1.1 Unless otherwise expressly agreed in writing, all Products and Services are supplied on the following terms and conditions which shall include:
(a) Contractual agreement signed
(b) The invoice (“Invoice”) provided by Nektaria Pty Ltd;
(c) These Terms and Conditions;
(d) Sketch (only applicable to Custom orders);
(e) Each additional Product or Service purchased by the Customer and accepted by Nektaria Pty Ltd
For the purposes of these terms a reference to “Agreement” shall mean the above documents in clause 1.1(a) to 1.1(e)
1.2 If there is any conflict or inconsistency between the above documents, the documents will rank in order of precedence with the order in which they are listed in clause 1.1 above.
1.3 Each Purchase made by the Customer and accepted by Nektaria Pty Ltd will be accepted on these Terms and Conditions, to the exclusion of all other terms including and terms and conditions referenced or set forth on the face or reverse side of any other document presented by the Customer.
2.1 The following capitalized terms will be defined as follows:
Agreement has the meaning given to that term in clause 1.1
Australian Consumer Law means the Competition and Consumer Act Cth 2010 as amended from time to time.
Customer means the party who Nektaria Pty Ltd will supply the Products, Services as specified in the Quote
Company means Nektaria Pty Ltd ACN 156 581 252
Order means Customer acceptance of the Invoice submitted to them by Nektaria Pty Ltd upon paying to Nektaria Pty Ltd a minimum deposit as stated on the Invoice.
Price means the total amount payable by the Customer to Nektaria Pty Ltd in relation to the Products or Services as specified in the Invoice.
Products means any Nektaria Pty Ltd products or such other third party products as specified in the Invoice.
Invoice means the quotation in the form of an invoice submitted by Nektaria Pty Ltd to the Customer.
Services means any services Nektaria Pty Ltd agrees to perform.
Sketch means a hand drawn drawing of a custom gown designed by Nektaria Pty Ltd for the Customer.
Terms and Conditions means these terms and conditions.
Event Date provided by the Customer to Nektaria Pty Ltd is the event date of the Customer for which the Products are required.
3. Terms and Conditions
3.1 Any quotes provided by Nektaria Pty Ltd are subject to the Products, Services and materials being available at such time when the Customer pays their deposit.
3.2 Invoices are valid for 5 days from the date specified on the Invoice. Nektaria Pty Ltd reserves the right to vary its Price beyond the validity period.
3.3 Unless otherwise indicated in an Invoice or writing, an Order will not be considered binding on Nektaria Pty Ltd or come into force until Nektaria Pty Ltd has received from the Customer a cash deposit or payment for the percentage of the Price and by the required date or dates as set out in the Invoice.
3.4 Nektaria Pty Ltd agrees to supply the Products and/or Services before the Event Date in accordance with the terms of the Agreement and in consideration of payment of the Price by the Customer by the required date or dates as set out in the Invoice.
3.5 The Customer has confirmed an Event Date provided in writing or contained on the Invoice. On payment of the deposit the Customer is confirming all details on the Invoice are correct.
3.6 The Customer will be liable for the full cost of the Products after the initial Deposit has been paid. As this is a custom made order request, Nektaria Pty Ltd commences the order once the deposit payment has been received.
3.7 Orders may be cancelled up to 24 hours after the order is originally placed, however the Customer understands the Deposit cannot be refunded at any stage due to fabric orders and administration fees. Once the Deposit has been received Nektaria Pty Ltd start the process to order materials for the Products. Additional cancellation fees may be incurred per manufacturer guidelines, payable by purchaser. A minimum of 25% of the sale cost will be deducted for administration cost.
3.8 If the Customer does not pay the full deposit to Nektaria Pty Ltd as nominated on the Invoice, Nektaria Pty Ltd may only be able to order part of the materials required for the garment which may cause delays, as fabric can take 5-8 months to arrive from overseas however we are aware of your collection date and considered this when processing your order. Nektaria Pty Ltd will order the remaining materials for the garment once the Customer has paid to Nektaria Pty Ltd a minimum of 50% of the Products full Price. Nektaria Pty Ltd takes no responsibility for delays caused resulting from the non-payment of the full deposit by the Customer as recommended by Nektaria Pty Ltd.
3.9 No changes can be made to the Customers fabric orders once the Order has been placed as the Deposit is used to purchase the fabric based on the agreed design and is non-refundable.
3.10 No changes can be made to the Products as designed once the material has been ordered. If a change is requested by the Customer, it will be assessed by Nektaria Pty Ltd’s management team who will decide whether the change is approved or rejected. A cost for the change will be required if the Change Request is approved Nektaria Pty Ltd. A Change Request form will be provided for the Customer to sign off on any approved changes.
3.11 Any alterations or changes required to the fit or the original design after the Products have been shipped and received will be completed at a cost to the Customer. All alternations are the responsibility of the customer and are to be organised and paid for by the Customer in their local country.
3.12 If the Customer chooses the Ship Out Base option, the Customer is responsible for returning shipping at their own cost. Nektaria Pty Ltd takes no responsibility for errors made by the Customer with this process or delays that occur in the process of Shipping.
3.13 Nektaria Pty Ltd will not release any garment to anyone other than the Customer without prior Customer authorization. If the Customer is unable to collect the garment, an alternate person is permitted to collect the garment only once the alternate person’s name and contact details have been provided to Nektaria Pty Ltd in writing by the Customer and approved by the Nektaria Pty Ltd.
3.14 The Customer is not entitled to returns, exchanges, refunds or transferred credits on any item sold by Nektaria Pty Ltd as a result of a event cancellation, event cancellation or change of mind by the Customer.
3.15 There are no returns, exchanges, refunds, or transferred credits on any item sold by Nektaria Pty Ltd, to the extent permissible pursuant to the Australian Consumer Law. The Customer agrees to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising from this agreement.
3.16 If the Customer believes the garment is faulty, the Customer is required to return the garment for a quality assurance review and check at the Melbourne Head office immediately as this must be before the event date. The parties agree to discuss and resolve any dispute in the first instance at the Company’s Head Office in Melbourne, Victoria, Australia.
3.17 Where the Customer has requested changes, minor alterations and/or modifications to the design detail after the design has been approved by the parties, which are agreed to by Nektaria Pty Ltd, Nektaria Pty Ltd takes no responsibility for errors or omissions however caused, resulting from any interpretation difficulties or secondary problems arising from such request.
3.18 All fabrics made to construct the Customer’s garment are extremely delicate and must be treated with care. All Nektaria products must be handled with care DRY CLEAN ONLY as the fabrics are very delicate. Please make sure the dry cleaner reads the label and uses a sample test first before the complete dry clean process will commence Nektaria Pty Ltd recommends that gloves are worn when assisting the Customer with fittings once the Customer has collected the garment, especially for gowns with sheer mesh netting and tulle. This mesh netting around the arms, chest and back can restrict the Customer from lifting her arms on her event/wedding date and doing so may cause damage. The soft sheer mesh/tule/netting is designed for one wear only.
3.19 The Customer is aware that some fabrics contain irregularities and variations in weaves, laces beadings and colour, and these are not considered flaws or defects. Colours, condition and appearance of some fabrics may differ due to deterioration of used samples and/or through general wear and tear. Please note black & dark blue fabrics can discolour skin and light surroundings.
3.20 It can take up to 8-14 months to complete the process of a custom and ready to wear gown unless it is an express order which may incur fees, which has been discussed in the first consultation and detailed on the Invoice, however the garment will be ready during the week of the event or earlier and only at the discretion of Nektaria Pty Ltd. Nektaria Pty Ltd will confirm pick up date at the second final fit.
3.21 If the Customer experiences fluctuating weight from the time of measurements or pregnancy, any additional appointments will be charged at $145 for 30-45 minute time-slots and additional costs will apply due to the requirement for purchasing of additional fabric, additional labour, and/or specialised construction.
3.22 Any merchandise or Products not paid in full 3 months after the event date is considered abandoned and will become property of the Nektaria Pty Ltd. Nektaria Pty Ltd is not responsible for contacting individuals in regards to any merchandise left behind and can sell the garment to recover costs for damages. Nektaria Pty Ltd will not be responsible for safe storage.
3.23 If invoices are not paid on time Nektaria Pty Ltd will charge a $245 late fee if it exceeds 30 days overdue, and this will accumulate every 30 days if invoices are overdue. Nektaria Pty Ltd is not obliged to continue with appointments until all invoices are paid up to date. If invoices are not paid by the dates required as detailed on the Invoice the Customer risks delays or fabric not being available. If fabric which is required to construct the Products are not available the Customer will be refunded.
3.24 The Products will only be collected or shipped once paid in full.
3.25 The following payment options are acceptable: Bank transfer, credit card excluding American Express (please note credit cards incur a 3.2% surcharge) in showroom and cash. Credit Cards will not be taken over the phone. If the Customer chooses to pay the final deposit via bank transfer the funds must be cleared before the time of pick up. For any Floor Stock or Sample sales, only Bank Transfer or Cash payments will be accepted.
3.26 The Customer agrees to respect and maintain the confidentiality of all discussions, information shared and commercial dealings between the Customer and Nektaria Pty Ltd and agrees not to use or disclose, or allow to use or disclose this confidential information (including but not limited to) other people, companies, media organisations, past or present clients of Nektaria Pty Ltd and anyone subcontracted by Nektaria Pty Ltd.
3.27 Nektaria Pty Ltd will allocate a staff member who will assist the Customer with requests during the process and administration management. Our head designer Nektaria will only be accessible to speak directly to the Customer during the design phase of the appointment process and this can be via Zoom virtual appointments or in person. For international customers all appointments will be via Zoom.
3.28 By paying this invoice the Customer is aware that Customs Tax or Duties may be charged upon delivery by their local country. The Customer is responsible for paying for any Customs Tax or Duties charged upon delivery.
3.29 During the Covid-19 Pandemic, there may be necessary unforeseen changes to procedures, appointments, locations and collection dates. In any of these instances, the Company will communicate these changes and any impacts to the Customer. The Company appreciates the Customer’s cooperation and patience during this unpredictable period.