Terms & Conditions

1. Acceptance

1.1. The Nude Lucy website and online store (collectively, our “Website”) is owned and operated by Accent Lifestyle Trend Imports (ABN 79636815284) and its subsidiaries and associates “we”, “us”, “our”, “Nude Lucy”, “Nude Lucy United States” or “nudelucy.com”.

1.2. Access and use of the Website, or placing an order for a product sold by Nude Lucy (“Product”) (“Order”) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out in these Terms & Conditions (“Terms”). Our Terms incorporate our Privacy Policy and any other documents they refer to. You should read them thoroughly before using our Website, making an Order or engaging with us (collectively, our “Services”). Your use of the Services constitutes your agreement to the Terms.

1.3. Nude Lucy reserves the right to amend the Terms at any time and without notice to you. Nude Lucy may change the Terms from time to time, and your continued use of the Services after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the Terms, as so amended. We will always publish a link to our current Terms from the Website homepage at nudelucy.com.au.

1.4. Any competition or promotion that you enter via our Website is also subject to separate Competition Terms.

 

2. Access and Use of the Website

2.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The Products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

2.2. You must not (or attempt to):

(a) interfere with or disrupt the Website or the servers or networks that host the Website;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or

(c) interfere with security-related or other features of the Website.

2.3. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

2.4. You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:

(a)  in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair.

 

3. Orders, Pricing & Availability

3.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any Product or services acquired or ordered by you from this Website.

3.2. Any Order placed by You in the manner described in this Website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your Order. You will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order.

3.3. A contract between us for the purchase of the Products (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the Product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you, in which case we will promptly refund any payment already made by you to your original payment method. We may refuse to accept your Order for any reason, including but not limited to:

(a) unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative Product or size);

(b) we suspect that you might on-sell our Products to other consumers;

(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

(d) if there is an error in your Order;

(e) if there has been an error in the imagery, price or Product description on the Website; or

(f) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.  

3.4. A change to the Terms will not apply to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

3.5. By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions. 

3.6. We may terminate a Contract if the Product is not available for any reason.  We will notify you if this is the case and return any payment that you have made.  We will refund any money received from you using the same method originally used by you to pay for the Product.  If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

3.7. If you wish to cancel your Order, please contact customer service.  Once your order has been placed you cannot cancel the order and therefore, we are unable to cancel an order or stop an order from being dispatched at your request. The item must instead be returned to us in accordance with the returns policy.

3.8. Prices of Products and services, as well as delivery and other charges displayed on this Website are current at the time of issue but may change at any time and are subject to availability. All pricing on our Website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.

 

4. Delivery

4.1. Please read the Delivery Information contained within this Website. Pricing on a Product detail webpage may not include delivery charges (if applicable).
4.2. Delivery times are indicative only, and Nude Lucy will not be liable for any failure to observe these delivery times.

4.3. Nude Lucy will retain title to the Products you order until you have made payment in full for those Products, but all risk in the Products will pass to you upon their delivery to you or collection by a postal or courier service.

4.4. You should consider whether you need to obtain any suitable insurance.

4.5.  We will aim to leave the Order at the address advised by you at the time of purchase.  You must ensure that you are able to take Delivery of the Product without undue delay and at any time reasonably specified by us.  By default, you provide authority to leave items at the address specified in your Order.  If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned to our Fulfilment Centre.  If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept Delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the Product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees and other costs provided for above).

4.6. Our delivery partners may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point.  Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.7 Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant Product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.8. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

 

5. Payment

5.1. Payment is required at the time of purchase and placement of your Order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.2. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal, Afterpay and Nude Lucy Gift Cards and Vouchers. You must comply with the applicable Terms of these providers.
5.3. To use a Gift Card, please ensure you have a valid Gift Card. For further detail on the use of Gift Cards, please see Section 9.

 

6. Fraud Protection

6.1. Nude Lucy carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Nude Lucy may contact you directly as part of this protection process.

6.2. If Nude Lucy determines an order is potentially fraudulent, we will not dispatch Products until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.

6.3. If you believe you have been a victim of a fraud, please contact our Fraud Protection Officer via our Website contact form available here. Please ensure the subject line of your email is “ATTN: Fraud Protection Officer” so we can prioritise and escalate appropriately.

 

7. Returns

7.1. Please read the Returns & Faulty Items Hub contained within this Website for return information. Our Returns & Faulty Items Hub, and this clause 7, outline the circumstances in which a return will be available to you. Different terms and processes apply depending on whether you believe your item is faulty or you are seeking to make a return for change of mind. See further below:

 

Faulty Product Returns

7.2. If you believe you have received a Product that does not meet the Consumer Guarantees under the Competition and Consumer Act 2010 or the Consumer Guarantees Act 1993 (together, ANZ Consumer Laws) ( (ie is “Faulty”), please contact our Customer Care team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. To assist, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the Products.

7.3. If the Product is confirmed to be Faulty, we will replace or repair the Product (if repair is reasonably possible) or refund the price of the Product to your original payment method, as appropriate. If the Product is confirmed to have a major or serious failure (as applicable), you will likely be entitled under ANZ Consumer Laws to elect whether you want us to replace or repair (if repair is reasonably possible) the Product or refund the price of the Product to your original payment method. If the Product is found not to be Faulty, or you otherwise do not have a remedy for a failure to comply with the Consumer Guarantees under the ANZ Consumer Laws, we will contact you to determine whether you want us to dispose of the Product or return the Product to you at your expense.

7.4. It does not constitute a Faulty Product if in our reasonable opinion a Product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

 

Change Of Mind Returns

7.5. In addition to your rights in relation to faulty Products in clauses 7.2-7.4 above, you can return any Product that complies with our Change of Mind Returns Policy here and the associated Returns Process here.

7.6. For Change of Mind Returns, we will not refund any delivery costs that you have paid at purchase to have the Product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause our Change of Mind Returns Policy, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.

7.7. We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders.

7.8. Nothing in this clause 7 is intended to exclude any rights in clauses 7.2-7.4 above or any of your statutory rights as a consumer under the ANZ Consumer Laws.

 

Other Returns Information

7.9. If items are sent to us by mistake, we are not responsible for these items and accept no liability if we’re unable to locate them. If we are able to locate them and you want the items returned to you, we reserve the right to return them to you at your cost.

7.10. In the event we request your bank account details to issue a refund, please ensure you provide the correct BSB and Account Number. Your refund may be delayed or not received by you if the incorrect details cause the refund to bounce. We are not liable for any refunds processed into the wrong account due to incorrect information provided.

7.11. When you wish to return an item from a promotion where you must reach the minimum spend in one transaction for the offered discount or code to be applied, and as a result, your order no longer qualifies for the discount, then the terms of the promotion have not been met and the amount credited for the returned item will be adjusted or withheld. The amount credited will be outlined in the email sent to you upon return.

 

8. Online Account

8.1. To access some features of the Website, such as creating wish lists, you must register an account with us (“Account”).  To register for an Account, you must provide us with accurate and current personal information, including your name, address, and a valid email address.  You must not register more than one Account. You should not create an Account if you are under 18 years old.

8.2. You must keep your Account username and password confidential at all times. Nude Lucy is entitled to assume that anybody accessing your account using your confidential username and password is you. Be aware that others may access your account and private information if you do not sign-out before ending your session with Nude Lucy. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.

8.3. You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact customer support immediately and take immediate steps to re-secure your Account (including by changing your password).

8.4. To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

 

9. Promotions, Vouchers, Store Credit and Gift Cards

9.1. From time to time, Nude Lucy may hold promotions such as special offers and discounts in-store or online at our Website. These promotions may be provided across both our in-store and online channels, but may also be limited to in-store or online channels only. Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
9.2. On our Website, “voucher”, “Promotional Voucher”, “Gift Voucher” and “Store Credit” are used interchangeably. “Coupon Codes”, “codes” and “Promo Codes” are also used interchangeably.

9.3. You are responsible for the use and safety of your vouchers, Store Credit and Gift Cards - you should treat them like cash. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of vouchers or Gift Cards, including if Gift Cards used without your permission or if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of vouchers or Gift Cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or Gift Cards, we may close or block access to your Account and/or require a different means of payment. We may block Gift Cards if notified by law enforcement that Gift Cards have been fraudulently obtained.

9.4. We reserve the right to deny use of the vouchers, coupons, or Gift Cards, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Nude Lucy through the use of one of these items.

 

Promotions and Vouchers
9.5. Please note that there is a distinction between a “Gift Voucher” and "Gift Cards/e-Gift Cards". This section only relates to “Gift Vouchers”, not “Gift Cards/e-Gift Cards”
9.6. If notified by us, we may accept Promo/Coupon Codes or vouchers for certain or specified purchases online. It is your responsibility to read the specific details about your voucher or code. These additional terms may outline what your voucher or code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific Product or group of Products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
9.7. If the credit of a voucher or store credit is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the shortfall. This could include an accepted Credit Card, PayPal, AfterPay or Gift Card, where applicable.
9.8. Voucher, Store Credit and Code Exclusions: 
(a) Unless otherwise specified, vouchers, Store Credit, and codes cannot be redeemed for cash or used to purchase Gift Cards, Sale/Discount Merchandise, and third-party or Non-Merchandised Product (e.g. Event Tickets). 
(b) Unless otherwise specified, Store Credit, vouchers and codes are not available in conjunction with any other offer, including other codes.

(c) If you place an Order for a Product less than the value of a voucher/code, no refund or residual credit will be returned to you. If the credit of a voucher/code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).

(d) We will apply vouchers/ codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a voucher/promo code, we will only refund the final price you paid for that item.

(e) We actively monitor misuse of vouchers/ codes and reserve the right to deactivate vouchers/ codes or block any person that is not using a voucher/code/Store Credit in accordance with its Terms.

 

Store Credit

9.9. Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts. We will apply store credit on a pro-rata basis across all items in an Order.

9.10. Store credit is valid for 12 months. Any balance that remains after the 12 months will be voided and will not be available for use. Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.

 

Gift Cards

9.11. Nude Lucy gift cards (“Gift Cards”) can be purchased in store and are redeemable at any Nude Lucy retail store in [Australia / New Zealand] or online on the Website. Gift Cards can only be redeemed on the Website in accordance with the special terms stated on them.
9.12. Gift Cards are valid for 3 years from the issue date, or until no amount remains on the Gift Card. Any balance that remains on the Gift Card after expiry will not be available for use.

9.13. Gift Cards should be treated like cash. Lost or stolen Gift Cards will not be replaced or refunded. Gift Cards cannot be exchanged (wholly or partly) for cash, reloaded, topped up or used to purchase other Gift Cards. The value shown on a Gift Card includes GST.

9.14. Gift Cards are partially redeemable, and any unused balance can be used for future purchases up to the expiry date. The credit of a Gift Card does not accrue interest, nor can it be redeemed or refunded for cash at any time. Gift Cards cannot be used to buy further Gift Cards. To use a Gift Card, please follow the Gift Card instructions for use.

9.15. Gift card purchases may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our Gift Card program. Should we suspect any fraud relating to a Gift Card, we may refuse to redeem the Gift Card until we are satisfied that no fraud has occurred.

9.16. We reserve the right to change these conditions at any time and will provide at least 14 days’ notice by posting the changes on this Website. If you contact us within the notice period and do not accept the changes, we can cancel the Gift Card and refund you any value remaining on the Gift Card.

9.17. If you place an Order less than the value of the Gift Card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a Gift Card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many Gift Cards as you wish in paying for an Order, and Gift Cards may be used in conjunction with one voucher/promo code per Order.

 

Returns

9.18. If you cancel or return items purchased using a Gift Card, voucher or store credit:

(a) the refund value of an item is the final price you paid for that item; and

(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using Gift Cards or store credits (on an item basis). We reserve the right to issue you with a new Gift Card equivalent to the value of your refunded Gift Card purchase. For example, where total Order price is paid:

(i) entirely by Gift Cards or store credits - refunds are offered as store credit only;

(ii) entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election); or

(iii) 20% Gift Cards or store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on an item basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

9.19. If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.

 

10. Afterpay

10.1. Afterpay does not charge a fee to consumers when purchasing and we do not charge interest. The only fees applied to consumers are late fees if your scheduled payments are unsuccessfully processed and, after being notified, you do not log in to your Afterpay account to make your payment via a different method.

10.2. If a payment has not been made by you on the Afterpay website before the scheduled payment date, we will automatically take payment from your default payment method on that date. The scheduled payment dates can be seen in the confirmation email sent to you after your order was approved, or by logging in to your Afterpay account at afterpay.

10.3. If an automatic payment fails, you have until midnight (AEDT in the summer months and AEST in the winter months) to make payment. After midnight, if that payment has not been made, you will incur a late payment fee of $10 and a further late fee of $7 if the payment is not made within 7 days (as stated in the Afterpay Terms).

10.4. We understand that there are certain extenuating circumstances which will not allow you to make payments on or before the scheduled date. If you believe you fall into this category and would like to discuss your payment schedule with us, please e-mail Afterpay here.

10.5. All new Afterpay customers are required to make their first payment at the time of purchase. You will no longer be considered a ‘new’ customer once you have fully paid off your first order AND 6 weeks have passed since you placed that order. For any order thereafter, your first payment will only be deducted 2 weeks after your purchase and your last payment deducted 8 weeks after purchase.

10.6. Afterpay is a PCI DSS Level 1 certified compliant Service Provider organisation. PCI DSS is a comprehensive set of requirements created by the Payment Card Industry Security Standards Council to enhance cardholder data security and to ensure the safe handling and storage of sensitive customer credit card information and data. This is the highest level of security in the payment industry. You can also read Afterpay’s Privacy Policy.

10.7. Nude Lucy accepts returns of online orders instore, providing the refund to you back via your Afterpay account. Please note that any outstanding payment instalments due will be processed until your refund has been completed. For information on how to return your online order see our returns information page.

10.8. Afterpay does not allow for exchanges. We do however encourage you to return your items either in store or send back your online purchase and place a new order with us.

 

11. Limitation of Liability

11.1. To the extent permitted by law and subject to clause 11.3, Nude Lucy will in no way be liable for any direct, indirect, incidental, special or consequential damages, arising in connection with these Terms, the Services, any information (including any file) obtained from or through the Website, or unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if Nude Lucy has been advised of the possibility of such damages.

11.2. You will not be liable to us for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of your breach of the express terms of these Terms, gross negligence or wilful misconduct.
11.3. Our Products and services come with guarantees that cannot be excluded under the ANZ Consumer Laws. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these Consumer Guarantees provisions of the ANZ Consumer Laws or Nude Lucy liabilities under those provisions:

(a) our liability to you will in all other cases be limited to the cost of re-supplying or repairing, or paying the costs of repairing any Products; (b) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct; and

(c) our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

11.4. Each party’s liability for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that the other party causes or contributes to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

 

12. Privacy

12.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy. Please read the Privacy Policy contained within this Website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.

 

13. Content

Our Content

13.1. All content displayed on this Website, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property Nude Lucy, or the property of their respective owners, and is protected by copyright, trademark and other intellectual property laws.
13.2. Except as permitted by Australian or NZ copyright laws (as applicable), no part of the Website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Nude Lucy.

13.3. Due to photographic and screen limitations associated with the representation of Products, some actual Products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.  In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products received.

 

Third party content, User content and Your content

13.4. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Nude Lucy has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the terms of the Linked Site and Embedded Content providers.

13.5. Nude Lucy does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.

13.6. Information about Products on the Website may be based on material provided by third party merchants, suppliers and/or Product manufacturers. Except as required by law (including the ANZ Consumer Laws) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

13.7. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites or applications (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.

13.8. You own any User Content that you Publish on Nude Lucy Website (“Your Content”). Other users own any User Content they publish to Nude Lucy Website. Nude Lucy reserves the right to moderate, deny, or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.

13.9. Your Content must not include:

(a) Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements);

(b) Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses;

(c) Content that infringes, or could possibly infringe, the rights (including intellectual property rights, copyrights and trademarks) of other; or

(d) Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.

13.10. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.

13.11. You are not entitled to any payment or compensation from Nude Lucy for our use of Your Content, or any User Content.

13.12. You can request removal of any User Content you Publish at any time by submitting a request via our Website contact form here. Please ensure the subject line of your request is “ATTN: Online Content Manager – User Content”.

13.13. You can report violations of the third-party and user content terms by submitting a request via our Website contact form available here. Please ensure the subject line of your request is “ATTN: Online Content Manager – User Content”.

13.14. Nude Lucy does not represent that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

 

15. Miscellaneous

15.1. This Website is a channel for customers to place orders for Products we have available for purchase.
15.2. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
15.3. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
15.4. To the extent (if any) that the content of the Website does not satisfy the laws of a country other than Australia or New Zealand (as applicable), it is not directed to persons in those countries, and they should not use the Website.

15.5. If the whole or any part of a provision of this agreement is void, unenforceable, or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this agreement has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

 

16. Promotional Terms & Conditions

16.1  Welcome Offer

15% off your first order

Sign up to our Newsletter online to be sent the offer code. Valid on first online order only and for 7 days from issue. Valid on full price items only, excludes sale items and gift vouchers.  Cannot be used in conjunction with any other offer or voucher code. The discount can only be used once per customer + incurs no minimum spend. Discount cannot be retrospectively applied to previous orders.

 

Win a Wardrobe Competition

Terms & Conditions (Conditions of Entry)

Accent Lifestyle Pty Ltd ABN 79636815284 (‘We’, ‘Our’ or ‘Us’) collects your personal information in order to run this Promotion, understand your interests and activities in relation to our products including the digital channels through which we engage with you. Where you consent to us doing so, we also use your personal information to contact you with product information, events and promotions. We de-identify and aggregate your data for market research and data analytics purposes. Our Privacy Policy provides more information about how we handle personal information and how you can contact us to access, correct or complain about our handling of personal information. 

Schedule

Promotion:

Win a $1000 Wardrobe  

Promoter:

Accent Lifestyle Pty Ltd ABN 79636815284, Level 21, 59 Goulburn Street, Haymarket NSW 2000

Phone: (02) 9256 8400 

Website:

https://www.nudelucy.com/

Promotion Period:

 12pm AEDT Friday 6th December 2024 - Midnight AEDT Thursday 6th March 2025

Eligibility:

Open only to United States residents aged 16 years or over who have subscribed to Nude Lucy mailing list except directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies or participating store(s) associated with this competition.

Entrants under 18 years old must have parental/guardian approval to enter this competition. The parent/guardian of the entrant must read and consent to these Conditions of Entry. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this competition.

How To Enter:

To enter the competition, the entrant must sign up to the Nude Lucy mailing list between 12pm AEDT Friday 6th December 2024 - Midnight AEDT Thursday 6th March 2025.

Entries permitted:

Entrants can only sign up to the mailing list once during the promotional period.

Total Prize Pool:

The total value of the prize is $1000

Prize Description:

  • 1 x $1000 Nude Lucy gift voucher  

Conditions: 

The prize is not transferable to cash and includes shipping costs. Any other additional costs such as customs and tax are at the winner’s expense.

Judging:

One winner will be selected at random on Friday 7th March 2025. This is a game of chance, not skill. 

Winner Notification:

The winner will be contacted by email within seven (7) days after the promotion ends. 

Winner Announcement:

The winner will be announced publicly by Nude Lucy The Label on the Nude Lucy website. The winner agrees to provide their name and contact details to which Nude Lucy The Label can use for marketing purposes.

 

  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule unless stated otherwise. 

  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. 

  3. Valid and eligible entries will be accepted during the Promotional Period. A valid entry is when the entrant has fulfilled all steps of the “How to Enter” section. 

  4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. 

  5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age. 

  6. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize. 

  7. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable unless otherwise specified in writing by the Promoter. 

  8. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification. 

  9. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider. 

  10. The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner. 

  11. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to sign the legal release on the winner's behalf. 

  12. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise

  13. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 . 

  14. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation. 

  15. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 

  16. The Promoter reserves the right to disqualify entries and entrants in the event of non-compliance with these Conditions of Entry or where the Promoter has reason to believe that the entrant has engaged in unlawful or other improper conduct calculated to jeopardize the fair and proper conduct of the Promotion. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into. 

  17. The Promoter and their associated agencies, related companies, officers, employees and contractors will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or willful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law. 

  18. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them. 

  19. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize. 

  20. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.