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Terms & Conditions


TERMS AND CONDITIONS OF USE

Terms of Use

Please read carefully the following terms of use for the Nell’s Nest website.

1. Privacy Policy

Any personal data that you may provide us through the Site is subject to our Privacy Policy.
 

2. Use of the Site

(a) You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
(b) You will indemnify us if any third party takes action against us in relation to the Material used in this site. You fully agree to indemnify, defend and hold us (Nell’s Nest) from and against all claims, liability, damages, losses, costs and expenses which includes all reasonable legal fees, arising out of any breach of the conditions by you or other liabilities arising out of your use of this website, or by the use of any other person accessing the site and gaining your personal information.
(c) We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
(d) You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
(e) You must not submit any material which is offensive, menacing or obscene to the site or which in our opinion may cause nuisance, annoyance, damage or inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.
(f) We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of the Terms laid out by Nell’s Nest.
(g) Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
 

3. Intellectual Property rights

(a) The Site and its content are protected by intellectual property rights, including any copyright and trademarks, as detailed in our Intellectual Property Notice. Nell’s Nest reserves its rights in respect of this.
(b) Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
 

4. Disclaimers

(a) Your use of the Nell’s Nest website is at your sole risk. The site is provided on an “as is” and “as available” basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your computer does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site.
(b) The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web.
(c) The content of the Site has been compiled from a variety of sources and is subject to change without notice.
 

5. General Information

(a) These Terms constitute the entire agreement between you and us.
(b) Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
(c) These Terms and the relationship between you and us shall be governed by the laws of New Zealand and the New Zealand courts shall have non-exclusive jurisdiction over any dispute.
(d) We reserve the right to vary the Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.

Any orders that you place on the Website will be subject to acceptance in accordance with the following terms of use for Nell’s Nest website.

Terms of Sale

1. CONDITIONS OF SALE

In order to create a contract between you and us, please follow the simple on screen instructions taking you through the process of placing an order on the website. To place an order for the products select go to the checkout page, confirm your order details. In doing this you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
The acceptance of your order and the completion of the contract between you, the purchaser and us, Nell’s Nest will take place on dispatch of the products unless we have notified you that we have not accepted your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation.
Non-acceptance of an order by us will occur in circumstances such as:
  • We identify a pricing or product description error;
  • the ordered product is out of stock or unavailable;
  • or if we are unable to obtain authorisation for your payment.

2. PRICING AND AVAILABILITY

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The product price, as displayed, is exclusive of GST. Nell’s Nest is not currently GST registered.

3. GENERAL INFORMATION

(a) These Terms constitute the entire agreement between you the purchaser and us, Nell’s Nest.
(b) Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
(c) These Terms and the relationship between you and us shall be governed by the laws of New Zealand and the New Zealand courts shall have non-exclusive jurisdiction over any dispute.

4. INTELLECTUAL PROPERTY

Nell’s Nest and other owned names and or logos contained in this site are trademarks and or registered to Nell’s Nest owners.