Terms & Conditions

Terms & Conditions

Acceptance of terms and conditions and disclaimers

The www.nutmegbeach.com.au website ("the website") is owned and operated by A.B Hohnen and M.C Sandaver Partnership under the A.B.N (78 709 177 850), and trading as "Nutmeg Beach". By accessing or using the Website, you agree to be bound by these terms and conditions ("Terms and Conditions") and acknowledge and accept that you have read and understood all of the Terms and Conditions. Whilst Nutmeg Beach has made every effort to ensure that the information contained in the Website is correct, Nutmeg Beach cannot accept responsibility for any errors or omissions in the information contained on the Website. By purchasing a product from this Website you expressly agree to be bound by these Terms and Conditions.

Nutmeg Beach may vary these Terms and Conditions from time to time and at any time. Such variation will be effective immediately upon it being published on the Website. You are responsible for keeping yourself informed and up to date with any variation to the Terms and Conditions. You accept that by accessing or using the Website subsequent to any variation to the Terms and Conditions that you agree to be bound by and comply with the Terms and Conditions, as varied.

Copyright and trademark

This Website and each part of it (including but not limited to all text, images, product descriptions and other materials) are protected by copyright law. Except where necessary to view the material on the Website, or as permitted by the relevant Copyright Act or other relevant legislation, nothing contained in the Website may be reproduced, copied or re-used, adapted, modified, distributed, uploaded to a third party or linked to without the prior written consent of Nutmeg Beach.

Garment colour and sizing

The colours of our garments may be different to what appears on your monitor. Nutmeg Beach cannot guarantee that the colour displayed on your monitor is accurate. The Sizing chart is only intended to act as a guide as to body sizing and are not intended to represent garment dimensions.

Indeminity and limitation of liability

You hereby agree to indemnify and hold Nutmeg Beach harmless for any losses, liabilities, damages, claims and expenses suffered or incurred by you arising out of or related to your use of the Website. You agree that Nutmeg Beach is not liable to you for any losses, liabilities, damages, claims and expenses arising out of or related to your use of the Website. Nutmeg Beach does not guarantee that the Website will be free from viruses, spy-ware, worms, trojans ("Viruses") and will not be liable for any loss or damage, whether to personal property or otherwise, suffered as a result of or in connection with any Viruses contained on the Website.

Purchase of goods

Any order placed by you via this Website constitutes an offer by you to Nutmeg Beach to purchase a particular product or service for the price (including the delivery and other charges) specified in this Website at the time you place your order. Nutmeg Beach reserves the right to accept or reject any offer for any reason, including, without limitation, the unavailability of any product, an error or omission in the price or the product description, or an error in your order. No binding contract shall be formed unless Nutmeg Beach communicates to you that it has accepted your order and that payment of the purchase price has been confirmed. Advertised prices for products or services are quoted in Australian dollars.  The prices are current at the time they are published on the Website but may change from time to time and at any time at the sole discretion of Nutmeg Beach.

Delivery of goods

Nutmeg Beach retains right and title to the products you order until you have made payment in full for those products. Whilst all efforts are made to ensure the safe and timely delivery of products, you agree that Nutmeg Beach does not bear the risk nor is it liable for loss or damage to the products whilst they are in transit and that the risk of such loss or damage to products passes to you once they are in transit or are in the process of being delivered by the delivery contractor.