Nest Customer Sales Terms

  1. What is this document about?
    1. These Sales Terms apply to the purchase of a Nest product from iSelect Services Pty Ltd (ABN 89 158 954 646)(“iSelect”, “we”, “our” or “us”). We recommend you read these Sales Terms carefully and that you keep a copy for your records. We can change these Sales Terms at any time without prior notice to you. If you have any questions about an order, please contact iSelect on 1800 662 523.
    2. The Nest Privacy Collection Notice, FAQs, iSelect Returns Policy and “Terms and conditions for the use of the iSelect website” form part of these Sales Terms.

    2. Placing an order for Nest products

    1. You must be at least 18 years of age to place an order for a Nest product (“Order”). To place an Order go to iselect.com.au/connected-home or call us on 13 19 20.
    2. All prices for Nest products, delivery charges and installation charges are quoted in Australian dollars and are inclusive of GST.
    3. When you place an Order with us, you make an offer to us to purchase a Nest product at the price published by us together with any applicable delivery charges, whether published on our website or advised to you by an iSelect consultant.
    4. You may pay for your Nest products with a Visa, MasterCard or AMEX credit card or PayPal account. We do not accept payment by any other methods.
    5. Remember to check you have entered all information correctly before you submit your Order. By confirming the details of your Order and submitting your payment, you agree to be bound by these Sales Terms.
    6. We may reject or cancel an Order if we believe on reasonable grounds that accepting your Order will result in you purchasing more than 12 Nest products in any one or more Orders placed with iSelect.
    7. You can’t change or cancel an Order after you have submitted it to us. Our systems operate real time so once your Order has been placed we are unable to cancel it.
    8. After we have accepted your Order and received confirmation of your payment in full, we will provide you with an order number. The order number confirms that a legally binding agreement has been formed between you and us under which we agree to supply you with the Nest products in your Order. We recommend you keep a copy of the order number to assist with enquiries about your Order.

    3. Receiving your Nest products

    1. If we have accepted your Order and provided you with an order number, we’ll dispatch your Nest products and you should receive them within 2 to 7 business days, depending on your location. Your Nest products will be delivered to your shipping address by a third party courier service. You will need to sign to confirm receipt of your Nest products. We do not deliver to PO or Australia Post mailing boxes.
    2. We recommend you check your Nest products as soon as possible after you have received delivery to make sure they have arrived in good order. Title in the Nest products passes to you on the day and the time they are delivered to your shipping address.
    3. If you have any questions about the delivery of your Order, please refer to the FAQs on our website www.iselect.com.au/connected-home or call us on 1800 662 523.
    4. If you’ve ordered more than one Nest product, our usual practice is to deliver them to you in a single delivery. There may, however, be circumstances where your Nest products are delivered to you separately, such as when we don’t have enough stock. If this is the case, we’ll let you know by email. There are no additional delivery charges if we split the delivery of your Order.
    5. If you experience difficulty with the delivery of your Nest products, including in your Nest products have arrived damaged or you believe you have not received the correct Nest products, please call us on 1800 662 523.
    6. We use a third party to arrange delivery of your Nest products. We accept no responsibility for any delay that you may experience with the delivery of your Nest products and do not guarantee delivery timeframes.
    7. To change your shipping address, call us on 1800 662 523, or access the online service using the details in the email advising you of your delivery details. You may need to pay another delivery charge if we have already attempted delivery of your Order.

    4. Installation services

    1. If your Order includes installation services, we’ll be in touch with you to arrange a preferred time for the installation. If you wish to cancel or change the time of your installation you must tell us by 2.30pm on the day before your schedule time. If you do not, a cancellation charge of $90 applies. If you decide to cancel your installation service, we’ll refund to you any installation charges you have paid.
    2. We offer different types of installation to accommodate particular needs. The installation that is right for you will depend on a number of factors, including the device you wish to install and the availability of power points. The cost of these installation services, together with information about the circumstances in which they are appropriate, are set out in the FAQs.
    3. You will need a Wi-Fi network with at least 2Mbps upload speed to be available on the day of installation. You will also need to provide the licensed installer with the user name, password and encryption key for your Wi-Fi network, and details of your Internet Service Provider login details. If these details are not immediately available to the technician, waiting charges of $90 per hour will apply. The mobile device, or devices, that will be connected to the device must also be onsite at time of installation and all passwords and access details available.
    4. You are not permitted to install a Nest Cam in any location or orientation that will allow any public area external to your property to be recorded.
    5. The installation service does not include the repair of any existing physically damaged parts, equipment or wiring. In such instances, additional costs may apply and can vary depending on a number of factors including, but not limited to, degree of damage, extent of wiring and cost of additional parts required.
    6. We use a licensed third party to install Nest products. We accept no responsibility in connection with the installation of a device on or to your property.

    5. Change of mind returns within 30 days

    1. If, for any reason, you change your mind about your Nest products, you can returns them at any time within 30 days of the date you purchased them under the Nest Buyer’s Remorse Policy. To arrange a return of your Nest products under the Buyer’s Remorse Policy, please call us on 1800 662 523.
    2. You are entitled to return a Nest product under the Buyer’s Remorse Policy if:
      1. The package containing the Nest product is unopened so that the Nest product remains in its original condition and packaging; or
      2. If the Nest product has been removed from its packaging, the Nest product must be returned in the original packaging, in its original condition, with all out-of-the-box accessories and attachments (eg power cords) supplied at the time of original purchase.
    3. If your Nest product has been hard-wired to your property by an installer, please call us on 1800 662 523.
    4. If you return a Nest product under the Buyer’s Remorse Policy, you will be entitled to a full refund of the purchase price. We will not refund to you any delivery charges. If you have a PayPal account, you may be able to obtain a refund of your delivery charges. Please see the iSelect Returns Policy for more information.
    5. If the device has been installed, you may need to arrange for a licensed electrician to remove the device. We will not refund any installation charges you have paid to us, and we will not be liable for the costs of removing an installed device.
    6. Any courier or postage fees you incur in returning the Nest product will be at your own cost. We recommend using registered post to return your Nest product. iSelect will not be liable for any item lost in transit.

    6. Problems with your Nest product

    1. For information about your right to return your Nest product after the 30 day period under the Buyer’s Remorse Policy has ended, please refer to the iSelect Returns Policy. Please also check our FAQs for more information.

    7. General

    1. Subject to these Sales Terms, applicable laws and the consumer protections under the Australian Consumer Law, we will not be liable for any loss or damage or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
      1. your Order for a Nest product, whether or not the Order is accepted by us,
      2. delay in the delivery of your Nest product;
      3. the installation of your Nest product, or its removal; or
      4. your use of our website.
    2. If any part of these Sales Terms is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
    3. You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Sales Terms.
    4. These Sales Terms constitute the entire agreement between you and us relating to your purchase of Nest products and superseded any prior agreements.
    5. These Sales Terms are governed by and will be interpreted in accordance with the laws of Victoria, Australia.
    6. Each of you and us submits to the non-exclusive jurisdiction of the courts of Victoria, Australia in connection with these Sales Terms.

Effective date: 11 July 2017