1. Acknowledgement and Acceptance
1.2 The information contained in the Nordic Spa websites is subject to change without notice. If you are a regular Nordic Spa visitor and/or member please check these Terms regularly.
1.3 The Nordic Spa translation service is provided in partnership with a third party. In the case of any discrepancies, the English version prevails. Please contact us here with any inquiries.
2. Using the Nordic Spa websites
All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the Nordic Spa websites.
3. Your obligations when using the Nordic Spa website
3.1 Trade Marks and Copyright
(a) “Nordic Spa” is the trading name for Firefly Cove Pty Ltd. All references to Nordic Spa include a reference to its related entities, authorized licensees and agents. “Nordic Spa Trade Marks” means all trademarks (whether or not they are registered) and trading names belonging to Nordic Spa.
(b) Under Australian and international law, the material on our website, including all pages, graphics, and services, is subject to copyright. You must not, without our prior written permission:
- unlawfully use any of our copyright material;
- pass-off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site; or
- use the Nordic Spa Trade Marks without our prior written consent.
3.2 Unacceptable content
When visiting or using the Nordic Spa websites you are prohibited from posting any material on the website that violates any laws, is threatening, abusive, defamatory, obscene or indecent, is false or misleading; infringes any third-party rights including copyright, trademarks or other intellectual property rights, distributes chain letters or pyramid schemes or spam users of the Nordic Spa website, distributes viruses or any other technologies that may harm the Nordic Spa website, the interests or property of Nordic Spa users, imposes an unreasonable load on our infrastructure or interferes with the proper working of the Nordic Spa website, copies, modifies, or distributes any other person’s content without their consent, uses any robot, spider, scraper or other automated means to access the Nordic Spa website and collect content for any purpose without our express written permission, harvests or otherwise collects information about others, including email addresses, without their consent, bypasses measures used to prevent or restrict access to the Nordic Spa website.
3.3 Objecting to content
You are solely responsible for any content that you create, transmit or display on the Nordic Spa Website and for the consequences of your actions (including any loss or damage which Nordic Spa or any third party may suffer) by doing so. However, Nordic Spa has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Nordic Spa websites. If you find any content that is objectionable please contact our privacy officer here.
3.4 User-generated content
If you upload content, you agree to
(a) include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;
(b) indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trademarks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy;
(c) warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Nordic Spa websites is capable of a breach of the Australian Competition and Consumer Law Act 2010 or related legislation.
If you post materials to or links from the Nordic Spa websites that infringe any third party rights, you will indemnify Nordic Spa against any loss, liability, damage, cost (including Nordic Spa reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Nordic Spa websites.
3.5 Copyright Assignment
You agree to assign copyright in all original content that you post on the Nordic Spa websites to Nordic Spa and its partners, and agree to formally record such assignments when required. Nordic Spa and its partners retain the copyright on all content, design, and artwork produced for the Nordic Spa websites.
If you upload photographs, audio or video recordings of yourself, you consent to give Nordic Spa and our partners the right to use these photographs and recordings in the production of the Nordic Spa websites. You will further allow Nordic Spa and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
3.7 Linking policy
You are welcome to put links on your site pointing to the Nordic Spa websites so long as they abide by these Terms and Conditions.
3.8 Comments Policy
At Nordic Spa we want as many of you as possible to engage in vibrant and lively discussions. However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Nordic Spa websites are constructive and civilized. Nordic Spa will remove any comments or discussions in its absolute discretion for any reason, including communications which Nordic Spa considers to be inappropriate, offensive and in breach of these Terms and Conditions.
4. Copyright and Trademark Policy
Nordic Spa will respond to:
(a) notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act); and
(b) trademark complaints.
Nordic Spa reserves the right to remove users and/or subscribers for copyright and trademark infringements. If you suspect that your copyright or trademarks have been infringed please contact our Privacy Officer here.
(a) The Competition and Consumer Act 2010 and similar legislation in Australian State and Territories may confer rights, guarantees, and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but we exclude all other conditions and warranties implied by custom, law or statute.
(b) To the extent permitted by law and subject to your rights and remedies available at law, neither Nordic Spa nor its partners, affiliates, representatives or associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(c) You acknowledge and agree that by using the Nordic Spa websites you use the Nordic Spa websites at your own risk.
(d) Neither Nordic Spa nor its related companies represent or warrant:
that your use will be uninterrupted, timely, secure or free from error; the accuracy of any information obtained by you as a result of your use of the Nordic Spa websites, and any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
7. Third-party websites
Our websites may link to third party websites which are not owned or operated by Nordic Spa. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites’ own terms and conditions.
8. Choice of Law/Forum
These Terms are governed by and construed in accordance with the laws of the state of Victoria, Australia.
Nordic Spa strives to ensure that all information as to the details, specifications, prices, and description of goods which appear on the Nordic Spa websites are accurate. If we discover an error in the price or information we provide about a product or goods, we will inform you as soon as possible and give you the option of completing your purchase (in the event you have purchased the product) or cancelling your order. Pricing shown on the website is inclusive of GST and ex works our warehouse. Delivery costs will be charged in addition to the product price unless otherwise advised or displayed in a special offer.
Nordic Spa reserves the right to update, correct and amend its pricing and information about its products and goods as it sees fit. In identifying the price shown, Nordic Spa makes no warranty or guarantee as to whether the price shown is the cheapest price or cheapest recommended retail price in the market.
All quotes and draft orders that have been sent out are only valid for 7days from the date received. Unfortunately, we cannot price match or honour discounts.
10. Payment and processing of goods
When you pay with a credit card, we may undertake a pre-authorisation check to ensure there are sufficient funds on your card to meet the payment of your transaction. Goods and products will not be processed for dispatch until this pre-authorisation check has been made, after which time, your credit card will then be deducted the payment price of your purchase.
Items will only be delivered after receipt of full payment.
Items will remain the property of Nordic Spa until full payment has been received.
11. Feedback or complaints
Nordic Spa is committed to improving its websites and ultimately improving the services for our customers. We welcome feedback, good or bad. Nordic Spa has a complaint handling procedure and we would welcome the opportunity to address your concern or to hear how we can do better. Please let us know your thoughts by emailing us here
12. Terms of sale
By submitting your order to purchase Nordic Spa products and goods, you are purchasing the products and goods knowing that all orders are subject to availability and confirmation of the purchase price. Delivery times are also variable and may be affected by delays or events beyond Nordic Spa’s control. Additional lead times may apply during the Christmas period.
a) Delivery Fees vary based on the product, quantity ordered and your delivery location. These fees will be quoted separately after completing your order. You may also arrange your own delivery service.
b) Dispatch times for delivery may vary according to availability and any guarantees or representations made as to delivery times may vary according to delays resulting from postage or courier delays or force majeure events which are outside Nordic Spa’s control.
c) Delivery of goods will be made at the delivery address specified by you during the order process. You will need to provide a current street address for delivery to take place.
d) If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own.
e) You or your nominated representative will be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery manifest this will be taken as a refusal to accept delivery and you may be required to pay an associated fee for redelivery.
f) You are responsible for ensuring that there is access to allow the products to be delivered. This should include a review of particular features of the delivery address to ensure delivery can take place easily. This includes without limitation any: (i) Restricted access or parking for the delivery truck; (ii) Restricted or limited access to the premises; or (iii) if you have narrow doors, spiral staircases, or tight corners. If goods are not able to be delivered, you will be responsible for the delivery and collection costs. When re-delivery is required because of access issues or limitations for making a delivery, you will be required to pay any associated fees for re-delivery. If the goods are unable to be delivered at any time due to access this will be treated as a change of mind and subject to the Refunds and Returns policy on same. Please ensure that you have read and understood the ‘Returns & Refunds’ terms which are located here
g) Upon delivery, you must inspect and test your goods and check that the goods delivered match the type, model, colour, features and quantity of your order. If there is obvious damage to the goods due to transit, you must contact us within 48 hours. If the goods are not as ordered, you may return the goods to us in accordance with the Return and Refund policy. You must let us know of any damaged goods, missing and incorrect goods as soon as possible. Please contact our Customer Happiness Team to advise of any issues.
h) Cancellations or changes to delivery times within forty-eight (48) hours prior to the arranged delivery time will incur a minimum cancellation fee of one hundred and ten dollars ($250) inclusive of GST.
i) Any returns due to you changing your mind about your purchase will attract a restocking and delivery fee. Please refer to our Return and Refund policy here.
j) The delivery cost does not include set-up costs or removing the packaging, rubbish or disused furniture. These can be arranged with our delivery company for an additional charge.
k) Insurance is not available as part of your order.
l) Nordic Spa does not accept responsibility for any delay in delivery or failure in delivery caused by our delivery company. Please note this delivery timeframe may vary due to holiday or promotional periods, occasionally resulting in delayed shipment.
m) Following notification that your order has arrived and is ready for delivery the item(s) can then be held by Nordic Spa pending delivery for up to fourteen (14) days free of charge.
After fourteen (14) days, Nordic Spa will not continue to store the Product(s) free of charge and will:
- Deliver the Product(s) to the customer’s address (or nominated address) or
- storage (including costs) becomes the Customer’s responsibility
Full payment of the accumulated storage fee will be payable by the Customer prior to delivery/pickup.
Terms & Conditions updated on 22 July 2019