Terms & Conditions
Terms & Conditions
Nashie Pty Ltd ACN 680 324 538
1. Introduction
This website (the "Site") is operated by Nashie Pty Ltd (ACN 680 324 538) ("we", "our", or "us" or “Nashie”). These terms and conditions ("Terms") govern your use of the Site and any purchase of Products made through it. By using the Site and placing an Order for any Products, you unequivocally agree to be bound by these Terms.
1.1 Use of the Site
Please read the Terms carefully. They apply to all users of the Site, whether that use is mere browsing of or access to the Site, the purchase of a Product from the Site, or any other use of the Site whatsoever and without limitation. You must be at least 18 years old to use the Site or place an Order for any Product through the Site. By accessing and using the Site, you agree that you will, without limitation:
(a) not engage in any unlawful activity or violate the rights of others;
(b) refrain from tampering with the Site or interfering with other users' use of the Site;
(c) not use the Site for the transmission of harmful code such as viruses or trojans; and
(d) not scrape, data mine, or otherwise extract information from the Site for commercial purposes.
1.2 Changes to these Terms
(a) We reserve the right to update or modify these Terms from time to time. If we do so, we will use our best endeavours to provide you with prior notice of the change, or otherwise, notice of the change soon after it is made. We will provide that notice by posting updates on the Site or by amending clause 1.2(b) below. It is your responsibility to monitor the Terms for changes, given we do not guarantee notice of changes under this clause 1.2. No changes will be retrospective. In any event, continued use of the Site or any Product constitutes acceptance of any changes to these Terms on and from the time of any such change, regardless of any notice provided or not provided.
(b) These terms were most recently updated on 18 February 2026 with changes made to clause 1 to 13 (being all effective clauses in the Terms) for the purpose of formalising operations and updating structural and governance procedures in consultation with legal advisers
2. Privacy
Personal Information which you provide to us for account registration, during an Order, in-store Order or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with our Privacy Policy. See our Privacy Policy for further information on how to access or update your Personal Information.
3. Accounts
(a) When you purchase a Product from the Site, you may create an Account. We will collect and process certain Personal Information, such as your name, e-mail address and mobile number in connection with the creation and maintenance of that Account. It is solely your responsibility to ensure that the information you provide is accurate, complete, and up-to-date.
(b) By creating an Account, you acknowledge and agree that you:
(1) cannot assign or transfer your Account to any other entity;
(2) are solely responsible for keeping your Account credentials confidential, including keeping the Account password safe; and
(3) are responsible for any activity that occurs under or in connection with your Account.
(c) If at any time or for any period you lose exclusive control over your Account (e.g. your Account has been hacked), you are required to immediately notify us so that we may take steps to block or deactivate your Account. You are responsible for any use of the Account at all times, even if it is being controlled by another entity, including in situations where that control by another entity is not your fault or is outside of your control.
(d) We have the right to suspend, block, delete, or deactivate your Account at our sole and unfettered discretion and without giving you any notice. Reasons we may decide to take the above steps include, but are not limited to any:
(1) breach of these Terms whatsoever;
(2) suspicion on our part of unlawful activity of any kind whatsoever; or
(3) suspicion on our part that your Account has been, is being, or may in the future be used in some way which might harm our business in some way.
4. Orders
4.1 Placing an Order
(a) You may order Products via the Site by following the instructions on the Site to complete your Order. When you place an Order, you are making an offer to purchase the selected Product(s) for the price listed on the Site (including applicable taxes and delivery fees) in the amount of currency as stated.
(b) We reserve the right to accept or reject any Order at our sole and unfettered discretion. If an Order is rejected, we will notify you and provide a refund using the same method by which the payment was received, if necessary, less an amount equivalent to any amount or liability owed by You which we elect to set-off in accordance with clause 11.3.
(c) You are solely responsible for reviewing the order details (including delivery information and Product selections) before submitting your order and we take no responsibility for any error as a result, and regardless of any other term contained in these Terms.
4.2 Delivery
While we strive to provide accurate delivery timelines for pre-order Products, these are estimates only, and you acknowledge and agree that despite anything written elsewhere on the Site or in the Terms, we are not liable for, any delay beyond any estimated delivery time. The same applies to Products that are pre-ordered.
4.3 Order Changes and Cancellations
We will use our best endeavours to comply with any request to cancel or amend an Order which is reasonably communicated to us within 90 minutes of placement on the Site, via the link provided in your confirmation email. We cannot, however, guarantee this, as it may not be feasible. After this window we may choose, at our sole and unfettered discretion and without any obligation to do so whatsoever, whether to comply with such a request.
4.4 Availability
While we will use our best endeavours to keep Products in stock and the Site updated, all Orders are subject to stock availability, and you acknowledge that the Site may not always accurately display stock levels. In the event an ordered Product is out of stock and cannot be delivered within 2 months, we will notify you of that as soon as we reasonably can after receiving your Order and at the same time offer you the opportunity to receive a full refund. Importantly, the preceding words in this clause do not apply to pre-orders. Where a Product is pre-ordered, then instead, we will only notify you of delay if that delay means the product will not be dispatched for delivery (rather than delivered) within 2 months of a date we have previously communicated to you or displayed on our website. If that occurs, we will at that time offer you a full refund as well.
4.5 Pricing, Pre-Orders and Promotions
(a) Prices on the Site are listed in your local currency and include applicable taxes which are expressly specified on the Site only. Delivery fees and any applicable customs duties or taxes are the responsibility of the purchaser.
(b) Prices are subject to change without notice and at our sole and unfettered discretion.
(c) We may, from time to time, offer lower prices or discounts for Products, or make Products available for pre-order. These Products may involve various conditions and requirements which may be imposed at our sole and unfettered discretion. It may be that a pre-order or discount means a Product you ordered (before the discount was applied) has subsequently become cheaper than what you paid for it. You agree and acknowledge this does not entitle you to cancellation, any refund, or any discount or other benefit, and that there is always a risk a future discount would have resulted in a lower spend if you had delayed you purchase.
(d) Promotional discounts must be applied at the time of checkout, and cannot be used retroactively. Discount codes or promotions may have specific terms, which will be provided with each offer. Those terms must be strictly complied with in all respects to receive the discount or promotion benefit.
(e) Items marked “Sale” or “Non-Returnable” at the time of purchase cannot be returned unless faulty in some material way.
(f) In the event a product is listed at an incorrect price due to a typographical error or error in pricing, or because of incorrect product information received from a third party (on which we rely for information about Products), we have the right to refuse or cancel any Orders placed for the Product listed at the incorrect price and will provide a full refund if that occurs. We will use our best endeavours to ensure that no such errors occur, but you agree and acknowledge that they may occur from time to time despite those efforts.
4.6 Price and Payments
By placing an Order, you agree that:
(a) You must pay the full price for the Product(s) you order, plus any delivery costs as outlined on the Site (collectively referred to as the "Price") and any tax applicable to the transaction or its results. Payment methods available on the Site include credit cards, debit cards, and other third-party providers.
(b) When paying by card, you warrant that you are authorised to use the card for the purchase and all payment details provided are true, accurate and complete (and will be processed in accordance with our Privacy Policy, where applicable) . We reserve the right to refuse any payment or cancel an Order if we believe payment has been made fraudulently.
5. Delivery
5.1 Delivery
(a) We deliver Products to the address specified during the Order process. Delivery options and timeframes will be listed on the Site, and any delivery times provided are estimates only, based on the carrier information provided to us. You may be required to sign for the delivery or opt to have it left in a safe location. That is subject to the requirements of the relevant carrier or entity responsible for delivery and you agree and acknowledge we cannot control and are not responsible for that.
(b) We currently deliver to the areas outlined on the Site only. If your location is not listed, please contact us to discuss other possible arrangements. We may, out our sole and unfettered discretion, be able to accommodate the delivery, nonetheless.
6. Returns and Refunds
6.1 Change of Mind Returns
(a) In addition to any other rights or remedies available under these Terms or applicable law, we offer returns and refunds (if relevant) for change of mind, provided that:
(1) These Terms have been complied with in all respects;
(2) The Products are in their original packaging, with all tags and labels intact, and are in "as new" condition;
(3) The Product was not marked as “Final Sale” or “Non-Returnable” at the time of purchase unless faulty to a material extent;
(4) You provide us with a photograph of the item(s) before shipping them back for inspection;
(5) The item has not been used at all; and
(6) The item has not been exposed to water or moisture at all.
(b) To initiate a return, you must use the form on our contact page with your Order details. If you return part of a bundle purchase, the discount applied to the bundle will no longer be valid, and the kept Product(s) will revert to the regular price.
(c) We do not cover the costs of return shipping for change of mind returns unless the item is faulty to a material extent. You are liable and responsible for those costs and for all obligation, liability or risk associated with the actual shipment or transport of the item to be returned.
7. Australian Consumer Law
In addition to our returns policy, you may have rights under the ACL. If the Product is faulty, does not meet the expected quality, or fails to match the description provided, you may be entitled to a refund, repair, or replacement. If your ACL claim is valid, we will also refund the cost of return shipping.
8. Limitations of Liability
8.1 Acknowledgements
By using this Site, you acknowledge and agree that:
(a) But for where we have made an express representation using unequivocal words or where Law does not permit the exclusion, we make no representations or warranties of any kind, express or implied, as to the operation of our Site or the information, content, materials or Products included on our Sites;
(b) To the extent the limitation is permitted by applicable laws, neither we, nor our affiliates, third party sellers on the Site, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages or other entitlement arising out of, or in relation to, the use of our Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
(c) You assume all risk of use of all features of a Site. You release us from all liability and responsibility for any consequences of their use;
(d) You are purchasing the Products for personal use only, and will not on-sell or distribute the Products;
(e) By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all Laws, and is at your own risk; and
(f) Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault or virus free.
8.2 Risk and liability
You acknowledge and agree that, despite anything to the contrary, but subject to your rights under the ACL:
(a) Risk and title in the Product(s) remains with us until we have received full payment for the Product(s) and any associated delivery costs. After which time, such title and risk passes to you, whether or not the Product(s) have been delivered to the specified address, or whether you have collected the Product(s) by that time.
(b) We are excluded to the fullest extent possible under Laws, including as to the ACL, from all implied terms and warranties, whether statutory or otherwise, relating to the subject matter of these Terms.
(c) We are not liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms or any Product.
(d) In the event that clause 8.1(b) or 8.2(c) is deemed unenforceable to any extent, which is denied, and the relevant loss pertains to a Product our total aggregate liability arising out of or in connection with these Terms (whether in contract, tort (including negligence), statute or otherwise) is instead limited to the greater of any amount paid by you for the relevant Product(s), or the cost of replacement or repair of the relevant Product(s).
(e) Our liability to you for loss or damage of any kind arising out of these Terms will also be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
9. Intellectual Property
(a) All Intellectual Property Rights in and to the Site, its contents and any Products, including but not limited to copyright, trademarks, text, graphics, logos, images, software, designs, symbols, layouts, and other materials are owned by or licensed to us and are protected by applicable intellectual property laws.
(b) Except as expressly permitted under these Terms or by Law, you must not reproduce, modify, distribute, publish, transmit, create derivative works from, display, perform, or otherwise exploit any of our Intellectual Property Rights without prior written consent.
10. Dispute Resolution
(a) If a dispute is raised by you in relation to the Products or interpretation of the Terms (Dispute), you must not commence court or arbitration proceedings relating to the Dispute without participating in the dispute resolution procedures set out in this clause 10.
(b) You must give a written notice to us specifying the nature of the Dispute (Dispute Notice). That notice is to be provided in accordance with clause 11.5 of these Terms. As soon as practicable after receiving the giving of a Dispute Notice, the parties must attempt to resolve the Dispute by negotiation and in accordance with the Terms.
(c) If the parties are unable to reach a resolution of the Dispute within 10 Business Days of the giving of a Dispute Notice by direct negotiation, any party may by notice in writing (Mediation Notice) to inform the other party that it seeks to have the Dispute resolved by mediation.
(1) Within 10 business days of receipt a Mediation Dispute, the parties shall organise and attend a mediation or similar alternative dispute resolution method as agreed between the parties. Each party shall be represented by a person having authority to agree to such resolution or methods. All aspects of every such conference except the fact of its occurrence shall be privileged;
(2) Nothing herein shall prejudice the right of a party to institute proceedings to enforce payment due under the Terms, or to seek injunctive or urgent declaratory relief.
(3) Nothing in this clause prevents any party from exercising any of its rights or permits any party to not comply with any obligations under the Terms.
(4) If the mediation is unsuccessful, the dispute may then be referred to the Courts of Queensland.
(5) Each party is responsible for all its own costs incurred in the negotiation and performance of the steps in this clause 10.
11. Miscellaneous
11.1 User Content
You may be able to post content, such as reviews, on our Site. By doing so, you grant us the right to use, modify, and share your content. You warrant that any content you post is your own, does not infringe third-party rights, and complies with these Terms.
11.2 Governing Law
These Terms are governed by the laws of Queensland. Any disputes arising from or relating to these Terms or your use of the Site will be resolved in the courts of Queensland.
11.3 Set-off
We have, to the extent permitted by Law, the right to, without affording you prior notice or obtaining your consent, set off, deduct or recoup from monies otherwise payable to you by us any and all amounts that are due or will become due from you to us (or any of our affiliates) for any reason, including but not limited to in connection with the purchase of a Product, an Order, the operation of these Terms, as damages or compensation for any breach of contract or tort, or in connection with equitable relief.
Any Law which varies prevents or prejudicially affects the exercise by a party of any right, power or remedy conferred on it under the Terms is excluded to the extent permitted by law.
11.5 Notice Details
For any questions, feedback, or notices, please contact us at:
Nashie Pty Ltd
ABN: 18 680 324 538
Email: support@thenashie.com.au
12.1 Products are for use in Calm Conditions Only
(a) All Products are, regardless of any other words used anywhere by us or any other party, or any representation made by us or anyone, designed for use in calm, leisure environments such as, by example only, lounging by the pool, or gentle wading in the ocean in very calm conditions. Regardless, even in those conditions, you should only use and permit the use of any Product where the wearer can comfortably stand up in the water, and while they are not near any areas that may take them out of standing water depth.
(b) Our Products are not intended for use in rough conditions, high-impact activities, or any type of exertive physical activity including sports of any kind. Below is a detailed explanation of the usage restrictions.
12.2 No Use in Rough or High-Impact Conditions
The Products are not designed or built to withstand harsh environmental elements or rough physical conditions. This includes, but is not limited to, activities such as:
(a) Surfing or Waves: The material and construction of the shirt are not designed to endure the forces of waves or water currents.
(b) Windy Conditions: Winds which are more intense than light winds can cause excessive strain on the shirt, leading to damage, such as tearing or fraying at the seams.
(c) Rough Terrain or Abrasive Surfaces: Wearing the shirt in rocky environments, on sharp surfaces, or when in contact with coarse materials (like stones, or coral reefs) could cause permanent damage to the fabric and compromise the shirt's durability.
12.3 Unsuitable for Sports or Physical Activities
The Products are not intended for any type of athletic or high-mobility activity. The shirt is specifically crafted for comfort and style in low-intensity, relaxed settings. The following sports and activities, without limitation, should be strictly avoided while wearing a Product(s):
(a) Water Sports: Do not use the shirt for water sports such as surfing, jet skiing, wakeboarding, or kite surfing. The material is not designed to handle the rapid movements, water friction, and impact that these activities involve (and other elements of those activities).
(b) Swimming in Open or Rough Waters: Avoid wearing the Products when swimming in rivers, lakes, or the open ocean where currents, any tide other than a gentle tide, or water debris may be present.
(c) High-Intensity Sports: Do not use the Products for sports or physical exertion of any sort, including but not limited to for beach volleyball, soccer, or any other physical activities that involve jogging, running, jumping, or vigorous movements. The shirt is not constructed for such activities and may become damaged.
(d) Diving or Snorkelling: snorkelling or diving of any kind (whether with a snorkel or other breathing apparatus, or without any) requires specific equipment, using the Products in these activities could lead to abrasions or tears due to, amongst many other factors, underwater contact with coral, rocks, or other abrasive surfaces. It could potentially become a swim hazard if snagged or caught on an object, resulting in injuries or death. It should not be used for these activities.
12.4 Child Safety
12.5 No floatation function
Our Products do not and are not intended to provide flotation or life-saving functions in any respect or to any extent and must not be relied upon for water safety or swimming or floatation assistance, or to serve any sort of floating function whatsoever.
12.6 Sun Safety
You agree and acknowledge the following. The Products may have a UPF rating assigned or communicated on a product tag or on the website. That UPF rating applies only to the area of skin covered. Maximum skin coverage helps to prevent skin damage. The UPF rating does not consider the design of this item in relation to recommended body coverage. Protection may be reduced if the material is wet, worn improperly, stretched or from the effects of normal wear or exposure to chemicals. The Products are intended to be worn in combination with other sun protective clothing that has a UPF rating, including hats, clothing that provides maximum skin coverage, sunglasses, sunscreen and shade. Where a UPF rating is displayed or stated in respect of a Product, that is the result of us having reasonably relied upon test results to that effect given to us by an independent testing facility. You agree and acknowledge this is sufficient and reasonable grounds for us to represent that the rating applies as advertised.
12.7 General Care and Maintenance
(a) Wearing the shirt outside of its intended calm and relaxed use, including those referred to in this clause 12, could significantly decrease its lifespan, or potentially cause harm and lead to your serious injury, or death. The fabric and stitching are specifically chosen for light, leisurely conditions and may not tolerate exercise, physical exertion, strain or tension.
(b) For long-term enjoyment, please ensure that the Products are only worn and used in accordance with these Terms.
(c) Each Product shall include a clearly visible care label affixed to the garment detailing washing instructions, warnings about water conditions, recommended storage practices, and guidance on avoiding abrasive surfaces and improper use. Failure to follow care instructions or use in accordance with clause 12 may void warranties or refunds and may expose you to greater risk of damaging the item, injury or death.
(d) To the extent there is any inconsistency between any words written on a label affixed to any Product and these Terms, the Terms prevail to the extent of that inconsistency.
12.8 Consequences of Improper Use
(a) Failure to comply with these Terms in all respects may result in permanent damage to the Products, including but not limited to:
(1) tearing of fabric;
(2) stretching of seams and collars;
(3) abrasion marks, scuffs, and holes;
(4) loss of water resistance (if applicable to certain design features); or
(5) potential injury or death.
(b) Improper use, such as wearing the shirt in rough conditions, out of comfortable standing depth water, or for high-impact activities, including those mentioned above in this clause 12, or any breach of these Terms whatsoever, will void any warranties or guarantees provided by Nashie, and the company cannot be held responsible, and you hereby release and discharge us from, any liability whatsoever for any injuries, or death, caused by the misuse of a Product.
(c) Nashie will also not be responsible for repair, replacement, or refund of any Product damaged due to misuse or improper care, or any conduct contrary to these Terms.
13. Definitions
The following definitions apply to these Terms:
Account means the user account registered by you on the Site that enables you to purchase Products and use other features made available by us from time to time.
ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
Business Day means:
(a) if determining when a notice, consent or other communication is given, a day that is not a Saturday, Sunday or public holiday in the place to which the notice, consent or other communication is sent; and
(b) for any other purpose, a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Queensland.
Customer Service Centre means the customer service centre provided by Nashie to assist with customer inquiries that is accessible through the telephone number, email or inquiry form provided on the Site for that purpose.
Intellectual Property Rights means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, designs, trademarks, know-how, confidential information, patents, logos, symbols and other designs and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Law means any statute, rule, regulation, proclamation, order in council, ordinance, local law or by-law, whether present or future, State, federal or otherwise and which applies to us, or to you, or to any activity or conduct which has some connection with these Terms, the Site, or any Product.
Order means any written, electronic, or verbal request by you, whether through your Account or not, for the supply of a Product(s), which constitutes an offer to purchase in connection with or under these Terms.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Privacy Policy means our privacy policy accessible here.
Product(s) means any good which is listed for sale on or may be purchased or ordered (including pre-ordered) via the Site.
You means the person, or entity browsing, accessing, or using the Site, or who places an Order, signs up for an Account, or who enters into a contract to purchase or receive one of our Product(s), including any employees or agents thereof.