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Terms and Conditions of Sale

Welcome to NugaTree Online Bookstore.
NugaTree online store is wholly owned and operated by saamArt (Private) Limited (hereinafter referred to as Nuga Tree), a company registrered in Australia under the corporations act 2001. NugaTree and its affiliates provide their products and services to you subject to the following conditions. By accessing, reading, purchasing products and making use of this website provided by Nuga Tree, one of the trading names under Saamart Pty Ltd (ACN 153 863 695 - ABN 69 153 863 695), the purchaser ("The Customer"), agrees to the following terms and conditions of sale. Please read them carefully.

  1. CHANGES TO THESE TERMS - Nuga Tree reserves the right to add to or change these conditions of use at any time. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.
  2. USER INFORMATION - Nuga Tree and Saamart Pty Ltd collect information volunteered by the consumer, such as survey information and/or site registrations. Nuga Tree use this information for internal review, in order to improve the Content of the Site and to notify customers about any updates to the Site. Nuga Tree guarantee that if you supply your postal and/or email address online you will only be sent the information for which you provided your address but if you do not wish to receive communications by post and/or email from Nuga Tree or Saamart Pty Ltd in the future, or if you wish to be removed from mailing lists, please let us know by writing to Nuga Tree, PO Box, Weribee Plazza RPC, Werribee, Vic 3030, Australia.
  3. PRICE AND AVAILABILITY OF TITLES -  Whilst every effort is made to ensure accuracy of prices and availability of the titles featured on the Site, this cannot be guaranteed and price and availability information may change without notice.
  4. RISK OF LOSS - All items purchased from NugaTree are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
  5. REFUNDS AND RETURN POLICY - Nuga Tree operates on a strictly no return and no refunds policy. A product may only be returned if a customer received a product that was not ordered, has received a product which does not meet the published specifications or is damaged. In all other instances once a product is ordered it is considered sold and not returnable. Nuga Tree does not offer money back guarantee or trial products. It is solely your responsibility to ensure that the product you are purchasing will satisfy your requirements. If you choose to have your order delivered by post, Nuga Tree cannot offer any guarantee about loss or damage in transit. While delivery by post is cheaper, it does involve greater delay and higher risk in damage or loss.
  6. ADDRESSING - If a product is found to be mis-addressed by Nuga Tree then Nuga Tree shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Nuga Tree will not refund or resend the product and all responsibilty for correcting delivery will be borne by the Customer.
  7. BANK ACCOUNT  / CREDIT CARD NUMBERS - Nuga tree allows the customer to pay for products online through paypal only. When you pay through paypal you can use your Credit Card or Master Card. This service is offered by Paypal. Nuga Tree recives the payment through paypal. Nuga Tree or Saamart Pty Ltd does not have any connection with your bank details and never store customers bank details. Instead you pay for products secured way. Besides, you can transfer money to Nuga Tree bank account directly or send money order or bank cheque.
  8. MAILING CASH - Nuga Tree does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Nuga Tree accepts no responsibilty for the theft, loss or otherwise non-delivery of mailed cash.
  9. CANCELLING ORDERS -  Nuga tree reserves the right to cancel orders that Nuga Tree believes to be fraudulent or constitute a mis-use or a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing.
  10. GST - For Australian delivery address, all prices are GST inclusive unless otherwise stated. If your order ships to a delivery address outside Australia, no GST will be charged.
  11. PRODUCT DESCRIPTIONS - Nuga Tree and its affiliates attempt to be as accurate as possible. However, NugaTree does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Nuga Tree is not as described, your sole remedy is to return it in unused condition.
  12. COPYRIGHT & TRADEMARKS - You agree that the content you access, view or download and the software used to create it, remains the property of Nuga Tree and Saamart Pty Ltd as defined by Australian and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter the content in any way, or make it available to any third parties. Nuga Tree respects the copyrights of others. If you feel that data is used in Nuga Tree’s product catalogue in a manner that your copyright has been infringed upon, as pursuant to Part 2 of the Copyright Act 1994, please write to us at: PO Box Box 1559, Weribee Plazza RPC, Werribee, Vic 3030, Australia.
  13. STOCK AVAILABILITY - In order to provide the greatest range of products, you understand that Nuga Tree does not stock all products listed on this site in a single warehouse. Product availability information is provided by a number of third party suppliers. Nuga Tree works with these third-parties to ensure this information is as accurate as possible however some errors and omissions are expected. Goods delivered may differ to the product images presented on this site.
  14. GIFT VOUCHER EXPIRY -  Gift vouchers are valid for one year from the time they are issued, after which the voucher expires. Any remaining credit is non-refundable.
  15. DELIVERY ESTIMATES - Nuga Tree makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforseen events. By placing an order, you agree not to hold Nuga Tree liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
  16. COMMUNICATIONS - By creating an account with Nuga Tree you consent to receiving electronic communications from Nuga Tree. These communications will include: order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy.
  17. NEWSLETTER - If you register for the Nuga Tree Newsletter we will ask you for your name, contact and demographic details. We use this information to identify you, to contact you about your interest in Nuga Tree, including sending out information you have requested, and for internal market research purposes.
  18. USER ACCOUNTS - We may use your contact details to let you know about other products we offer, or about developments within or affecting us. If you do not wish to receive such communications, you can let us know by e-mailing us at the contact details below. We will not disclose your email address or any other details captured about you to a third party. We reserve the right to remove a user's account without prior notice and at our sole discretion.
  19. LINKS TO THIRD PARTY WEB SITES - The Site may include links to third party Internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by Nuga Tree of the sites linked or referred to, nor does Nuga Tree have any control over the content of any such sites.
  20. Customs & Duties - For any orders shipped outside of  Australia the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Nuga Tree’s control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.
  21. GOVERNING LAW - These Terms shall be governed by, and construed in accordance with, Australian law, and any disputes that may arise under or in relation to these Terms shall be subject to the jurisdiction of the courts.
  22. Disclaimer and Limitation of Liability
    Nuga Tree would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.
    Should you become dissatisfied with the web site or with any terms and conditions related thereto, your sole and exclusive remedy is to discontinue accessing this site.
    The information contained on this site is provided by Nuga Tree in good faith. The information is derived from sources believed to be accurate and current as at the date indicated in the respective sections of this site. Nuga Tree does not give any representation or warranty as to the reliability, accuracy or completeness of the information, nor do they accept any responsibility arising in any way (including by negligence) for errors in, or omissions from, the information.
    The review material on this site may include the views or recommendations of third parties, which do not necessarily reflect the views of Nuga Tree. We reserve the right to remove any content without prior notice and at our sole discretion.
    Nuga Tree does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site. Nuga Tree makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Nuga Tree disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nuga Tree does not warrant that this site, its servers, or e-mail sent from nuga tree or are free of viruses or other harmful components. nuga tree will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
    Last update : 23rd Oct 2011