We, Nestly (‘we’ and ‘us’) are Nestly Pty Ltd (ABN 63 610 292 923). We are an online seller of home furnishings, including furniture, through our website www.nestly.com.au (the ‘website’). Please take the time to read these Terms and Conditions carefully. They explain a number of things including, for example, the rules covering your use of this site, orders, deliveries and returns, as well as other information regarding your rights. By using this website, you’ll be confirming that you have read and understood and agree to these Terms and Conditions. These Terms and Conditions may change from time to time and if they do, the latest version will always be available on the website. We will indicate at the bottom of these Terms and Conditions when they were last updated.
1. Accessing the website
We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly). You are responsible for making all arrangements necessary for your own access to our website. You are responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. You may not use the website for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity of other activity.
Once you have placed an order, we will send you an email confirmation. This email confirmation means that we have received you order, and does not guarantee that the items you have ordered are in stock. Your order represents an offer to purchase, which we will accept once we dispatch your items of your order and have sent you an email confirming this has happened. Once we have released the items/goods to the courier, then the contract between you and us is completed. In the event that a product is unavailable, we reserve the right to cancel your order before dispatch. If this happens, we will contact you by email as soon as possible to let you know. You may choose to have a credit to your account or a refund to the value of the unavailable product. We reserve the right not to accept your order if we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion. We can supply commercial quantities (e.g. anything more than 8 chairs at a time), however as orders of these quantities cannot be placed on the website, please contact us so we can ensure your needs are meet.
3. Products, descriptions and reviews
We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. On some occasions, it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. We’ll always try our best to ensure accuracy, but all weights and dimensions as mentioned on the website are provided in good faith and for indication only. You should be aware that colours may appear slightly differently on different displays and screens. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website. Ratings and reviews are posted on our site by customers, so they don’t necessarily represent the views of Nestly. All ratings are intended as a guideline only and we do not guarantee their accuracy.
4. Prices and payments
All prices displayed on our website are in Australian dollars and include GST. Prices are subject to change without notice, however once your order is placed, the price is fixed at the time of your purchase. All payments are processed in Australian dollars. We use PayPal to accept payments. You may use your Visa, MasterCard, American Express and PayPal to pay. We also accept electronic direct bank transfers of funds. As we use PayPal to accept and process your payments, we do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently. You agree to pay delivery fees as per the shipping calculator located on the Cart and Checkout pages at the time of your purchase.
5.1 Delivery fees
We use a range of different carriers to ensure you get the best rates based on the weight, size of the cartons used to transport the order and your final delivery destination. Delivery fees are calculated using the shipping calculator tool located on the Cart and Checkout screens. Delivery fees are automatically added to the total price of your order, and include GST.
5.2 Delivery time
If an order is in stock, we will generally process and prepare the order for delivery within 24 hours. The delivery time from our warehouse to your final delivery destination will vary based on the carrier selected and the physical delivery distance. You will normally be provided delivery updates and information by the carrier by email once they have collected the order from our warehouse.
5.3 How orders get delivered
When placing an order, you must ensure that you provide us your correct contact number and delivery address. We will provide this contact number to the carriers as they may contact you to organise a mutually agreed time for you to be available at your delivery address to accept the goods. The carrier may leave a card at the address to advise that you will need to pick up the delivery from your nearest Post Office or contact the courier company to arrange for re-delivery. Once goods have been dispatched from our warehouse, it is your responsibility to liaise with the carrier in relation to the date of delivery. Risk in the products passes to you on delivery. We do not accept liability for any loss, theft or damage to the products after delivery. We do not deliver to PO boxes. We do not accept orders for international delivery at this time.
5.4 Failed deliveries
If the delivery address you provided is incorrect and the package is returned, you may be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. If we and our carrier partner have not been able to deliver your order due to your error or fault after 21 days or 3 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances, we will refund you the price of your order, less the delivery fees incurred by us. Delays in shipping do occasionally occur, and we are not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order. If you provide a written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
5.5 Deliver partners’ terms and conditions
Our carrier partners deliver to the ground floor and/or the front door (a door-to-door service) by a single delivery driver. Delivery does not include carrying items inside, upstairs, in elevators, placement, assembly, removal of wrapping or the like. It is your responsibility to arrange bringing goods inside (or in the case of a return, outside) from (or in the case of a return, to) the front door or grounds floor of residences or buildings.
5.6 Bulky items
For items deemed ‘oversized’ (being an item weighing over 25kg), the customer is required to assist (or to arrange for someone to assist) the carrying of the goods from the delivery vehicle to the front door, unless the customer has arranged for alternative and/or premium service in advance of dispatch with us.
6. Consumer rights
The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us with your name and order number and our team will advise you on the next steps.
7. Returns (Happiness Gaurantee)
If you change your mind about your order, you may return it to us within 14 days of the date you received it. You must contact us with your name and order number before returning any items. You will need to cover the fees to return the item. Items returned must be in their original packaging with all accessories, and must be in a resale-able condition. If a returned item is found not to be resale-able by us, we reserve the right to refund only 50% or less of the product price paid by you, less any shipping fees. After we have received your item and confirmed it is in ‘as-new’ condition, we will issue you with a store credit or refund of the purchase price less the initial delivery fees. If you have purchased an item using a free shipping offer and returned it because you have changed your mind, we will deduct the actual shipping cost to us from your refund. If we are not satisfied that you have purchased the goods from us, we reserve the right to not accept your product for return and refund. Items that are ‘made to order’, i.e. all Nestly tables, cannot be returned due to a change of mind.
8. Faulty or damaged goods
On rare occasions, goods may arrive to you with faults or damage, whether caused by damage in transit, or other causes. If you notice that an item is damaged when it is delivered to you, please contact us within 2 days of receiving delivery with your name, order number and photos showing the damage. Our team will assess and provide further instructions. Note that slight variations in colour or grain or finish (as between goods received by you and images shown on the website), or damage to packaging only, is not a fault and are not covered. If the faults are superficial we will offer you a partial refund in an amount proportionate to the extent of the fault, so that you may keep the product. Also, note that no two pieces of furniture are identical, and that items viewed on a computer screen image are not in all circumstances going to be identical to the physical view of that same item. We reserve the right to determine whether the goods are faulty or damaged in accordance with this clause. We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
9. Limitation of liability
It is important to note that using the internet does have its dangers. Our aim is to ensure a fast, reliable and secure service and to protect your personal information. However, we cannot take responsibility for any breach of security of the website and our databases; Any damage, loss or corruption of any data, information or material; Any viruses or other malicious programs that may infect your computer equipment or other property; Any breach of security by hackers in relation to website and our databases. Nestly won’t be liable for any special, indirect, incidental, consequential or economic loss (or for any exemplary or punitive damages) in connection with the use of www.nestly.com.au or any other website. The same applies for the employees, officers, directors, representatives and agents of Nestly. If you have any queries, comments or complaints regarding the site or these Terms and Conditions, just get in touch.
Terms & Conditions last updated 1 September 2016.