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TERMS + CONDITIONS OF USE

  1. GENERAL
    Access to and use of thisstaysprivate.com (‘we’, ‘us’ or ‘the Website’) and the products available through this Website are subject to the following Terms and Conditions of Nucifera Products Pty Ltd (ACN 609 361 471) (‘the Terms’) and any other notices that may be posted on this Website from time to time.Please read these Terms of Use carefully as they apply to your use of the Website.By using this Website, you agree to be bound with the Terms and Conditions. Please read the Terms carefully before placing any orders.
  2. PRIVACY POLICY
    Our Privacy Policy sets out how we will collect, use and store any of your information which you may provide to us. By using this Website, you consent to the processing described therein and warrant that all relevant information provided by you is correct, current and complete. Your privacy is important to us. We use the information you provide about yourself when placing an order ONLY to complete that order. We do no share this information with outside parties except to the extent necessary to complete that order.  You can register with our website if you would like to receive newsletters and updates. Information you submit on our website will not be used for this purpose unless you fill out the registration form. If you don’t agree with any part of these Terms of Use, do not use the Website.
  1. YOUR ELIGIBILITY TO PURCHASE
    To place an order on this Website you must possess a valid credit or debit card from a bank which is acceptable to us. In the event that you do not possess a valid credit or debit card, you must ensure that you obtain the cardholder’s consent before placing an order.When placing an order you will be required to provide various personal details such as your name, phone number, e-mail address, your physical shipping address, your day and month of birth and other such information that we may request from you from time to time. You hereby warrant that all information provided by you is correct, current and complete.We take all reasonable steps to keep secure any information which we hold about you. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Nucifera Products Pty Ltd does not store any of your credit card information.
  2. PROHIBITED USE OF THIS WEBSITE
    You must not misuse this website by way of committing or encouraging a criminal offence, transmitting a virus, spam or worm or by posting any material which is harmful, offensive or has the potential of causing an annoyance to other users.
  3. LIMITATION OF LIABILITY
    Nucifera Products Pty Ltd does not guarantee the accuracy of any content published on the Website and we exclude liability for loss or damage of any kind relating in any way to your use of that content and/or use of the Website.Where liability cannot be excluded, by law we limit our liability to the resupply of the relevant information or services.
  4. INDEMNITY
    You agree to indemnify and keep Nucifera Products Pty Ltd indemnified against any claim, demand, expense, cost, loss or liability (whether direct or indirect) made against or incurred by Nucifera Products Pty Ltd in connection with your use of the Website, your breach of the Terms and Conditions of Use or your breach of any rights of third parties.
  5. PRODUCT ORDERS
    At all times Nucifera Products Pty Ltd aims to describe the products on the Website as accurately as possible. On some occasions there may be inaccuracies or errors on the Website which we will correct when necessary and at our own discretion.All orders are subject to product availability. Items which you place in your shopping basket prior to checkout are by no means reserved and may be purchased by other customers if you do not complete your purchase within the allocated time.The products and services for sale on the Website may be offered as part of a promotion, which is available for a restricted time and in limited quantity.The offer of products on the Website is not a binding offer but an invitation to purchase the products. Once your order has been placed and your payment has been successfully processed you will receive an email acknowledging the details of your order and confirmation that your order has been processed and will be dispatched.We reserve the right not to accept your order in situations where:
    – we are unable to obtain authorization for payment;
    – shipping restrictions apply to a particular product;
    – the product ordered is out of stock or does not satisfy the requisite standards of quality control;
    – you do not satisfy the eligibility criteria as set out in section 3 of these Terms; or
    – you breach any part of these Terms.We may also refuse to process your order at our sole discretion.We will not be liable to you or to a third party for any product which has been removed from this Website or sold, any refusal by us to process a transaction or suspending a transaction once the processing of the transaction has commenced.We recommend that you keep a copy of your order acknowledgment and confirmation and tax invoice.
  6. PRICING POLICY
    The prices visible on the Website are subject to change from time to time. Please check the latest price on the Website, or contact one of our staff.Prices are shown in AUD. Delivery costs will be charged in addition. The delivery costs may be indicated on the products page of the Website, or given by quote in response to the order request and are determined by the volume, size, weight and type of the products and delivery method you choose. Any such additional charges will be clearly displayed where applicable and will be included in the subtotal upon checkout.In the event that we discover that an error in the price or payment of any products which you have ordered, the AUD price of the product displayed on the Website at the time your order is accepted will be honoured.If you are a customer whose credit card or debit card is not denominated in AUD, the final purchase price will be calculated in accordance with the exchange rate on the day your order is processed by your card issuer.
  7.  PAYMENT
    When ordering products via the Website, you will be required to provide payment details. By entering your payment information you confirm that you are the authorised account holder, that the payment details given for the order are valid and that you are the person referred to in the billing information required for the order.We accept payments made by Visa, MasterCard, American Express, PayPal and any other methods which may be advertised on this Website from time to time.Should your card issuer refuse to authorise payment to us, we will not be liable for any delay or non-delivery or products.We take reasonable care to ensure that this Website is secure and will ensure that your credit and debit card details are protected on our systems, however, we will not be held responsible for any damage or loss (whether indirect or direct) suffered by you if your credit card is fraudulently used or used in an unauthorised manner by a third party.Once the products have been delivered to the premises, notified by you to us in your order, the contract between you and us is complete. The sale contract is entered into in New South Wales, Australia. You will receive a tax invoice once the products are ordered and/or delivered.
  8.  SHIPPING INFORMATION PROCESSING TIMES
    Provided the ordered products are in stock, orders are processed Monday to Friday and are dispatched within 7 to 10 business days after your order is placed excluding weekends and public holidays.
  9.  INTERNATIONAL SHIPPING
    Shipping costs may be indicated on the products page of the Website, or given by quote in response to the order request and are determined by the volume, size, weight and type of the products and delivery method you choose. International shipping services have a 7-15 business day delivery time once the order has been shipped. Shipping times vary per destination and customs fees and any taxes associated with your orders are solely your responsibility.
  10.  AUSTRALIAN SHIPPING
    Shipping costs may be indicated on the products page of the Website, or given by quote in response to the order request and are determined by the volume, size, weight and type of the products and delivery method you choose. We work to deliver products within 7 business days unless otherwise noted. Nucifera Products Pty Ltd will use its best endeavours to ensure that products are delivered within the estimated 7 to 10 business day timeframe.
  11.  SHIPPING TERMS
    The above delivery times are to only be used as a guide and we will not be held liable for any delays which may be caused by customs. If upon delivery of your order you are not available to collect your package, the parcel will be held at your local post office for your collection.
  12.  LOSS OF PRODUCTS
    We will not be responsible for lost or stolen packages or packages which may be delayed or lost in transit.
  13.  RETURNS AND REFUNDS
    Nucifera Products Pty Ltd endeavours to ensure that all products are delivered undamaged and in excellent condition. Nucifera Products Pty Ltd will accept the return of products and issue refunds or exchanges, subject to payment of the original delivery fee and the following:

    1. if the product is unused, in original packaging and in saleable condition you may contact us within 30 days of delivery to arrange for it to be collected; and
    2. you have a valid and intact receipt. The original credit card must be present to gain a refund or exchange.

    You must adequately package any product that you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must be returned. Once a product has been received and approved for return, the balance of the product will be refunded to the account in which you made payment of the product within 21 business days of the item being received by us. All products should be returned to the following address:3 Walker Street, South Windsor, NSW 2756The goods are at your risk after delivery. For commercial customers liability for damage to any property occurring during delivery will not be accepted.Please note that all products are your responsibility until they are returned to us. We will not issue an exchange or refund for products which are not received or are lost in transit.

  14.  NON-REFUND OF SHIPPING FEES
    All shipping fees are non-refundable and are solely your responsibility. This includes the original shipping cost for your order as well as the return-shipping cost, and in the case of an exchange, the cost of shipping the new item to you.
  15.  INTELLECTUAL PROPERTY AND CONTENT
    We own all intellectual property rights in relation to all software and content made available to you on or through this Website.Content includes any copyright, designs, trademarks, graphics and photographs (including all image rights). All content available on or through this Website is protected by copyright laws and international treaties.Nucifera Products Pty Ltd does not grant you any intellectual property rights in connection with this Website. You are not permitted to publish, manipulate, duplicate, copy, sell or otherwise reproduce any of the above mentioned content which appears on this Website. Any such action may result in statutory sanctions.You may however store, print and display images of products sold on this Website for your own personal use or on your personal social media platforms such as Facebook, Twitter or Instagram.We are happy for you to use the Website as a link. However, we reserve the right to deny any person permission to link to the Website.If you do wish to reproduce any of our content, you must first make a formal request for our permission. If permission is given you must make an appropriate reference to Nucifera Products Pty Ltd concerning its ownership of the content and your licence to use it.We will use our best endeavours to ensure that all information contained in this Website is correct.
  16. ACTIVITY AND PROHIBITIONS
    You warrant that you will not misuse this Website. Your access to this Website will be denied on a permanent basis if we consider you to have engaged in a prohibited activity or have in any way breached these Terms. For the avoidance of any doubt, prohibited activity includes, but is not limited to, the following:
    – committing or encouraging a criminal offence;
    – distributing a technologically harmful virus, trojan or worm;
    – hacking into any aspect of this Website;
    – not being respectful towards other users of this Website; or
    – sending unsolicited advertising or promotional material or “spam”. We will not be liable for any viruses, trojans, worms or other technologically harmful material which may infect your computer, equipment, data or software due to your use of this Website. It is our strong recommendation that you ensure that your computer has up to date virus checking software.
  17.  THIRD PARTY
    Hyperlinks to other Websites may appear on this Website. As such, we will not be responsible for any content displayed on external pages and we shall not be liable for any loss or damage arising out of your use of an external page which is hyperlinked to this Website. Nucifera Products Pty Ltd does not guarantee or approve of any representations or material in those external Websites, nor does Nucifera Products Pty Ltd represent that the material on linked Websites is free of any computer virus, infringements or defects. You rely on such information or Websites entirely at your own risk.
  18.  OUR CONTRACT
    A contract between us for the purchase of our products will not be formed until your payment has been received by us. You acknowledge and agree that nothing in these Terms shall create or be deemed to create a partnership, agency, joint venture or employment relationship between you and us as a result of your use of this Website.
  19. CANCELLATION
    Nucifera Products Pty Ltd reserves the right to cancel any order at which time, we will immediately notify this action by e-mail or phone, using the e-mail address or numbers provided. We will refund all payments using the original method received but we do not hold credit card information on our systems. All orders are subject to availability of stock.
  20. NO WAIVER
    No failure or delay by us or you in exercising any right under these Terms shall constitute a waiver of any such right nor will it extend to affect any other or subsequent rights or remedies in respect of it, or in any way modify or diminish our or your rights under these Terms.
  21.  COOKIES
    We may use cookies to gather information in connection with this Website and you consent to us doing so.
  22. GOVERNING LAW
    This Website and its use are governed by the laws of New South Wales, Australia.
  23. CHANGES TO THESE TERMS
    We reserve the right to amend these Terms at any time without informing you. You should ensure that you regularly check this site for any updated Terms however, your continued use of this site will be deemed acceptance of any new Terms.
  24. CONTACT
    If you need to contact us for any reason, please do so using the contact details below:
    hello@thisstaysprivate.com
Copyright ©2017 Private / Website by Smack Bang Designs
Nucifera Products Pty Ltd / ABN 70 609 361 471