Terms of service

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website, products, and services offered by Dear Nikola (“Dear Nikola,” “we,” “our,” “us”). By accessing or purchasing from our website (the “Site”), you (“you,” “your,” the “Customer”) agree to be bound by these Terms.

If you do not agree, please do not use the Site.

1) Eligibility & Account

  • You must be at least the age of majority in your place of residence to purchase.

  • If you create an account, you are responsible for safeguarding your login credentials and for all activities under your account.

2) Products, Pricing & Availability

  • Product descriptions: We strive for accuracy, but minor variations (colour, materials, finish, packaging) may occur. Images and videos are illustrative.

  • Pricing: Prices, promotions, and discounts may change without notice. Taxes, duties, and other government charges (if applicable) are your responsibility unless otherwise stated.

  • Availability: Product availability is not guaranteed. We may limit quantities, refuse, or cancel orders for any reason, including suspected fraud.

3) Orders, Acceptance & Payment

  • Order acceptance: Your order is an offer to purchase. We may accept, reject, or cancel an order at our discretion (including due to stock, pricing/description errors, or fraud flags).

  • Payment: You authorise us and our payment processors to charge the total amount at checkout. By submitting payment details, you confirm you are authorised to use that method.

  • Order confirmation: A confirmation email acknowledges receipt, not acceptance. Acceptance occurs once we dispatch your order.

4) Shipping, Delivery & Risk of Loss

  • Dispatch & timelines: Delivery windows are estimates, not guarantees. Delays may occur due to carriers, customs, peak seasons, or factors outside our control.

  • Risk of loss: Risk transfers to you once goods are tendered to the carrier. We are not liable for loss or damage in transit unless shipping protection was purchased.

  • Address accuracy: You are responsible for providing a complete, correct delivery address. Re-shipping fees may apply for undeliverable parcels.

  • Duties & taxes: International duties, VAT/GST, brokerage fees, and customs delays are the buyer’s responsibility unless otherwise stated at checkout.

5) Returns, Refunds & 60-Day Risk-Free Guarantee

  • All sales are final: We do not accept returns or refunds for change of mind, dissatisfaction, or customer error.

  • Defective items only: Our 60-Day Risk-Free Guarantee applies solely to genuine manufacturing defects identified within 60 days of delivery.

  • Claim process: To submit a claim, you must contact us within 60 days with:

    • Your order number

    • A description of the defect

    • Clear photo or video evidence

  • Exclusions: The Guarantee does not cover transit damage (without shipping protection), misuse, accidents, wear and tear, or cosmetic imperfections.

  • Resolution: At our discretion, we may provide a replacement of the same or equivalent item. Refunds are not offered under this Guarantee, except where legally required.

  • Discretion: Approval or denial of any claim is at the sole discretion of Dear Nikola.

6) Intellectual Property

  • All product designs, graphics, logos, text, and content on the Site are owned by Dear Nikola or its licensors.

  • You may not copy, modify, distribute, reverse-engineer, or create derivative works without our written permission.

  • “Dear Nikola” and associated marks are trademarks (registered or unregistered). All rights reserved.

7) Promotions, Free Gifts & Accessories

  • Promotions: Discount codes and offers cannot always be combined. We may amend or withdraw promotions without notice.

  • Free gifts: Promotional items are subject to availability, have no cash value, and may be substituted or withdrawn at any time.

  • Accessories: Accessories and add-ons are sold separately unless expressly stated.

8) Acceptable Use

You agree not to:

  • Use the Site for unlawful purposes.

  • Interfere with site security or functionality.

  • Upload malicious code.

  • Infringe intellectual property rights.

We may suspend or terminate your access for violations.

9) Warranties, Disclaimers & Limitation of Liability

  • Disclaimer: Except as expressly provided in these Terms and to the maximum extent permitted by law, our products and Site are provided “as is” without warranties of any kind.

  • Transit & customer damage: We are not liable for loss/damage in transit (unless insured) or caused by misuse, mishandling, accidents, or modifications.

  • Liability cap: To the fullest extent permitted by law, our total liability for any claim shall not exceed the purchase price actually paid for the product.

  • Consumer rights: Nothing in these Terms excludes your non-excludable rights under applicable consumer law (e.g. Australian Consumer Law). Where permitted, our liability is limited to repair, replacement, or refund (at our discretion).

10) Errors, Inaccuracies & Changes

We reserve the right to correct errors (pricing, descriptions, availability) and to update or cancel orders if information is inaccurate at any time.

11) Force Majeure

We are not liable for failure or delay due to events beyond our control, including natural disasters, war, labour disputes, or supply chain disruptions.

12) Privacy

Your privacy is important to us. See our Privacy Policy for details on how we collect and use your personal information.

13) Governing Law & Dispute Resolution

  • These Terms are governed by the laws of Western Australia, Australia, without regard to conflict of law principles.

  • You agree to submit to the exclusive jurisdiction of the courts of Western Australia for disputes arising from these Terms.

  • Where permitted, you waive the right to bring claims as part of a class action.

14) Severability & Entire Agreement

If any provision is found invalid, the remainder remains enforceable. These Terms, along with referenced policies (e.g., Privacy Policy), constitute the entire agreement between you and Dear Nikola.

15) Contact

Questions about these Terms? Please reach us via our Contact Page or email us at  support@dearnikola.com.