Terms of Use

Welcome to the TommyBahama.com.au website (the “Website”), which is owned and operated by Tommy Bahama Australia Pty Ltd (ACN 158 639 064) (“Tommy Bahama”, “we”, “us” and “our”). Please review the following terms of use that govern your use of the Website and purchases you make online (the "Terms").

Please note that your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please leave this Website immediately. Tommy Bahama may revise these Terms from time to time, without prior notice, so you should visit this page periodically to review them. Each time you make an order on our Website, the current Terms at the time of your purchase apply to your order.

Our Privacy Policy (https://www.tommybahama.com.au/pages/privacy-policy) and other terms referenced in the Terms also apply to you. You should ensure you read these terms carefully.

1. USE OF THE WEBSITE AND CUSTOMER REVIEWS AND CONTENT

You must not misuse our Website, or use it in any way that infringes the rights of anyone else, or spam or introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our Website. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website, or crawl, frame, edit or broadcast our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

We may report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, any rights granted to you to use our Website will cease immediately. 

We welcome your comments and input about our Website and products, including any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively “Content”).

If you submit any Content to Tommy Bahama, you represent and warrant that:

• you are the sole author and owner of all intellectual property rights thereto;
• you waive all "moral rights" that you may have in such Content;
• all Content that you post is accurate;
• your Content does not violate these Terms;
• your Content will not cause injury to any other party;
• your Content is not false, inaccurate or misleading;
• your Content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• your Content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• your Content will not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• you were not compensated or granted any consideration by any third party for submitting your Content;
• your Content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
• your Content is not subject to any confidentiality obligations, nor will Tommy Bahama be subject to any confidentiality obligations on account of your Content;
• your Content does not contain any computer viruses, worms or other potentially damaging computer programs or files.

For any Content that you submit, you grant to Tommy Bahama a perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to Tommy Bahama to all copyrights, patent rights, and other intellectual property rights in the Content to use, copy, modify, delete in its entirety, adapt, reproduce, disclose, publish, translate, perform, communicate to the public, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world for any purpose without compensation to you.

For this reason, you should not send us any Content that you do not wish to license to us, including without limitation, any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.

All Content that you submit in relation to a review may be reviewed, revised, posted, or otherwise used by Tommy Bahama at Tommy Bahama's sole discretion. Tommy Bahama reserves the right to change, condense or delete any content on Tommy Bahama's website. Tommy Bahama does not guarantee that you will have any recourse through Tommy Bahama to edit or delete any content you have submitted. You acknowledge that you, not Tommy Bahama, are responsible for the contents of your submission.

This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

2. WEBSITE CONTENT AND ORDERS

Please understand that we try to display the products featured on our Website accurately. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, will affect the colours you actually see on the screen. Tommy Bahama is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. Click here for our Return Policy.

By placing an order on our Website, you authorize your wireless carrier and/or telecommunications service provider to use or disclose information about your account and your wireless device, if applicable, to Tommy Bahama or its service providers for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information for this reason at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation due to an errors, inaccuracies or omissions. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you.

3. ORDER AND CONTRACT FORMATION

When you place an order via our Website, you will receive an order confirmation email confirming receipt of your order. This email will only be an acknowledgment of your order and will not constitute acceptance of your order.

A contract between you and us will not be formed until we send you confirmation by email that the products which you ordered have been sent to you (Dispatch Email: guestservices@tommybahama.com.au). Only those goods listed in the Dispatch Email will be included in the contract formed between you and us.

4. PAYMENT, PRICES AND TAXES

We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Website are quoted in Australian currency and as such are valid only in the Australia. Prices are subject to change at any time.

You must select one of the payment methods available on our Website when purchasing goods online. We are not responsible for third party payment services and make no representations or warranties in relation to the payment methods available on our Website.

Payment in full for all goods purchased on our Website, including the total purchase price, applicable charges, taxes or duties and delivery fees (including any carrier bags or boxes) will be made via your chosen payment method at the time of ordering the goods. You must have sufficient funds or credit to make the purchase. All prices, where applicable, include goods and services tax (GST) in Australia.

Where goods are purchased by non-Australian residents, we make no warranty that they are suitable for use outside Australia. The goods are compliant with Australian requirements only. We accept no responsibility for damage in transit or any customs, import fees, taxes or duties and you are responsible for those and any other charges that may be applicable to any products or services provided to you.

5. SHIPPING AND RETURNS

If you have any questions about the shipping of Tommy Bahama products that you have purchased, click here. If you want to know the terms of our Returns Policy, click here.

While we try to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

If your products are not delivered, please notify us by email as soon as possible.

All orders are sent without insurance.

6. TITLE AND RISK 

Title in the products does not pass to you until we have received your full payment and the products have been delivered to you. Risk of loss or damage to the products passes to you upon dispatch of the products regardless that they are shipped with a third party.

7. INTELLECTUAL PROPRIETARY RIGHTS

This Website is expressly owned and operated by Tommy Bahama. Unless otherwise noted, all content on this Website, such as text, graphics, logos, trademarks, service marks and trade names, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Tommy Bahama. This Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

8. RULES ABOUT LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact us at the details set out at the end of these Terms.

9. LINKS TO OTHER WEBSITES AND SERVICES

This Website may contain links to other websites that are not under the control of Tommy Bahama. Tommy Bahama has no responsibility for the linked websites nor does it necessarily endorse them. Tommy Bahama provides the links solely for the convenience and information of its Website users.

10. DISCLAIMER; LIMITATIONS OF LIABILITY

Nothing in these Terms 1) limits our liability for personal injury or death caused by our negligence, fraud or 2) applies where it would exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law, that cannot lawfully be limited, excluded, restricted or modified.

Except for the consumer guarantees under the Australian Consumer Law, Tommy Bahama provides the materials on this Website "as is" without warranties of any kind, either express or implied. Tommy Bahama expressly disclaims any duty to update or revise the materials on this Website. Tommy Bahama may modify the materials at any time without notice.  

We do not guarantee that our Website will be secure or free from errors, bugs or viruses or will work with your equipment.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. 

We reserve the right discontinue any or all of the functionalities of our Website at any time.

11. AUSTRALIAN CONSUMER LAW 

If you acquire goods from Tommy Bahama as a consumer, they come with statutory guarantees under the Australian Consumer Law that are not excluded by any terms of these Terms of Use. 

Goods must be of acceptable quality. This means they must:

• be safe;
• be free from defects;
• be acceptable in appearance and finish;
• be durable in consideration of any statements on their packaging or labels or representations that we made to you about them before you bought them;
• do all the things someone would normally expect them to do;
• match any demonstration model or sample you asked for;
• be fit for the purpose which we told you it would be fit for;
• match the description of the goods given by us; and
• meet any express warranty given by us to you at the time of your purchase about their performance, condition and quality.

If Tommy Bahama fails to comply with a consumer guarantee applicable to you under the Australian Consumer Law, you are entitled to the remedies as set out in the Australian Consumer Law including the following:

• You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
• You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Consumer guarantees do not apply for:

• your change of mind;
• your misuse of product; and
• products where you knew or were made aware of the faults prior to purchase.

 12. WAIVER

Any waiver of any provision of the Terms will be effective only if in writing and signed by the party giving the waiver. Any failure or delay by any party to exercise any power or right or rely on a remedy under this agreement does not operate as a waiver of that power, right or remedy.

13. ENTIRE AGREEMENT

Except that nothing in these Terms limits the parties’ liability for representations that cannot be excluded under the Australian Consumer Law, the above Terms constitute the entire agreement of the parties.

14. SERVERABILITY

If a provision in these Terms is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid.  No provision in this agreement will otherwise be affected in any jurisdiction.

15. CONSENT TO ELECTRONIC COMMUNICATIONS

The parties to these Terms consent to the use of electronic communications as a means of communicating about this agreement and the matters contained within it.

16. SUCCESSORS AND ASSIGNS

These Terms binds and benefits the parties to this agreement, their successors and permitted assigns.

17. GOVERNING LAW

These Terms shall be construed in accordance with the laws of the State of Victoria, Australia, without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and/or federal courts of the State of Victoria, Australia.

Last updated: 22 March 2024.