Terms of service

TERMS OF SERVICE

Last updated: September 7, 2026

OVERVIEW

This website is operated by Nia & Rose. Throughout the site, the terms “we”, “us” and “our” refer to Nia & Rose.

Nia & Rose offers this website, including all information, tools, products and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or made available through our website.

These Terms of Service apply to all users of the site, including, without limitation, browsers, customers, merchants, vendors and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or use our Services.

Any new features, products, services or tools added to the current store will also be subject to these Terms of Service.

You may review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates or changes to our website. Where required by applicable law, we will provide additional notice of material changes.

Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes, to the extent permitted by applicable law.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to consumers that cannot lawfully be excluded, restricted or modified under applicable consumer protection laws.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your jurisdiction and have given any consent required by law to allow your minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws or regulations, including intellectual property laws.

You must not transmit worms, viruses, malware or any code of a destructive or harmful nature.

A material breach or violation of these Terms may result in termination or restriction of your access to our Services, subject to applicable law.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse or limit service where reasonably necessary and to the extent permitted by applicable law, including in cases involving suspected fraud, abuse, unlawful activity, violation of these Terms or other legitimate business or security concerns.

You understand that content you provide to us, excluding payment information, may be transferred over various networks and may be adapted to meet technical requirements of connecting networks or devices.

Payment and credit card information is handled through secure payment providers and is encrypted during transmission in accordance with applicable payment security standards.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, access to the Service, or contact information available through the website for unauthorized commercial purposes without our express written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that the information available on this website is accurate, complete and current. However, information may occasionally contain errors, omissions or outdated material.

General information available on this site should not be relied upon where more complete, accurate or up-to-date information is reasonably required.

This site may contain historical information that is provided for reference purposes only.

We reserve the right to modify the contents of this site at any time, subject to applicable law. Nothing in this Section limits any obligation we may have under consumer protection law regarding product descriptions, pricing, representations or other information provided to customers.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice, except where notice is required by applicable law.

We reserve the right to modify, suspend or discontinue the Service, or any part of it, at any time.

Any price applicable to an order will be the price displayed and accepted at the time the order is placed, subject to the provisions regarding genuine errors and inaccuracies described elsewhere in these Terms.

To the maximum extent permitted by applicable law, we will not be liable solely because of a modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website and may be available only in limited quantities.

Returns are governed by our Return Policy, as available on our website.

Our Return Policy is in addition to, and does not replace or limit, any rights or remedies you may have under applicable consumer protection laws.

We have made reasonable efforts to display the colors, materials, details and images of our products as accurately as possible. However, the appearance of colors may vary depending on your device, monitor settings, lighting conditions or display technology.

We reserve the right, where permitted by law, to limit the sale of our products or Services to any person, geographic region or jurisdiction on a case-by-case basis.

We may limit the quantities of products or services available for purchase.

Product descriptions, availability and pricing may be updated or changed from time to time. We also reserve the right to discontinue a product at any time.

Any offer made on this site is void where prohibited by law.

While we aim to ensure that our products correspond accurately with their descriptions and images, nothing in these Terms excludes any statutory guarantee or consumer right concerning acceptable quality, fitness for purpose, correspondence with description or other rights that apply under applicable law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel an order where reasonably necessary, including in cases of suspected fraud, payment issues, pricing or inventory errors, misuse of promotional offers, unauthorized resale activity or other legitimate business concerns.

Restrictions may apply to orders placed under the same customer account, payment method, billing address or shipping address.

If we change or cancel an order after it has been submitted, we will make reasonable efforts to notify you using the email address, billing information or telephone number provided with your order.

If we cancel an order after payment has been successfully collected and no goods are supplied, we will refund the relevant amount paid, subject to applicable law.

We reserve the right to limit or prohibit orders that reasonably appear to be placed by unauthorized dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase, billing and account information for all purchases made through our store.

You agree to promptly update your account information where necessary, including your email address and payment information, so that we can process transactions and contact you when required.

For more information regarding returns, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services over which we may not have control or input.

Such third-party tools may be provided on an “as is” and “as available” basis, subject to any rights that cannot be excluded under applicable law.

Your use of third-party tools is subject to the terms and policies of the relevant third-party provider.

You should review and understand the applicable third-party terms before using such tools.

We may introduce new services, tools, resources or features through the website in the future. Unless otherwise stated, those services and features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products or services available through our Service may include materials, integrations or links provided by third parties.

Third-party links may direct you to websites or services that are not owned, operated or controlled by Nia & Rose.

We are not responsible for the content, accuracy, privacy practices, availability or policies of independent third-party websites.

To the maximum extent permitted by law, Nia & Rose is not responsible for loss or damage arising solely from transactions entered into directly with independent third-party websites or providers.

You should carefully review the policies and practices of third-party providers before entering into a transaction with them.

Questions, concerns or claims regarding third-party products or services should generally be directed to the relevant third-party provider, except where Nia & Rose has a legal responsibility that cannot be excluded.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit comments, feedback, suggestions, ideas, proposals, plans, contest entries or other materials to us, whether through the website, email, social media, postal mail or another method, you grant Nia & Rose a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, translate and distribute those materials for purposes reasonably connected with our business, marketing, website or Services, unless otherwise agreed in writing.

You represent that you have the necessary rights to submit such content.

We are not obligated to maintain unsolicited submissions in confidence, compensate you for unsolicited submissions or respond to them, unless otherwise required by law or expressly agreed in writing.

We may monitor, edit or remove content that we reasonably determine is unlawful, offensive, threatening, defamatory, obscene, abusive, fraudulent, infringes intellectual property rights or otherwise violates these Terms.

You agree that your submissions will not violate any rights of a third party, including copyright, trademark, privacy, publicity, personality or other personal or proprietary rights.

You must not submit unlawful, abusive, misleading or obscene material, malware, viruses or any other harmful code.

You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of a submission.

You are responsible for the content and accuracy of the materials you submit.

SECTION 10 - PERSONAL INFORMATION

Your submission and our handling of personal information through the store are governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, store and otherwise handle personal information in connection with our website and Services.

The Privacy Policy is available on our website and should be read together with these Terms of Service.

Where applicable, your personal information will also be handled in accordance with mandatory privacy and data protection laws that apply to Nia & Rose or to the relevant transaction.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or through the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, inventory or availability.

We reserve the right to correct genuine errors, inaccuracies or omissions and to update information at any time.

Where permitted by applicable law, we may cancel an order if it was placed based on a genuine and material error, including an obvious pricing or availability error.

If an affected order has already been paid and is subsequently cancelled, we will refund the amount paid for the cancelled item or order.

Nothing in this Section gives us the right to make misleading representations or avoid obligations imposed by applicable consumer protection laws.

Except as required by law, we are not obligated to continuously update or amend all information on the website solely because information elsewhere has subsequently changed.

SECTION 12 - PROHIBITED USES

In addition to other restrictions set forth in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit or encourage others to perform or participate in unlawful acts;

(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, intimidate, defame or unlawfully discriminate against another person;

(f) to submit false, fraudulent or misleading information;

(g) to upload or transmit viruses, malware or other malicious or destructive code;

(h) to unlawfully collect, track or process the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape the site in violation of applicable law or without authorization;

(j) for obscene, fraudulent or unlawful purposes; or

(k) to interfere with or circumvent security features of the Service, our website, related websites or the Internet.

We reserve the right to suspend or terminate access to the Service for material violations of these prohibited uses, subject to applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that access to our website or Service will always be uninterrupted, timely, secure or error-free.

We do not guarantee that all results or information obtained through use of the Service will always be accurate or reliable.

From time to time, we may suspend or remove parts of the Service for maintenance, operational, security or other legitimate reasons.

To the maximum extent permitted by applicable law, the website and Service are provided on an “as is” and “as available” basis.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy imposed by applicable law that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by law, Nia & Rose and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising solely from your use of the website or Service where such liability may lawfully be excluded.

This limitation does not apply to liability that cannot lawfully be excluded or limited, including any mandatory rights or remedies available under applicable consumer protection law.

Where liability may lawfully be limited rather than excluded, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms is intended to exclude liability for fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded.

SECTION 14 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Nia & Rose and its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, subcontractors and suppliers from third-party claims, liabilities, damages and reasonable legal costs arising directly from:

(a) your material breach of these Terms;

(b) your unlawful or unauthorized use of the website or Service;

(d) your violation of applicable law.

This indemnity will not apply to the extent that a claim or loss results from the negligence, unlawful conduct or breach of these Terms by Nia & Rose, or where such an indemnity would otherwise be prohibited or unenforceable under applicable law.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination of these Terms will survive termination to the extent necessary to give effect to those obligations.

These Terms remain effective while you access or use our website or Services.

You may stop using our Services at any time.

If we reasonably determine that you have materially breached these Terms, engaged in fraudulent or unlawful activity or created a security risk, we may suspend or terminate your access to all or part of the Service, subject to applicable law.

Termination does not affect amounts legitimately due and payable before the termination date or any rights or remedies that have already arisen.

Nothing in this Section limits any mandatory cancellation, refund or consumer rights available under applicable law.

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules published on this website and incorporated by reference, constitute the agreement between you and us concerning your use of the Service.

They supersede prior or contemporaneous agreements, communications and proposals concerning the same subject matter, whether oral or written, except where otherwise agreed in writing or required by law.

Any ambiguity in these Terms will be interpreted in accordance with applicable law.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of Australia, subject to any mandatory laws that apply to a particular consumer or transaction.

Nothing in this Section is intended to deprive a consumer of mandatory rights or protections available under the laws applicable to them that cannot legally be waived or excluded by contract.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, subject to applicable law, to update, change or replace any part of these Terms by publishing updates on our website.

Where required by law, we will provide appropriate notice before material changes take effect.

Your continued use of the website or Service following the effective date of any changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 20 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Nia & Rose
Email: support@niaandrose.com