Terms
& Conditions
Introduction
Welcome to Rigall.com.au.
These Terms and Conditions govern the use
of www.rigall.com.au ("the website") and the purchase
of any goods from it. The website is owned and operated by
Rigall.com.au Pty Ltd (ABN 4328 462 7894). Should you have
any questions, please contact rigall.com.au via email at info@rigall.com.au
prior to ordering from this website.
Acknowledgment
and acceptance of Terms and Conditions
Please
note that by accessing, using or browsing this website you
agree to be bound by its terms, conditions, disclaimers and
limitations of liability ("Terms and Conditions").
Rigall reserves the right to amend or update such terms, conditions,
disclaimers and limitations of liability at any time without
providing notice to you. By using the website, you acknowledge
that you have read and understood these Terms and Conditions.
Limitation
of Liability
Any
liability of Rigall or Rigall's Associates in connection with
goods or services supplied to you will, subject to any non-excludable
liability for breach of conditions or warranties implied by
legislation and to the maximum extent permitted by law, at
the election of Rigall be limited to:
- In
relation to goods, the replacement or repair of the goods,
the supply of equivalent goods, the payment of the cost
of replacing or repairing the goods or the payment of
the cost of obtaining equivalent goods; and,
- In
relation to services, the supplying of the services again
or the payment of the cost of having the services supplied
again.
Disclaimer
The
information contained on the website is provided by Rigall
in good faith. To the best of Rigall's knowledge, the
information is accurate and current. However, Rigall and its
related bodies corporate, any of their directors, officers,
employees, consultants or shareholders ("Rigall's Associates")
do not make any representation or warranty as to the accuracy
or completeness of the information.
To
the fullest extent permitted by applicable law, Rigall disclaims
all representations and warranties, express or implied, including
but not limited to implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Rigall
makes no warranty that this website, any information or ideas
contained on this website or any products or services will
meet your requirements.
You
expressly acknowledge and agree that Rigall does not control
other users of this website, the providers of information
or ideas to this website or the suppliers of goods and services
purchased from this website, and Rigall is therefore not liable
for their opinions or their behaviour, including any information
or advice provided by them or any defamatory statements made
by them or any offensive conduct on their part.
You
further acknowledge and agree that, subject to the section
dealing with "Limitation of Liability", Rigall will
not be liable to you or any other person for any direct, indirect,
incidental, special, consequential or exemplary damages, including
but not limited to damages for product liability, personal
injury or negligence resulting from use of goods or services
supplied to you, or on behalf of you, through the website.
Copyright
Copyright
in the rigall.com.au website is property of rigall.com.au.
Material on this website also comprises copyright material,
trademarks and registered trademarks which are the property
of rigall.com.au and third parties. This property may only
be used for the purposes of browsing the rigall.com.au website
and acquiring goods and services of rigall.com.au.
Applicable
Law
These
Terms and Conditions are governed by the laws in force in
New South Wales, Australia and you irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of
New South Wales, Australia and any courts, which may hear
appeals from those courts.
Information
Provided by You
If
you purchase goods and services from rigall.com.au or create
a membership account with us, we may require you to provide
your name, address, email address, credit card number or other
details ("customer information"). We may subsequently
require further details to enable the processing of any orders
that you make. You agree to provide rigall.com.au with
current, complete and accurate customer information when asked
to do so by the website or an employee of rigall.com.au.
Virus
Warning
All
care is taken to ensure that rigall.com.au websites and data
transmissions are free from viruses. However, it is your responsibility
to scan any such data for viruses.
Privacy
We
treat all customer information in accordance with our Privacy
Policy. Our Privacy Policy constitutes part of these Terms
and Conditions:
- Customer
information will be used only to process your orders and
will be protected by our secure server. We would like
to assure you that under no circumstances do we sell,
trade or in any way disclose your personal information
to any third parties.
- Rigall.com.au
may, at times, use your contact information to notify
you of important changes to the rigall.com.au website
or to inform you of special promotions which may be of
interest to you.
- If
you place an order for goods or services to be provided
to a third party ("the recipient"), we will
generally not provide any of your customer information
to the recipient. If you place an order accompanied by
a card bearing your first name, nickname, business or
other identifying name, we assume that you are willing
to be identified and may disclose your name to the recipient.
Please be assured that we will not under any circumstance
disclose your credit card, email address or phone contact
details to anyone at any time.
- All
information submitted to and stored on the rigall.com.au
website is protected by state-of-the-art encryption and
firewall technology.
- Without
limiting the operation of any other Terms and Conditions
herein, rigall.com.au will not be held responsible for
any unauthorised use of information gained from email
correspondence before it has reached the rigall.com.au
mail server.
- rigall.com.au
reserves the right to pass on any information relating
to suspected fraudulent activity to the appropriate authorities.
Product
Information
Prices
of goods and services and delivery and other charges displayed
on the rigall.com.au website are current at the time of display.
These prices are subject to variation without notice.
We
will always attempt to be as accurate as possible with our
product descriptions and pricing. However, we are unable
to warrant that product descriptions or other content of the
website is accurate, complete, reliable, current or error
free.
Placing
and Accepting Orders
Orders
will not be despatched until payment in full has been received
and rigall.com.au is satisfied with the integrity of the order.
Without
limiting the operation of any other Terms and Conditions herein,
rigall.com.au is not responsible for any loss or damage caused
by late delivery or cancellation of an order or a product.
Placement
of an order by you constitutes an offer to enter into an agreement
with us ("your offer"). We will email you an Order
Confirmation for the sole purpose of confirming the details
of your offer. Please note that our Order Confirmation
does not constitute an acceptance of your offer or reflect
the status of your order in any way.
Cancellation
by Us
We
reserve the right not to provide goods or services, terminate
membership accounts, remove or edit content or cancel orders
(or part thereof) at our sole discretion at any time. Without
limiting the operation of any other Terms and Conditions herein,
we will not be held liable for loss or damage arising from
the exercising of these rights.
Cancellation
by You
If
you need to cancel an order, please contact us immediately
on +61 2 9130 4631. Our agreement with you only comes
into existence once we have both confirmed your order and
your payment has been processed. Once we have accepted payment
for an order, cancellation of the order is within our sole
discretion. Orders that cannot be cancelled will be
subject to our terms, conditions and policies relating to
Returns and Exchanges.
Delivery
It
is your obligation to enter the correct delivery address details
at the time of ordering. Should you enter the wrong address,
we are not obliged to re-send the order to the correct address
at our expense.
We
will provide you with an estimated date for delivery of all
parcels. While we make every effort to deliver by this
time, all dates specified are estimates only. We have
aligned ourselves with courier partners who we believe will
always do their best to deliver gifts by the estimated delivery
date.
It
is the responsibility of the customer to inform rigall.com.au
if an order does not arrive. Once we learn an order
has not arrived by the due date, we will lodge enquiries with
the courier to ensure delivery occurs as soon as possible.
We will not be held liable for any loss or damage resulting
from late delivery.
Please
note that if an item has been lost in transit, we will not
despatch a replacement item immediately. Replacement items
will be despatched according to our discretion.
As
a guide only, our couriers attempt to deliver to business
addresses between 9am and 5pm, and to home addresses up until
6pm. Unfortunately, we are unable give a guaranteed
time of delivery.
You
may select the "Recipient to sign for delivery"
option when placing an order with us. By doing so, you agree
that we have satisfied the condition where a signature has
been received from the recipient, appropriate agent or proxy
recipient of the order (chosen at the courier partner's discretion).
This includes, but is not limited to, a hotel or office receptionist
signing on receipt of delivery at the specified address.
You agree that in doing so we have delivered the order within
the terms of the agreement between you and us.
If
you do not select the "Recipient to sign for delivery"
option, you agree that when our courier partner is satisfied
that the order has been delivered, delivery of the order has
taken place within the terms of the agreement between you
and us.
Without
limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising
from a late delivery.
Without
limiting the operation of any other Terms and Conditions herein,
you agree that late delivery does not constitute a failure
of our agreement, and does not entitle you to cancellation
of an order.
Without
limiting the operation of any other Terms and Conditions herein,
we will not accept liability for any loss or damage arising
from items lost, stolen or damaged after delivery has taken
place.
Returns
and Exchanges
Rigall.com.au
will not issue a return or an exchange unless the products
are in unbroken, original packaging and/or are in a sealable
condition upon return.
All
returned products must be:
- Unused,
unopened and in original condition
- Undamaged
- Returned
within fourteen (14) days of delivery
In
the event of a return by you or the recipient of a gift, we
will exchange or refund in the form of a personal cheque or
credit note. However, you will pay the delivery costs
of the return to rigall.com.au and re-delivery to you.
We will not refund initial delivery, wrapping and other fees.
Goods
Damaged or Faulty on Delivery
You
may return damaged or faulty goods within fourteen (14) days
of receipt. If a product is later deemed to be faulty, normal
warranty conditions for that product apply. It is the
recipient's responsibility to incur all costs and to follow
warranty instructions as stated on the product warranty card
as specified by the manufacturer.
In
the event that you receive a defective or damaged product,
we will refund the original product price, delivery, wrapping
and other fees via the original method of payment. Alternatively,
if you request a replacement, we will despatch your replacement
item (subject to availability) once we receive the return,
at our cost.
Please
note that all products that are found to be non-defective
will incur the delivery costs of returning the item to rigall.com.au.
Release
and Indemnity
You
agree to waive any and all claims that you now have or may
have in the future against Rigall and Rigall's Associates
which relate to or are incidental to any transaction.
You
agree to indemnify and hold Rigall harmless from and against
any and all claims, loss or expense that may be incurred by
Rigall or Rigall's Associates which relate to or are incidental
to the performance of its duties as described in these Terms
and Conditions including all costs of defending itself against
a claim by any other person and/or as a result of you taking
any action or refraining from taking any action or instituting
or defending any action or legal proceeding.
You
further agree to indemnify and hold Rigall and Rigall's Associates
harmless from any claim made by any third party due to or
arising out of your use of this website, the violation of
these Terms and Conditions by you, or the infringement by
you, or other users of this website using your membership
account, of any intellectual property or other right of any
person or entity.
Thank
you for shopping with us!
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