Terms of Service

OVERVIEW

Welcome to Cushy Nest! The terms “we”, “us” and “our” refer to Cushy Nest. Cushy Nest operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Cushy Nest is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service, together with our policies (the “Terms”), describe your rights and responsibilities when using our Services. Please read them carefully, as they include important information about your rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or purchasing from our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our Services.

Nothing in these Terms excludes, restricts or modifies your rights under the Australian Consumer Law.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you represent that you are at least the age of majority in your state or territory within Australia and have given consent for any of your minor dependents to use the Services.

When you place an order, browse our store, or create an account, you may be asked to provide personal information such as your name, email, billing address, and payment details. You agree that the information you provide is accurate, complete, and up to date.

You are responsible for maintaining the security of your account credentials and any activity occurring under your account.

SECTION 2 – OUR PRODUCTS

We make every effort to accurately display and describe our products, including rugs, lamps, and home décor items. However, please note:

• Product colours may vary slightly depending on your screen settings, lighting, and photography conditions.
• Materials such as textiles and fibres may exhibit natural characteristics (e.g., slight shedding or pilling) as part of normal use.
• Minor variations in texture, colour tone, or finish do not constitute defects.
• Over time, gentle wear or fibre transfer from clothing and socks may appear on rugs. This can be removed with a lint roller or vacuum.

These natural characteristics are different from genuine faults. If a product is faulty, damaged, or materially different from how it was described, your rights under Section 3 of our Return & Refund Policy apply in full.

All product descriptions, images, and prices are subject to change at any time without notice. We reserve the right to discontinue any item or limit quantities at our discretion.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Cushy Nest reserves the right to accept or reject any order at our sole discretion. Your order is not confirmed until payment has been received and you receive a confirmation email.

Please review your order carefully before submitting, as we may not be able to accommodate cancellation requests once accepted. In the event that we cannot fulfil an order, we will contact you via the email provided and refund you in full.

Your purchases are subject to our Return & Refund Policy.

SECTION 4 – PRICES AND BILLING

All prices are listed in Australian Dollars (AUD) and include GST unless otherwise stated. Prices, discounts, and promotions are subject to change without notice.

You agree to provide accurate billing and payment information for all purchases. By completing a purchase, you authorise us to charge your selected payment method for the total order amount, including any applicable taxes and shipping costs.

SECTION 5 – SHIPPING AND DELIVERY

Estimated delivery times are provided as guidance only and may vary based on location, product type, and courier performance.

Once your order has been dispatched, you will receive tracking information via email.

Your order remains our responsibility until it is delivered to you. If your parcel is lost, stolen, or damaged in transit, please contact us at info@cushynest.com.au and we will resolve it, either by sending a replacement or providing a refund. Full details are set out in our Shipping Policy.

SECTION 6 – PREORDERS & MADE-TO-ORDER ITEMS

Some Cushy Nest products are made to order or available on preorder. These items are crafted or stocked upon request. Expected production time is 6–8 weeks, but may take longer during peak seasons, high-demand periods, or due to unforeseen supplier or logistics delays.

The amount payable at the time of ordering varies by product. Most pre-order rugs require a 50% deposit, with the remaining balance payable before dispatch. Some items, including lamps, are charged in full at the time of ordering. The exact amount payable is always shown at checkout before you complete your order. Where a balance is outstanding, we will contact you by email to confirm payment and delivery details.

Preorders can be cancelled at any point before production has commenced, with a full refund. Once production has begun, preorders cannot be cancelled for change of mind, except where required under Australian Consumer Law. Full details are set out in our Cancellation Policy.

SECTION 7 – INTELLECTUAL PROPERTY

All content, images, product descriptions, designs, and trademarks displayed on our website are the property of Cushy Nest and are protected by Australian and international intellectual property laws.

You may not reproduce, distribute, or use any of our content without prior written consent. All rights not expressly granted are reserved.

SECTION 8 – OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide access to third-party tools or links for convenience. These are provided “as is” without any warranty or endorsement. We are not responsible for any third-party websites, their content, or your interactions with them. Please review their respective terms before use.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Cushy Nest is powered by Shopify, which enables us to provide the Services. However, all purchases made through our store are between you and Cushy Nest directly. Shopify is not responsible for any product, service, or transaction on this site.

SECTION 10 – PRIVACY POLICY

Your use of our Services is also governed by our Privacy Policy. Shopify may also process certain personal information in accordance with its Privacy Policy.

SECTION 11 – FEEDBACK

If you submit feedback, reviews, or suggestions, you grant Cushy Nest a non-exclusive, royalty-free license to use, publish, or adapt that content for improvement or promotional purposes.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, product details or pricing may contain errors or omissions. We reserve the right to correct such information at any time. If an error affects an order you have already placed, we will contact you to confirm whether you wish to proceed, and refund you in full if you do not.

SECTION 13 – PROHIBITED USES

You may not use our Services for any unlawful purpose, to infringe intellectual property rights, to transmit viruses or spam, or to engage in fraudulent, abusive, or misleading behaviour.

We reserve the right to suspend or terminate access to any user who violates these Terms.

SECTION 14 – DISCLAIMER OF WARRANTIES

Except as required by Australian Consumer Law, all products and services are provided “as is” and “as available” without any express or implied warranties. We do not guarantee that your use of our Services will be uninterrupted or error-free.

SECTION 15 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Cushy Nest and its affiliates are not liable for any indirect, incidental, or consequential damages arising from your use of our Services or products.

Nothing in these Terms limits your rights under Australian Consumer Law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify and hold harmless Cushy Nest, its directors, employees, and partners from any claims arising from your breach of these Terms or misuse of our Services.

SECTION 17 – GOVERNING LAW

These Terms of Service and any related disputes shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

SECTION 18 – CHANGES TO TERMS

We reserve the right to update or modify these Terms of Service at any time. Updates will be posted on this page, and your continued use of our Services constitutes acceptance of the changes.

SECTION 19 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:
Cushy Nest
Melbourne, Victoria, Australia
info@cushynest.com.au