanction, court order or regulatory requirement; or
• fulfilling the order would create a material safety or security risk.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products and any corresponding shipping charge using the original payment method, unless another method is agreed with you.
We will not cancel an accepted order merely because we later decide that the agreed price was commercially unfavourable.
9. PAYMENT
You must pay the total amount shown at checkout using one of the payment methods offered on the website.
Payments may be processed by third-party payment providers. Their own terms and privacy practices may apply to the payment service they provide.
You authorise us and the relevant payment provider to charge the selected payment method for the total order amount.
If a payment is declined or reversed, we may pause or cancel the order. You remain responsible for any amount properly payable for products that have already been supplied, subject to applicable law.
We do not knowingly collect or retain complete payment-card details where those details are processed directly by an authorised payment provider.
10. PRE-ORDERS
A product identified as a “pre-order” is not immediately available for dispatch.
The applicable product page will provide an estimated dispatch date or timeframe. By placing a pre-order, you acknowledge that:
• the dispatch date is an estimate;
• manufacturing, freight, customs or other circumstances may cause reasonable delays; and
• other items ordered with the pre-order product may be held and shipped together unless otherwise stated.
We will notify you if we become aware of a material delay.
A delay within the estimated timeframe does not provide an automatic change-of-mind cancellation right. However, this does not affect any cancellation or refund right available under applicable consumer law, including where we cannot supply the product within a reasonable time.
11. ORDER CHANGES AND CUSTOMER CANCELLATIONS
We begin processing orders promptly. We therefore cannot guarantee that an order can be changed or cancelled after it has been submitted.
If you notice an error or wish to request a change, contact us as soon as possible with your order number.
We will make reasonable efforts to assist, but a requested change may not be possible once an order has been processed, packed or dispatched.
Our Order Changes & Cancellation Policy provides further information about:
• item, colour, size and quantity changes;
• delivery-address changes;
• shipping-method changes;
• discount-code adjustments;
• pre-order cancellations; and
• orders that have already been dispatched.
This section does not limit any mandatory cancellation or withdrawal right available under applicable consumer law.
12. SHIPPING AND DELIVERY
Shipping options, estimated processing times, delivery estimates and applicable shipping charges are set out in our Shipping Policy and at checkout.
Delivery dates are estimates unless we expressly agree to a guaranteed delivery date.
Delivery may be affected by circumstances outside our reasonable control, including:
• carrier delays;
• customs processing;
• severe weather;
• industrial action;
• public holidays;
• natural disasters;
• border restrictions;
• incorrect delivery information; or
• periods of unusually high order volume.
We will take reasonable steps to fulfil orders within the stated timeframe and keep you informed of any material delay that becomes known to us.
You are responsible for providing a complete and accurate delivery address.
If an order is returned because the address provided was incomplete or incorrect, the parcel was refused or the parcel was not collected, we may require payment of the reasonable cost of reshipping it.
If you authorise a carrier to leave a parcel without a signature or at a nominated safe location, responsibility for loss occurring after delivery may pass to you to the extent permitted by law.
Nothing in this section limits our responsibility for a parcel that is lost, damaged or incorrectly delivered where applicable law makes us responsible.
13. INTERNATIONAL ORDERS, DUTIES AND CUSTOMS
International orders may be subject to import duties, taxes, customs fees, brokerage charges or other government charges.
Where these charges are not expressly included and collected at checkout, you are responsible for paying them.
Customs authorities may open or inspect a parcel and may delay, retain or refuse its entry. NYVA does not control customs authorities or their processing timeframes.
If a parcel is returned to us because applicable customs charges were not paid, we may:
• offer to resend it after payment of the reasonable reshipping costs; or
• issue any refund that is legally required, less reasonable and unrecoverable shipping, return or customs costs where such a deduction is permitted by law.
If the parcel is not returned to us, we will assist with a reasonable carrier enquiry where possible and deal with the matter in accordance with applicable law.
14. RETURNS, EXCHANGES AND CHANGE OF MIND
Our Exchange Policy explains the voluntary exchanges or store-credit options that NYVA may offer for change-of-mind purchases.
Any change-of-mind return or exchange is subject to the conditions stated in that policy, which may include:
• a stated request period;
• proof of purchase;
• prior return authorisation;
• the product being unworn, unwashed and unused;
• tags and packaging remaining intact; and
• exclusions for hygiene-sensitive, personalised, final-sale or discounted products.
A voluntary change-of-mind policy is separate from your legal rights relating to faulty, unsafe, damaged, misdescribed or otherwise non-compliant products.
Any restrictions applying to change-of-mind returns do not apply where doing so would unlawfully limit a mandatory consumer right.
15. AUSTRALIAN CONSUMER LAW
If you are a consumer for the purposes of the Australian Consumer Law, the products we supply come with consumer guarantees that cannot be excluded.
Among other things, products must be:
• of acceptable quality;
• fit for their normal purpose and any particular purpose that you made known to us;
• consistent with their description, sample or demonstration model; and
• supplied with clear title and without undisclosed securities.
If a product does not meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy. The available remedy will depend on the circumstances and whether the failure is major or minor.
For a major failure with a product, you may be entitled to choose between a refund and a replacement.
For a minor failure, we may choose to repair or replace the product within a reasonable time. If we do not do so, additional remedies may become available.
We may reasonably inspect or request evidence of the product issue before providing a remedy. Requiring an assessment does not remove or reduce your statutory rights.
Where a product is confirmed to have a fault covered by the Australian Consumer Law, we will reimburse reasonable return costs where required by law.
You do not have to return a product in its original packaging to exercise a statutory right, although we may request proof of purchase or other reasonable evidence of the transaction.
Statements in these Terms or any other NYVA policy concerning “final sale”, “no refunds”, return periods, hygiene exclusions, sale products, tags, packaging, return shipping or store credit apply only to the extent permitted by law.
16. RIGHTS OF CUSTOMERS OUTSIDE AUSTRALIA
Customers outside Australia may have mandatory consumer rights under the laws applying in their country or region.
Nothing in these Terms is intended to exclude or restrict a mandatory right that applies to you.
Consumers in the United Kingdom, European Union or European Economic Area may have a statutory right to withdraw from an eligible distance purchase within a specified period. Details of the applicable withdrawal process and relevant exceptions are set out in our Shipping Policy.
Where a mandatory local law conflicts with these Terms, the mandatory local law applies to the extent of the conflict.
17. GIFT CARDS AND STORE CREDIT
Gift cards and store credit are subject to any additional terms stated when they are issued or purchased.
Unless required by law:
• gift cards and store credit cannot be exchanged for cash;
• lost or stolen codes may not be replaceable unless ownership can be verified; and
• store credit may be limited to use through the NYVA website.
Any expiry date will comply with applicable law. Nothing in this section limits any right available under gift-card or consumer-protection legislation.
18. WEBSITE AVAILABILITY AND ACCURACY
We take reasonable steps to keep the website available, secure and accurate. However, we do not guarantee that the website will always be uninterrupted, error-free or free from harmful components.
We may temporarily restrict access to part or all of the website for maintenance, security, updates or circumstances outside our reasonable control.
We may correct typographical errors, technical errors, inaccurate product availability, pricing errors or other omissions.
If a correction materially affects an order that you have already submitted, we will contact you and provide a reasonable opportunity to confirm or cancel the affected part of the order.
General information on the website is provided for informational purposes and should not be treated as professional, medical, religious, legal or other specialist advice.
19. ACCEPTABLE USE
You must not use the website:
• for an unlawful, fraudulent or deceptive purpose;
• to violate another person’s rights;
• to submit false or misleading information;
• to distribute malware or harmful code;
• to interfere with the website’s operation or security;
• to attempt unauthorised access to an account, system or network;
• to scrape, copy or extract website content through automated means without permission;
• to send spam or unsolicited commercial communications;
• to impersonate another person;
• to circumvent security, access or purchase restrictions;
• to make fraudulent payment disputes or chargebacks; or
• in a manner that could reasonably damage NYVA, another customer or a third party.
Reasonable use of ordinary search engines, accessibility tools and personal browser functions is not prohibited.
We may restrict access where we reasonably believe that a person has engaged in prohibited conduct. Any action we take will be proportionate to the conduct and will not affect rights relating to an existing order unless reasonably necessary.
20. INTELLECTUAL PROPERTY
The website and its contents—including the NYVA name, logos, product designs, text, graphics, photographs, videos, layout and software—are owned by or licensed to NYVA and are protected by intellectual-property laws.
You may access and use the website for personal, non-commercial shopping and information purposes.
You must not, without our prior written permission:
• reproduce or commercially exploit a substantial part of the website;
• use NYVA trade marks in a misleading manner;
• copy product photography or marketing content for commercial use;
• create derivative commercial works from our protected content; or
• suggest that NYVA endorses or is associated with you where it does not.
Nothing in these Terms prevents a use that is permitted by law, including applicable fair-dealing exceptions.
21. REVIEWS, COMMENTS AND USER CONTENT
If you submit a product review, photograph, video, comment, feedback or other content to NYVA, you confirm that:
• you created the content or have permission to submit it;
• the content is accurate to the best of your knowledge;
• the content does not infringe another person’s rights;
• the content is not unlawful, defamatory, threatening or deceptive; and
• the content does not contain malicious code.
You retain ownership of your content.
You grant NYVA a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, adapt and communicate that content for the purposes of operating, promoting and improving NYVA and its products. This licence continues for as long as the content is used, but you may contact us to request that future use stop where reasonably practicable.
We may moderate or remove content where we reasonably believe it breaches these Terms, the law, platform rules or another person’s rights.
We are not required to publish every review or submission. We will not suppress or alter genuine customer reviews merely because they are negative.
22. THIRD-PARTY SERVICES AND LINKS
The website may use or link to third-party services, including Shopify, payment providers, delivery carriers, analytics providers, social-media platforms and other applications.
A third party’s separate terms and privacy policy may apply when you use its service.
We are not responsible for the independent content or conduct of a third-party website that we do not control. However, this does not exclude any responsibility that the law places on NYVA in connection with your purchase.
A link does not necessarily mean that NYVA endorses the third party or its content.
23. PRIVACY
We handle personal information in accordance with our Privacy Policy and applicable privacy laws.
By using the website, you acknowledge that personal information may be collected, used and disclosed as described in the Privacy Policy, including where reasonably necessary to:
• process and deliver orders;
• take payments;
• provide customer support;
• prevent fraud;
• operate and improve the website;
• comply with legal obligations; and
• send marketing communications where you have consented or where otherwise permitted by law.
You may unsubscribe from promotional emails using the unsubscribe link in the message. Service-related communications concerning an order or account may still be sent where necessary.
24. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies:
• the Australian Consumer Law;
• any other mandatory consumer right;
• liability for fraud or fraudulent misrepresentation;
• liability for wilful misconduct; or
• any liability that cannot lawfully be excluded or limited.
To the maximum extent permitted by law, neither NYVA nor you will be liable to the other for an indirect or consequential loss that was not reasonably foreseeable when the relevant contract was formed.
NYVA is not responsible for loss to the extent that it was directly caused by:
• your breach of these Terms;
• incorrect information provided by you;
• your misuse of a product contrary to its care or safety instructions;
• an unauthorised use of your account that resulted from your failure to take reasonable security precautions; or
• an event outside our reasonable control that we could not reasonably prevent.
Any limitation applies only to the extent that it is fair, reasonable and legally permitted in the circumstances.
25. EVENTS OUTSIDE REASONABLE CONTROL
Neither party will be responsible for delay or failure caused by an event outside that party’s reasonable control.
Examples may include natural disasters, severe weather, fire, flood, epidemic, war, civil disorder, government action, border closure, industrial action, major transport disruption, telecommunications failure or widespread system outage.
The affected party must take reasonable steps to reduce the impact of the event.
If such an event materially delays an order, we will provide available information and any option required by applicable law, which may include cancellation and a refund where the order cannot be supplied within a reasonable time.
26. SUSPENSION AND TERMINATION OF WEBSITE ACCESS
You may stop using the website at any time.
We may suspend or terminate your access to the website where we reasonably believe that:
• you have seriously or repeatedly breached these Terms;
• your activity is fraudulent or unlawful;
• your activity creates a material security risk; or
• suspension is required by law.
Where reasonably practicable, we will provide notice and an explanation.
Termination of website access does not cancel an accepted order unless cancellation is reasonably necessary and permitted under these Terms or applicable law.
Rights and obligations that arose before termination continue to apply.
27. CHANGES TO THESE TERMS
We may update these Terms to reflect changes to:
• our business or services;
• our website or technology;
• applicable law or regulatory guidance; or
• reasonable operational requirements.
The updated Terms will be published on this page with a revised “Last updated” date.
Changes apply prospectively from the date they are published. The terms applying to an order are generally the terms displayed when that order was placed, unless:
• a change is required by law;
• the change benefits you; or
• you expressly agree to the change.
28. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the minimum extent necessary.
If it cannot be read down, it will be removed, and the remaining provisions will continue to apply.
29. WAIVER
If either party does not immediately enforce a right under these Terms, that does not mean the right has been waived.
A waiver is effective only in relation to the specific circumstance for which it is given.
30. ENTIRE AGREEMENT
These Terms and the policies incorporated into them form the agreement between you and NYVA concerning your use of the website and purchases made through it.
They do not exclude any representation, guarantee or other term that cannot lawfully be excluded.
If a product page or promotion contains a specific term that conflicts with a general term in this document, the specific term applies to that product or promotion, provided that it is lawful and clearly disclosed before purchase.
31. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Victoria, Australia, and the applicable laws of the Commonwealth of Australia.
The courts of Victoria and courts entitled to hear appeals from them have non-exclusive jurisdiction.
This governing-law provision does not prevent you from relying on mandatory consumer rights or bringing a claim in another jurisdiction where applicable law gives you that right.
If you have a complaint or dispute, please contact us first and provide:
• your name;
• your order number, where relevant;
• a description of the issue; and
• the outcome you are seeking.
We will review the matter and make reasonable efforts to respond promptly and resolve it fairly.
You may also contact the consumer-protection authority or dispute-resolution service available in your location.
32. CONTACT US
Questions about these Terms or an order can be submitted through our Contact Us page or sent to:
NYVA Pty Ltd
ABN 47 673 567 729
Melbourne, Victoria, Australia
Email: info@nyvascarves.com
Customer service hours and expected response times are displayed on our Contact Us page.