1.1 In these terms and conditions:
"Account" means the personalised account created by the Customer on the Website enabling the Order of Goods.
"Agreement" means these terms and conditions, including the terms of any Order placed by the Customer through the Website (if applicable).
"Business days" means business days in Brisbane, Australia.
"City Beach" means Fewstone Pty Ltd ACN 010 496 465 trading as City Beach.
"Customer" means any person or persons who wish to or have used the website to place an Order.
"Goods" means any products described in an Order and includes packaging.
"Intellectual Property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
"Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
"Order" means a request submitted by the Customer to purchase Goods from City Beach through the Website.
"Restricted Material" means any product displayed for sale on the Website, the sale of which is restricted to persons of a certain age.
"Website" means the internet site located at www.citybeach.com.au operated by City Beach.
1.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
2.1 The Customer must ensure that the Customer enters the correct delivery address as parcels which are returned to City Beach as undeliverable will incur a re-dispatch fee. Freight charges paid for the original dispatch are not refundable.
2.2 Depending on the nature of the Goods ordered, City Beach will arrange for delivery of the Goods by Australia Post or a courier. City Beach will use its best endeavours to deliver the Goods to the Customer’s nominated delivery address within the time period specified at the time of placing the Order, however City Beach will not be liable to the Customer or anyone else for any losses suffered or incurred due to delay.
2.3 If the Goods are delivered by courier or, the Customer’s parcel will be delivered during normal business hours. Upon delivery, the Goods must be signed for. If a signature cannot be obtained at the time of delivery, a card will be left informing the Customer of how to collect the Customer’s parcel during normal business hours. Parcels will be held by the delivery service for their maximum hold time. Should the Customer not respond to a calling card and the parcel is returned to City Beach as unclaimed, further freight charges will be payable for re-dispatch. Freight charges paid for the original dispatch are not refundable.
2.4 Once the Goods have arrived in City Beach’s warehouse, it will take another 3 days for processing and dispatch. Once the Order has shipped, the Customer will receive an email confirmation.
2.5 For deliveries within Australia, the Customer should allow for standard Australia Post delivery times. The estimated delivery date depends on where the Customer lives, and is calculated from the time the Customer receives the “Order Dispatched” email and not from the time the Order was placed. The following are estimates only, and are based on information provided by Australia Post:
Standard mail – 7 to 10 business days
Express post – 2 to 4 business days
2.6 The Customer should allow for a further 2 days (in addition to the above) for delivery to regional areas.
2.7 The delivery dates are estimates only. City Beach will do all that it can to ensure delivery within the estimated dates, but factors such as public holidays and peak delivery times may not allow this to always be possible.
2.8 If the Customer’s Order cannot be dispatched within 3 business days of the Order being placed, the Customer will be advised and will be offered the opportunity to cancel the Order or modify the Order (in the event of lack of availability of particular Goods). If the Order is not cancelled, the Order will be dispatched as soon as the items are available.
2.9 City Beach reserves the right not to accept an Order, or having accepted an Order, to cancel an Order if it cannot supply the Goods the subject of the Order.
3.1 Subject to the terms of any Order, City Beach will only ship Orders when all items on the Order are available for dispatch. The Customer may be asked if City Beach can deliver part only of and Order in which case City Beach may do so.
3.2 Where there has been a significant delay in supplying outstanding items, City Beach may split Orders and dispatch available items at no extra cost.
4.1 For all Customers whose delivery address is within Australia, a delivery fee per order of $9.95 will be charged to the Customer for regular shipping. Express shipping will be an additional charge. If the weight of Goods the subject of an Order exceed 20 kgs an additional delivery charge will be made based on such excess.
4.2 The Customer will be able to see the freight costs at the checkout stage, before finalising the Order payment.
4.3 If required by City Beach, the Customer must pay to City Beach the delivery fee (or such other fee as may be specified by City Beach) in respect of each Order.
4.4 If the Order includes Restricted Material in respect of which the law prescribes a minimum age to the purchase, the Customer must ensure that a person over the age of 18 years (or such other minimum age as is prescribed by the law) is available to accept delivery of these Goods.
5.1 Subject to City Beach’s return policy, City Beach will take all reasonable care to appropriately pack all Orders, but will not be liable or responsible for any damaged Goods or missing Orders.
6.1 Subject to payment, property and risk in the Goods passes to the Customer upon delivery of the Goods to the Customer’s nominated delivery address. Anyone at the Customer’s nominated delivery address who receives the Goods shall be presumed by City Beach to be authorised to receive the Goods.
8.1 FREE Express shipping on orders over $10 only applies to orders made within Australia.
8.2 For deliveries within Australia, the Customer should allow for express Australia Post delivery times. The estimated delivery date depends on where the Customer lives, and is calculated from the time the Customer receives the “Order Dispatched” email and not from the time the Order was placed. The following are estimates only, and are based on information provided by Australia Post:
Express mail – 2 to 4 business days
8.3 FREE Express shipping is subject to change at City Beach's discretion.
At City Beach we’re trying to be more reliable than Santa in delivering your presents this Christmas. We are working with Australia’s best shipping providers and working around the clock to make sure this happens. Check out the below guide on when you can expect to get your goods this Christmas.
City Beach recommends getting in early this year to make sure you don’t miss the boat. The below is merely a guide only. Happy shopping and Merry Christmas
Express Shipping 1-3 business days, order before 3pm on December 19th
Standard Shipping 5-7 business days order before December 14th