Terms & Conditions
TERMS AND CONDITIONS OF USE AND SALE
1. This website is owned and operated by The Nuance Group (Australia) Pty Ltd A.B.N 54 068 215 341 (“The Nuance Group”).
2. Use and access of this website is subject to the terms and conditions contained below and elsewhere on the web site including our Privacy Policy (known collectively as “Terms and Conditions”). By accessing, browsing, shopping or using any other the services on this website, you agree to these Terms and Conditions.
Products and Orders
3. All products advertised on this website are subject to availability.
4. Orders on this website can only be placed by a person who is departing Australia or arriving in Australia on an international flight, whether as a passenger or a member of the cabin crew of the aircraft.
5. Any order placed by you on this website is an offer by you to purchase a particular product for the price specified on this website at the time you place your order. You acknowledge that, by placing an order, you are agreeing to pay for the product(s) ordered and to collect the product(s) from your nominated collection point.
6. To place an order on this website you will need to input your contact details and your flight and travel details. You will also need to nominate a collection date and collection location at the relevant airport for the product(s) ordered. If you do not supply any of the mandatory details requested we will not be able to process your order.
7. Orders must be made at least 48 hours prior to departure or arrival in Australia, as the case may be.
Prices and Payment
8. Any prices displayed on this website may be changed at any time without notice.
9. The price payable for any product(s) is the price specified on this website at the time of placing the order.
10. Payment for product(s) must be made by a valid credit card using the ordering facility on the website. We accept Visa, Mastercard, American Express, Bankcard, Diner’s Club, and JCB credit cards only. No other form of payment will be accepted.
11. All products must be paid for in full on the website before your order can be processed.
Collection
12. Product(s) must be collected at the nominated collection point at the relevant airport specified on your order:
(a) If you have nominated collection on departure from Australia you must collect your goods at the collection point prior to boarding your flight. The collection point is located in our store after you have cleared customs. Due to customs regulations, orders not collected prior to departing Australia cannot be collected upon your return, and a full refund of your product(s) will be provided instead.
(b) If you have nominated collection on arrival to Australia you must collect your goods in our store at the collection point prior to clearing customs. Due to customs regulations, orders not collected prior to passing through customs cannot be supplied to you, and full refund of your product(s) will be provided instead.
13. To collect your order you must present:
(i) a printed copy of your purchase receipt and
(ii) the relevant travel documents correlating with the flight details nominated on your order form.
14. You agree to inspect the product(s) immediately on collection. You must notify our staff immediately of any shortfall or incorrect orders. If you do not notify our staff of any shortfall or incorrect order thenyou may not subsequently make a claim to The Nuance Group in respect of such shortfall or other error. You do have rights to a remedy under statute if the goods do not correspond with the description, sample or demonstration model provided.
Title and Risk
15. Title to any product/s purchased on this website does not pass from The Nuance Group to you until we have received payment in full for the product(s) ordered and the product(s) have been collected by you at the nominated collection point.
16. The Nuance Group accepts the risk of loss of, or damage to, product(s) only up to the point of where the product is collected.
Product use
17. All products advertised on this website are intended to be used only for personal, household or domestic use and are not intended for commercial use.
18. The Nuance Group will not be held liable for any loss or damage if you cause the product to become of unacceptable quality (including if the product is modified or tampered with in any way by you) or you fail to take reasonable steps to prevent the product from becoming of unacceptable quality or the product is damaged through abnormal use.
Restrictions
19. No commercial quantity orders will be accepted.
20. There are different rules and regulations imposed by customs, applicable to travellers departing Australia and to travellers entering Australia.
21. Departure Collection: All products categories advertised on this website are available for purchase for departure from Australia, provided that you are within the allowance of your next destination. It is your responsibility to familiarise yourself in respect of the allowances permitted for each country that you will be entering and clearing customs. We provide some guidance on this website in relation to the allowances applicable for the more travelled destinations.
22. Arrival Collection: All product categories advertised on this website are eligible for sale for arrival and collection in Australia. In addition, Australian Customs places maximum limits on the quantity of duty and tax free goods which can be brought into Australia. Accordingly, our website places restrictions on the types of products and the maximum quantities which can be ordered for collection in Australia – these restrictions are in line with Australian Customs regulations.
23. Age restrictions apply to the purchase of particular products in accordance with Australian Customs regulations and applicable Australian law. IE If you are under 18 years, you will not be able to purchase alcohol or tobacco products from this website.
Delays or Change in Travel Details
24. The Nuance Group is not responsible for any delay in delivery of any product(s) to the collection points caused by, or in any way connected with, any cause beyond the reasonable control of The Nuance Group (including but not limited to non-delivery or shortage of supplies, strikes and industrial disputes, disturbances or terrorism). Any such delay which results in your order not being available at the collection point at your nominated time of arrival/departure will be refunded in full.
25. It is your responsibility to contact The Nuance Group if there is a change in your date and time of departure or arrival, or a change in your airline. Please contact us on 1800 733 000.
Rejection and Cancellation of Orders by The Nuance Group
26. The Nuance Group may, in its absolute discretion, reject or cancel any order made by you at any time (even if previously accepted by The Nuance Group) for any reason, including but not limited to the following:
(a) any credit card payment made by you is subsequently cancelled or dishonoured; or
(b) where you request a commercial quantity of any product; or
(c) where you do not satisfy the concession or age requirements and restrictions imposed by Australian Customs; or
(d) where The Nuance Group has inadvertently displayed any errors on the website including incorrect prices, descriptions or illustrations or typographical errors and these errors are relevant to your order; or (e) where the website has indicated that products are available when they are not; subject to clause 27 and any applicable laws.
27. If we cancel or reject an order in the circumstances described in clauses 26(d) or 26(e), then the purchase price will be refunded to you in full if your credit card has already been charged. In such case, The Nuance Group will issue the refund of the purchase price to the credit card account used for payment. If there is a display error on the website, The Nuance Group will endeavour to correct and re-display the particular product(s) on the website as soon as possible.
Cancellation of Orders by You
28. Any cancellation of orders must be directed to our Customer Service by calling 1800 733 000.
Returns
29. We hope you are happy with the product(s) you order, however if the product/s are faulty or damaged due to a genuine manufacturing fault or defect, please phone our Customer Service number on 1800 733 000 to organise for the product(s) to be returned, then return the product(s) along with your proof of purchase and a written reason for the return of the product(s) in accordance with the instructions provided to you. Subject to conditions 30 – 31 below and the requirements set out in the Australian Consumer Law, we will
(a) if the failure is a major failure at your option either arrange for a replacement with an identical or comparable
product(s), or issue a refund of the purchase price of the faulty/damaged product/s; OR
(b) if the failure is not a major failure, at The Nuance Group’s option, repair or replace the product(s). Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
30. Returns will not be accepted by The Nuance Group if the fault or damage to the product which has made it of unacceptable quality has been caused by an accident, or by neglect or by abnormal use, by either you or a third party or if you fail to take reasonable steps to prevent the product from becoming of unacceptable quality.
31. Any faulty or damaged returned product(s) must be complete and include any accessories provided to you with the product.
32. Please note that you will be required to provide a copy of proof of purchase to be able to return any faulty/damaged product(s).
33. The Nuance Group is not required to process a refund or replacement until we receive the product(s) in question from you, in accordance with your obligations under these Terms and Conditions.
34. If you have collected your product(s) but have simply changed your mind and no longer want the product(s), you will not be able to return your product for refund or exchange it for another.
No Liability
35. To the fullest extent permitted by law and subject to your rights as set out in clause 29, The Nuance Group, its related bodies corporate, directors, employees, agents and representatives, exclude all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the website, including, but not at all limited to such loss, damage or injury arising out of the following:
(a) using this website;
(b) copying or displaying the contents on this website;
(c) purchasing and/or using any products supplied by The Nuance Group on this website under these Terms and Conditions;
(d) any errors or omissions from any information on this site including typographical or photographical errors;
(e) any technical malfunction, error, virus, delay or interference on this website;
(f) a failure or omission on the part of The Nuance Group to comply with its obligations under these Terms and Conditions.
36. To the fullest extent permitted by law and subject to your rights as set out in clause 29, The Nuance Group and its agents:
(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof. In addition, The Nuance Group and its agents make no representation as to the accuracy, ownership of any information or content that is otherwise accessible from this website via hyper-links to other websites maintained by other companies and organizations; and
(b) expressly disclaim all representations and warranties, express or implied, with respect to the products and merchandise advertised or otherwise featured on this website.
37. The Nuance Group shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized with this website, or for any technical or human error which may occur in the course of the operation or administration thereof. The Nuance Group assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction or unauthorized access to, or alteration of, any information provided by a website user.
38. The Competition and Consumer Act 2010 implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms (Prescribed Consumer Guarantees). If The Nuance Group or its related bodies corporate, directors, employees, agents and representatives, breach any Prescribed Consumer Guarantees then, their liability for the breach islimited to the remedies set out in the Competition and Consumer Act for that breach.
Disclaimers
39. Subject to any limitation under law, The Nuance Group expressly disclaims responsibility for any products that are: (a) altered, reprocessed, tampered with, or repaired in any way to cause the product to become of unacceptable quality other than by or through The Nuance Group;
(b) fitted or used in breach of the conditions of use or technical specifications, as may be included with the product and/or published from time to time.
Indemnity
40. To the fullest extent permitted by law and subject to your rights as set out in clause 29, you indemnify The Nuance Group, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this website and/or purchasing and using any products advertised herein.
Intellectual Property
41. Unless otherwise indicated, copyright in the information and materials contained in this website, together with any trade mark, logo and/or other intellectual property featured herein, is owned by The Nuance Group, or otherwise reproduced by it with permission from the relevant owner/licensee, as the case may be. This website, or any portion thereof, may not be reproduced (other than solely for personal use), adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without the written consent of The Nuance Group.
Competitions and Promotional Offers
42. From time to time, the website will offer you the opportunity to participate in competitions and promotional offer. There are likely to be separate terms and conditions for these competitions and promotional offers. By participating in any competitions or promotional offers on this website you agree to be bound by the relevant terms and conditions. In many cases, the competition may only be available to people residing in Australia and you should check the relevant competition terms and conditions for all eligibility requirements.
General
43. These Terms and Conditions are governed by, and will be construed in accordance with, the laws in force in New South Wales, Australia and the users submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
44. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of law, that provision will be severed and the other provisions shall remain in full force and effect.
45. The Nuance Group may alter the Terms and Conditions from time to time without notice and it is your responsibility to monitor amended Terms and Conditions. All changes are effective from the date of posting the revised Terms and Conditions on this website. Any updated version of the Terms and Conditions will immediately supersede any prior version.
46. You agree that you will not use this website for any purpose that is unlawful, or prohibited under these Terms and Conditions. You agree that you will not use this website to spam, transmit or upload any material that contains viruses or other harmful programs or that breach any laws including intellectual property rights, defamation, or privacy rights. You also agree not to interfere with or disrupt this website or attempt to gain unauthorised access.
47. In order to use this website, it is your responsibility to procure access to the Internet and to pay any costs associated with that access.
Termination
48. The Nuance Group reserves the right to modify, suspend services on this website, and to terminate your ability to purchase products from this website at any time without notice. In this event, the liability and indemnity provisions provided in these Terms and Conditions will survive such termination, and all rights of The Nuance Group granted herein are otherwise reserved.
Links
49. The Nuance Group may provide links or references to other websites originating from other companies, individuals or organisations, but The Nuance Group has no responsibility for the content or operation of any such websites and shall not be liable in any way for any damages or injury arising out of or resulting from access to or use of such websites. It is your responsibility to check on any guidelines and conditions applicable to such third party websites. Any links provided are for your convenience only and are not an endorsement of the companies, organisation or products referred to on the website to which this website links.
Privacy
50. Please also view our Privacy Policy which governs your visit to this website, to understand our privacy practices, including how we use and manage any personal information you provide to us.