Terms and Conditions

 

OVERVIEW

Nestyboxes is the owner and operator of this website. The terms "we," "us," and "our" refer to Nestyboxes when you use this website. You, as the user, are granted access to this website by Nestyboxes, including all information, tools, and services available from this site, subject to your compliance with all applicable terms, conditions, policies, and notices.

The following terms and conditions (the "Terms of Service," "Terms"), which also include any other terms, conditions, and policies referenced herein or accessible by hyperlink, apply to any use of our website or any purchases you make from us. All site users, including browsers, vendors, customers, merchants, and content contributors, are subject to these Terms of Service.

Please take the time to carefully read these Terms of Service before using or accessing our website. You accept to be bound by these Terms of Service by using or gaining access to any part of the website. You are not permitted to use any of our services or access the website if you disagree with any of the terms and conditions stated in this agreement. Your acceptance is conditional upon your acceptance without modification of the offer contained in these Terms of Service.

The Terms of Service will also apply to any new features or tools that are added to the current store. On this page, you can always review the most recent version of the Terms of Service. By publishing updates and/or changes to our website, we reserve the right to amend, modify, or replace any part of these Terms of Service. It is your responsibility to frequently check this page for updates. Following the posting of any changes, your continued access or use of the website constitutes acceptance of those changes.

 

SECTION 1: ONLINE STORE TERMS

By accepting these Terms of Service, you attest that you are at least the legal age of majority in your state or province of residence or that you have given us permission for any minor dependents you may have to use this site. It is not permitted to use our products for any unauthorised or illegal purposes or to break any local laws while using the Service, including copyright laws. You are not allowed to spread any malware, including worms and viruses. Your access to our Services will be immediately terminated for any violation or breach of these terms.

 

SECTION 2: GENERAL CONDITIONS

Anytime and for any reason, we reserve the right to deny service to anyone.
You acknowledge that your content (excluding credit card information) may be transferred unencrypted and undergo modifications to meet the technical needs of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

Without our express written consent, you agree not to use, duplicate, copy, sell, resell, or exploit any part of the Service, including the use of the Service, access to the Service, or any contact on the website.

Only used for convenience, the section headings in this agreement do not limit or otherwise affect these Terms.

 

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make no promises regarding the timeliness, accuracy, or completeness of the information on this website. The information provided is only meant to serve as a general guide and should not be used as the only basis for making decisions. Before making any decisions, we suggest that you check out primary, accurate, complete, or timely sources of information. You do so at your own risk if you rely on the information on this website.

This website might contain outdated historical information that is only offered for reference. Without being obligated to update any information, we reserve the right to change the site's contents at any time. You are in charge of keeping an eye on any alterations made to our website.

 

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to alter product prices at any time and without prior notice. In addition, we reserve the right to alter or discontinue the Service or any of its features without prior warning. Any price changes, modifications, suspensions, or discontinuance of the Service shall not be construed as our liability to you or any third party.

 

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable) 

Some of the goods or services we provide on our website might only be accessible online, and any returns or exchanges are subject to our return policy.
Although we have gone to great lengths to ensure that the colours and images of our products are accurately displayed in the store, we cannot guarantee that this will also be the case for the display on your computer monitor.
We reserve the right, but are under no obligation, to restrict the sales of our goods or services to any one individual, community, or legal system.
We reserve the right to use this right selectively and to impose limits on the number of products or services we provide.
At any time, without prior notice, and at our sole discretion, all product descriptions and prices are subject to change.
Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited. We make no promises regarding the accuracy of the Service's content or that any errors will be fixed in any products, services, information, or other materials that you buy or obtain from us.

 

SECTION 6 – DISCOUNTS AND COUPONS 

Unless otherwise specified, all discounts and coupon codes only apply to full-price live sales. They cannot be combined with store credits or other discount offers, nor can they be applied to previous purchases. Additionally, each coupon or discount can only be used once per order.

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

Any order you place with us may be refused by us in our sole discretion. The number of products that can be purchased per person, per household, or per order may be restricted or cancelled at our discretion. Orders placed by or under the same customer account, credit card, and/or shipping or billing address may be subject to such restrictions. We may try to contact you at the email address, billing address, and/or phone number you provided at the time of purchase if we modify or cancel an order.

We reserve the right to restrict or forbid orders that appear to have been placed by dealers, resellers, or distributors in our sole discretion.
You must supply up-to-date, accurate, and comprehensive purchase and account information in order to make purchases from our store.
In order for us to complete your transactions and get in touch with you as necessary, it is your responsibility to keep your account information, including your email address and credit card information, up to date.

  

SECTION 8 – OPTIONAL TOOLS

Access to third-party tools may be provided to you, but we have no control or influence over them, and we do not keep track of them. You agree that access to these tools is provided "as is" and "as available" without any express or implied warranties, representations, or conditions of any kind. Any problems brought on by your use of optional third-party tools are not our responsibility.

You accept all risks and use any optional tools made available by the website at your own risk. Make sure you are aware of and agree with the conditions under which the applicable third-party provider provides the tools (s).

In the future, we might add new tools and resources, services, or features to the website that will also be governed by these Terms of Service.

 

SECTION 9 – THIRD PARTY LINKS 

Third-party content, goods, and services might be included in our service. On our website, you might find links to third-party websites that are unrelated to us. In addition, we make no warranty or guarantee regarding the reliability or accuracy of any materials or websites belonging to third parties.

Any harm or damages resulting from the use of products, services, information, or other transactions on third-party websites are not our responsibility. Make sure you are familiar with the third party's policies and practises before entering into any transactions. Concerning products from third parties, you should address any issues directly with the third party.

  

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you voluntarily send us certain types of content, like contest entries or other types of submissions (collectively, "comments"), whether online, by email, by postal mail, or otherwise, you agree that we may use those submissions however we see fit, including editing, translating, publishing, and displaying them in any format. We are not required to (1) maintain the privacy of any comments; (2) pay you for any comments; or (3) answer any comments.

We reserve the right to review, modify or delete any content that we, at our sole discretion, deem to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or in violation of intellectual property rights or these Terms of Service. However, we are not obligated to take any such action.

By leaving a comment, you affirm that it does not violate any third-party rights, such as copyright, trademark, privacy, personality, or other proprietary or personal rights. Your comments must also be free of any harmful computer viruses or malware as well as any libellous, abusive, obscene, or illegal content that could harm the Service or any associated websites. You are not permitted to use a false email address or impersonate someone else, nor may you mislead us or any third-party regarding the origin of your comments. We do not accept any responsibility or liability for any comments posted by you or any third party, and you are solely responsible for the accuracy and content of your comments.

 

SECTION 11 – PERSONAL INFORMATION

 To learn how we gather, use, and disclose the personal information you provide through the store, please refer to our Privacy Policy.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We are aware that there could occasionally be inaccurate or incomplete information on our website or in the Service, including but not limited to product descriptions, pricing, special offers, promotions, shipping costs, transit times, and availability. As a result, even after you have submitted your order, we reserve the right to check for any errors, inaccuracies, or omissions, and to change or update information.

Except where required by law, we have no obligation to update or otherwise make clear any information in the Service or on any associated website, including pricing information. The Service or any related website may not specify an update or refresh date, but this does not mean that all the information has been updated or changed.

 

SECTION 13 – PROHIBITED USES 

We forbid using our website or its contents for any illegal activity, including encouraging others to commit crimes or breaking the law. Additionally, you are not allowed to submit false information, upload malicious code, collect personal information from others, spam, phish, act in an immoral or obscene manner, or violate any of our or others' intellectual property rights. Additionally, we do not tolerate discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. We also do not tolerate harassment, abuse, insults, harm, defamation, slander, disparagement, or intimidation. Any attempt to undermine or get around our Service's or a related website's security measures is also forbidden. If you use the Service or any related website for any of these forbidden purposes, we reserve the right to stop you from using them.

 

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The uninterrupted, timely, secure, or error-free use of our service is not something we can promise, represent, or warrant.
We make no promises regarding the accuracy or dependability of any results that may be attained through the use of the service.

You understand and agree that we may discontinue the service at any time and without prior notice, either permanently or temporarily.

You acknowledge that using the service—or being unable to use it—is done at your own risk. Except where expressly stated by us, the service and all goods and services provided to you through it are provided "as is" and "as available," without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

If you use the Service or any products you purchase through the Service, Nestyboxes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not responsible for any damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, or consequential damages. In addition, they are not responsible for any claim that is in any way connected to your use of the Service or any products you purchase through the Service.

Our liability will never go beyond the price you paid for the good or service.

The above limitation may not apply to you because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages.

  

SECTION 15 – SEVERABILITY 

The remaining clauses of these terms of service will still be in full force and effect if any clause is found to be invalid, illegal, or unenforceable. The unenforceable portion shall be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law. 

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties hereto which have accrued prior to the termination date shall survive any termination of this Agreement.
Until you or we decide to terminate them, these Terms of Service will remain in effect. By notifying us that you no longer want to use our Services or when you stop using our website, you may terminate these Terms of Service at any time.

If we feel that you have violated any term or provision of these Terms of Service, we reserve the right to terminate this agreement immediately and without prior notice. In this case, you are still liable for any amounts owed up until the date of termination. Moreover, we reserve the right to restrict your access to any of our Services.

  

SECTION 17 – ENTIRE AGREEMENT 

No right or provision of these Terms of Service shall be deemed to have been waived by our failure to exercise or enforce such right or provision.

The use of the Service is subject to these Terms of Service, which supercede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. These Terms of Service, along with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service shall not be construed against the party who drafted them in the event of any ambiguities in their interpretation.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any other specific agreements under which we provide you with Services shall be governed and construed in accordance with the laws in force in the State of South Australia, Australia.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE 

On this page, you can always review the most recent version of the Terms of Service. By publishing updates and changes to our website, we reserve the right to amend, modify, or replace any part of these Terms of Service at any time. It is your responsibility to frequently check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or access the Service constitute your acceptance of those modifications. 

 

SECTION 20 – CONTACT INFORMATION 

If you have any inquiries regarding the Terms of Service, kindly direct them to us via email. 

 

Last Updated 1/03/2022