Terms of service
1. About these terms
These terms of service, which are our terms of sale ("these terms"), govern your purchase of goods from Firefly Cove Pty Ltd (ABN 14 611 955 223) trading as Nordic Spa ("we", "us", "our"), and your access to and use of our website. When we say "you", we mean you, the person buying goods from us or using our website.
These terms apply to purchases for personal, domestic or household use, and you confirm you are at least 18 years old and are buying for those purposes. If you are buying as a business, for resale or for other commercial use, these consumer terms do not apply to you, and you must contact us to order on our separate trade terms.
By placing an order or using our website, you agree to these terms. If you do not agree, you should not order from us or use the website.
These terms incorporate our Shipping policy, Return and refund policy, Warranty and Privacy policy. Where these terms and one of those documents conflict, these terms prevail, except that the Privacy policy controls for the collection and handling of your personal information.
2. Your rights under the Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes, restricts or modifies those guarantees. Where anything in these terms is less favourable than your rights under the Australian Consumer Law, your statutory rights apply.
3. Ordering and when a contract is formed
Prices and products shown on our website are an invitation to treat, not an offer. When you place an order you make an offer to buy on these terms, and we are not obliged to accept it.
A contract is formed only when we accept your order, which we do when we confirm it or dispatch the goods, whichever happens first. For made to order products, we accept your order when we confirm it with our supplier and notify you.
The price of your order is fixed when you place it. Payment, deposits and the pay in full option are set out in clause 4 of our Return and refund policy.
We may decline or cancel an order, including where the goods are unavailable, the price or description was wrong, or we suspect fraud. Where we cancel, we refund any payment for goods you have not received, as set out in clause 13 of our Return and refund policy.
4. Eligibility and your account
You confirm that you are at least 18 years old and have the authority to use the payment method you provide. You agree to give accurate and complete information and to keep it up to date.
If you create an account, you are responsible for keeping your login details secure and for activity under your account. Tell us promptly if you believe your account has been used without your authority.
5. Price, payment and taxes
Prices are in Australian dollars. Whether a price includes GST is shown at checkout or on your invoice.
We accept the payment methods shown at checkout or on your invoice. Where you pay through a third party payment gateway or a buy now pay later provider, you are also bound by that provider's terms, and we are not responsible for the acts or omissions of that provider.
Deposits, the pay in full discount, balance payments and refunds are set out in our Return and refund policy.
Title to the goods passes to you only when we have received payment in full, as set out in clause 9 of our Shipping policy. Risk is dealt with in clause 6.
6. Delivery, returns and warranty
How your order is delivered, collected and inspected is set out in our Shipping policy. Cancellations, change of mind returns, refunds and faulty goods are set out in our Return and refund policy. The warranty on our buildings is set out on our Warranty page. Nothing in those documents or these terms limits your rights under the Australian Consumer Law.
Where we arrange the freight, we carry the risk of loss of or damage to your order until you receive it. Where you engage your own carrier, risk passes to you when that carrier collects the goods. If a delivery cannot be completed, or goods you have chosen to collect are not collected, any re-delivery or storage cost is yours. These arrangements are set out in clauses 5, 8 and 9 of our Shipping policy.
7. Assembly and installation
Many of our products require assembly or installation. You are responsible for ensuring that:
- assembly and installation are carried out in accordance with the manual and instructions provided by us or the manufacturer;
- any electrical, plumbing or structural work is carried out by appropriately licensed and qualified tradespeople;
- the location is suitable, and the foundation and ground conditions are of suitable load-bearing capacity for the product and its intended use, prepared and drained so that they carry that load without settling or moving to an extent that could damage the product;
- the foundation and ground can carry the weight of the product in use, including, for a spa, hot tub or ice bath, when it is filled with water;
- you obtain engineering, geotechnical or building advice where the site or the intended use calls for it;
- the product and its site are protected against pests, including timber pests such as termites; and
- all relevant local, State and Commonwealth requirements are met.
We do not inspect or assess your site or its ground conditions, and we do not design, specify or approve any foundation, footing, slab or base. What is suitable depends on the site, the ground conditions and how you intend to use the product, which only you and your qualified builder or engineer can assess.
Failure to follow the installation instructions, to use suitably qualified tradespeople, or to comply with applicable laws may void the warranty and limit your rights under these terms, except to the extent of your rights under the Australian Consumer Law. We are not liable for damage to the goods or your property, or injury to any person, caused by incorrect assembly or installation or by the use of unqualified tradespeople.
8. Approvals and site suitability
Obtaining any approval, permit or consent for your building, and satisfying yourself that the building suits your site, your intended use and your local requirements, is your responsibility. This is set out in clause 11 of our Shipping policy.
9. Intellectual property
All content on our website and in our marketing, including text, images, photographs, designs, logos and the Nordic Spa name, is owned by or licensed to us. You may view the website and place orders. You must not copy, reproduce, download other than for normal browsing, adapt, republish, frame, sell or otherwise exploit any part of the website or our content, including our images, by any means, whether manually or by an automated process, without our written permission, except as allowed by law.
10. Using our website
We take reasonable care with the website, but we do not guarantee that it will always be available, uninterrupted or free of errors. Product descriptions, images, pricing and availability may contain errors, and we may correct them, including after you place an order, as set out in clause 3.
We may change, suspend or withdraw all or part of the website at any time. You must not misuse the website, interfere with its operation, or use it for any unlawful purpose. You must not use any robot, spider, scraper, crawler or other automated means to access, monitor, copy or collect content or data from the website, and you must not harvest, mine or extract our content, images or product information, without our written permission.
11. Our liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Subject to those non-excludable rights, and to the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, data or opportunity. Where our liability for failing to meet a consumer guarantee can lawfully be limited, it is limited to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing so. Where we supply services, and our liability for failing to meet a consumer guarantee for those services can lawfully be limited, it is limited to supplying the services again or paying the cost of having them supplied again.
That limitation does not apply to goods of a kind ordinarily acquired for personal, domestic or household use, to the extent the Australian Consumer Law does not allow it.
12. Indemnity
You are responsible for, and indemnify us against, any loss or claim caused by your own act or omission, including your breach of these terms, your misuse of the goods or the website, your failure to comply with any law connected with the use or installation of the goods, or your infringement of another person's rights. This indemnity does not apply to loss caused by our own breach, negligence or wrongful act, it does not apply to the extent you are a consumer under the Australian Consumer Law or the contract is a small business contract, and it does not reduce your rights under the Australian Consumer Law.
13. Force majeure
A force majeure event is an event beyond a party's reasonable control. It includes an act of war, whether declared or not, terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, a health epidemic or pandemic, industrial action or labour disturbance, currency restriction, embargo, an act or omission of a government, the failure of a supplier, public utility or common carrier, and disruption to shipping, ports, customs or quarantine. It also includes the shipping and transport events listed in clause 7 of our Shipping policy.
If a force majeure event prevents or delays a party from meeting an obligation under these terms, that obligation is suspended for as long as the event continues and to the extent the party is affected. This does not apply to an obligation to pay money that is already due. The affected party will tell the other as soon as it is aware of the event, keep the other informed, and take reasonable steps to reduce its effect.
If a force majeure event continues for more than 30 days, either of us may end the affected order by notice in writing. Where we do, we will refund everything you have paid for goods you have not yet received, including any deposit. This sits alongside clause 13 of our Return and refund policy, which covers our inability to supply for any other reason.
Nothing in this clause excludes, restricts or modifies your rights under the Australian Consumer Law, including your right to have goods supplied within a reasonable time.
14. Gift cards, coupons and promotions
Where we offer gift cards, coupons or promotional codes, they are redeemable only on the conditions stated when they are offered, cannot be exchanged for cash, and may be varied or withdrawn at our discretion. Only one offer applies to an order unless we say otherwise.
15. Termination
We may end our agreement with you if you commit a material breach of these terms that you do not remedy within a reasonable time of our asking you to, or if the goods you have ordered become unavailable. Where we do, we refund any payment for goods you have not received.
16. Your personal information
We handle your personal information in accordance with our Privacy policy.
17. Complaints and disputes
If you have a concern or a complaint, please contact us first at hello@nordicspa.com.au so we can try to resolve it with you. We will acknowledge your complaint and work with you in good faith to resolve it.
Nothing in these terms limits your right to contact Consumer Affairs Victoria, or to take a matter to a court or tribunal. Raising a complaint with us first does not affect any of your rights under the Australian Consumer Law.
18. General
We may change these terms from time to time by posting the updated version on our website. A change does not affect an order you have already placed; the version in effect when you place an order applies to that order.
This document, together with the policies it incorporates, is the entire agreement between us about its subject matter and replaces any earlier understanding.
If any provision of these terms is unenforceable, it is severed to the extent necessary without affecting the rest.
We may assign or transfer our rights under these terms. You may not assign yours without our written consent.
We send notices to the email address you give us, and you send notices to us at hello@nordicspa.com.au or by post to Firefly Cove Pty Ltd, 34 Levanswell Road, Moorabbin VIC 3189. You agree to receive communications from us electronically.
These terms are governed by the law of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State.
Last updated: 8 September 2026