Terms of service
Native Bottega Terms of Service for Service Use and Product Purchase
This extensive legal instrument constitutes a legally binding contractual agreement (hereinafter referred to as "the Agreement") between the entity accessing, Browse, or otherwise utilizing the functionalities of this web domain or its associated e-commerce platforms (hereinafter referred to as "the User" or "the Buyer") and Native Bottega, a corporate entity duly constituted and operating in strict accordance with the prevailing laws of the Commonwealth of Australia (hereinafter referred to as "the Company," "we," "us," or "our"). Continued access, perpetual Browse, and indefinite utilization of any and all services offered by Native Bottega (collectively, the "Service"), including, but not limited to, the execution of commercial transactions for the acquisition of products through the aforementioned digital channels, are intrinsically and inextricably conditioned upon the full, unconditional, and irrevocable acceptance and meticulous observance of all clauses, conditions, provisions, and stipulations meticulously delineated herein. Should the User harbor any dissent, whether partial or total, with respect to any of the terms or conditions expressed within this document, the use of the Service and the purchase of products are categorically prohibited and inhibited. Persistent utilization of the Service or the finalization of any purchase procedure shall be unequivocally and undeniably interpreted as an explicit, conscious, and binding acceptance of all present Terms of Service.
Article 1: General Dispositions and Amendment Authority
1.1 The Company reserves the exclusive, unlimited, and unappealable right to modify, amend, integrate, or update, at any given time and at its sole unilateral discretion, whether in whole or in part, the present contractual provisions of the Terms of Service. Such modifications shall be considered immediately effective and binding from the moment of their publication on our official website or on the pertinent digital platform, without the necessity of further direct notification to the User. It is the Buyer's inherent and inescapable responsibility to periodically monitor this section to remain constantly informed of any updates. Continued use of the Service subsequent to the publication of such modifications shall constitute implicit, unequivocal, and irrevocable acceptance of said modifications.
1.2 The potential ascertainment of invalidity, nullity, or unenforceability of any single clause or provision contained within these Terms of Service by a competent judicial authority shall not vitiate, nor in any manner prejudice, the full validity, efficacy, and enforceability of the remaining provisions, which shall remain in full force and effect. Any failure or delay in the enforcement of a right or provision by the Company shall not be construed as a waiver of such right or provision, nor shall it preclude its future application.
Article 2: Intrinsic Product Attributes and Limitations of Liability
2.1 The products commercialized through the Service are, by their intrinsic nature, frequently characterized by uniqueness, artisanal craftsmanship, or derivation from natural sources. Consequently, it is foreseeable and acceptable that they may manifest distinctive peculiarities such as, but not limited to, slight chromatic discrepancies, minimal dimensional variations, textural dissimilarities, differences in conformation, surface finish, or overall appearance when compared to photographic representations or textual descriptions provided. Such differences are to be considered constitutive and distinctive attributes of the product and do not represent, in any manner or circumstance, a defect of conformity or a substantial discrepancy from the description provided.
2.2 Product descriptions, illustrative images, and technical specifications made available on the Service are intended for purely illustrative purposes and do not constitute an explicit, implied, or tacit guarantee of absolute correspondence. The Company disclaims all responsibility for inadvertent typographical errors, non-substantial technical inaccuracies, or secondary omissions in product descriptions. The Buyer explicitly acknowledges and accepts that any minor defect or aesthetic imperfection that does not compromise the essential functionality of the product and that is consistent with the unique or artisanal nature of the item shall not give rise to claims, requests for remedy, or disputes of any kind.
2.3 The Buyer bears sole and unconditional responsibility for determining the suitability of the purchased product for their specific purposes and individual needs. The Company disclaims any and all responsibility for improper use of the product or for its potential unsuitability to satisfy particular needs of the Buyer that have not been explicitly and in writing guaranteed by the Company itself.
Article 3: Return and Refund Policy, and Operational Sustainability Orientation
3.1 In strict observance and conformity with the inalienable provisions of Australian Consumer Law (ACL), the normative corpus of which is enshrined in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Company acknowledges the existence of implied and inalienable legal guarantees that cannot be excluded, restricted, modified, or derogated by contractual means. Such guarantees include, among others, that goods are of acceptable quality, fit for their declared purpose, and correspond to the description provided. Our return and refund policy has been meticulously formulated to operate exclusively within these rigid and defined legal parameters.
3.2 Notwithstanding the aforementioned inalienable legal guarantees, and considering the intrinsic nature of our products, their peculiar uniqueness, the potential and foreseeable presence of natural variations or minor imperfections inherent to their artisanal or natural origin, as well as in virtue of our resolute commitment to minimizing the environmental impact associated with non-essential logistical movements, Native Bottega does not accept returns or provide refunds based on a mere "change of mind" by the Buyer or on slight aesthetic discrepancies that fall within the expected variations for inherently unique, artisanal, or naturally derived products.
3.3 Should a product be unilaterally deemed by the Buyer not to comply with a legal guarantee under the ACL, the Buyer is strictly required to notify the alleged "failure" in writing to the Company, providing an exhaustive and detailed description of the issue, accompanied by photographic or video evidence (where pertinent and relevant) and valid proof of purchase. Each claim shall be scrupulously evaluated individually by the Company in strict conformity with the principles and directives of the ACL. The determination of whether a "failure" is to be qualified as major or minor, and the consequent applicable remedy (which may be, at our sole discretion, a repair, a replacement, or, as a last and residual resort, a refund), shall be made by the Company in accordance with the guidelines provided by the ACCC. The Company's final decision regarding the application of a remedy shall be definitive and binding upon the Buyer, save for their right to appeal to the competent consumer protection authorities.
3.4 No refunds or returns shall be processed whatsoever for products that have been damaged after delivery due to a cause directly attributable to the Buyer, for normal wear and tear resulting from use, or for failure to observe the care and maintenance instructions provided by the Company.
Article 4: Pricing Policy, Payment Methods, and Product Availability
4.1 All product prices displayed on the Service are denominated in Australian Dollars (AUD) and include the Australian Goods and Services Tax (GST) where legally applicable, unless otherwise and specifically indicated. It is emphasized that the indicated prices do not include shipping costs, any customs duties, import taxes, or other fiscal or para-fiscal charges, which shall be calculated and added to the total order, where applicable, according to the methods and terms detailed in our separate Shipping Policy.
4.2 The Company reserves the unilateral right to modify product prices at any time and without obligation of prior notice to the Buyer. The price applicable to the Buyer shall be irrevocably that indicated at the time of order finalization. We shall not be held responsible for any pricing errors that have not been corrected before the definitive completion of the purchase transaction.
4.3 Product availability is intrinsically subject to variations and may be limited. Should a product prove unavailable or out of stock subsequent to order confirmation, the Company undertakes to promptly inform the Buyer of such unavailability and to offer a full refund for the unavailable item or, if applicable and possible, to propose an alternative of equal or superior value.
Article 5: Intellectual Property and Related Rights
5.1 All content present on and accessible through the Service, including, by way of example but not limitation, texts, graphic elements, distinctive logos, photographic images, video content, audio files, software applications, and the compilation and arrangement of such content, are the exclusive property of Native Bottega or its legitimate licensors. They are fully protected by copyright laws, trademark laws, and other intellectual property regulations in force in Australia and internationally.
5.2 Unauthorized use, reproduction, distribution, modification, creation of derivative works, public display, public performance, republication, download, storage, or transmission of any material present on our Service is strictly prohibited and may result in violations of copyright laws, trademark laws, privacy and publicity laws, as well as applicable communication regulations and statutes. Reproduction, distribution, modification, creation of derivative works, public display, public performance, republication, download, storage, or transmission of any material present on our Service is also prohibited, except as strictly necessary for the personal and non-commercial use of the Service itself or as otherwise explicitly permitted in writing by the Company.
Article 6: Limitation of Liability and Indemnification Clause
6.1 To the fullest extent permitted by applicable law, Native Bottega, along with its directors, executive officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, shall under no circumstances be held liable for any damages, whether direct, indirect, incidental, punitive, special, or consequential, of any nature whatsoever, including, but not limited to, 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 the use of any Service or any product acquired through the Service, or for any other claim related in any way to the 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.
6.2 The Buyer agrees to indemnify, defend, and hold harmless Native Bottega, its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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.