TERMS OF SERVICE

This website is owned and operated by NDS the label.

PLACING AN ORDER AND PAYMENT  

By completing an online order, You are making an offer to purchase the product at the price on our website.

Payment must be made at the time of submitting the online order. Payment can be made by Visa, MasterCard, Amex, or PayPal only. You warrant that you are an authorised user of the credit card or PayPal account used to complete payment.  All online orders placed through this website are subject to confirmation and acceptance by NDS the label. We will email you with confirmation of the receipt of your online order. NDS the label may reject Your online order for any reason and refund any payment made by you, at any time prior to dispatch.

The online order must be paid in full immediately upon entry into the Agreement. All transactions on the website are settled in American Dollars (USD). 

NDS the label’s prices may vary in the event of price changes or mistakes on this website without prior notice to you. If NDS the label requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) business days of the announcement of the increase.

RETURN POLICY

All sales are subject to our Returns Policy. 

DAMAGED OR DEFECTIVE GOODS POLICY

We aim to provide you with products of the highest standard and quality. If you have received a product with a manufacturing fault, please contact us as soon as you receive your order. This way we can guide you through the returns process and help resolve the problem. Please provide our team with images of the damage, defect or fault for a preliminary assessment.

If the product is confirmed to have a manufacturing fault, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.

It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse or failure to use in accordance with care for instructions.

STORE CREDIT

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. Store credit is valid for three (3) years. Any balance that remains after the 3 years will not be available for use. Store credit does not accrue interest nor can it be redeemed or refunded for cash. If an order made using store credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only. 

PROMOTIONAL CODES

NDS the label occasionally has special offers that can be applied to your order by using a promotional code. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically.

If you have not applied the promotional code but order was placed during the event contact our team straight after you’ve placed your order. It is up to NDS the label’s discretion to refund you the discounted amount.

Please note, only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.

WEBSITE SECURITY

http://ndsthelabel.com is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

NDS the label does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder's authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.

LIMITATION OF LIABILITY

NDS the label has provided information on this website as accurately as possible. We take all precautions possible to keep the details of your orders and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party acquires unauthorised access to any data you provide when accessing or ordering from the website.

To the extent permitted by law, all guarantees, warranties or representations which are not specifically stated in this Agreement are excluded. If NDS the label is liable for breach of an obligatory guarantee or implied warranty or representation, NDS the label’s obligation is, at its option limited to the replacement of the products or the supply of equivalent products, the repair of the products or the payment of having the products replaced or repaired.

INTELLECTUAL PROPERTY

NDS the label owns the intellectual property in its garment designs, fabric designs and images. NDS the label forbids the use of its designs and images for any purpose without prior written consent from NDS the label.

WEBSITE AVAILABILITY

On the rare occasion, http://ndsthelabel.com could require some down-time, either scheduled or unscheduled. NDS the label will try to ensure the amount of down-time is limited. NDS the label will not be held liable for any consequences during down-time.

PRIVACY POLICY

If you provide us with your personal information then this indicates that you have had sufficient opportunity to access, and have read and accepted, this Privacy Policy. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this website or any products and services offered on it.

Personal Information: The types of personal information we collect will depend on the purposes(s) for which we are collecting it. For example, we may ask for:

  • name;
  • contact details including email address, address and telephone number;
  • marital status and anniversary;
  • date of birth;
  • demographic information such as post code;
  • credit card or other payment details (if you are buying product from us);
  • preferences and opinions; and
  • any other information requested on this website or otherwise requested by us or provided by you.

Non-identifiable information: Data that have never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you visit our website, we automatically record non-identifiable information that your browser sends. This data may include:

  • your computer's IP address;
  • browser type;
  • webpage you were visiting before you came to our website
  • the pages within www.ndsthelabel.com you visit
  • the time spent on those pages, items, and information searched on our website, access times, dates and other statistics.

Non-identifiable information is collected for analysis and evaluation in order to help us improve our website and the services and products we provide. This data will not be used in association with any other personal information.

HOW WE COLLECT YOUR INFORMATION: 

We may collect your information in a number of ways, including:

  1. Directly from you, including but not limited when you:
  • browse our website;
  • save an item;
  • register on our website;
  • logging into the website once registered;
  • making a purchase from us;
  • contacting our Customer Care, either about an order or for any other reason;
  • interacting with us on our social media; or
  • having a conversation with our team members
  1. From third parties such as our related entities, business or commercial partners. 

HOW WE USE YOUR INFORMATION: 

  1. Use the information for purposes including:
  • to create orders, transaction records, agreements for the sale of products or services, accounts, tax invoices or receipts;
  • to communicate with you, about products and services, competition results, special offers, and events which might interest you;
  • to perform research and analysis;
  • for market research and business development including website development and gauging website traffic and trends;
  • to deliver personalised site content to you;
  • for marketing including direct marketing;
  • to run competitions or offer additional benefits to you; and
  • to send you promotional information about third parties that we think may be of interest to you.
  • to comply with laws or regulations or to comply with any directions given by regulators or authorities.

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We might disclose your personal information to:

  • assist us in providing products and services you have requested, such as delivery service providers;
  • credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
  • courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, and
  • conduct market research and marketing strategy analysis;

Where we disclose your personal information to third parties for these purposes, we will request that they follow this Privacy Policy when handling your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permitted by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser.

How to access or correct your persona information: 

Under the Privacy Act, individuals have a right to access their complete records. You may ask us in writing to provide you with details of the personal information we hold about you. We will endeavor to process your request as soon as possible. 

You can update your personal information anytime by accessing your account on our website by logging on to your account. If you wish for your personal information to be removed from our database, please contact us. 

COOKIE POLICY

We use “cookies” when you visit our website. It is a technology that enables us to personalize our service to you and track the patterns of behavior of visitors to the website.

By using our website, you agree to us placing cookies on your device and accessing them when you visit the website in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions.

There are four main types of cookies – here’s how and why we use them:

  • Analytics cookies: these cookies allow us to measure and analyse how our customers use the website, to improve both its functionality and your shopping experience.
  • Customer preference cookies: when you are browsing or shopping, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.
  • Targeting or advertising cookies: these cookies are used to deliver marketing and advertising materials that are relevant to you.

CHANGES TO THIS POLICY

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our website following any amendments indicates that you accept the amendments. We recommend that you check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

YOUR USE OF THE WEBSITE

You agree that you will use this website in accordance with these terms and conditions and that you will not use this website for any unlawful purpose.

You will not violate or attempt to violate the security of this website. You will not hack into this website, NDS the label’s computer systems or the computer systems of other users of this website. Hacking means unauthorised access, malicious damage and/or interference.

As you browse NDS the label, advertising cookies will be placed on your computer so that we can personalise your shopping experience.

By entering this website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. NDS the label reserves the right to change this Agreement at any time. Any such changes will be posted on this website.

TERMINATION

NDS the label reserves the right to terminate the agreement to supply products to you at any time before the products are dispatched. NDS the label will not be liable to you for any expenses or damages whatsoever for terminating this Agreement.

If the product has not been delivered to you prior to any termination of this Agreement, NDS the label will refund any payment you have made prior to termination.

NDS the label may terminate the agreement under which you can use this website immediately without notice if you are in breach of our website term and conditions.

FULL AGREEMENT

This Terms of Sale and Use of Website Agreement together with the other policies on this website are the entire agreement between us (NDS the label) and the user (yourself).

SEVERABILITY

If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

GOVERNING LAW

These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of the state of Illinois, U.S.A. and both parties hereby submit to the jurisdiction of the courts of Cook County, Illinois, U.S.A.