Terms and Conditions

NestDivert Terms and Conditions

These Terms and Conditions apply to purchases made from NestDivert through our website.

Throughout these Terms, “NestDivert”, “we”, “our” and “us” refer to NestDivert. “Customer”, “you” and “your” refer to the person or business purchasing our products.

By placing an order with NestDivert, you agree to these Terms and Conditions.

Nothing in these Terms and Conditions is intended to exclude, restrict or override any statutory or mandatory consumer rights that apply to you under the laws applicable in the country in which you reside.

1. OUR PRODUCTS

NestDivert designs and supplies preventative bird-deterrent products intended primarily to discourage house martins, swallows and similar birds from establishing nests in particular areas of buildings.

Our products are designed as preventative measures. They are not intended for removing, damaging, destroying, obstructing or otherwise unlawfully interfering with active nests, nesting birds, eggs or young.

Customers must follow the installation instructions supplied with the product and any additional guidance published on our website.

Product photographs and illustrations are provided for guidance. Minor variations in appearance, finish, dimensions or manufacturing may occur provided these do not materially affect the intended function of the product.

We reserve the right to improve or modify product specifications where reasonably necessary.

2. PRODUCT SUITABILITY

Buildings, rooflines, eaves, soffits, apexes and installation surfaces vary considerably.

Customers are responsible for checking that the product selected is suitable for their property and intended installation location.

If you are uncertain which NestDivert product is appropriate, we strongly recommend contacting us and, where possible, providing photographs and relevant measurements before ordering or installation.

Any advice provided by NestDivert based on customer-supplied photographs, measurements or descriptions necessarily relies upon that information being complete and accurate.

3. STANDARD SOFFIT

For product compatibility purposes, NestDivert generally defines a standard soffit as one which:

Where the soffit exceeds approximately 200mm, has an unusual profile, consists of a porous, heavily textured, damaged or contaminated surface, or otherwise differs substantially from a standard installation, please contact NestDivert before ordering or installation.

Additional or alternative fixing methods may be required.

4. STANDARD APEX

For product compatibility purposes, a standard apex installation is generally considered to have an apex angle:

If your apex falls outside this range, or you are uncertain about compatibility, please contact NestDivert before ordering.

Alternative products, positioning or installation arrangements may be required.

5. INSTALLATION

NestDivert products must be installed in accordance with the instructions provided with the product and any relevant guidance published on our website.

Before installation, the installer should ensure that:

Customers using professional installers remain responsible for selecting an appropriately competent installer.

Unless NestDivert has expressly contracted to provide installation services, any installer or contractor engaged by the customer is independent of NestDivert.

The inclusion of an independent installer in any directory or recommendation provided by NestDivert does not create an employment, agency, partnership or subcontracting relationship between that installer and NestDivert.

6. WILDLIFE PROTECTION AND NESTING BIRDS

NestDivert products are designed to provide preventative protection before nesting activity begins.

Wild birds, their nests, eggs and young may be protected by wildlife legislation. The precise legal protections and nesting periods vary between countries and jurisdictions.

It is the responsibility of the property owner, customer and/or installer to ensure that installation is lawful in the country and location in which the product is being installed.

Active Nests

NestDivert products must not be installed where doing so would unlawfully damage, destroy, obstruct, remove or otherwise interfere with a nest that is being built or is in use, or unlawfully interfere with nesting birds, eggs or young.

If there is any doubt as to whether nesting activity has begun, installation should be postponed and appropriate local wildlife guidance or professional advice should be obtained.

March to October Precautionary Period

House martins, swallows and other species may nest at different times depending upon species, weather, geography and local conditions.

As a precautionary NestDivert policy, we strongly advise against installation between March and October where birds are present, investigating the area, building nests or otherwise showing nesting behaviour.

These dates are precautionary guidance and should not be interpreted as defining the legal nesting season in every country.

Local wildlife legislation and the actual presence or absence of nesting activity must always take precedence.

Installation During or After Nesting Behaviour Has Begun

Birds that have already selected or become strongly attached to a nesting location may repeatedly attempt to establish a nest at or near that location.

If a deterrent is installed after birds have begun investigating, prospecting or attempting to build at a location, birds may attempt to build on, beside, behind or around the product.

NestDivert therefore cannot guarantee that all nesting attempts will be prevented where products are installed after nesting behaviour has already commenced.

For best results, NestDivert products should be installed sufficiently in advance of the birds returning and before nesting activity begins.

7. CUSTOMER AND INSTALLER RESPONSIBILITY

The customer and/or installer is responsible for:

NestDivert is not responsible for problems caused by installation that has not been carried out in accordance with our instructions, installation on unsuitable structures or surfaces, or installation undertaken in breach of applicable law.

Nothing in this section excludes any liability which cannot lawfully be excluded.

8. PRODUCT PERFORMANCE

NestDivert products are designed to discourage birds from establishing nests in the protected area when the appropriate product has been correctly selected, positioned and installed before nesting activity begins.

Wild birds are living animals and their behaviour cannot be predicted or controlled completely.

NestDivert therefore does not guarantee that birds will never:

The presence of birds, or an attempt by birds to construct a nest on, beside or around a NestDivert installation, does not in itself establish that the product is faulty or defective.

Where a customer believes that the NestDivert product itself is faulty or non-conforming, the matter will be assessed taking into account the product, installation, installation location, timing of installation and any other relevant circumstances.

Nothing in this section affects your statutory rights where the product itself is faulty, defective, incorrectly described or otherwise does not conform to the contract.

9. ORDERS

All orders are subject to availability and acceptance by NestDivert.

Prices displayed on our website are shown in the applicable currency displayed at checkout.

Before completing an order, customers should check:

An order confirmation email confirms receipt of your order. Where applicable, the contract is formed when the order is accepted by NestDivert.

We reserve the right to decline or cancel an order where there has been an obvious pricing error, product availability problem, suspected fraud, delivery restriction or other legitimate reason.

Where payment has already been taken for an order that we cannot fulfil, the relevant amount will be refunded.

10. PAYMENT

Payment must be made using one of the payment methods offered at checkout.

Payments may be processed through third-party payment providers such as Stripe, PayPal or other approved providers.

NestDivert does not normally retain complete customer card details.

11. DELIVERY

Delivery options, charges and estimated timescales are displayed on our website or during checkout where applicable.

We currently use delivery providers including Royal Mail, DPD and other appropriate postal or courier services.

Estimated delivery dates are estimates unless expressly stated otherwise.

NestDivert is not responsible for delays caused by circumstances genuinely outside our reasonable control. However, nothing in these Terms affects any mandatory consumer rights concerning delivery times.

Customers are responsible for providing a complete and accurate delivery address.

Additional delivery charges may apply to certain remote areas, islands and international destinations.

International customers may also be responsible for applicable import duties, customs charges, local taxes or other charges where these are not collected by NestDivert at checkout. Any such charges will be determined by the destination country’s applicable rules.

12. CANCELLATION AND CHANGE-OF-MIND RETURNS

Consumer cancellation and withdrawal rights vary depending upon the customer’s country.

Where applicable law provides a statutory cooling-off or withdrawal period, NestDivert will honour that right.

For many UK and European online consumer purchases, customers generally have a 14-day statutory period in which to notify the seller that they wish to cancel an eligible purchase.

Where a statutory withdrawal right applies, customers should notify NestDivert clearly of their decision to cancel within the applicable period.

Where NestDivert voluntarily offers a longer returns period, such as a 30-day money-back guarantee, this is offered in addition to and does not replace any statutory cancellation or withdrawal rights.

Unless applicable law or NestDivert’s returns policy provides otherwise, customers are responsible for the direct cost of returning goods when exercising a change-of-mind cancellation right, provided the customer was informed of this obligation before purchase.

Returned products should be appropriately packaged to prevent damage in transit.

Customers may inspect products to the extent reasonably necessary to establish their nature, characteristics and functioning.

Where permitted by applicable law, NestDivert may make an appropriate deduction for any reduction in value caused by handling beyond what is reasonably necessary for that purpose.

Nothing in this section restricts any greater cancellation rights provided by the mandatory law applicable to the customer.

13. BESPOKE AND MODIFIED PRODUCTS

Products manufactured, cut, modified or otherwise produced specifically to a customer’s individual specifications may be excluded from statutory change-of-mind cancellation rights where applicable law permits.

This does not affect a customer’s rights if a bespoke or modified product is faulty, incorrectly manufactured, not as described or otherwise fails to conform to the contract.

Customers will be informed where an order is considered bespoke or customised.

14. FAULTY OR NON-CONFORMING PRODUCTS

NestDivert products should be:

If you believe a product is faulty, damaged, incorrectly supplied or otherwise does not conform to the contract, please contact NestDivert as soon as reasonably possible and provide:

NestDivert may ask for reasonable evidence to establish whether the issue relates to:

The fact that a bird attempts to nest on, beside, behind or around an installed NestDivert product does not automatically mean that the product is faulty or non-conforming.

There is no seven-day limit on statutory rights relating to faulty goods.

Where a product is established to be faulty or otherwise non-conforming, the remedy available will depend upon the circumstances and the consumer law applicable in the customer’s country.

This may include repair, replacement, price reduction, refund and/or other remedies required by applicable law.

Nothing in these Terms limits or replaces any statutory legal guarantee or other mandatory consumer protection.

15. RETURNS CONDITION

Where goods are returned because the customer has changed their mind rather than because the goods are faulty, they should be returned in a condition consistent with reasonable inspection.

Where permitted by applicable law, a deduction may be made from a refund to reflect diminished value resulting from unnecessary handling, contamination, damage, alteration or use.

Products which have been installed, drilled, cut, modified, contaminated with building materials or adhesive, or otherwise materially altered may have significantly reduced resale value.

This does not affect the customer’s rights where the goods themselves are faulty or non-conforming.

16. INSTALLATION, REMOVAL AND THIRD-PARTY COSTS

Unless expressly agreed otherwise in writing, NestDivert supplies products only and does not provide installation services.

Where a NestDivert product is correctly supplied and is not faulty or otherwise non-conforming, NestDivert will not be responsible for installation, removal, reinstallation, scaffolding, access equipment, contractor or other third-party costs arising from:

NestDivert products are preventative bird deterrents. Due to the unpredictable behaviour of wild birds, NestDivert does not guarantee that birds will never approach, investigate, land near, attempt to nest on or attempt to build around a correctly installed product.

The presence of birds or nesting attempts does not by itself create an entitlement to reimbursement of installation, removal, reinstallation, scaffolding, access equipment or contractor costs.

Where a product is established to be faulty or otherwise non-conforming, NestDivert will provide the remedies required by the consumer law applicable to the customer.

Depending upon the circumstances and applicable law, this may include repair, replacement, refund and/or reasonable necessary costs associated with providing the applicable statutory remedy.

Nothing in these Terms excludes or limits any liability or statutory consumer right which cannot lawfully be excluded or limited.

17. INDEPENDENT INSTALLERS

NestDivert may provide details of independent installers, pest-control businesses, contractors or other service providers for customer convenience.

Unless expressly stated otherwise:

Customers should satisfy themselves as to an installer’s suitability, qualifications, insurance and pricing before engaging them.

18. LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms excludes or restricts mandatory consumer rights relating to faulty, unsafe, misdescribed or non-conforming products.

To the extent permitted by applicable law, NestDivert will not be responsible for losses or costs resulting from:

NestDivert is not responsible for losses that were not reasonably foreseeable when the contract was entered into, except where applicable law provides otherwise.

For purchases made wholly or mainly for business purposes, different rules may apply and liability may be limited to the extent permitted by applicable law.

19. BUSINESS CUSTOMERS

If you purchase NestDivert products wholly or mainly for purposes relating to your trade, business, craft or profession, you are purchasing as a business customer rather than a consumer.

Certain consumer cancellation and protection rights may therefore not apply.

Business customers remain responsible for ensuring that products are suitable for their intended professional use and that installation complies with all applicable laws and professional obligations.

Any separate installer, trade, wholesale or distributor terms agreed in writing will take precedence over these Terms where they conflict.

20. INTERNATIONAL AND EUROPEAN SALES

NestDivert sells products to customers in the United Kingdom, Ireland and other European countries.

Consumer, wildlife, product-safety, tax, customs and installation laws vary between jurisdictions.

Customers and installers must comply with applicable local wildlife and installation laws.

Nothing in these Terms is intended to remove or reduce any mandatory consumer protection that applies under the law applicable to the customer and which cannot legally be excluded or varied by agreement.

For customers in the European Union or European Economic Area, any mandatory rights provided by applicable EU and national consumer law continue to apply.

Where a particular country’s mandatory consumer law provides the customer with greater protection than these Terms, those mandatory protections will apply.

21. PRODUCT SAFETY

Customers should use NestDivert products only for their intended purpose and in accordance with supplied instructions.

Installation at height can involve significant risks. Appropriate access equipment and safe working practices should always be used.

Where professional installation is appropriate, customers should engage a suitably competent contractor.

NestDivert products should not be installed in circumstances where installation would create an unacceptable risk to people, property or wildlife.

If you become aware of a potential safety defect involving a NestDivert product, please stop using the affected product where appropriate and contact us promptly.

22. INTELLECTUAL PROPERTY

Unless otherwise stated, the NestDivert name, branding, product designs, drawings, installation documentation, photographs, graphics, text and other original website content are owned by or licensed to NestDivert.

They must not be reproduced, copied, commercially exploited or distributed without prior written permission except where permitted by law.

23. WEBSITE INFORMATION AND ADVICE

We take reasonable care to ensure that information published on our website is accurate.

However, buildings, installation surfaces and individual circumstances vary, and general website guidance cannot account for every property or installation.

Customers should contact NestDivert before purchasing or installing if they are uncertain about product compatibility.

Where NestDivert provides advice based upon photographs, measurements, descriptions or other information supplied by the customer, that advice is necessarily dependent upon the information provided being complete and accurate.

24. PRIVACY

Personal information is handled in accordance with our Privacy Policy and applicable data-protection law.

Please refer to the Privacy Policy published separately on our website for information about how personal information is collected, used, stored and protected.

25. COMPLAINTS

If you are unhappy with a product or service supplied by NestDivert, please contact us so that we have an opportunity to investigate and resolve the matter.

Please provide, where relevant:

Email: info@nestdivert.com

Nothing in our complaints procedure prevents a consumer from exercising any statutory rights or using any dispute-resolution procedure available under applicable law.

26. GOVERNING LAW AND INTERNATIONAL CONSUMERS

These Terms and Conditions and contracts entered into through the NestDivert website are governed by the applicable law of Northern Ireland, subject to any mandatory consumer protections that apply.

If you are a consumer residing outside Northern Ireland, this choice of law does not deprive you of mandatory protections afforded to you by the law applicable in your country of habitual residence where those protections cannot legally be excluded or varied by agreement.

Nothing in these Terms limits any right a consumer may have to bring proceedings in a court that has jurisdiction under applicable consumer law.

27. CHANGES TO THESE TERMS

We may update these Terms and Conditions periodically to reflect changes to our products, business practices or applicable law.

The Terms applying to an order will normally be those made available to the customer when the order was placed.

28. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

29. CONTACT US

If you have any questions about these Terms and Conditions, product suitability, installation or an order, please contact:

NestDivert

Website: www.nestdivert.com
Email: info@nestdivert.com

If you are uncertain whether a NestDivert product is suitable for your property, or whether birds have already begun nesting activity, please contact us before installation.