New Zealand Terms of Use

 

Welcome to the www.tommybahama.co.nz website (the “Website”), which is owned and operated by Tommy Bahama New Zealand Limited (company number 9250894) (“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 (www.tommybahama.co.nz/pages/privacy-policy) and other terms referenced in the Terms also apply to you. You should ensure you read these terms carefully.

Our Website is intended solely for use by persons 18 years of age or older. By accessing or using our Website, you represent and warrant that you are 18 years of age or older.

Contents

  1. JURISDICTION
  2. REGISTRATION OF ACCOUNT
  3. USE OF THE WEBSITE AND CUSTOMER REVIEWS AND CONTENT
  4. WEBSITE CONTENT AND ORDERS
  5. ORDER AND CONTRACT FORMATION
  6. PAYMENT, PRICES AND TAXES
  7. SHIPPING AND RETURNS
  8. TITLE AND RISK
  9. INTELLECTUAL PROPRIETARY RIGHTS
  10. RULES ABOUT LINKING TO OUR WEBSITE
  11. LINKS TO OTHER WEBSITES AND SERVICES
  12. DISCLAIMER; LIMITATIONS OF LIABILITY
  13. CONSUMER GUARANTEES ACT
  14. WAIVER
  15. ENTIRE AGREEMENT
  16. SEVERABILITY
  17. CONSENT TO ELECTRONIC COMMUNICATIONS
  18. SUCCESSORS AND ASSIGNS
  19. GOVERNING LAW

 

1.    JURISDICTION

The Website is operated by us from New Zealand. The information on the Website may not be appropriate or available for use in other jurisdictions. If you choose to access and Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

2.    REGISTRATION OF ACCOUNT

To gain access to certain features of the Website you may need to register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration form. In addition, you must select a password. You may not sell, exchange, trade or auction your account. Where you complete a registration in relation to the Website:

  • Password security: You will ensure that all usernames and passwords required to access the Website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security.
  • Account transfer: You may not transfer your account to another user or maintain more than one account with us without our consent.
  • Registration data: You confirm that the data you provided to us on registration was at the time you provided it current, complete, true and accurate, and you agree to maintain and update the data as required to keep it so.
  • Reliance upon password. You release us from, and renounce, any claim in respect of or arising from any reasonable reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your password.
  • Suspension and termination: We may, at our sole discretion, suspend or terminate your account and limit your access to the Website.

3.    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 co­operate 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;

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. To the maximum extent permitted by law, 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. We are unable to ensure that information and materials uploaded by other users of the Website are legitimate and we are not able to monitor communications at all times. The views expressed by other users on our Website do not represent our views or values.

4.    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. To the maximum extent permitted by law, 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. Information collected through your use of the Website (or otherwise) may include your personal information, and you authorise us and agree to our collection, use, storage and disclosure of your personal information in accordance with our Privacy Policy.

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.

5.    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.co.nz). Only those goods listed in the Dispatch Email will be included in the contract formed between you and us.

6.    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 New Zealand currency and as such are valid only in New Zealand. To the maximum extent permitted by law, prices displayed on the Website 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. To the maximum extent permitted by law, you accept full responsibility for ensuring you comply with the applicable terms and conditions you may have with these third party payment service providers.

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 New Zealand.

Where goods are purchased by non-New Zealand residents or individuals living outside New Zealand, we make no warranty that they are suitable for use outside New Zealand. The goods are compliant with New Zealand requirements only. To the extent permitted by law, 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.

7.    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, to the maximum extent permitted by law, 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.

8.    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. To the maximum extent permitted by law, 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.

9.    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 or its licensors. This Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

10. 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 advance 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.

 

11. LINKS TO OTHER WEBSITES AND SERVICES

This Website may contain links to other websites that are not under the control of Tommy Bahama. To the maximum extent permitted by law, 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, and any use of that information remains at the risk of each individual user. To the maximum extent permitted by law, we are not responsible for any adverse consequences arising out of such use or reliance on any information or documentation provided via the Website.

12. 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  Consumer Guarantees Act 1993 (“CGA”), that cannot lawfully be limited, excluded, restricted or modified.

To the maximum extent permitted by 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.

13. CONSUMER GUARANTEES ACT

If you acquire goods from Tommy Bahama as a ‘consumer’, they come with statutory guarantees under the CGA that are not excluded by any terms of these Terms of Use unless you are acquiring them from us ‘in trade’ (within the meaning given to that term by the CGA), and it would be fair and reasonable for us to exclude such guarantees, in which circumstance they are excluded to the extent permitted by law.

If Tommy Bahama fails to comply with a consumer guarantee applicable to you under the CGA, you are entitled to the remedies as set out in the CGA. 

To the maximum extent permitted by law, 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.

14. 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.

15.     ENTIRE AGREEMENT

Except that nothing in these Terms limits the parties’ liability for representations that cannot be excluded under applicable law, the Terms constitute the entire agreement of the parties.

16.     SEVERABILITY

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.

17.     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.

18.     SUCCESSORS AND ASSIGNS

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

19.     GOVERNING LAW

These Terms shall be construed in accordance with the laws of New Zealand, 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 courts of New Zealand.

 

Last updated:

28 January 2026