Terms & Conditions
- By accepting these Terms or using our Website, you represent and acknowledge that you are over 18 years of age. If you are purchasing items through our Website, you agree that these Terms apply to each order you place. If you are entering into these Terms on behalf of another entity, you do so represent that you have the authority to bind that entity to these Terms. If you do not have the authority or do not agree to these Terms, you are not permitted to use the Website or services. We reserve the right to change these terms at any time without notice. Your continued use of the services and Website will amount to acceptance of any updated Terms.
- Using the Website:
- You are 18 years old or above and you have read and understood them and agree to be bound by these Terms.
- All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the Nash’s BBQ & Fire website.
- Online Orders:
- Full Payment for products must be made at the time of purchase.
- Occasionally, certain goods may be out of stock or be subject to long lead times. The availability listed on each product page is an approximation only and is subject to change. If we are unable to fulfil your order, we will refund you the balance paid.
- Delivery and installation fees will depend on where your order is being delivered, the size of the package and the weight. Products bought online can only be delivered within Australia. It is the customer’s responsibility to ensure that the correct delivery address, contact number(s) and email address are provided to Nash’s BBQ & Fire.
- Someone aged over 18 must be present and able to accept the delivery at the delivery address supplied by the customer. Nash’s BBQ & Fire utilises various courier and installation services. All reasonable efforts will be made to ensure your delivery service occurs in a timely manner. Unforeseeable circumstances may impact delivery within the agreed timeframe.
- If goods are ordered on a “Click and Collect” basis (the customer is to attend the store physically to receive the goods), full payment is to be made prior to Nash’s BBQ & Fire preparing the order. This can be processed through the checkout page, or you will receive a phone call from Nash’s BBQ & Fire to complete payment. Once goods are ready for collection, the customer will be notified via phone call, and will have a period of 14 days to collect the items. Nash’s BBQ and Fire reserves the right to charge storage fees (at current market prices) for Click and Collect orders that have not been collected within 14 days of being marked “Ready for Collection”
- Risk and liability in goods pass to you at the time of delivery of the Goods to your nominated address/at the time of collection from the store.
- We use standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses caused if a member’s card is used fraudulently.
- Pricing:
- All prices listed on the website are in Australian Dollars unless otherwise specified.
- All prices on the website include all applicable taxes unless otherwise specified.
- All prices on Nash’s BBQ & Fire website are subject to change without notice.
- Prices for items on your order are fixed once your order has been confirmed, subsequent price changes either up or down will not be retroactively applied to confirmed orders.
- You agree to pay delivery charges as they are calculated and listed in the order confirmation at the time of purchase.
- In the case of a pricing error, Nash’s BBQ & Fire reserves the right to cancel unfulfilled orders and provide a refund of the balance paid.
- Any contract of sale you enter into with Nash’s BBQ and Fire is subject to cancellation by Nash’s BBQ & Fire without penalty or compensation beyond the balance originally collected from the customer.
- Refunds Policy:
- The following policies apply to all goods and services purchased from Nash’s BBQ and Fire, both online, instore, and over the phone. For the avoidance of doubt, purchases made through any other channel than listed above will also be subject to the following policies.
- Consumers have rights under ACL that cannot be excluded. See “Warranties” section for more information.
- Refunds can be processed under three categories;
- “Faulty/Damaged Goods” – this applies when a product received from Nash’s BBQ and Fire has a defect immediately present. In this instance, a refund or store credit/exchange are both permitted. We request you advise us of damage to a purchase within 7 days of receipt.
- “Warranty Claim” – this applies when a product that is within the manufacturer’s warranty period has a major defect occur that renders the product unusable and unrepairable. In this instance, at our absolute discretion, except when required by law, we will provide either a replacement product or a refund. We request that you report the warranty issue immediately upon discovery, and allow us a period of 2 weeks from the time of reporting to arrange replacement/write off with our suppliers.
- “Change of Mind” – this applies when the refund request does not meet the requirements of either of the other two categories. We will, at our absolute discretion, accept a change of mind return, provided:
- The product is in new and saleable condition, with no damage to product or packaging. The packaging must be unopened and the product unused.
- The consumer, at their own cost and risk, returns the product to Nash’s BBQ and Fire within 14 days of receipt
- We deem that the consumer is acting in good faith and that the return does not constitute abuse of the refund policy.
If the above conditions are met, we will provide a refund to the initial payment method used to purchase the product. We reserve the right, except where required by law, to refuse any refund/return under the “Change of Mind” category.
- Warranties:
- Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law:
- Consumer: The following only applies if you are a “Consumer” as defined in Section (3) of the Australian Consumer Law. It may not apply in your particular case.
- Consumer Guarantees: Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
- Where allowed by law, Nash’s BBQ & Fire may direct a customer’s warranty claim or enquiry to the manufacturer/supplier of the goods, or require approval from the product manufacturer/supplier prior to providing warranty service/replacement.
- Unacceptable content:
- To ensure that using Nash’s BBQ & Fire website is a pleasant experience for everyone, you are prohibited from posting or uploading any material on the website that:
- violates any laws or is false or misleading;
- is threatening, abusive, defamatory, obscene or indecent;
- infringes any third-party rights including copyright, trademarks or other intellectual property rights;
- distributes viruses or any other technologies that may harm the Nash’s BBQ & Fire websites, the interests or property of Nash’s BBQ & Fire users;
- imposes an unreasonable load on our infrastructure or interferes with the proper working of the Websites;
- copies, modifies, or distributes any other person’s content without their consent;
- uses any robot, spider, scraper or other automated means to access the Nash’s BBQ & Fire website and collect content for any purpose without our express written permission;
- harvests or otherwise collect information about others, including email addresses, without their consent;
- bypasses measures used to prevent or restrict access to the Websites.
- Privacy:
In order for you to receive the full benefit of our goods and services, we will need to collect and use your personal information. Our policy regarding the collection, handling and use of personal information is set out in our Privacy Policy which you accept by using the Website. To read our privacy policy click here. - Disclaimers:
- Neither Nash’s BBQ & Fire nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of the Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
- You use the Website at your own risk.
- Neither Nash’s BBQ & Fire nor its related companies represent or warrant:
- that your use of the Nash’s BBQ & Fire website will meet your requirements;
- that your use will be uninterrupted, timely, secure or free from error;
- the accuracy of any information obtained by you as a result of your use of the Nash’s BBQ & Fire website, and
- that defects in the operation or functionality of any part of the Nash’s BBQ & Fire website will be corrected.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
- Nash’s BBQ & Fire excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
- Electronic Funds Transfers (EFT): require approximately two (2) business days before funds are cleared and the payment is confirmed as having been received. The estimated lead-time is an approximation only and is subject to change.
- Choice of Law/Forum: These Terms are governed by and construed in accordance with the laws of the state of New South Wales, Australia.
- Enquiries: For all enquiries related to your order, including delivery, lay-by or product support matters please contact the concierge team as per below.
Nash’s BBQ & Fire,
Shop 13/18 Victoria Ave,
Castle Hill, NSW, 2154
02 8700 1288 – castlehill@bbqandfire.com
