SITE TERMS

This website is operated by Heart Nests, a registered trademark brand.

These website terms of use (Terms) apply to your use of, and access to, the Site.

Information and Availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Intellectual Property Rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business. 

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business. 

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business. 

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

(a) Copy or use, in whole or in part, any of Our Intellectual Property

(b) Reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or

Breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restrict your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

(c) You do not assert that you are the owner of the Content of Our Intellectual property; unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 

(d) You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

you comply with all of these Terms.

Conduct we don't accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

(a) anything that would constitute a breach of an individual's privacy;

(b) using the Site to defame, harass, threaten, menace or offend any person;

using the Site for unlawful purposes;

(c) interfering with any user of the Site;

tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site

tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

(d) using the Site to send unsolicited electronic messages;

using data mining, robots, screen scraping or similar data gathering or extraction tools on the Site; or

(e) facilitating or assisting a third party to do any of the above acts.

Third party sites

The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms

These Terms are governed by the laws of Queensland.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

PRODUCTS AND SERVICES

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor or devices' display of any colour will be accurate.

Display stock is presented as a guide only.

SHIPPING AND DELIVERY

Stock availability and delivery lead times are estimates only and cannot be guaranteed.

Delivery will take place at the address specified by you when placing your order.

If the delivery driver is unable to obtain access at the allocated time on the agreed day, you will be charged by the contract carrier for any subsequent delivery.

Any damage at time of delivery must be reported to us at support@heartnests.com within 48 hours of delivery.

In the event of any unforeseen circumstances on delivery date and time (including but not limited to vehicle breakdown, traffic accident or severe weather) customer service will contact you immediately to make alternative arrangements. 

ORDER COLLECTION

Customers are welcome to collect their purchases directly from our warehouse on an appointment basis. Our warehouse location can be found here

This is subject to stock availability.

Please ensure you bring your photo identification, proof of purchase and adequate transport for your goods. We reserve the right to hold goods until such time as adequate photographic identification can be provided.

PROMOTIONS AND COMPETITIONS
Promotional Offers

Heart Nests reserves the right to withdraw, cancel, amend, extend or conclude any promotional offer at any time.

Unless specified, promotional offers cannot be used in conjunction with any other offer.

'Hot Buy' items are not offered or eligible as any part of any other promotion including (but not limited to) price reductions or percentage savings on second item offers.

Advertised discounts apply to the most recent previous individual ticketed price at the time of printing. As we negotiate with customers, products are likely to have been sold below the ticketed price prior to the discount offer. This discount cannot be used in conjunction with any other offer.

Unless specified, discount codes and promotions can only be used on full-price items.

Discount Codes

Any discount codes are provided for single use only and can only be used online, once per customer.

Discount codes can not be redeemed after the expiry date.

PERSONAL INFORMATION

To view details how we collect your personal information, please view our Privacy Policy.

For any questions and notices, please contact us at:

Email: support@heartnests.com

Last update: 17 March 2023