1.1 Our website, www.nuebar.com (the “Site”) allows you to browse and order goods from NueBar Pty Ltd ACN 629 892 468 (“us”, “our” or “we”). These conditions apply to your use of the Site and ordering products from us and you agree to them.
1.2 Please read these terms and conditions before you use or buy from the Site. You have to be over 18 years old to use our Site. If not, please ask your parents for their permission.
2. Changes to terms and conditions
We might change these terms and conditions at any time, and those changes apply to you from when we post them to the Site.
3.1 All of the information on our Site is given in good faith and on an "as is" basis. Unfortunately, we can’t give any warranties about the accuracy of the information all the time as honest mistakes do happen and when an honest mistake by us does happen, you agree that you won’t sue us.
3.2 Please understand that all illustrations, drawings and photos contained on the Site are only samples and might vary slightly compared to the product you actually receive.
By using our Site or ordering Products from it, you agree that all of the trademarks, images, logos, names etc are our property, protected by law and you can’t use them for your own commercial purpose or profit.
5. Website viruses
No website is guaranteed to always be free from any computer virus. We can’t guarantee that this website is virus-free and if that is the case, you acknowledge that your computer might be infected with a virus. If that happens, we will not be responsible to you or anyone else for any damage caused because we didn’t intentionally put the virus on our website. You agree that you’ll regularly scan your computer for viruses.
6. Site links
Our Site might contain links to other websites that are not created or operated by us. Please note that these links are for the purpose of our advertising revenue and we don’t recommend, advocate or endorse those other websites in any way. It is completely up to you whether or not to click those links and you take responsibility for doing so.
7. Account registration
7.2 You can only set up one active account, and that account cannot be used by anyone else. You can update or close your account, at any time.
7.3 If you choose to use a work email address for your account, you’ll be responsible for making sure that you follow the rules of your work and you can’t cancel an order just because it is from a work email address.
8. Buying products
8.1 You can buy products from us by making an order through the Site.
8.2 Any order made by you through will be an offer by you to buy the particular product for the price shown (including the delivery and other charges) at the time you place your order.
8.3 Before we process your order, we might need some additional details or ask you to confirm certain details and you agree to give us those details when we ask for them.
8.4 Sometimes due to limited stocks, we’ll be forced to limit the amount of products you can buy. If that happens, we’ll make that clear on our Site.
9. Acceptance or rejection of orders
9.1 Sometimes, we’ll be forced to reject orders if we run out of stock ourselves or if we make an innocent mistake and quote the wrong price for a product or we make a mistake in how we describe it on the Site.
9.2 If we reject your order, we’ll take all reasonable steps to advise you of that rejection.
Please note that delivery times for products you order vary due to a number of different circumstances. Products may take up to ten (10) working days from the receipt of your payment to be delivered to you and delivery times depend on product and courier availability.
11. Product prices, fees and charges
11.1 The prices for products and delivery charges displayed are current at the time of publication but we retain the right to change prices and fees at any time before we accept any order from you if we have to.
11.2 All prices, fees and charges shown on the Site are in Australian Dollars.
11.3 If a delivery is made by a courier, products can’t be delivered to an unattended or a vacant address. All courier deliveries require a signature from an occupant at the delivery address. If no one is available to sign for the product, a card will be left at the delivery address and the parcel redirected to the nearest courier depot. If that happens, you’ll be responsible for any extra costs or collecting it or having it re-delivered.
12. Your obligations to us
By using the Site or buying a product, you confirm that:
12.1 all of the information provided by you to us is true, accurate, complete and up to date;
12.2 the person receiving your goods at any delivery address is authorised by you to receive the Products;
12.3 you have abided by all laws relating to your use of the Site and your ordering from us;
12.4 you will make sure that your password and login in details are kept safe and secure and you will tell us as soon if you become aware that someone is using your login or password;
12.5 you will advise us of all changes to your account information;
12.6 you agree to be responsible for any other person who uses your password to order products;
12.7 you agree that you will not:
(a) use the Site to break any laws, codes, regulations or interfere with a third party’s rights;
(b) use the Site in a manner or post to or transmit to or via the Site anything, which defames, harasses, threatens or offends any person and if that happens, we can immediately suspend or terminate your access to the Site;
(c) make any fraudulent enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission;
(e) post or transmit any obscene, indecent, inflammatory, racist or pornographic material;
(f) hack or tamper with the operation of the Site;
(g) knowingly send us viruses, malware, defects, trojans or similar disabling or malicious code;
(h) use any robot, site search and retrieval application to index the Site or any part of it;
(i) modify, adapt or reverse engineer any part of the Site;
(j) remove any copyright, trade mark or other rights contained in or on the Site;
(k) create an account by automated means;
(l) use the Site to engage in any form of illegal conduct;
(m) use the Site other than in accordance with these terms and conditions; or
(n) attempt any of the above.
13. Warranties and liability
13.1 We accept liability for all guarantees and warranties under the Competition and Consumer Act 2010, or other applicable legislation (Fair Trading Acts in all relevant States and Territories) the effect of which we cannot exclude. However, where we are allowed to do so, we will only (as we choose):
(a) in the case of our supply of services, resupply them or pay you for the resupply; and
(b) in the case of product(s), replace the product, supply equivalent product, repair the product or pay you for the cost of replacing or purchasing equivalent product.
13.2 Where we are allowed to do so by law:
(a) we do not warrant, represent or guarantee the suitability of the Site or any one or more products for any particular purpose or use; and
(b) we will not be liable to you for any indirect losses or damages (including lost revenue, lost profits, expected profits, savings or any other financial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to with Site or any product.
13.3 Our liability to you for loss or damage of any kind arising out of this agreement will be lowered to the extent that you cause or contribute to that loss/damage. This reduction applies whether our liability arises from contract, tort (including negligence) or under any statute or legislation.
14.1 You agree that you accepted all product from us unless you notify us in writing (by email, or fax) within 14 days of delivery to you that you reject them and give us clear reasons for your rejection.
14.2 We will accept product returns and provide you with a replacement product(s) (provided we have stock available) or an exchange voucher, refund or repair where (as we decide) the product delivered to you:
(a) is faulty or not of merchantable quality, or
(b) is not fit for its intended purpose, or
(c) does not match the description on the Site.
14.3 If you receive a defective product from us as described above, please contact us on +61 1300 288 829, we are available Monday 9am to Friday 5pm EST or email us at Gday@Nuebar.com and we will help you. When you email or call us, please have the following details ready:
(a) your order number;
(b) a description of the problem;
(c) photograph(s) of the product as delivered to you showing the damage or other problem; and
(d) your name and current contact details.
14.4 We will then assess your request and issue you with a return authorisation number if we accept the return and we will send you return instructions at that point in time. If we believe that the complaint described requires clarification, we may contact you to discuss your claim in further detail.
15. Termination or suspension of your account
We will be allowed to end this contract without either you being at fault at any time by first giving you notice. For example, we may immediately suspend, terminate or restrict your access to and/or use of the Site or account if we suspect that you have committed or intend to commit a fraudulent act or you breach these terms and conditions or we have an emergency situation and need to do so.
16. Personal injury disclaimer
16.1 Please note that all videos, images, diagrams, drawings and photographs posted on the Site may depict activities performed by trained, qualified professionals. If that is the case, you agree not to attempt any of those activities unless you have:
(a) obtained advice from qualified experts and/or professionals;
(b) followed all laws and regulations applicable to that activity; and
(c) used safe and best-practices for performing the activities.
16.2 You agree that all video content on the Site is intended to be for information only and we don’t promise that the content is accurate or complete.
16.3 Subject to any laws that apply, we exclude all liability (including in negligence) for any loss, cost, damage, expense, injury, death, fine, suit, or any other penalties or imposts suffered, incurred or made against you as a direct or indirect result of your access and use of the Site and its contents.
17.1 If the whole or any part of this contract is declared by a court or a tribunal to be illegal, void or unenforceable in any jurisdiction, this contract or that part of it which is in dispute is severed for the purpose of that jurisdiction and the remainder of this contract will continue to apply, will continue to be binding and to have full force and effect and the validity or enforceability of that provision in any other jurisdiction, will not be affected.
17.2 This contract is governed by the law of Australia and each party submits to the exclusive jurisdiction of the courts of that place.