terms & CONDITIONS

‍These Terms, together with the documents referred to in them, outline the terms and conditions (Terms) that NXT SCENT ACN 650 862 472 (NXT Scent, we or us) will supply products (Products) listed on our websites www.nxtscent.com> and <nxtscent.com.au> (Site) to customers (Customers or you). Please read these Terms carefully.  

Application of Terms
1.     By using the Site and/or placing an order for Products, you agree to be bound by the following Terms.
2.     To place an order, you must be over 18 years of age and possess a valid credit card or other means of payment acceptable to NXT Scent. 

Orders
‍3.     You may place an order on the Sites using the shopping cart and our online payment facilities.
4.     An order is accepted when payment is processed by NXT Scent.
5.     You will receive an email confirming your order within 24 hours of your payment being processed.
6.     If a payment has been processed and you have not received an email confirmation from us within 24 hours, please contact us at customercare@nxtscent.com. 
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Availability of Products
7.     The Site indicates whether a Product is currently in stock.
8.     If a Product is shown as available on the Site at the time an order is placed, and the Product becomes unavailable prior to dispatch, you may:
a.     Receive a refund of the price and any shipping paid for the Product that is no longer available; or
b.     Nominate are placement product of equal or less value to the Product that is no longer available, and receive a refund
for any different in price; orc.     Nominate are placement product of greater value and make payment of the difference in price.

9.     All pictures and images of any Product on the Site are for illustrative purposes only. 

Prices
10.  All prices are specified in Australian dollars and are inclusive of GST (where applicable). A tax invoice will be provided to you upon completing your purchase.
11.  In addition to the price for the Products, a delivery fee is payable. The delivery fee will appear in your shopping cart before you complete your order.
12.  NXT Scent may agree to deliver Products outside of Australia and if so, international delivery fees will apply. The international delivery fee will appear in your shopping cart before you complete your order.
13.  In addition to delivery fees, the customer is responsible for any additional fees such as import duties or fees on international orders.
14.  NXT Scent reserves the right to change prices without notice. The changed price will apply to all future orders, but not to any orders submitted and paid for prior to the change.
15.  NXT Scent reserves the right not to honour any incorrect offers or prices represented on the Site made by genuine human or system error. 
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Payment
16.  The customer will pay the price for Products in accordance with any of the payment methods specified on the Site.
17.  By paying by credit card, the Customer authorises NXT Scent to debit their nominated card an amount equal to the applicable price and delivery fee. Delivery18.  Products will be dispatched for delivery upon successful processing of your payment.
19.  Products will be dispatched to the address specified by you when making your order. It is your responsibility to ensure the correct address details are entered, as NXT Scent cannot make any changes to delivery after an order is processed by us.
20.  Delivery times are estimates only, and NXT Scent is not responsible for late delivery. 

Promotions
21.  NXT Scent may from time to time offer promotional discounts or special offers by providing you with a promotional code.
22.  You may redeem a discount or offer by entering the promotional code in the ‘promo code’ section of the shopping cart. The promotional or discount will be deducted from the price of the Products.
23.  Promotional codes are valid for one use (unless specified) and must be used before the specified expiry date.
24.  Any promotional codes must be entered at the time the order is placed and NXT Scent will not apply any promotional code or discount to an order after it has been placed. 

Cancellation
25.  NXT Scent may reject or cancel your order for any reason in our sole discretion. Some reasons for rejection include if the Product you order is out of stock, we cannot obtain authorisation for your credit card, or we are not able to supply your order within a reasonable time. If we reject or cancel your order, we will refund the price and any other fees already paid in respect of the Product.
26.  If a customer cancels an order prior to dispatch by NXT Scent, the customer is entitled to are fund of the price already paid.
27.  A customer may not cancel an order after dispatch. 

Returns and refunds
28.  NXT Scent will not offer a change of mind refund.
29.  NXT will only offer a refund due to damage or a faulty item.
30.  Returns must be sent to 5 Ewan Street, Southport, 4215, Gold Coast, QLD, Australia.
31.  Products cannot be returned if they have been, opened, used or damaged by you, or where the product is damaged as a result of normal wear and tear.
32.  If a Product is entitled to a refund, NXT Scent will refund the purchase price to the customer, excluding delivery fees.
33.  Our Products 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 foreseeably loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
34.  NXT Scent will require satisfactory proof of defect or failure before providing a remedy under the Australian Consumer Law. 

Limitation of Liability
35.  To the extent permitted by law, NXT Scent will not be liable in any circumstances for any loss (including consequential loss) or damage:
a.      to any property or person arising from the supply, or delay in supply, of the Product
b.     To any person arising from the failure to supply as a result of the customer providing an incorrect delivery address or the Product being left at a delivery address that is unattended at the time of delivery
36.  NXT Scent is not liable to a customer for any loss or damage to the Product in transit. 

Warranties
37.  To the extent permitted by law, all other guarantees, warranties, undertakings or representations express or implied, whether arising by statute or otherwise which are not given in these Terms are expressly excluded. 
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Use of Site
38.  You are provided access to this Site for your personal and non-commercial use.
39.  You may not download, modify, transmit or otherwise use any material from the Site for your public or commercial purposes.
40.  You agree not to disrupt, modify or interfere with the Site or its associated software, hardware or servers in any way and you agree not to impede or interfere with others’ use of the Site.
41.  You may not cause or launch any programs or scripts for the purposes of indexing, scraping, surveying or engaging in any form of data mining on the Site.
42.  You may not use the Site for any illegal purpose or in any manner that is inconsistent with these terms.
43.  We do not provide any warranty to you that the Site will be uninterrupted, error-free or virus-free. You are responsible for implementing sufficient security systems on your device. 

Linked Websites
44.  The Site may contain third party advertisements and links to other websites, including websites operated by third parties. We are not responsible for the content of any linked websites 

Intellectual Property
45.  NXT Scent is a trade mark of Vanessa Sullivan. You are not permitted to use any trade marks or logos owned by Vanessa Sullivan without our prior written permission.
46.  Copyright in the Site (including text, graphics, images, photographs, logos and icons) is owned or licensed by NXT Scent. Such content is protected by copyright under the laws of Australia and other countries through international treaties. Except to the extent permitted by law, no part of our Site may be copied, reproduced, adapted or transmitted in any form without our prior written permission. 

Availability of Site
‍47.  NXT Scent does not guarantee the completeness, accuracy, timeliness, availability or performance of the Site or its suitability for any particular purpose. The content of the Site is subject to change at any time without notice.

Indemnity
48.  You will, to the extent permitted by law, at all times indemnify and keep indemnified NXT Scent from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by us, and from and against all actions, proceedings, claims or demands made against us as a result of your use of the Site, your use of the Products, your provision of incorrect information to us or any breach of these Terms. 

General
‍49.  These Terms are governed by the law of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the Courts of Victoria in respect of these Terms.
50.  These Terms may be modified by NXT Scent from time to time, and the modified terms shall apply to any use of our Site or purchase of Products after the date of amendment.
51.  A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or another right.