These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
The Content on Our Website is for general information purposes only. Furthermore, we do not warrant or make any representations as to any third party products or services described or referred to on Our Website. Any use of the materials or information found on Our Website by another person or organisation is entirely at the user's own risk.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult before you make your purchase.
We are: Nambucca.
Our address is: Shop 3 Nambucca Plaza, Nambucca Heads, NSW, 2448
You are: a visitor to Our Website / our customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Content” means any material in any form published on Our Website by us or any third party.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Goods” means any of the Goods we offer for sale on Our Website.
“Material” means Content of any sort posted by you on Our Website.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website ()
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website.
2.2 In any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall notify you of our acceptance of your order by confirmation e-mail . That is when our contract is made. Our confirmation e-mail will also confirm details of your purchase. You will also be notified by e-mail when we have despatched your order.
2.4 We may change these terms and conditions from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. It is your responsibility to check Our Website regularly for updated versions of these terms and conditions.
2.5 Wherever possible we will ensure we have sufficient stock to meet our expected orders and update the Content on Our Website when Goods are no longer available. Unfortunately, we cannot guarantee that we will always have sufficient stock of the Goods advertised on Our Website.
2.6 If we do not have all of the Goods you order in stock, we may offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer; or
2.6.2 cancel all or part of your order;
2.7 In the event you cancel all or part of your order, pursuant to clause 2.6.2 we will credit your credit or debit card for the relevant order amount as soon as reasonably practicable but in any event no later than 30 days from the date we confirmed cancellation of your order.
2.8 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms and conditions will still apply.
3 Your account with us
3.2 If you use Our Website, you are responsible for maintaining the confidentiality of your login details and password.
3.3 You agree to accept responsibility for all activities that occur within your account. If you feel your account has been accessed without your authority, please contact us immediately. We also recommend that you log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website at our sole discretion.
4 Price and Payment
4.1 All prices for Goods listed on Our Website are in Australian Dollars. All orders must be paid for in Australian Dollars.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.3 All prices listed on Our Website are inclusive of the Australian goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999.
5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. It is your responsibility to ensure that someone is present to accept delivery of your order.
5.2 If we are unable to deliver your order after two attempts by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have been unable to contact you after 10 days from the first time we attempted delivery, we will cancel your order and refund money paid by you for the Goodsless any charge for delivery.
5.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
5.5 Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.
6 Cancellation of order
6.1 In addition to your rights under clause 8, you may cancel your order for any reason ;
6.1.1 prior to the Goods being despatched; or
6.1.2 within 30 days of delivery of the Goods to you.
6.2 Details of our after-sales service and guarantees, if any, are given on Our Website / in our catalogue.
6.3 If you cancel your order in accordance with clause 6.1.1, we will refund to you the price of the Goods and the cost of delivery, if any.
6.4 Subject to clause 6.5, if you cancel your order in accordance with clause 6.1.2, , we will refund the price of the Goods only and will not refund any of the costs of delivery of the Goods.
6.5 The option to cancel your order as set out in clause 6.1 is not available if the Goods are:
6.5.2 made or altered to your specification;
6.5.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened; or
6.5.4 newspapers or magazines.
6.6 If you cancel your order in accordance with clause 6.1.2, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
6.7 You are responsible for the cost of returning the Goods cancelled in accordance with clause 6.1.2.
6.8 To assist us in identifying your Goods on receipt by us, please ensure that you follow the procedure for return of Goods set out in clause 8.
6.9 For Goods returned in accordance with clause 6.6, we will refund the order cost less any delivery charges within 30 days following receipt of your returned Goods.
6.10 Notwithstanding any other provision contained herein, nothing in these terms and conditions shall be construed as removing, restricting or modifying the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law or otherwise in the Competition and Consumer Act 2010) .
7 Foreign taxes, duties and import restrictions
7.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
8 Faulty Goods
8.1 Provided you contact us within a reasonable time from when you received the Goods, we will refund all of the purchase price for Goods which you believe are faulty once returned to us in accordance with the instructions set out in this clause 8.
8.2 To do this, it is essential that you follow the instructions below.
8.3 You must tell us by email message to Shop 3 Nambucca Plaza, Nambucca Heads, NSW, 2448 or by letter to our land address at the top of these terms and conditions, that you would like to return the Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or fault. . We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to confirm your return and refund your money.
8.4 The Goods must be returned to us as soon as any defect or fault is discovered.
8.5 So far as possible, Goods should be returned:
8.5.1 with both goods and all packaging as far as possible in their original condition;
8.5.2 securely wrapped;
8.5.3 including our delivery slip;
8.5.4 should the product be faulty or defective on arrival, we will offer you, full replacement or full refund including postage.
8.6 For the avoidance of doubt, nothing in this clause 8 shall be construed as removing, restricting or modifying the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law or otherwise in the Competition and Consumer Act 2010).
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you could bring to our immediate attention, any that you find.
9.3 To the full extent permitted by law, we give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose;
9.3.2 the truth of any Content on Our Website published by someone other than us;
9.3.3 any condition, merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; or
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
10 Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights shall remain the sole property of us and / or the other content providers. We will strongly protect those rights in all countries.
10.3 You may not use our name, logos or trade marks or any other Content on any website of yours or that of any other person.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 Subject to the other terms of these terms and conditions, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11 Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12 System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from Our Website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting of any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or organisation.
14 Miscellaneous provisions
14.1 When we communicate with you we will usually do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide Goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those Goods or service.
14.3 Nothing in these terms and conditions or on Our Website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 These terms and conditions shall be governed by and construed in accordance with the law of Australia. These terms and conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.