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Terms of Use

These Terms (including our Privacy Policy and Returns Policy apply to the use of our website (www.northbeach.co.nz) (Website), including the use of the information and material contained on or accessed through this website or any linked website, purchases from our Website and participation in our database and promotions.  Please read these Terms, our Privacy Policy and Returns Policy carefully. If you do not accept these Terms, our Privacy Policy and Returns Policy, you must not use our Website or purchase products from us.  These Terms supersede any other agreement, terms or conditions (written or otherwise) included with any purchase order.

In these Terms the expressions us, we, our and North Beach (including northbeach, NorthBeach and NORTHBEACH) are a reference to North Beach Online Limited, reference to you is the Customer and the reference to Linked Website is a reference to a website that can be accessed through our Website.  

Order Acceptance Policy

When you place an order with us, you are making an offer to buy products.  We will send you an email to confirm we have received and accept your order, which means a contract has been made between us.  Payment is required for your order at the same time as placing the order.  

Notwithstanding the above, in the event that products are no longer available or there is insufficient stock to fulfil your order, we will supply those products which are available and refund the balance of your payment (for products which we can not supply) to the account which it originated from.  An email confirmation of the refund will be sent to your email address supplied when making the order.  

North Beach is a reseller to end user customers and does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by North Beach.  We reserve the right to refuse or cancel any orders that we believe, in our sole discretion, to be placed for commercial purposes e.g. from any reseller (including but not limited to a dealer, exporter, wholesaler).  

We also reserve the right without liability to refuse and/or cancel any order (whether it has been confirmed or payment has been received) for any reason whatsoever.  Upon cancellation of an order we will make all reasonable attempts to contact you using your details provided. All monies received will be refunded to the account which it originated from.

Pricing

All prices listed on our website are in New Zealand dollars and are inclusive of Goods and Services Tax.  If you are an overseas Customer the amount you are charged on your credit card for products may vary according to the currency conversion on the day of your purchase or the date of the charge to your credit card.  

All prices are correct at time of publication, however we reserve the right to change prices at any time without notice.  If this should happen after we have accepted your order, we will contact you prior to processing your order.

In addition to the price for products, delivery charges may incur at the checkout when completing your order.  If products are being sent overseas there may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total.

Prices may differ between our online store and in store prices.  

We reserve the right without liability to withdraw any products from sale without notice, for any reason.

Payment Options

We accept payment from the following credit cards:  Visa and MasterCard.  

All payments via our Website are processed using Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. We refer you to our Privacy Policy for more information regarding SSL.  

Delivery

At this time, we only deliver to New Zealand and Australian addresses.  

We will endeavour to dispatch all orders within 1-2 working days of receipt of order to the address advised by you in your order.  

To ensure successful delivery, please provide a delivery address where someone will be present during business hours to sign for the receipt of your package.  Post Office Box addresses are not accepted.  

It is our policy that a signature is required for all deliveries.  If you choose not to have a signature for deliveries, you do so at your own risk.  Upon delivery to you (signature or otherwise), you assume all risk and responsibility for the products.  North Beach accepts no responsibility for any damage or theft that may occur following delivery to you.

Any delivery times provided by North Beach are estimates only. North Beach does not accept any liability in any circumstances for any loss or damage suffered as a result of late deliveries.

In the event that multiple products are ordered, part deliveries may be made where stock is not available for all products and we will make all reasonable attempts to notify you of such.

Charges - Some overseas deliveries and/or heavy/bulky products will be charged an additional shipping rate. In most cases the prices quoted at checkout will be correct, but in some cases additional freight charges may be required. Our customer service team will contact you if this is the case and you must agree to these extra charges before the order can be shipped.

Bulky/Heavy orders can sometimes take 1-2 days extra for delivery, so please factor this into any orders for large items.

North Beach reserves the right to change the shipping method of any order as required.

Within NZ

Orders placed before 2:00pm New Zealand time should be received between 1-3 working days of dispatch. Rural areas should take no more than 5 business days.

Please contact our customer service department if your order has not been received within the recommended timeframe so that we can track the package sent to you.  

International

Orders placed before 2:00pm New Zealand time should be received within 1-3 working days of dispatch.

If you are not home to sign for your delivery the driver will leave a card to arrange a more appropriate time for the delivery. In most cases the driver will attempt to deliver the parcel on 3 separate occasions, but if no delivery can be made after this time the order is normally returned. North Beach takes no responsibility for this process and any returned orders will incur a NZD$9.99 service fee to be shipped again.

Change of Address

The shipping address for your order is to be supplied and confirmed at the checkout and in the order and shipping confirmation emails from us. In the event that an incorrect address was entered, you must notify us of any address changes immediately. North Beach cannot accommodate any address change requests received after the products have been dispatched.

North Beach does not accept any liability in any circumstances for orders shipped to an incorrect or invalid address provided by you.

International Customs Charges

Any orders which are to be shipped overseas may incur a customs or import duty charge. North Beach does not have any control over these charges and is unable to advise what such charges will be.  For further information, please contact your local customs office.

Any and all charges are to be paid by the Customer on delivery of order. North Beach will never pay these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, we will not accept a return of the products.  North Beach will not be held responsible for any loss or damage which you may suffer as a result of this occurrence.

Upon completing a customs form to send products to you, we will not mark to package as a gift in order to bypass or reduce any customs fees. This is an illegal practice and as a reputable business we will not do this.

Faults

You are responsible for inspecting the products for fault and notifying us within 5 working days of receiving the products should there be a fault. Please see our Returns Policy

Returns

Please visit the Returns Policy for full details on the return process.

Warranties and Repairs

We are committed to honouring statutory conditions and warranties to the extent they are implied under the Consumer Guarantees Act 1993.  

Copyright

Copyright in this Website (including text, photographs, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994, and except as expressly authorised by these Terms, you may not in any form or by any means: 

  1. Adapt, reproduce, store, distribute, print, display, perform, publish, use or create derivative works from any part of this Website; or 
  2. Commercialise any information, images, products or services obtained from any part of this website, without our written permission.

You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this site and for no other purpose. 

All rights not expressly granted herein are reserved.

Errors and Omissions

We endeavour to ensure all information on our Website is accurate, however errors and omissions may occur.  We cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date.  For example (but without limitation):

  • prices and colours of products may change, and all products are subject to availability;
  • variations to products may occur from time to time.

In the event of an error (including if a product is listed at an incorrect price or with incorrect information), we reserve the right, without liability, to refuse or cancel any orders. We do not accept any liability (direct or indirect) for any loss or damage which may directly or indirectly result from any advice, information or omission whether negligent or otherwise, contained on this Website.  

If your order is cancelled by North Beach but your credit card has already been charged for the purchase, North Beach shall immediately issue a credit to your credit card account in the amount of the charge less any charges payable by you.

Links

This Website may contain links to other sites on the Internet that are owned and operated by third parties.   The Linked Websites are provided as convenience for you and do not imply that we endorse, check or approve of the third party sites.  North Beach is not responsible for the operation of or content located on or through any such Linked Websites.

Promotions

Promotions, discounts and promotional codes (collectively "Promotions") are valid for the time specified in the terms and conditions of those promotions for online purchases of merchandise only and may only be used once unless otherwise stated.

Promotions designed to be a "once off" promotion must be used in its entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

Promotions cannot be applied to pay for gift certificates, shipping, GST or duties or similar services.

Promotions cannot be applied retrospectively to orders already placed or to orders that have been adjusted.

For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

For promotions where you must buy 1 (or more) product(s) to obtain a reduction on the second (additional) product(s), the discount will be applied at checkout to the lower priced item.

If merchandise was purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the price actually paid for the product and, if the Promotion has expired, it cannot then be applied to a replacement or future order.  For example, if you receive 30% discount and you return a product, you will only be refunded the amount which you actually paid, not the full price for the item.  

If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.

Promotional items are available only while supplies last; North Beach does not issue rain checks for out of stock products.

North Beach can, at its sole discretion, extend or terminate a Promotion at any time.

North Beach has no obligation to advise an entrant of an incomplete or incorrect entry.

Colour Representation

Whilst we try and ensure all details and descriptions which appear on the website are accurate, colour descriptions are a representation only. The reproduction of colour is as accurate as the photographic and production process will reasonably allow and we have made every effort to display an accurate representation of each product's colour. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display will accurately reflect the colour of the product that's delivered to you.

Disclaimer

Limitation of liability: Notwithstanding any other provisions in these Terms, to the maximum extent permitted by law, we do not accept responsibility, and we are not liable, for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Websiteor any Linked Website.

Warranties: Notwithstanding any other provisions in these Terms, to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to the supplying of the products again where such legislation gives us that right.

Specific warnings:  You must ensure that your access to and use of this Websiteor any Linked Websiteis not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website or any Linked Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Linked Website.

Indemnity:  You indemnify us and our officers and employees against any claim by a third party or any loss, costs, damages, expenses (including all legal costs and expenses incurred on a solicitor/own client basis) we incur and all actions, suits, claims, demands and other proceedings whatsoever or howsoever made or brought against us, as a consequence of:  (a) your breach of these Terms; (b) your use of your hyperlinks to our Website; or (c) your use of this Website or any information or material which is made available to you through this Website.  

Children

As per our Privacy Policy no one under the age of 13 years is permitted to provide information via our Website.  Minors under the age of 18 years are not permitted to make purchases without parental consent.

Privacy

Please refer to our Privacy Policy

Prohibitions

You must not: 

  • attempt to or otherwise damage, interfere with or introduce anything (including a virus) to this Website or any network or system underlying or connected to this Website, or act in any other way that compromises this website or any network or system underlying or connected to them;
  • use this Website or any information or other material from this Website, for any commercial purposes.

Jurisdiction

These Terms and this Website are governed by, and are to be interpreted in accordance with, the laws of New Zealand.  

Changes to these Terms

We reserve the right to alter, modify or update these Terms at any time, and it is your responsibility to monitor our website for changes.  Accordingly, while these Terms apply to this order, please do not assume the same terms will apply to future orders.  You can view the most current version of these Terms at any time on our website.  

General

If you breach these Terms, your right to access and use this Website shall cease immediately.

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.

Online purchases are unable to be included in the North Beach VIP program

Store credits are unable to be used Online

Last updated 30 November 2012.