Terms of service

NWLY Terms of Service

Last updated: 2 September 2026

These Terms of Service apply to:

Your access to and use of the NWLY website at nwly.com.au
Products purchased through the NWLY online store
Products purchased directly from NWLY at markets
Other interactions with NWLY that refer to these terms

Website-specific provisions apply only to use of the NWLY website and online services.

By accessing the NWLY website or placing an order with NWLY, you agree to these Terms of Service and the policies referenced in them. If you do not agree, you should not use the website or place an online order.

About NWLY

NWLY is operated by:

James New trading as NWLY
ABN 80 365 248 900
Sydney, New South Wales, Australia
Email: customersupport@nwly.com.au

The NWLY online store is powered by Shopify. Purchases made from the NWLY store are transactions directly between the customer and NWLY. Shopify provides the ecommerce platform but is not the seller of NWLY products.

Eligibility

You must be legally capable of entering into a binding agreement to place an order.

If you are under 18 years old, you should only use the website or place an order with the permission and involvement of a parent or legal guardian.

When placing an order, you must provide information that is accurate, current and complete. You must be authorised to use the selected payment method.

Customer accounts

Customers may be able to purchase as a guest or create a Shopify customer account.

If you create an account, you are responsible for:

Keeping your login details secure
Providing accurate account information
Updating your information when it changes
Notifying NWLY if you suspect unauthorised access to your account

NWLY may restrict or suspend access to an account where reasonably necessary to protect the customer, NWLY, Shopify or other users from suspected fraud, security threats, unlawful activity or material misuse of the website.

Any restriction will not affect orders already accepted or rights that cannot lawfully be excluded.

Products and product information

NWLY takes reasonable care to present product descriptions, photographs, colours, materials, sizing, measurements and other information accurately.

However:

Colours may appear differently because of screen settings, lighting and photography.
Minor variations may occur between production runs.
Measurements may be subject to reasonable manufacturing tolerances.
Sizing and fit information is provided as a guide and individual fit may vary.
Product availability may change without notice.

These statements do not exclude or limit any right relating to a product that is faulty, unsafe, materially different from its description or otherwise fails to comply with the Australian Consumer Law.

Customers should review product information and available size guides before ordering. NWLY’s voluntary fit-related size exchange is explained in the Returns, Exchanges and Refunds Policy.

Product availability

All products are subject to availability.

NWLY does not currently offer pre-orders or back-orders. If a product or size is unavailable, it will ordinarily be displayed as out of stock and cannot be ordered.

Occasionally, stock discrepancies or technical errors may occur. If NWLY cannot supply a product after an order has been placed, NWLY will contact the customer and provide a refund for the unavailable product and any applicable delivery charges associated solely with that product.

Online orders and acceptance

Submitting an online order is an offer to purchase the selected products.

An automated order confirmation confirms that NWLY has received the order. It does not necessarily mean that the order has been accepted.

An online order is accepted when NWLY confirms dispatch or otherwise expressly confirms acceptance.

Before acceptance, NWLY may reasonably decline or cancel an order because of:

Insufficient stock
An unsuccessful or reversed payment
Suspected fraud or unauthorised payment activity
An address that NWLY or Australia Post cannot service
A legal or regulatory restriction
A material website, product or pricing error
An order that reasonably appears to be intended for unauthorised commercial resale

NWLY will not cancel an order arbitrarily or for a reason prohibited by law.

If NWLY declines or cancels an order after receiving payment, NWLY will refund the affected amount to the original payment method.

Market purchases

A purchase made directly from NWLY at a market is accepted when payment is successfully completed.

Market customers may be offered an email, SMS, Shop app or other available receipt through Shopify POS. Customers should retain their receipt or another reasonable form of proof of purchase.

Product availability, prices or promotions at a market may differ from those available online where this is clearly communicated before purchase.

The NWLY Returns, Exchanges and Refunds Policy, Australian Consumer Law and other applicable provisions of these terms also apply to market purchases.

Personal-use purchases and resale

NWLY products are intended primarily for personal or household use.

NWLY may place reasonable quantity limits on products or orders to:

Protect limited stock availability
Provide fair access to customers
Prevent suspected fraud
Prevent purchases that reasonably appear intended for unauthorised commercial resale

Before declining an unusually large order, NWLY may contact the customer for further information.

This provision will not be used to cancel ordinary personal purchases or otherwise unfairly disadvantage customers.

Written permission from NWLY is required before purchasing products for commercial resale.

Prices

Prices are displayed in Australian dollars.

Any applicable taxes and delivery charges will be displayed before the customer completes an online purchase.

NWLY may change product prices at any time. A later price change will not alter the price of an order that NWLY has already accepted.

Online and market prices or promotions may differ where the applicable price is clearly communicated before purchase.

Pricing errors

NWLY takes reasonable care to ensure that displayed prices are accurate.

If different prices are displayed for the same product at the same time, NWLY will comply with applicable Australian pricing laws. This may require NWLY to:

Sell the product at the lowest displayed price, or
Temporarily stop selling the product until the pricing error is corrected

Where a pricing or technical error affects an order, NWLY will contact the customer and provide the options required by law.

Nothing in these terms permits NWLY to engage in misleading pricing or cancel an accepted order in circumstances where cancellation would be unlawful.

Payments

Available payment methods are displayed at checkout or through Shopify POS and may change over time.

Online payment methods may include:

Shopify Payments
Shop Pay
PayPal
Visa
Mastercard
American Express
UnionPay
Apple Pay
Google Pay

In-person payments may be accepted through Shopify POS, supported Tap to Pay services, cards and digital wallets.

Payments are processed by Shopify, PayPal or other applicable payment providers under their own terms and privacy policies.

You must not use a payment method unless you are authorised to do so.

Delivery

NWLY currently delivers only within Australia using Australia Post.

Delivery areas, processing times, charges, tracking, address requirements and estimated delivery periods are explained in the Shipping Policy.

Delivery periods are estimates and may be affected by circumstances outside NWLY’s reasonable control. NWLY will not represent an estimated delivery period as guaranteed unless it has expressly agreed to a guaranteed service.

NWLY remains responsible for complying with its obligations under the Australian Consumer Law. Nothing in these terms transfers responsibility for a parcel to the customer merely because it has been provided to Australia Post.

Delivery information

Customers are responsible for providing a complete and accurate delivery address.

If you notice an error, contact customersupport@nwly.com.au as soon as possible. NWLY will try to assist but cannot guarantee that an address can be changed after fulfilment has started.

If an order is returned because the customer supplied an incomplete or incorrect address, NWLY may require payment of reasonable additional delivery costs before resending it. This does not apply where the delivery problem was caused by NWLY or where the law requires a different outcome.

Cancellations and order changes

You may request cancellation or correction of an online order by emailing customersupport@nwly.com.au before dispatch.

NWLY will try to accommodate the request, but cancellation or amendment cannot be guaranteed once processing or fulfilment has started.

If NWLY confirms a cancellation before dispatch, the applicable amount will be refunded to the original payment method.

Once an order has been dispatched, the conditions in the Returns, Exchanges and Refunds Policy apply.

Returns, exchanges and refunds

NWLY does not provide returns or refunds solely for change of mind.

NWLY provides one voluntary fit-related size exchange for eligible full-priced products, subject to the conditions in the Returns, Exchanges and Refunds Policy.

Products that are faulty, damaged, unsafe, incorrect or misdescribed are handled in accordance with the Australian Consumer Law and the Returns, Exchanges and Refunds Policy.

Promotions and discount codes

NWLY may offer promotions or discount codes subject to additional conditions.

Unless stated otherwise:

A discount code must be applied before payment.
Only one discount code may be used per order.
Discount codes cannot be applied retrospectively.
Promotions may be restricted by date, stock, product, customer, location or minimum spend.
Promotions cannot be redeemed for cash.
Promotional availability is subject to stock.
A promotion affected by a genuine error, fraud or misuse may be corrected, suspended or withdrawn where lawful and reasonable.

Specific promotional conditions will prevail over these general terms to the extent of any inconsistency.

Using a discount code or purchasing during an ordinary promotion does not automatically make a product Final Sale. Final Sale products must be clearly identified before purchase.

Australian Consumer Law

NWLY products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

These include guarantees that products will:

Be of acceptable quality
Be fit for any disclosed purpose
Match their description
Correspond with any sample or demonstration model where applicable
Satisfy any express warranty or representation made by NWLY

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.

Website use

You may use the NWLY website only for lawful personal purposes.

You must not:

Use the website for fraudulent, unlawful or malicious activity
Attempt to gain unauthorised access to the website, customer accounts or connected systems
Introduce viruses, malware or harmful code
Interfere with the website’s security, availability or operation
Collect personal information about other users without lawful authority
Impersonate another person or misrepresent your identity
Use the website to transmit spam or unauthorised advertising
Circumvent reasonable purchasing, security or access controls
Scrape, reproduce or commercially exploit website content without permission, except where permitted by law
Infringe NWLY’s or another person’s intellectual property or legal rights

NWLY may take reasonable measures to prevent or respond to misuse, including restricting access to affected website features or accounts.

Intellectual property

Unless otherwise stated, the NWLY name, branding, logos, product artwork, photographs, graphics, videos, written content, website design and other materials are owned by or licensed to NWLY.

You may view and use website materials for personal, non-commercial shopping purposes.

You must not reproduce, modify, distribute, publish, sell, license or commercially exploit NWLY materials without prior written permission, except where permitted by law.

Shopify and third-party names, trademarks and content remain the property of their respective owners.

Third-party services and links

NWLY uses third-party services including Shopify, payment providers, Australia Post, analytics providers and social media platforms.

The website may contain links to websites or services operated by third parties. NWLY does not control those third parties and is not responsible for their independent content, availability, security or privacy practices.

Customers should review the applicable third party’s terms and privacy policy before using its services.

This section does not exclude any responsibility NWLY has for the products it sells or for third parties acting on NWLY’s behalf where responsibility cannot lawfully be excluded.

Relationship with Shopify

Shopify provides the platform used to operate the NWLY online store and related services.

Any contract for the purchase of an NWLY product is between the customer and NWLY. Shopify is not the seller of NWLY products and is not responsible for fulfilling NWLY orders, providing NWLY product remedies or responding to complaints about NWLY products.

Shopify remains responsible for its own services and conduct in accordance with its terms and applicable law.

Privacy and communications

NWLY handles personal information in accordance with the NWLY Privacy Policy.

By using Shopify-powered services, certain personal information may also be processed by Shopify in accordance with the Shopify Consumer Privacy Policy.

NWLY may send transactional communications relating to:

Orders and payments
Delivery and tracking
Customer accounts
Returns, exchanges and refunds
Security or policy updates
Customer-service enquiries

Marketing communications will be sent only where permitted. Recipients may unsubscribe using the method provided in the communication.

Website availability

NWLY aims to keep the website available and accurate but does not guarantee uninterrupted or error-free access.

The website may occasionally be unavailable because of:

Maintenance
Security updates
Technical problems
Third-party service interruptions
Events outside NWLY’s reasonable control

Where reasonably possible, NWLY will take steps to restore affected services.

Temporary website unavailability does not affect consumer rights relating to an accepted order.

Responsibility and liability

NWLY is responsible for loss that is reasonably foreseeable and directly caused by NWLY’s breach of these terms, negligence or failure to comply with applicable law.

NWLY is not responsible to the extent that loss is caused by:

The customer’s unlawful or fraudulent conduct
Inaccurate information supplied by the customer
Misuse of a product contrary to instructions or its ordinary purpose
Unauthorised changes made to a product
A third-party service selected independently by the customer and outside NWLY’s reasonable control
An event outside NWLY’s reasonable control, except where NWLY remains responsible under applicable law

Nothing in these terms excludes, restricts or modifies liability for:

Fraud or fraudulent misrepresentation
Death or personal injury caused by negligence
Wilful misconduct
Australian Consumer Law rights and remedies
Any other liability that cannot lawfully be excluded or limited

Resolving concerns

If you have a concern about the website, an order or a product, contact customersupport@nwly.com.au and provide relevant details.

NWLY will review the matter and try to provide a fair response within a reasonable time.

You may also have the right to contact NSW Fair Trading, the consumer affairs body in your state or territory, the Australian Competition and Consumer Commission, or another relevant dispute-resolution body.

Nothing in these terms prevents either party from exercising a legal right or seeking an available remedy.

Changes to these terms

NWLY may update these terms to reflect changes to:

Business practices
Products or services
Website functionality
Service providers
Legal or regulatory requirements

The updated terms will be published on the NWLY website with a revised “Last updated” date.

Changes will not retrospectively alter an order already accepted unless required by law or agreed with the customer.

Where required, NWLY will provide additional notice of material changes.

Severability

If any provision of these terms is found to be unlawful, invalid or unenforceable, that provision will be read down to the extent necessary or severed where it cannot be read down.

The remaining provisions will continue to operate.

No waiver

If NWLY does not immediately exercise a right under these terms, that does not mean NWLY has waived that right.

A waiver is effective only where it is clearly communicated and applies only to the particular circumstances for which it is given.

Governing law

These terms are governed by the laws of New South Wales, Australia.

Nothing in this section excludes or restricts any right a customer may have under the laws of another Australian state or territory, including any right to bring a claim in a court or tribunal with jurisdiction.

Contact NWLY

Questions about these Terms of Service can be sent to: