Conditions Terms of MAPA GmbH for nuk-shop.com.au
1. The following Terms & Conditions describe the business relationship between NUK Australia and the customer, you, upon purchasing products from www.nuk.com.au (referred to hereon in as ‘the Site’). Please read and familiarise yourself with the clauses and print a copy for future reference. By ordering any products from the Site you agree to be bound by the Terms & Conditions.
2. The sale of NUK products on the Site are only for personal use only. Not for resale.
3.1. We deliver our products using Fastway. Shipping costs are a flat rate of $10.95 and will be added to the order total before checkout. Orders over $50.00 will receive free delivery within Australia. Orders are normally dispatched within 2 business days. Shipping times are estimated at between 3 and 10 business days, depending on your location.
3.2 All reasonable efforts to deliver your order will be made by NUK Australia, however customers are responsible to have someone at the delivery address to receive delivery. NUK Australia shall not be responsible for delivery being received by unauthorised persons. If the delivery of the goods after two attempts fails, we can withdraw from the contract. If necessary, payments will be refunded to the customer immediately. A calling card will be left by Fastway so you can follow up with a delivery time or pick up point.
4.1. The prices indicated on the Site at the time of the order reflect the price on the invoice excluding postage and any transaction fees. Additional fees will be communicated to you before the order is confirmed. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia.
5.1 Payment may be made by credit card (MasterCard and Visa) and Paypal.
5.2. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. We shall not be bound to supply Product before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Please note that we only accept payment by credit and debit cards where those cards are issued by an Australian or New Zealand-based financial institution.
5.3. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
6. View our Returns Policy here.
7. Order Acknowledgement & Confirmation
7.1. The Order Acknowledgment is sent immediately after placing the order by an automated e -mail but does not constitute acceptance of the contract. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
7.2 A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
7.3 Should our Order Confirmation contain writing or a printing error or if our pricing on technical transmission errors are underlined, we are entitled to challenge, where we have to prove our mistake. Payments already made will be refunded immediately.
7.4 If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
7.5 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
8.1 Should not all ordered products be in stock, we are entitled to partial deliveries at our expense, as far as is reasonable for the customer.
8.2 If the ordered product is not available, because we are not supplied with this product by our suppliers without our own fault, we can withdraw from the contract. In this case, the customer will be informed by us and, if necessary, propose that the delivery of a comparable product. If no comparable product is available or if the customer does not wish to supply a comparable product, we will inform the customer if necessary monies paid immediately refund.
9.1 In the event of a cancellation the mutually received benefits are to be returned and any additional benefits (eg. Free gifts) surrendered. If the customer can only return the received Products in a deteriorated condition, he must make to compensate NUK Australia accordingly. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of the cancellation or the goods, for us with their receipt.
9.2 If the customer exercises his legal right of cancellation, he has to bear the regular cost of returning the goods delivered.
9.3 The right does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs or for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the customer.
9.4 Goods should be sent if possible in its original packaging with all accessories and with all packaging components to us. In the occasion where this is not possible, returned goods must be sent in reasonable packaging to protect against any damage that may occur during transport and to avoid any claims of damage due to faulty packaging.
10. Transport damage Delivered
10.1 If goods are received with obvious damages, contact Customer Service in 1800 804 918 so we can correct the issue and offer a replacement where applicable. Any damage to property during transport or on delivery to the nominated address of the customer will not be the responsibility of NUK Australia.
10.2 The failure of a complaint or contact has no consequences for the statutory warranty rights of the customer. But it helps us to make our own claims against the carrier or the transport insurance.
11.1 The warranty is subject to legal regulations. For all warranty claims occurring during the statutory warranty period, the customer is entitled to a repair of replacement product.
12.1 We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. For slightly negligent damages caused by delay, our liability to the typically foreseeable damages, but limited to a maximum 5% of the agreed total price in the contract concerned.
13. Final Provisions
13.1 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. NUK Australia reserves the right to amend the Terms & Conditions.