Terms of Service

Effective Date: June 4, 2026

1. Introduction and Acceptance of Terms

Welcome to Nisbets Australia. This website, found at nisbetsaustralia.com (the “Site”), is owned and operated by Nisbets Australia (“we,” “us,” or “our”).

These Terms of Service (“Terms”) govern your access to and use of our Site, including any content, functionality, customer account features, and commercial products offered on or through the Site.

Please read these Terms carefully before you start to use the Site. By browsing, accessing, creating an account, or purchasing commercial kitchen equipment and catering supplies from this Site, you accept and agree to be bound and abide by these Terms, our Privacy Policy, our Refund and Returns Policy, and our Shipping Policy. If you do not agree to these Terms, you must not access or use the Site.

2. Eligibility and Commercial Use Notice

Our Site is an e-commerce platform designed primarily for commercial buyers, hospitality business operators, corporate entities, procurement officers, and culinary professionals.

By using this Site, you represent and warrant that:

You are at least 18 years of age and possess the legal capacity to form a binding contract under Australian law.
If you are purchasing goods on behalf of a company, restaurant, catering business, or other legal entity, you have the explicit authority to bind that entity to these Terms.
All registration and transactional information you submit is completely truthful, accurate, and current.

3. Account Registration and Security

To access certain features of the Site, including tracking business invoices, managing commercial order sheets, or viewing wholesale trade pricing, you may be required to register for a customer account.

Account Responsibility: You are entirely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all business and financial transactions that occur under your account.
Accuracy of Information: You must provide accurate billing, delivery, and corporate data. If your contact details change, you must update your account profile immediately.
Unauthorized Access: You agree to notify us immediately by emailing mossyth@nisbetsaustralia.com or calling +61 (2)46045400 if you suspect or discover any unauthorized use of your account or any other breach of cybersecurity.
Account Termination: We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion, without notice, if we believe a user has violated these Terms, engaged in fraudulent activity, or harmed our brand reputation.

4. Product Descriptions, Availability, and Pricing

We strive to ensure that all information, dimensions, electrical specifications, descriptions, and prices of kitchen equipment on our Site are as accurate as possible. However, errors may occasionally occur.

Product Descriptions: Images displayed on nisbetsaustralia.com are for illustrative purposes only. Actual items, commercial packaging, or manufacturer finishes may vary slightly. Minor updates to equipment models by manufacturers may occur without notice.
Stock Availability: All commercial items displayed on our Site are subject to stock availability. A displayed item does not guarantee immediate availability. We reserve the right to limit the sales of our products or services to any person, geographic region, or business jurisdiction.
Pricing Currency: All prices listed on our Site are in Australian Dollars (AUD). Unless explicitly stated otherwise, prices are exclusive of Goods and Services Tax (GST) and shipping or specialized heavy freight handling costs, which will be calculated and added during the checkout process.
Price Modifications: We reserve the right to adjust prices, structural bulk discount rates, and promotional campaigns at any time without prior notification due to changing market conditions, manufacturer price hikes, or currency fluctuations.
Errors in Pricing: In the event that a product is listed at an incorrect price or with incorrect technical specifications due to a typographical or system error, we reserve the right to cancel any orders placed for that product, even if the order has been confirmed and your payment method processed. If your payment has already been completed, we will issue a full refund to the original payment source.

5. Orders, Payment Terms, and Billing

When you place an order on nisbetsaustralia.com, you are making an offer to purchase the selected commercial goods in accordance with these Terms.

Order Confirmation: After you place an order, you will receive an automated email acknowledging the receipt of your order. This acknowledgment email does not constitute our legal acceptance of your order. A binding sales contract is formed only when we process your transaction and dispatch the physical goods from our warehouse facility.
Order Rejection: We reserve the right to refuse or cancel any order for any reason. Reasons include, but are not limited to, suspected fraudulent activity, unauthorized commercial reselling, credit card declines, or delivery address issues.
Payment Processing: Payment must be made in full at the time of checkout unless you have an approved corporate trade credit account with us. We accept major credit cards (Visa, Mastercard, American Express) and trusted digital payment gateways.
Billing Address: Your billing information must match the legal registration details of your payment method. You grant us the right to provide your payment transaction details to third-party payment processors to complete your order securely.

6. Shipping, Delivery, and Transfer of Risk

All logistics and shipping arrangements are subject to our comprehensive Shipping Policy.

Fulfillment Origin: Orders are processed and dispatched from our primary operations hub located at 15 Badgally Road, Campbelltown, NSW 2560, Australia.
Delivery Limitations: We deliver exclusively within mainland Australia and Tasmania. We do not ship to international destinations, PO Boxes, or unattended public parcel lockers.
Transfer of Risk and Title: Legal title and property ownership of the commercial goods pass to you only upon our receipt of full payment. The physical risk of loss, damage, or destruction of the goods passes to you immediately upon delivery of the items to your designated shipping address or upon your collection of the items from our warehouse.
Delivery Failures: If a delivery cannot be executed because no authorized representative is present at your business site to sign for the freight, you will be liable for all subsequent redelivery fees, storage fees, and administrative handling charges before a second courier drop-off is scheduled.

7. Return and Refund Principles

All returns, technical defects, or claims regarding incorrect shipments are governed exclusively by our Refund and Returns Policy.

Mandatory Return Policy: We enforce a strict “No Refund-Only” policy. We will not under any circumstances issue a refund, commercial credit note, or product exchange while the physical product remains in your possession.
Physical Inspection Required: The item must be securely returned to our warehouse at 15 Badgally Road, Campbelltown for physical, technical inspection by our quality control team before any remedy is authorized.
Reporting Deadlines: Visible physical damage from transit or order discrepancies must be submitted within 48 hours of delivery via email to mossyth@nisbetsaustralia.com or by calling +61 (2)46045400. Change-of-mind requests must be made within 14 days and are subject to commercial restocking fees.

8. Intellectual Property Rights

The Site and its entire contents, features, and functionality—including but not limited to all website architecture, graphics, product photography, software code, written copy, brand logos, button icons, databases, and structural designs—are the exclusive intellectual property of Nisbets Australia, its corporate affiliates, or its manufacturing licensors.

Protection: This content is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site strictly for internal business purchasing purposes.
Prohibitions: You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, republicate, download, store, or transmit any of the material on our Site without our prior written consent. Any unauthorized data scraping, web crawling, data mining, or framing of nisbetsaustralia.com is strictly prohibited and will result in the immediate revocation of your user access.

9. Prohibited Website Activities

You agree to use our Site only for lawful commercial purchasing purposes and in accordance with these Terms. You are strictly prohibited from using the Site:

In any way that violates any applicable federal, state, local, or international law or regulation within Australia or your operational jurisdiction.
To transmit, or procure the sending of, any unauthorized promotional material, advertising spam, junk mail, chain letters, or bulk marketing emails.
To impersonate or attempt to impersonate Nisbets Australia, an employee of our company, another customer account user, or any other individual or business entity.
To engage in any behavior that restricts, delays, or inhibits anyone’s use or enjoyment of the Site, or which may expose Nisbets Australia or our visitors to operational liability or cyber security threats.
To introduce any malicious or technologically harmful materials, such as viruses, Trojan horses, computer worms, logic bombs, ransomware, or keystroke loggers.
To attempt to gain unauthorized access to, interfere with, damage, disrupt, or bypass security protocols of any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to our network infrastructure.

10. Third-Party Links and Integrations

Our Site may contain hyperlinked connections to external web platforms, manufacturer portals, or service applications that are not owned, maintained, or controlled by Nisbets Australia.

No Endorsement: These links are provided solely for your industry convenience and research purposes. We have no direct control over the operational content, security protocols, terms of use, or privacy practices of these third-party external networks.
No Liability: We do not warrant or assume any liability for material, malware, or business transactions conducted on third-party sites. Your interaction with external sites is entirely at your own risk, and we recommend reading their respective terms and privacy policies.

11. Disclaimer of Warranties

This section limits our legal liability to the maximum extent permitted under Australian law.

“As Is” Basis: Except as explicitly provided to the contrary in writing, this Site, all commercial tools, and all kitchen equipment and catering supplies sold via nisbetsaustralia.com are provided on an “as is” and “as available” basis.
Warranty Disclaimer: Nisbets Australia makes no express or implied representations, endorsements, or warranties of any kind regarding the operation of the Site, the accuracy of electronic product data, or the suitability of industrial equipment for a particular kitchen setup or specific commercial application.
Technical Disclaimers: We do not warrant that the website files, server connections, or transactional checkout modules will operate without interruptions, server delays, software bugs, errors, or data omissions. We do not guarantee that the Site or its hosting environment are free of computer viruses or other harmful digital mechanisms.

12. Limitation of Liability

To the maximum extent permitted by applicable legislation, including the Competition and Consumer Act 2010 (Cth), Nisbets Australia, its corporate directors, corporate officers, operational employees, sub-contractors, and supply chain partners shall not be held liable for any indirect, incidental, punitive, special, exemplary, or consequential financial damages whatsoever.

Types of Excluded Losses: This exclusion includes, but is not limited to, commercial damages for loss of business profits, unexpected business interruptions, food spoilage or product waste, loss of restaurant revenue, loss of commercial reputation, loss of electronic data, or the cost of purchasing alternative equipment.
Cap on Liability: In any event where liability is legally established against Nisbets Australia, our total aggregate liability to you for all claims, structural legal actions, or damages arising out of your use of the Site or purchase of commercial goods shall be strictly capped at the total financial amount actually paid by you to Nisbets Australia for the specific order that gave rise to the liability.

13. Australian Consumer Law (ACL) Guarantees

Nothing in these Terms is intended to exclude, restrict, or modify any statutory consumer guarantees, rights, or remedies that you may possess under the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot be lawfully excluded.

Commercial Goods Notice: Where goods are purchased for industrial, restaurant, or commercial use and the monetary value does not exceed statutory thresholds, or where goods are of a kind ordinarily acquired for personal, domestic, or household use, our liability for a breach of a consumer guarantee is limited, at our discretion, to:
1. The replacement of the equipment or the supply of equivalent commercial goods.
2. The technical repair of the faulty equipment.
3. The payment of the financial cost of replacing the goods or acquiring equivalent items.
4. The payment of the financial cost of having the faulty items repaired by an authorized technician.

14. Indemnification

You agree to defend, indemnify, and hold harmless Nisbets Australia, its parent corporations, business subsidiaries, global affiliates, licensors, service providers, corporate officers, directors, employees, and legal agents from and against any and all claims, legal liabilities, corporate damages, judgements, financial awards, business losses, costs, expenses, or legal fees (including reasonable attorney fees) arising out of or relating to:

Your breach or violation of these Terms of Service.
Your unauthorized, illegal, or improper use of the Site or its digital resources.
Your violation of any third-party rights, including intellectual property rights, privacy rights, or consumer safety rights.
Any fraudulent, malicious, or deceptive actions executed under your registered commercial user account.

15. Severability and Entire Agreement

Severability: If any individual provision, clause, sub-clause, or phrase of these Terms is determined by a court of competent jurisdiction or an Australian regulatory tribunal to be unlawful, invalid, void, or for any reason unenforceable, that specific provision shall be deemed severable from these Terms and shall not affect the validity, legality, and enforceability of any of the remaining structural provisions.
Entire Agreement: These Terms of Service, along with our Privacy Policy, Refund and Returns Policy, and Shipping Policy, constitute the complete, entire, and exclusive legal agreement between you and Nisbets Australia concerning your use of the Site and transactional purchases. This agreement supersedes all prior or contemporaneous communications, understandings, oral agreements, or written proposals between you and our company.

16. Waiver and Enforcement

No waiver by Nisbets Australia of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Any failure or delay by our company to assert or enforce a legal right, commercial remedy, or operational provision under these Terms shall not constitute a legal waiver of such right or provision in future instances.

17. Governing Law and Dispute Resolution

These Terms, your access to nisbetsaustralia.com, and all transactional purchases of commercial equipment shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of New South Wales (NSW), Australia, without giving effect to any principles of conflicts of law.

Dispute Resolution: In the event of any business dispute, legal controversy, or structural claim arising out of or relating to these Terms, you agree to first contact our management team at mossyth@nisbetsaustralia.com to attempt to resolve the issue informally through good-faith commercial negotiations.
Jurisdiction: If an informal resolution cannot be reached within thirty (30) business days, any subsequent formal legal proceedings, lawsuits, or actions must be brought and resolved exclusively in the state or federal courts located in Sydney, New South Wales, Australia. You hereby consent and submit to the personal and exclusive jurisdiction of such courts.

18. Amendments and Policy Updates

We reserve the right, at our sole discretion, to revise, update, modify, or completely replace these Terms of Service at any time. Any changes will become effective immediately upon being posted on this webpage.

Notification: The “Effective Date” at the top of this document will reflect the date of the latest structural modifications.
Continued Use: It is your responsibility to review these Terms periodically for changes. Your continued access to or use of our Site following the posting of any revisions constitutes your absolute and binding acceptance of the updated Terms.

19. Contact Information

If you have any questions, compliance inquiries, requests for clarification regarding these Terms of Service, or require support regarding your trade account, please contact us directly:

Company Name: Nisbets Australia
Website Platform: nisbetsaustralia.com
Corporate Email: mossyth@nisbetsaustralia.com
Physical Headquarters: 15 Badgally Road, Campbelltown, NSW 2560, Australia
Telephone Support: +61 (2)46045400