Terms and Conditions

1.1 NXI and its affiliates provide their services to customers subject to the following Terms and Conditions. If customers visit NXI website, make any purchase, use any service or visit NXI Stores, these terms and conditions apply.

1.2 NXI reserves the right to amend, update, remove these terms of sales, website functionality or stop/suspend the website operation to you from time to time without notice. Amended terms and conditions will be posted on the Website and will become effective immediately after posting. By continuing to use the Website after the revised and/or amended terms and conditions have been posted, you agree to be bound by the revised and/or amended terms and conditions.

1.3 If any part of these terms is found to be invalid, void, or any reason unenforceable then that provision will be deemed to be severed and the remaining terms and other provisions will remain the validity between you and NXI. The failure by NXI to exercise any right under these terms will not constitute a waiver of such right. Any Waiver of any provision under these terms will only be effective if it is in writing and signed by NXI.

2.1 NXI reserves the right to change the prices of Goods or Services at any time without notice.

2.2 This website and contents are provided to you on the information may contain typographical errors, technical inaccuracies, price inaccuracies or other errors and may not be accurate, complete or current. We will highly appreciate if you report to us with any error or omission in any information via our customer email address Customercare@NXI.au.

2.3 The photographs and colour of the Goods as shown on this Website are for illustrative purposes only and may vary from actual Goods depicted or described or received.

2.4 NXI is not liable for any loss suffered by you in connection with the unavailability of this Website, either due to the unavailability in part of the functions of this Website or in its entirety.

2.5 Goods or Services listed on this Website may not be available at all NXI branches, please check from the NXI Website for stock allocation and availability.

2.6 NXI may not be liable for any loss caused by delays in performing any obligation if such delays are beyond the reasonable control of NXI, such as failure of electricity supply, bank payment systems or postal deliveries.

2.7 Goods or Services listed on this Website may require ordering stock from NXI warehouse or from NXI supplier prior to shipping to you.

2.8 Goods or Services listed on this Website may be available for online sale only and not available at NXI branches.

2.9 You understand and agree that NXI may refer any suspected illegal activity to appropriate law enforcement authorities.

2.10 NXI may not be liable for any loss caused by delays in performing any obligation if such delays are beyond the reasonable control of NXI, such as failure of electricity supply, bank payment systems or postal deliveries.

3.1 NXI may use cookies to gather data in relation to your use of this website.

3.2 NXI may collect and manage your personal information in compliance with the Australian Privacy Principles contained in the Privacy Act 1988 as may be amended from time to time and we respect your privacy in relation to any personal information given to us.

3.3 NXI is committed to being complying with its obligations under the Spam Act 2003, you have the right to unsubscribe from electronic messages sent by NXI at any time.

3.4 NXI may use, modify and reproduce any of your suggestions or feedbacks or ideas submitted to NXI without any obligation to compensate you.

3.5 You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses which may damage your computer. NXI will not be liable for any losses, liabilities, damages in connection with your use of this Website.

3.6 If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

3.7 NXI does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use NXI only with involvement of a parent or guardian. NXI and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

3.8 Parties other than NXI and its subsidiaries sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. NXI does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

3.9 NXI.au is provided by us on an "as is" and "as available" basis. NXI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, NXI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NXI does not warrant that this site, its servers, or e-mail sent from NXI are free of viruses or other harmful components. NXI will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

3.10 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NXI or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of NXI and protected by international copyright laws.

4.1 Unless the customer has a written agreement with NXI, any goods or services that are supplied to the customer shall be on the basis of a cash delivery.

4.2 Where the customer has a written agreement with NXI, all accounts are payable in accordance with the terms as stated on the invoice supplied by NXI to the customer.

4.3 If the amount payable on the invoice is not paid by due date, interest shall be payable by the customer on the total amount of the debt, calculated 30 days from the date of the invoice until the actual date of the payment at the rate of 10% per annum, calculated monthly.

4.4 All payments are to be made to NXI.

4.5 All items purchased from NXI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

4.6 Your credit card issuer may have promotions, marketing activities for you to use; for example, extended interest-free, extended warranty free, Travel / Hotel / Air / Dining / Car / Gift points and discounts. Any of credit card issuer activities are generally considered as a legally binding contract between your credit card issuer and you. NXI is not responsible or endorse, whether explicit or implied, for the operation of these credit card issuer activities. Please review your credit card issuer’s policy carefully.

5.1 Any dispute relating in any way to your visit to NXI.au or to products you purchase through NXI shall be submitted to confidential arbitration in Sydney, Australia.

5.2 NXI and its affiliates attempt to be as accurate as possible. However, NXI does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by NXI itself is not as described, your sole remedy is to return it in unused condition.

6.1 NXI normally does not have any general obligation to provide refund, exchange or repair under the following circumstances:

• 6.1.1 If you change your mind.
• 6.1.2 If you have made a wrong selection.
• 6.1.3 If you decided you do not like the purchase.
• 6.1.4 If you decided that you had no use for the purchase.

However, NXI would like to provide additional security for customers, over and above the consumer’s rights under the Consumer Guarantee for change-of-mind customers and NXI will provide you with a full refund or exchange to other Goods noting price difference, if:

• 6.1.5 You return the purchased goods to NXI within 7 days of the purchase date. For online purchases, the purchase date is the date you receive your ordered Goods;
• 6.1.6 You have and bring the proof of purchase in the form of tax invoice and/or receipt;
• 6.1.7 The returned Goods and its packaging are unopen and still in its original sealed condition including all manuals and accessories;
• 6.1.8 You agree to be responsible for the shipping cost of returning the Goods to NXI.
• 6.1.9 For online purchases, we strongly recommend you to contact us prior to returning the Goods.

Any change of mind returns not acknowledged by NXI beforehand might be rejected and return to you at your own expense.

6.2 Stock availabilities are the last known stock level ONLY and are subject to change. If NXI cannot supply the Goods or Services to you, NXI will notify you by telephone or your email address as soon as possible.

6.3 All Goods or Services sold by NXI come with Consumer Guarantees that cannot be excluded and any rights which you may have under the Australian Consumer Law will not be limited. NXI may provide manufacturer’s extended care pack which is in addition to the Consumer Guarantees available under the Australian Consumer Law (“ACL”). The manufacturer’s extended care pack may include Accidental Damage Protection, Thunderstorm Protection, Liquid Spillage Protection. Your rights under the ACL generally provide the protection for your purchased Goods or Services which may exceed that of provided by the manufacturer’s voluntary warranty and therefore under certain circumstances, you may not need to obtain an extended manufacturer’s warranty. NXI will provide details on the manufacturer’s extended care pack whenever available.

6.4 Parts purchased at NXI are recommended to be assembled or installed or assisted by a knowledgeable technical person.

6.5 Please package all returned Goods safely before returning the Goods to NXI for repair, exchange or refund.

6.6 If you experience problems with your purchased Goods, You are entitled to a free repair, exchange or refund. If you choose for repairing, NXI will attend to the repair of your Goods within a reasonable time. You may be provided with an indicative repair time, normally, it takes 2-4 weeks for repair, but it may take longer if Goods need to be repaired at an overseas workshop or require parts delivered from overseas. If it is not repaired within a reasonable time, NXI will exchange or refund the Goods.

6.7 You may be required to pay labour, assessment and/or freight charges where your rights under ACL do not apply, such as when Goods are assessed to have been damaged by accident, misuse, liquid spillage, flood, fire, earthquake, thunderstorm or to have been damaged by abuse, unauthorised modification to alter manufacturer’s original functionality or capability and becoming unsafe to use. NXI reserves the right to have the returned Goods accessed within a reasonable timeframe by the manufacturer’s specialist in the determination of the cause of the problem.

6.8 If any Goods that you returned contain your generated data such as files or information stored on a Hard Disk, SSD, Flash Memory, NXI strongly recommends you to back up your data to prevent data loss and remove any data before repairing/exchange/refund your Goods.

6.9 If any Goods which you returned requires more than 3 separate and independent repairs, NXI will exchange or refund the Goods to you.

6.10 Where a failure does not amount to a major failure, NXI will provide you with a repair, exchange, refund or other suitable remedies.

6.11 If the problem is a major failure or cannot be fixed, you are entitled to exchange or refund for your purchased Goods. Goods with any of the following characteristics will be deemed to have major failures:

• a. Goods with this problem would have stopped someone from buying it had they known about it.
• b. is unsafe.
• c. is significantly different from the sample or description.
• d. fails to do what NXI said it would, or what you asked for and can’t be easily fixed.

6.12 Refund for online purchases.

All successful refunds may take up to 5 business/working days to be processed after NXI receives the return Goods. Please ensure you return the Goods to the State where you made the purchase in and that the Goods are returned accompanied by proof of purchase.

6.13 Refund for in-store purchases.

All successful refunds will be issued immediately but may take up to 3 business/working days for financial institutions to process the refunds. Please ensure you return the Goods to the NXI branch where you made the purchase in and that the Goods are returned accompanied by proof of purchase.

6.14 NXI may request you to provide us with personal information during refund to assist us in complying with the refund processes.

6.15 NXI has a general obligation to provide customers with remedies whenever a problem arises, however under ACL, customers also have the right to approach manufacturers for remedies directly. Many manufacturers have dedicated support centres to provide home pick-up/delivery support and troubleshooting support for customers.

6.16 Goods shown on this Website or other marketing material issued by NXI as “Refurbished Stock” or “EX-DEMO” are Goods which were previously used with cosmetic blemish or imperfection or repaired or refurbished by the manufacturer. All Refurbished or EX-DEMO stock are in working conditions which comes with Consumer Guarantees under Australia Consumer Law that cannot be excluded.