Terms of service

TERMS OF SERVICE

Business: Nearly Lucid (Sole Trader)
Contact: contact@nearlylucid.com
Last updated: 12/02/2026

These Terms of Service apply to your use of Nearly Lucid (the “Website”) and purchases from Nearly Lucid.

1) Business details
Nearly Lucid is operated by Hayden Opperman as a sole trader in Australia.
ABN: 52 364 216 224
Location: NSW, Australia

2) General
By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

3) Products and handmade variation
Products may be handmade/assembled and may vary slightly from photos, videos, renders, or 3D previews due to natural materials (including timber grain), finishing processes, and tolerances. Minor variation is not a fault.

4) Orders, pricing, and availability
Prices are in AUD. We may update pricing and availability at any time.
We may refuse or cancel any order if an item is unavailable, there is an error in a listing, payment fails, or we suspect fraud/unauthorised activity. If we cancel, we refund amounts paid for the cancelled item(s).

5) Shipping (Australia-wide)
We ship Australia-wide only. Delivery timeframes are estimates.
If you provide “authority to leave”, you accept the risk of theft or exposure after delivery is recorded by the carrier, to the extent permitted by law.

6) Returns, refunds, damaged or faulty goods
Returns and refunds are handled according to our Return & Refund Policy.
Nothing in these Terms excludes or limits your rights under Australian Consumer Law.

7) Custom commissions
7.1 Discretion to quote
Commissions are offered at Nearly Lucid’s discretion. After you contact us, we may provide a written quote at a time of our choosing (including choosing not to quote). Quotes are based on information you provide and may be revised if scope changes.

7.2 Quote validity
Quotes are valid for 30 days from the date sent unless stated otherwise.

7.3 Deposit and payments
To proceed with a commission, you must accept the quote in writing (email is fine) and pay a 50% deposit before we begin any work (including design development, prototyping, ordering materials, or reserving production time).
The remaining 50% balance plus shipping (if applicable) is payable before dispatch unless otherwise agreed in writing.

7.4 Design checkpoints and revisions
We may provide previews at our discretion (notes, sketches, photos, videos, renders, and/or 3D previews).
The quote includes up to [1 or 2] rounds of reasonable revisions during the concept stage.
After concept approval, changes are treated as scope changes and may incur additional fees and/or extend timelines. We will confirm additional costs in writing before proceeding.

7.5 Cancellations (commissions)
If you cancel before work begins, we refund the deposit minus any non-recoverable costs already incurred (if any).
If you cancel after work begins, the deposit is non-refundable for change of mind, except where required by law.
If costs incurred exceed the deposit (e.g., special-order materials/electronics, prototyping), you agree to pay those costs.

8) Intellectual property
8.1 Ownership
All content on the Website is owned by or licensed to Nearly Lucid, including product designs, images, video, renders, text, branding, and all 3D models/3D views (“Content”).

8.2 Viewing licence
You may view the Content for personal, non-commercial purposes only.

8.3 Prohibited uses (copying, scraping, extraction, AI use)
You must not, and must not attempt to:
- copy, reproduce, distribute, publish, sell, licence, rent, or publicly display any Content;
- create derivative works from any Content;
- scrape, crawl, spider, data-mine, harvest, or use automated tools to access the Website or collect Content;
- download, capture, reverse engineer, decompile, extract, reconstruct, or otherwise obtain any 3D model files, textures, or materials used for 3D viewing;
- use any Content (including images, video, or 3D views) to train, fine-tune, evaluate, or improve any AI or machine learning system, model, dataset, or embedding index (commercial or non-commercial);
- remove watermarks, metadata, copyright notices, or attribution.

9) Intellectual property for commissions
All intellectual property rights in commission concepts, prototypes, iterations, renders/photos/videos, 3D previews, drawings, plans, CAD/files, and any interaction logic remain the exclusive property of Nearly Lucid unless we agree otherwise in writing.
Once paid in full, you receive a personal, non-transferable licence to use and display the finished physical commissioned product for its intended purpose only. You do not receive any right to reproduce, manufacture copies, arrange third-party manufacture, 3D scan, reverse engineer, create moulds, create derivatives, or exploit the design commercially unless agreed in writing.
We do not supply CAD/source files unless explicitly agreed in writing (additional fees and licence restrictions may apply).

10) Portfolio right
Unless agreed otherwise in writing before work begins, you grant Nearly Lucid the right to photograph and/or film the finished commissioned work and use those images/videos (and a non-confidential description) for Nearly Lucid’s portfolio, website, social media, exhibitions, and marketing. We will not publish your personal information without your consent.

11) Electrical components and safety
Some products contain electrical/electronic components (e.g., LEDs, switches, buttons, touch interfaces).
Use only as instructed and with the specified power source/accessories.
Do not expose to water or heat unless explicitly rated.
Do not modify wiring/components or attempt repairs unless authorised in writing.
Stop using immediately if overheating, smoke, burning smell, swelling, cracking, unusual sounds, or flickering occurs.

12) Website availability and acceptable use
We may change, suspend, or withdraw any part of the Website at any time. You must not interfere with the security or operation of the Website.

13) Liability
Nothing in these Terms excludes or limits any rights you may have under Australian law that cannot be excluded. Subject to those non-excludable rights, we are not liable for indirect or consequential loss.

14) Governing law
These Terms are governed by the laws of New South Wales, Australia.