Terms & Conditions of Sale

Effective date: 01/07/2026

Welcome to Nestful.

These Terms & Conditions apply to your access to and use of www.nestful.com.au, including browsing the website, creating an account, placing an order, purchasing products, using our services, submitting reviews or content, and communicating with Nestful.

This website is operated by SUPERO OMNIA PTY LTD (ABN 75 658 371 370), trading as Nestful.

In these Terms:

• “Nestful”, “we”, “us” and “our” means SUPERO OMNIA PTY LTD (ABN 75 658 371 370), trading as Nestful.
• “You” and “your” means the person accessing or using the Website, creating an account, placing an Order, purchasing Products from us, or receiving Products supplied by us.
• “Website” means www.nestful.com.au and any related Nestful online store, sales page, checkout page, account portal, product page or digital service operated by us.
• “Products” means products made available for purchase through the Website or through an official Nestful seller account.
• “Order” means an order placed by you for Products.
• “Terms” means these Terms & Conditions.
• “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

These Terms & Conditions include our terms of sale for Products purchased from Nestful.

These Terms apply in addition to our:

• Warranty & Returns Policy;
• Shipping Policy;
• Privacy Policy;
• product-specific terms;
• promotion terms;
• safety information;
• product manuals;
• warnings;
• labels;
• checkout terms; and
• any other terms made available to you.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

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1. About Nestful

Website: www.nestful.com.au
Operator: SUPERO OMNIA PTY LTD
ABN: 75 658 371 370
Trading name: Nestful
Email: support@nestful.com.au
Business address: 55 Kirby St, Rydalmere, NSW, 2116

Questions about these Terms can be sent to support@nestful.com.au.

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2. Agreement to These Terms

By accessing or using the Website, creating an account, placing an Order, purchasing Products, submitting content, contacting Nestful, or otherwise interacting with Nestful online, you agree to be bound by these Terms.

Please read these Terms carefully before using the Website or placing an Order.

If you do not agree to these Terms, you must not use the Website or place an Order.

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3. Eligibility, Legal Capacity and Age Requirements

You may browse and use the Website if you are at least 15 years old and legally permitted to do so in your State, Territory or country.

If you are under 18 years old, you may only place an Order with the consent, involvement and supervision of a parent or legal guardian.

By placing an Order, you represent and warrant that:

• you are at least 18 years old; or
• your parent or legal guardian has reviewed and accepted these Terms on your behalf.

For certain Products, including restricted, sharp, bladed, pointed, age-sensitive, regulated, safety-sensitive or higher-risk Products, you represent and warrant that:

• you are legally permitted to purchase the Product;
• you are legally permitted to receive the Product;
• you are legally permitted to possess the Product;
• you are legally permitted to use the Product; and
• where applicable, you are legally permitted to resell the Product in your State, Territory or location.

You must not place an Order for any Product if you are prohibited by law from purchasing, receiving, possessing, using or supplying that Product.

You must not place an Order on behalf of another person if that person is not legally permitted to purchase, receive, possess or use the Product.

Nestful may refuse, cancel, restrict, delay, hold or require verification for any Order where we reasonably believe that the customer, purchaser, receiver, delivery recipient or intended user does not meet applicable age, legal, safety or regulatory requirements.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

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4. Account Registration

You may browse the Website without creating an account. However, we may require you to create an account to access certain features, manage Orders, save account information, or complete certain purchases.

If you create an account, you agree to:

• provide current, complete and accurate information;
• keep your account details up to date;
• keep your password and login details secure;
• not share your account access with any unauthorised person;
• notify us promptly of any unauthorised access or suspected security breach;
• ensure that all Orders placed through your account are authorised; and
• comply with these Terms when using your account.

You are responsible for activity that occurs through your account, except to the extent caused by Nestful’s breach of law, negligence or failure to comply with these Terms.

You must not create multiple accounts to misuse:

• promotions;
• discounts;
• referral programs;
• store credits;
• return processes;
• payment systems;
• warranty processes; or
• any other Nestful service.

You may request account deletion by contacting support@nestful.com.au.

Account deletion may be subject to our legal, tax, accounting, fraud-prevention, dispute-resolution, warranty, return and record-keeping obligations.

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5. Customer Information

You agree to provide accurate, complete and current information when using the Website, creating an account, placing an Order, requesting delivery, contacting customer service, submitting a return request, or making a warranty claim.

This includes:

• your name;
• your email address;
• your phone number;
• your billing address;
• your delivery address;
• your payment information;
• your Order information;
• product claim information; and
• any other information reasonably required to process your Order or claim.

You are responsible for checking that your delivery address, contact details and Order details are correct before submitting an Order.

Nestful is not responsible for failed delivery, delay, misdelivery, additional freight costs, return-to-sender fees, redirection fees, storage fees or other costs caused by incorrect, incomplete or outdated information supplied by you, except to the extent caused by Nestful’s breach of law, negligence or failure to comply with these Terms.

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6. Customer Obligations

You agree to:

• use the Website lawfully and responsibly;
• comply with these Terms and all applicable laws;
• provide accurate account, delivery, payment and claim information;
• check all product descriptions, specifications, dimensions, compatibility information and instructions before purchase and use;
• read product manuals, labels, safety instructions, guides and warnings supplied with Products before use;
• use Products only for their intended purpose and according to the manufacturer’s instructions;
• take reasonable care when opening, unpacking, assembling, installing, charging, cleaning, storing, maintaining, moving and using Products;
• keep proof of purchase for warranty, return or support purposes;
• cooperate reasonably with Nestful when we assess a warranty, return, refund, replacement, delivery or payment issue; and
• not misuse Nestful’s systems, policies, promotions, returns, refunds, warranties or customer support processes.

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7. Customer Representations at Checkout

By placing an Order, you represent and warrant that:

• all information you provide to Nestful is true, accurate, current and complete;
• you are legally permitted to place the Order;
• you are legally permitted to purchase, receive, possess and use each Product in your State, Territory or location;
• the delivery recipient is legally permitted to receive, possess and use each Product;
• each Product will be used only for lawful, safe, domestic and intended purposes, unless Nestful expressly agrees otherwise in writing;
• you will comply with all applicable Commonwealth, State, Territory and local laws, regulations, safety requirements, carrier requirements, marketplace requirements and product instructions;
• you will not supply, give, resell or make available any Product to a person who is not legally permitted to purchase, receive, possess or use that Product;
• you will not misuse, modify, tamper with, dismantle, open, repair or use any Product outside its intended purpose, specifications, warnings or instructions;
• you will provide appropriate adult supervision where Products are used by or around children;
• you will store, handle and maintain Products safely and responsibly; and
• you accept responsibility for loss, damage, injury, claim, fine, penalty or liability caused by your breach of these representations, your misuse of the Product, your unlawful conduct, or your failure to follow product instructions, except to the extent Nestful is responsible under the Australian Consumer Law or another applicable law.

Nestful relies on these representations when deciding whether to accept, process and dispatch your Order.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

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8. Checkout Acknowledgement

By submitting an Order, you acknowledge, represent and warrant that:

• you have read and agree to these Terms;
• you have read and agree to our Warranty & Returns Policy, Shipping Policy and Privacy Policy;
• you have checked that the Product is suitable for your intended use;
• you have checked that you are legally permitted to purchase, receive, possess and use the Product in your State, Territory or location;
• you have checked that the delivery recipient is legally permitted to receive, possess and use the Product;
• you will comply with all applicable laws, product instructions, safety warnings and use restrictions;
• you accept responsibility for your own misuse, unlawful use, unsafe handling, failure to supervise children, failure to follow instructions, or supply of the Product to a person who is not legally permitted to possess or use it; and
• you understand that Nestful may refuse, cancel, delay, hold or require verification for an Order where reasonably necessary for legal, safety, fraud-prevention, carrier, marketplace, supplier or compliance reasons.

Nothing in this checkout acknowledgement excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

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9. State, Territory and Product-Specific Legal Requirements

Some Products may be subject to specific laws, regulations, safety standards, age restrictions, possession restrictions, use restrictions, transport restrictions, storage requirements or resale restrictions depending on:

• the Product type;
• the Australian State or Territory where the Product is purchased;
• the Australian State or Territory where the Product is delivered;
• the Australian State or Territory where the Product is received;
• the Australian State or Territory where the Product is possessed; and
• the Australian State or Territory where the Product is used.

This may include, without limitation, Products that are:

• sharp;
• bladed;
• pointed;
• electrical;
• rechargeable;
• battery-operated;
• intended for children;
• intended for outdoor use;
• intended for camping use;
• intended for food preparation; or
• otherwise safety-sensitive.

You are responsible for checking and complying with all laws, regulations and safety requirements that apply to your purchase, receipt, possession, use, storage and resale of the Product in your State, Territory or location.

You must not purchase, receive, possess, carry, use, supply or resell any Product in breach of any applicable law, regulation, safety requirement, age restriction, product restriction or lawful direction.

Nestful may refuse, cancel, delay, restrict, modify or require verification for any Order where reasonably necessary to comply with:

• applicable law;
• supplier requirements;
• marketplace requirements;
• carrier requirements;
• product safety requirements;
• State or Territory requirements; or
• Nestful’s own safety and compliance procedures.

Nestful may also remove Products from sale, restrict delivery to certain locations, require age or identity verification, require additional delivery instructions, or refuse supply where a Product is subject to legal, safety, carrier, platform or compliance restrictions.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

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10. Product Safety, Instructions and Warnings

You must read and follow all product descriptions, specifications, manuals, instructions, warnings, labels and safety information supplied with the Product or made available on the Website.

Products must be used only for their intended purpose and in accordance with the manufacturer’s instructions.

You must take reasonable care when:

• unpacking Products;
• assembling Products;
• installing Products;
• charging Products;
• storing Products;
• cleaning Products;
• maintaining Products;
• moving Products; and
• using Products.

For furniture, decor, bedding, towels, storage, bags, camping products, outdoor products, children’s products, kitchen accessories and other homewares, you must check that the Product is suitable for:

• your intended use;
• the intended environment;
• the intended surface;
• the intended load;
• the intended user;
• the intended age group;
• the required supervision level; and
• the conditions of use.

For children’s Products, baby Products, play Products, furniture, bedding, mats or other Products used by or around children, you are responsible for ensuring:

• appropriate adult supervision;
• safe installation;
• safe placement;
• regular inspection; and
• use according to the stated age, weight, safety and product instructions.

For camping, outdoor, travel, pool, beach, fitness or recreational Products, you are responsible for checking that the Product is suitable for the intended:

• environment;
• weather;
• surface;
• load;
• user; and
• conditions of use.

Nestful may remove, suspend, recall, restrict or modify the sale of a Product where reasonably necessary for product safety, legal compliance, supplier requirements, marketplace requirements or customer safety.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

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11. Sharp, Bladed, Pointed and Safety-Sensitive Products

Some Products may include sharp edges, blades, points, cutting surfaces, tools, implements or components that require careful handling.

This may include:

• kitchen accessories;
• cheese knives;
• cheese tools;
• food preparation tools;
• grooming tools;
• camping equipment;
• outdoor accessories;
• furniture components;
• assembly parts; or
• other safety-sensitive Products.

These Products are intended for lawful, safe, domestic and ordinary household use only, unless expressly stated otherwise.

By placing an Order for a sharp, bladed, pointed or safety-sensitive Product, you represent and warrant that:

• you are legally permitted to purchase, receive, possess and use the Product;
• the delivery recipient is legally permitted to receive, possess and use the Product;
• the Product will not be supplied or made available to any person who is not legally permitted to possess or use it;
• the Product will be used only for its intended lawful purpose;
• the Product will be stored safely and kept away from children, vulnerable persons and any person who may misuse it; and
• you will comply with all applicable State, Territory and Commonwealth laws.

You must use, store, handle and dispose of these Products safely and in accordance with all product instructions, warnings and applicable laws.

Nestful may refuse, cancel, restrict, delay or require verification for Orders involving sharp, bladed, pointed or safety-sensitive Products where reasonably necessary to comply with applicable law, product safety requirements, marketplace rules, carrier rules or Nestful’s own safety procedures.

Nestful is not responsible for loss, damage, injury, claim, fine, penalty or liability caused by misuse, unsafe handling, unlawful possession, unlawful use, failure to follow product instructions, failure to supervise children, or use of a Product outside its intended purpose, except to the extent Nestful is responsible under the Australian Consumer Law or another applicable law.

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12. Rechargeable, Battery-Operated and Electronic Products

Some Products may contain rechargeable batteries, lithium-ion batteries, button batteries, coin batteries, electrical components, lighting components, charging ports, USB ports, charging cables or other electronic components.

By purchasing and using these Products, you agree to:

• read and follow all product instructions, warnings, manuals and safety information;
• use only compatible chargers, cables, adapters, parts and accessories;
• not use damaged, incompatible, modified or non-approved charging equipment;
• not charge Products while wet, damaged, covered, overheated, near flammable materials or outside the stated charging conditions;
• not expose Products to excessive heat, moisture, water, impact, corrosive conditions or unsuitable environments;
• keep batteries, charging components and electronic Products away from children unless the Product is expressly intended for supervised child use;
• regularly inspect Products for signs of damage, swelling, overheating, cracking, leakage or malfunction; and
• stop using the Product immediately if it appears unsafe, damaged, overheating, leaking, swollen, smoking, sparking or otherwise abnormal.

Nestful is not responsible for loss, damage, injury, claim, fine, penalty or liability caused by misuse, unsafe charging, incompatible accessories, unauthorised modification, failure to follow instructions, customer-caused damage or use outside the Product’s intended purpose, except to the extent Nestful is responsible under the Australian Consumer Law or another applicable law.

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13. Prohibited Conduct

You must not:

• use the Website for any unlawful, fraudulent, misleading, abusive or harmful purpose;
• breach any applicable law, regulation, standard or code;
• infringe any third party’s rights, including intellectual property, privacy or confidentiality rights;
• make fraudulent, false, speculative, abusive or bad-faith enquiries, purchases, claims or requests;
• use another person’s details without permission;
• impersonate another person or misrepresent your identity;
• create accounts by automated means or under false or misleading details;
• misuse promotions, discount codes, referral offers, store credits, payment systems, chargebacks, warranties or return processes;
• place Orders for resale, distribution or commercial purposes without Nestful’s approval;
• use bots, scripts, crawlers, scrapers, spiders, data-mining tools, automated purchasing tools or similar technologies on the Website;
• copy, scrape, harvest, extract, index, monitor or reproduce Website content, product data, pricing, images, reviews or other information for commercial or competitive purposes;
• interfere with, disrupt, overload, damage or compromise the Website or Nestful systems;
• introduce viruses, malware, malicious code, Trojan horses, worms or similar harmful material;
• attempt to gain unauthorised access to accounts, systems, servers, data, files, passwords or networks;
• reverse engineer, modify, adapt, translate, frame, mirror or reproduce any part of the Website;
• remove copyright, trade mark or proprietary notices;
• post or transmit defamatory, obscene, offensive, threatening, abusive, discriminatory, misleading, fraudulent or unlawful material;
• engage in conduct that interferes with another person’s use of the Website;
• use the Website in a way that causes or may cause loss, liability, damage or harm to Nestful, customers, suppliers, carriers, payment providers or third parties; or
• attempt, assist, encourage or permit another person to do any of the above.

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14. Website Content and Product Information

Nestful aims to provide accurate product information, images, pricing, availability, descriptions, specifications, dimensions, colours, packaging details, compatibility information and delivery information.

However, to the extent permitted by law:

• Website content may contain errors, omissions, inaccuracies or outdated information;
• product images are for display purposes and may vary from the actual Product;
• colours may appear differently depending on screen settings, lighting, photography and device display;
• packaging, labels, design details and accessories may vary due to supplier updates, manufacturing changes or batch variations;
• dimensions, weights and specifications may be approximate unless expressly stated otherwise; and
• availability may change without notice.

Product images, lifestyle images, packaging images, colours, finishes, dimensions and display materials are provided for general guidance only.

Actual Products may vary slightly due to:

• photography;
• lighting;
• screen settings;
• packaging updates;
• supplier updates;
• batch variations; or
• manufacturing changes.

However, nothing in this section allows Nestful to supply a Product that is materially different from its description, not of acceptable quality, unsafe, or otherwise not compliant with the Australian Consumer Law.

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15. Product Availability

Products are subject to availability.

We may change, discontinue, suspend, remove or limit Products at any time, subject to any Orders already accepted by us and subject to your rights under the Australian Consumer Law.

If a Product you ordered is unavailable, we may:

• contact you to offer a suitable alternative;
• cancel the affected part of the Order;
• cancel the whole Order where appropriate;
• refund the amount paid for the unavailable Product; or
• take another reasonable step agreed with you.

If payment has been taken for a Product that cannot be supplied, we will refund the amount paid for that Product within a reasonable time.

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16. Pricing, GST and Charges

All prices displayed on the Website are in Australian dollars unless stated otherwise.

Prices include GST where GST applies.

Prices do not include delivery fees, handling fees, insurance, optional add-ons or other charges unless expressly stated.

Any applicable delivery fees, handling fees or additional charges will be shown at or before checkout where reasonably practicable.

Prices may change from time to time without notice.

Once we accept your Order, the price payable for that Order will not change, except where there has been an obvious error, system error, pricing error, checkout error, promotion error or other mistake.

The price of a Product on the Website may differ from the price of the same or similar Product sold through another sales channel, retailer, marketplace, promotion or third-party seller.

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17. Pricing Errors and Product Errors

We may refuse, reject, cancel or amend an Order where there is an obvious error or mistake, including:

• incorrect price;
• incorrect discount;
• incorrect promotion;
• incorrect shipping calculation;
• incorrect product description;
• incorrect stock availability;
• incorrect bundle or package offer;
• checkout system error; or
• other error that materially affects the Order.

If we cancel an Order after payment has been taken because of an error, we will refund the amount paid for the cancelled Order or cancelled part of the Order.

Nothing in this section limits your rights under the Australian Consumer Law.

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18. Promotions, Discount Codes and Offers

From time to time, Nestful may offer promotions, discounts, bundles, package deals, store credits, referral offers, free delivery offers, clearance offers or other special offers.

Promotions may be subject to additional terms, including:

• start and end dates;
• eligible Products;
• excluded Products;
• minimum spend;
• maximum discount;
• usage limits;
• customer limits;
• location limits;
• payment method conditions;
• stock availability;
• non-combination with other offers; and
• other offer-specific conditions.

Unless stated otherwise, promotions cannot be used together with another promotion, discount code, coupon, bundle, store credit or special offer.

Nestful may refuse, cancel, reverse or adjust a promotion where reasonably necessary, including where:

• the promotion was applied in error;
• the customer did not satisfy the promotion terms;
• the promotion was misused;
• there is suspected fraud or abuse;
• there is a technical or checkout error; or
• the Order was placed in breach of these Terms.

Nothing in this section limits your rights under the Australian Consumer Law.

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19. Orders

By placing an Order, you make an offer to purchase the Products in that Order.

An Order confirmation, receipt or payment confirmation means that we have received your Order. It does not necessarily mean that your Order has been accepted, unless we:

• expressly state that the Order has been accepted;
• dispatch the Product; or
• otherwise confirm acceptance.

Nestful may refuse, cancel, hold or review an Order before dispatch where reasonably necessary, including where:

• the Product is unavailable;
• payment is not authorised;
• the Order contains incorrect information;
• the customer does not meet eligibility requirements;
• the Product is subject to legal or safety restrictions; or
• there has been an error in price, Product description, promotion, stock availability, delivery calculation or checkout calculation.

We may require payment authorisation before accepting or processing an Order.

We may contact you to verify Order details, payment information, delivery information, identity information or other details before accepting or dispatching an Order.

We may limit or refuse Orders in accordance with these Terms.

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20. Minimum and Maximum Orders

Nestful may set:

• minimum order values;
• maximum order values;
• quantity limits;
• Product limits;
• delivery limits;
• customer limits;
• address limits; or
• account limits.

Any applicable limits may be displayed on the Website, on the Product page, in the cart, at checkout, in promotion terms, or otherwise communicated to you.

We may refuse, cancel or limit Orders that:

• exceed reasonable household use;
• appear to be for resale or distribution; or
• otherwise breach these Terms.

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21. Order Refusal, Fraud Prevention and Verification

Nestful may refuse, reject, cancel, hold, review or limit an Order where reasonably necessary to protect Nestful, customers, suppliers, payment providers, carriers, warehouses or other third parties.

This may include where Nestful reasonably suspects:

• fraud, identity misuse or unauthorised payment use;
• false, incomplete or inconsistent Order information;
• automated, bot, scripted or bulk purchasing activity;
• Orders placed for resale, distribution or commercial purposes without Nestful’s approval;
• misuse of promotions, discount codes, referral offers, store credit, returns or warranties;
• unusually high Order quantities;
• payment, billing, delivery, address, account or contact irregularities;
• abuse of Nestful’s refund, return, warranty, payment dispute or chargeback processes;
• breach of these Terms;
• delivery to an address associated with prior fraud, failed delivery, disputed Orders, false claims or excessive claims;
• an error in price, product description, stock availability, promotion or checkout calculation;
• a Product being subject to State, Territory, age, safety, transport, carrier, marketplace, supplier or compliance restrictions; or
• conduct that may cause loss, liability, damage or harm to Nestful or a third party.

Nestful may request reasonable information to verify your:

• identity;
• payment method;
• delivery address;
• Order details;
• age;
• legal capacity;
• authority to receive the Product; or
• claim information.

If Nestful cancels an Order after payment has been taken, Nestful will refund the amount paid for the cancelled Order or cancelled part of the Order, unless Nestful is legally entitled to withhold or recover an amount.

Nothing in this section limits your rights under the Australian Consumer Law.

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22. Payment

Payment must be made using one of the payment methods available at checkout.

Available payment methods may include:

• credit card;
• debit card;
• PayPal;
• Shop Pay;
• Afterpay;
• Apple Pay;
• Google Pay;
• gift card;
• store credit; or
• another payment method offered on the Website from time to time.

Payment may be processed by third-party payment providers.

Your use of a payment provider may be subject to that provider’s own terms, conditions, fees, privacy practices and dispute processes.

Nestful does not permanently store complete credit card or debit card details.

You warrant that you are authorised to use the payment method used for an Order.

If payment is declined, reversed, charged back, cancelled, suspected to be unauthorised, or otherwise fails, Nestful may:

• cancel or hold the Order;
• request another payment method;
• suspend fulfilment; or
• take steps to recover amounts owed.

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23. Delivery Areas

Nestful delivers to locations made available through the Website, checkout, carrier network or shipping provider.

Delivery availability may vary depending on:

• Product type;
• Product size or weight;
• Product restrictions;
• delivery postcode;
• carrier coverage;
• warehouse location;
• supplier availability;
• stock location;
• remote area restrictions;
• regulatory restrictions;
• State or Territory restrictions;
• carrier safety restrictions; or
• other operational factors.

If we cannot deliver to your nominated address, we may:

• contact you to arrange an alternative delivery address;
• cancel the affected part of the Order; or
• cancel the Order and issue a refund for the cancelled part.

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24. Delivery Fees and Delivery Estimates

Delivery fees, if any, will be displayed at or before checkout where reasonably practicable.

Delivery estimates are estimates only and are not guaranteed delivery dates unless expressly stated.

Delivery times may be affected by:

• carrier delays;
• supplier delays;
• warehouse processing times;
• public holidays;
• weather events;
• address issues;
• remote area delivery;
• customs, regulatory or border processes;
• high-volume sales periods;
• events outside our reasonable control; or
• other operational factors.

Nestful will take reasonable steps to supply Products within the delivery estimate or, where no estimate is given, within a reasonable time.

If we become aware that we cannot dispatch or supply a Product within a reasonable time, we may contact you to:

• provide an update;
• offer an alternative;
• arrange a refund; or
• arrange cancellation where appropriate.

Nothing in this section limits your rights under the Australian Consumer Law.

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25. Delivery Instructions and Authority to Leave

You must ensure that someone is available to receive delivery where required, or that the delivery address is safe and suitable for delivery.

Where available, you or the carrier may choose delivery options such as:

• authority to leave;
• redelivery;
• delivery to a collection point;
• delivery to a parcel locker;
• delivery instructions;
• signature on delivery; or
• another carrier-supported option.

If you provide authority to leave, or if the carrier’s delivery process allows safe drop-off, the parcel may be left at the nominated address without signature.

If the carrier considers the address unsafe or unsuitable, the carrier may:

• redirect the parcel to a collection point;
• attempt redelivery;
• request further instructions; or
• take another action allowed by the carrier.

You are responsible for ensuring that delivery instructions are accurate, safe and lawful.

Nestful may investigate delivery issues by reviewing:

• carrier tracking;
• delivery scans;
• GPS records;
• delivery photos;
• proof of delivery;
• driver notes;
• warehouse records; and
• customer evidence.

Nothing in this section limits your rights under the Australian Consumer Law where there has been a failure to supply, incorrect delivery, damaged delivery, or another issue covered by consumer guarantees.

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26. Failed Delivery, Non-Collection and Return to Sender

If delivery fails because of incorrect information supplied by you, unsafe delivery conditions, refusal to accept delivery, failure to collect from a carrier location, failure to respond to carrier instructions, or another issue caused by you, Nestful may take reasonable steps to resolve the issue.

This may include:

• arranging redelivery;
• redirecting the parcel where possible;
• asking you to collect the parcel;
• charging reasonable redelivery, return-to-sender, storage, redirection or administration costs where permitted by law;
• cancelling the Order and refunding the amount paid less reasonable costs actually incurred, where permitted by law; or
• taking another reasonable step.

Nestful will notify you where reasonably practicable before charging additional costs.

Nothing in this section limits your rights under the Australian Consumer Law.

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27. Risk and Title

Title to Products passes to you when Nestful receives full payment for the Products.

Risk in the Products passes to you when the Products are:

• delivered to the delivery address;
• collected by you; or
• delivered in accordance with your delivery instructions.

However, nothing in this section limits your rights under the Australian Consumer Law or any rights you may have where Products are lost, damaged, incorrectly delivered, not supplied, or otherwise fail to meet consumer guarantees.

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28. Order Cancellation by Nestful

Nestful may cancel an Order or part of an Order where reasonably necessary, including where:

• the Product is unavailable;
• we cannot deliver to your address;
• there is an error in price, discount, promotion, Product description, stock availability or checkout calculation;
• payment is declined, reversed, suspected to be unauthorised, or not received;
• we reasonably suspect fraud, abuse, misuse, resale, identity misuse or breach of these Terms;
• you do not provide information reasonably required to verify or process the Order;
• the Order breaches Product limits, quantity limits or promotion terms;
• the Order was placed using a technical error or system vulnerability;
• the Product is subject to age, legal, safety, State, Territory, carrier, supplier, marketplace or compliance restrictions; or
• we are unable to supply the Product due to an event outside our reasonable control.

If Nestful cancels an Order after payment has been taken, Nestful will refund the amount paid for the cancelled Order or cancelled part of the Order, unless Nestful is legally entitled to withhold or recover an amount.

Nothing in this section limits your rights under the Australian Consumer Law.

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29. Customer Cancellation Requests

If you wish to cancel an Order, please contact us as soon as possible at support@nestful.com.au.

We will consider cancellation requests where the Order has not yet been:

• processed;
• picked;
• packed;
• dispatched;
• booked for shipment;
• customised;
• specially ordered; or
• otherwise prepared for fulfilment.

If your Order has already been processed or dispatched, it may not be possible to cancel the Order. In that case, the Order will be handled in accordance with our Warranty & Returns Policy.

Where a cancellation is requested after Nestful has already incurred costs in processing the Order, Nestful may deduct or recover reasonable costs actually incurred, where permitted by law.

These may include:

• payment processing fees;
• picking and packing costs;
• dispatch costs;
• return freight costs;
• redirection costs;
• storage costs;
• administration costs; or
• other direct costs caused by the cancellation request.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

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30. Returns, Refunds, Warranty and Australian Consumer Law

Returns, refunds, replacements, repairs and warranty claims are handled in accordance with our Warranty & Returns Policy.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You may also be entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nestful is not required to provide a refund, exchange or credit if you simply:

• change your mind;
• find the Product cheaper elsewhere;
• decide you do not like the Product;
• order the wrong Product; or
• no longer have a use for it.

Nestful may assess a Product before providing a remedy.

Approval to send a Product back for assessment does not automatically mean that a refund, replacement, repair or warranty claim has been approved.

For all warranty, return, refund and replacement requests, please contact support@nestful.com.au before sending any Product back.

Products must not be returned until Nestful has issued written return instructions.

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31. Marketplace, Retailer and Third-Party Fulfilment Sales

This section explains the difference between Products sold by Nestful, Products sold by third-party retailers or resellers, and Products dispatched by third-party fulfilment providers.

Products Sold by Nestful

These Terms apply to Products purchased directly from www.nestful.com.au or from an official Nestful seller account on a third-party marketplace where Nestful is identified as the seller of the Product.

Where Nestful is identified as the seller of the Product, Nestful will handle warranty, return, refund and replacement claims in accordance with these Terms, our Warranty & Returns Policy and the Australian Consumer Law, even if the Product is dispatched by a third-party warehouse, logistics provider, fulfilment provider, supplier or service centre on Nestful’s behalf.

A third-party warehouse, logistics provider or fulfilment provider is not responsible for assessing or approving consumer warranty, return, refund or replacement claims unless Nestful expressly directs you to deal with that party as part of the approved return or assessment process.

Products Sold by Third-Party Retailers or Resellers

Where a Product is purchased from a third-party retailer, reseller, marketplace seller or other business that is not Nestful, the customer should contact the seller from whom they purchased the Product.

For example, if a third-party retailer purchases Nestful Products as inventory and resells those Products to the public under its own store, website, marketplace account, invoice, checkout or sales process, that third-party retailer is generally responsible for handling consumer guarantee remedies owed by that retailer under the Australian Consumer Law.

The customer’s first point of contact for a return, refund, replacement or remedy should be the third-party retailer that sold the Product to them.

Business-to-Business Claims Between Nestful and Third-Party Sellers

If a third-party retailer, reseller or marketplace seller accepts a return, refund, replacement or remedy request from its customer, any reimbursement, credit, replacement stock, supplier warranty claim, defect claim or other recovery claim between that seller and Nestful will be dealt with separately between the seller and Nestful.

Those business-to-business matters are subject to any applicable wholesale, reseller, distribution, supplier, marketplace, trading terms or other agreement between the seller and Nestful.

A customer is not required to resolve, manage or wait for any separate supplier, manufacturer, distributor, marketplace, retailer or reseller reimbursement issue before exercising any valid rights they may have against the seller under the Australian Consumer Law.

Nothing in this section limits any rights a customer may have under the Australian Consumer Law against Nestful, the seller, a manufacturer, an importer or any other party.

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32. Chargebacks and Payment Disputes

If you raise a payment dispute or chargeback with your bank, card provider, PayPal, Afterpay, Shop Pay or another payment provider, Nestful may provide relevant records and evidence to the payment provider to respond to the dispute.

This may include:

• Order records;
• payment records;
• dispatch records;
• delivery records;
• carrier tracking;
• delivery photos;
• proof of delivery;
• claim correspondence;
• customer service records;
• product evidence;
• return assessment information; and
• account records.

If a refund, replacement, return or warranty claim is already being assessed by Nestful, raising a chargeback may delay assessment or resolution while the payment provider reviews the dispute.

Nothing in this section limits any rights you may have under the Australian Consumer Law or with your payment provider.

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33. False, Misleading, Abusive or Bad-Faith Conduct

Nestful takes false, misleading, abusive, fraudulent and bad-faith conduct seriously.

Where Nestful reasonably believes that a customer has engaged in false, misleading, abusive, fraudulent or bad-faith conduct, Nestful may, to the extent permitted by law:

• refuse, reject, cancel or limit Orders;
• reject a refund, replacement, warranty or return claim;
• refuse discretionary benefits, goodwill refunds, promotional credits or change-of-mind returns;
• recover reasonable costs incurred because of the conduct, where legally recoverable;
• provide relevant evidence to payment providers, carriers, warehouses, insurers, legal advisers, dispute-resolution providers or relevant authorities where reasonably necessary;
• restrict, suspend or close the customer’s account for future purchases; and
• take any other action reasonably necessary to protect Nestful’s legal and commercial interests.

This section does not prevent a customer from exercising any valid rights they may have under the Australian Consumer Law for completed purchases.

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34. Suspension, Restriction and Termination

Nestful may suspend, restrict or terminate your access to the Website, your account, or any part of our services where reasonably necessary, including where we reasonably believe that:

• you have breached these Terms;
• you have provided false, misleading, incomplete or inaccurate information;
• you have engaged in fraudulent, abusive, unlawful or bad-faith conduct;
• you have misused promotions, returns, refunds, warranties, payment systems or chargeback processes;
• your account, payment method or delivery address is associated with fraud, misuse, excessive claims, disputed Orders or security concerns;
• your use of the Website may cause loss, liability, damage or harm to Nestful, customers, suppliers, payment providers, carriers or other third parties;
• we are required to do so by law, a regulator, a court, a payment provider, a carrier, a marketplace, a supplier or another authorised party; or
• we need to protect the security, integrity or operation of the Website.

If your access is suspended, restricted or terminated, you remain responsible for amounts properly owed to Nestful up to the date of suspension, restriction or termination.

Suspension, restriction or termination does not affect any rights or obligations that accrued before that date.

Nothing in this section limits any rights or remedies you may have under the Australian Consumer Law.

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35. Privacy

Your use of the Website, account creation, Orders, payment processing, customer service communications, warranty claims, return requests and other interactions with Nestful may involve the collection, use, storage and disclosure of personal information.

Nestful handles personal information in accordance with its Privacy Policy and applicable law.

By using the Website or placing an Order, you acknowledge that Nestful may collect and use your personal information for purposes including:

• operating the Website;
• creating and managing accounts;
• processing Orders;
• processing payments;
• verifying identity, payment, delivery and Order details;
• verifying age, legal capacity or compliance requirements where reasonably necessary;
• dispatching and delivering Products;
• providing customer support;
• assessing warranty, return, refund and replacement claims;
• responding to payment disputes and chargebacks;
• preventing fraud, misuse and unlawful conduct;
• complying with legal, tax, accounting and regulatory obligations;
• communicating with suppliers, warehouses, fulfilment providers, carriers, payment providers, insurers, advisers and authorities where reasonably necessary; and
• protecting Nestful’s legal and commercial interests.

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36. Marketing Communications

Nestful may send you marketing communications where you have consented to receive them or where otherwise permitted by law.

Marketing communications may include:

• emails;
• SMS messages;
• promotional offers;
• product updates;
• review requests;
• customer feedback requests; and
• tailored advertising.

You may unsubscribe from marketing communications by using the unsubscribe link in the relevant message or by contacting us.

Even if you unsubscribe from marketing communications, Nestful may still send you transactional, administrative, legal, safety, account, Order, payment, warranty, return, delivery or service-related communications.

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37. User Content, Reviews and Feedback

You may be able to submit, upload, post, send or publish reviews, comments, images, videos, feedback, questions, responses, social media tags, testimonials or other content relating to Nestful or Products.

This content is referred to as User Content.

You must not submit User Content that:

• is false, misleading, deceptive or fraudulent;
• is defamatory, offensive, abusive, threatening, obscene, discriminatory or unlawful;
• infringes another person’s rights, including intellectual property, privacy or confidentiality rights;
• contains personal information of another person without consent;
• contains spam, advertising, promotional material or unrelated content;
• contains viruses, malicious code or harmful material;
• misrepresents your identity, experience or connection with Nestful;
• relates to a fake, paid, incentivised or manipulated review where disclosure is required and not made; or
• breaches these Terms or applicable law.

You are responsible for your User Content.

By submitting User Content, you grant Nestful a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to use, reproduce, edit, adapt, publish, translate, distribute, display and otherwise use the User Content for purposes including:

• operating the Website;
• displaying reviews;
• responding to customer feedback;
• customer support;
• product improvement;
• marketing and advertising;
• social media;
• legal and dispute purposes; and
• general business purposes.

Nestful may remove, hide, moderate, edit or refuse User Content where reasonably necessary, including where the content breaches these Terms, appears false or misleading, is offensive or unlawful, relates to an unresolved dispute, contains personal information, or may expose Nestful or another person to risk.

Nothing in this section requires Nestful to publish or retain User Content.

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38. Intellectual Property

The Website and its content are owned by or licensed to Nestful.

This includes:

• text;
• images;
• graphics;
• logos;
• icons;
• trade marks;
• product content;
• videos;
• audio;
• layout;
• design;
• software;
• source code;
• databases;
• product data;
• photographs;
• interfaces; and
• other materials.

You may access and use the Website for personal, non-commercial shopping and information purposes only.

You must not, without Nestful’s prior written consent:

• copy, reproduce, modify, adapt, translate, distribute, publish or create derivative works from Website content;
• use Website content for commercial purposes;
• scrape, harvest, extract or index Website content or product data;
• use Nestful trade marks, logos, business names or branding;
• frame, mirror or republish the Website;
• remove proprietary notices; or
• use Website content in a way that infringes Nestful’s rights or the rights of another person.

All rights not expressly granted are reserved.

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39. Third-Party Platforms, Services and Links

Our Website and online store may be hosted, powered or supported by Shopify Inc. or other third-party ecommerce, payment, analytics, fulfilment, marketing or technology providers.

These providers help us:

• operate the Website;
• process Orders;
• receive payments;
• manage delivery;
• provide customer support; and
• sell Products to you.

Nestful may use third-party platforms and service providers to operate the Website, process payments, manage delivery, provide customer support, run marketing, manage analytics, prevent fraud or provide other services.

These may include:

• ecommerce platforms;
• payment providers;
• shipping providers;
• app providers;
• analytics providers;
• advertising platforms;
• review platforms; and
• fulfilment providers.

Your use of some third-party services may be subject to separate terms and privacy policies issued by those third parties.

The Website may contain links to third-party websites, platforms, products, services, content or resources.

Nestful does not control third-party websites or services and is not responsible for their content, accuracy, availability, security, policies, practices or performance.

Nothing in this section limits your rights under the Australian Consumer Law in relation to Products sold by Nestful.

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40. Website Availability and Security

Nestful aims to keep the Website available and secure, but does not guarantee that the Website will always be available, uninterrupted, error-free, secure or free from viruses or harmful material.

Nestful may suspend, restrict, maintain, update, modify or discontinue all or part of the Website where reasonably necessary, including for maintenance, security, operational, legal or business reasons.

You are responsible for using appropriate security measures when accessing the Website, including secure devices, secure networks and updated software.

Nothing in this section limits your rights under the Australian Consumer Law.

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41. Accuracy, Completeness and Timeliness of Website Information

Website information is provided for general information, shopping and customer support purposes.

To the extent permitted by law, Nestful does not warrant that Website information is always accurate, complete, current or error-free.

We may update, correct, remove or change Website information at any time.

You should not rely on Website information as professional advice.

Nothing in this section limits your rights under the Australian Consumer Law where Product information forms part of a Product description, representation, consumer guarantee or other legally relevant statement.

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42. Liability

Nothing in these Terms excludes, restricts or modifies any rights, guarantees, warranties, remedies or protections that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

Subject to the previous paragraph and to the maximum extent permitted by law, Nestful is not liable for any indirect, special, incidental, punitive or consequential loss, loss of profit, loss of revenue, loss of goodwill, loss of opportunity, loss of data or business interruption arising from or connected with your use of the Website or purchase of Products.

To the extent Nestful is permitted by law to limit its liability, Nestful’s liability is limited, at Nestful’s option, to:

• the replacement of the Products;
• the repair of the Products;
• the payment of the cost of replacing the Products;
• the payment of the cost of repairing the Products; or
• another remedy permitted by law.

This section does not limit liability for fraud, wilful misconduct, gross negligence, or any liability that cannot legally be limited.

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43. Your Responsibility and Indemnity

You are responsible for your own acts, omissions, breach of these Terms, misuse of the Website, misuse of Products, unauthorised account activity caused by your failure to keep login details secure, and breach of applicable law.

To the extent permitted by law, you indemnify Nestful and its directors, officers, employees, contractors and related entities against losses, claims, liabilities, damages, costs and expenses, including reasonable legal costs, arising from:

• your breach of these Terms;
• your breach of law;
• your fraud, wilful misconduct, negligence or misuse;
• your misuse of the Website;
• your misuse of Products;
• your unsafe handling, unlawful possession, unlawful use or unlawful supply of Products;
• your failure to comply with State, Territory or Commonwealth laws relating to the purchase, receipt, possession, use, storage, resale or supply of Products;
• your failure to supervise children or vulnerable persons where required;
• your failure to follow product instructions, warnings, manuals or safety information;
• your User Content;
• your infringement of another person’s rights;
• your unauthorised use of another person’s information, payment method or account; or
• false, misleading, abusive or bad-faith claims or conduct.

Your liability under this indemnity is reduced to the extent the loss was caused or contributed to by Nestful’s breach of law, negligence or failure to comply with these Terms.

Nothing in this section limits your rights under the Australian Consumer Law.

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44. Events Outside Our Reasonable Control

Nestful is not responsible for delay, failure or inability to perform an obligation where caused by events outside our reasonable control.

These events may include:

• natural disasters;
• fire, flood, storm, earthquake or extreme weather;
• pandemic, epidemic or public health event;
• war, terrorism, civil unrest or government action;
• strikes, industrial action or labour shortages;
• supplier, warehouse or carrier disruption;
• import, customs, border or regulatory delay;
• power, internet, telecommunications or system outage;
• cyberattack or security incident;
• payment provider disruption;
• transport disruption;
• stock shortage outside our reasonable control; or
• any other event outside our reasonable control.

If an event outside our reasonable control affects an Order, Nestful may contact you to:

• provide an update;
• offer an alternative;
• cancel the affected part of the Order; or
• provide a refund where appropriate.

Nothing in this section limits your rights under the Australian Consumer Law.

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45. Changes to These Terms

Nestful may update these Terms from time to time.

The updated Terms will apply from the date they are published on the Website, unless stated otherwise.

The Terms that apply to your Order are the Terms in effect at the time your Order is placed, except where a change is required by law or is more favourable to you.

We recommend that you review these Terms before placing an Order.

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46. Severability

If any part of these Terms is found to be invalid, unlawful, unfair, void or unenforceable, that part will be read down or severed to the extent necessary.

The remaining parts of these Terms will continue to apply.

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47. No Waiver

If Nestful does not exercise or enforce a right under these Terms, that does not mean Nestful has waived that right.

A waiver must be in writing to be effective.

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48. Entire Agreement

These Terms, together with our Warranty & Returns Policy, Privacy Policy, Shipping Policy, product-specific terms, promotion terms, safety information, product manuals, warnings, labels and checkout terms, form the agreement between you and Nestful for your use of the Website and purchase of Products.

To the extent of any inconsistency:

• mandatory law prevails first;
• consumer guarantees and non-excludable rights prevail next;
• product-specific safety instructions, manuals, warnings and labels apply to the relevant Product;
• product-specific or promotion-specific terms apply to the relevant Product or promotion;
• our Warranty & Returns Policy applies to warranty, return, refund, repair and replacement matters;
• our Shipping Policy applies to shipping and delivery matters; and
• these Terms apply generally.

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49. Governing Law

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

You and Nestful submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

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50. Further Information About Consumer Rights

For general information about consumer rights in Australia, you may refer to the following ACCC resources:

• Consumer rights and guarantees
• Contracts and unfair contract terms
• Online selling obligations
• Repair, replacement and refund rights
• Supplying products or services that are paid for

These links are provided for general information only.

These Terms do not limit any rights or remedies available to you under the Australian Consumer Law.

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51. Contact

For questions about these Terms, Orders, Products, delivery, accounts, payments, returns, refunds or warranty claims, contact:

Nestful Customer Care
Email: support@nestful.com.au
Business address: 55 Kirby St, Rydalmere, NSW, 2116

For warranty, return, refund and replacement requests, do not send Products to any address until Nestful has issued written return instructions.