Terms and Conditions for Websites and Webshops owned by Rocky Creek Designs
1. Application of these Terms and Conditions
1.1 The Terms and Conditions set out below apply to all products ordered from us (via our website or otherwise) and we will sell and you will purchase products from us subject to these Terms and Conditions. You accept that these Terms and Conditions apply by placing any such order.
1.2 The contract in respect of the products supplied by us to you comes into existence when your order has been accepted by us. For the avoidance of doubt, receipt of an order by us does not constitute acceptance of an order and we reserve the right not to accept any order.
1.3 We are Rocky Creek Designs and we are the owners and managers of the website and webshop rockycreekdesigns.com.au. Our full registered and postal address and other contact details are set out below: Rocky Creek Designs, 142 Rocky Creek Dam Road, Dunoon NSW 2480, Australia. Telephone: (02) 6689 5703 e-mail: firstname.lastname@example.org
2. Copyright and Trademarks
2.1 All website design, text, graphics, the selection and arrangement thereof, and all other material in our website are the copyright of Rocky Creek Designs and its suppliers, or their content and technology providers. You are only entitled to use or copy these copyright materials strictly as necessary to enable you to purchase products from us.
2.2 All product names and titles used in our website are trademarks or trade names of their respective holders (including Rocky Creek Designs). No permission is given in respect of the use of any of these names or titles and moreover any such use may constitute an infringement of the holders' rights.
3.2 When you place an order we need to know your name, e-mail address and delivery address and credit/debit card number and expiry date. This allows us to process and fulfil your order and notify you of your order status. We also ask you for your telephone number(s) so that we can contact you easily if required.
3.4 We may use other companies to provide services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending post mail and e-mails, analysing data and processing credit card payments. We will only provide those companies the information they need to deliver such services and on the basis that they are prohibited from using that information for any other purpose. Rocky Creek Designs does not retain any personal credit card information.
3.5 With your permission we may from time to time send you offers for goods or services from Rocky Creek Designs, which we think you may find of interest.
3.6 We will not send you offers for goods or services from other companies.
3.7 When processing your order, the information provided will be subject to fraud prevention checks. For these purposes we may transfer your information to third parties.
4.1 All prices are quoted in Australian Dollars and are inclusive of GST unless otherwise specified.
4.2 All product prices do not include delivery. Details of such charges are found on our website or our order form.
4.3 Subject to any errors on our part, prices on our website are correct at the time of order only and relate to website purchases only. All orders for products are subject to availability and we reserve the right to refuse to supply any particular person. We also reserve the right to change prices at any time without further notice. Prices may vary from earlier promotions or marketing materials.
4.4 If we have made any error in a price on our website, then we have the right to cancel the contract in respect of the products in question and return to you any monies that you may have paid to us.
5.1 Payment must be made in Australian Dollars only by major credit or debit cards as listed: Visa, MasterCard, or PayPal.
6. Passing of Property
6.1 We will retain the property in the products until full payment has been made by you and has been received by us.
7. Passing of Risk
7.1 The risk in the products will pass to you on delivery, as set out in paragraph 8 below.
8.1 Any date or period for delivery will be considered as indicative only. Although it is our policy to try to fulfil all orders within 1 to 3 working days, although large orders or items may take longer to deliver. Any products not available at the time of your order will be sent to you, as soon as possible, when received from our suppliers. We cannot be held responsible for delays in the delivery caused by our suppliers, or any other third party.
8.2 All orders are delivered by courier or in Australia Post Parcel Post Satchels depending on the weight and value of the order. Some consignments will require a signature on delivery so if possible please give a delivery address where the item can be signed for during working hours.
8.3 To reduce the risk of fraud where purchases are made by credit or debit cards we require that your first order is delivered to the registered address of the card holder. Once the initial order has been delivered, subsequent orders may, with our agreement, be delivered to any address.
9.1 You will be deemed to have accepted the products unless you notify us in accordance with paragraph 10 below that you want to cancel your order or you notify us in accordance with paragraph 11 below that the products are faulty or incorrect. If no such action is taken, we will consider the products being as described, of satisfactory quality and fit for their purpose, and may not accept any rejection or cancellation at a later date. Your statutory customer rights are not affected.
10. Your Right to Cancel
10.1 You have the right to cancel your contract with us at any time before the expiry of 7 working days beginning with the day after the date of delivery of the products, provided that you notify us in writing of your decision to cancel within that period and provided that the products you return are unused and undamaged. If you have exercised this right, then you must return the products to us at your own cost and you are not entitled to a refund of such cost. You will not receive the postage cost back.
10.2 Please see our Returns Procedure below for details of how to return items.
11. Faulty or incorrect products
11.1 You will inspect products within 5 working days beginning with the day after the date of delivery of the products. If the products are faulty from a cause not occurring after the date of delivery or incorrect, then you are entitled to reject the products and should notify us in writing of your decision to reject the products within 7 working days beginning with the day after the date of delivery of the products. If you have exercised this right, then you may return the products to us at your own cost.
11.2 Please see our Returns Procedure below for details of how to return items.
12. Returns Procedure
12.1 If products are to be rejected or your order is to be cancelled pursuant to paragraphs 10 and 11 above, you will comply with the returns procedure as set out in this paragraph 12.
12.2 In the case of cancellations under paragraph 10 and paragraph 11 (in the case of incorrect products), we will accept any returned products if the product is complete in its original packaging in an unused and re-saleable condition. In the case of rejections under paragraph 11 (for faulty products), we will accept any returned products if the product is complete in its original packaging.
12.3 Please return any orders to: Returns Department, Rocky Creek Designs, 142 Rocky Creek Dam Road, Dunoon NSW 2480, Australia. Please include your delivery note or a letter containing your order details with your return.
12.4 If you are exercising your right to cancel then you may receive a refund of the purchase price less any direct shipping or handling costs. Refunds are subject to the product being returned as described in paragraph 10.1.
12.5 If you are returning faulty or incorrect products then please let us know if you require a replacement or a refund. If you have returned the products to us and we agree that they were faulty on delivery to you or incorrect, then depending on whether you have requested a replacement, you will receive a full refund of the purchase price less the delivery charge relating to the delivery of the products to you or a replacement for the product in question. If you have paid for the costs of returning the faulty or incorrect products to us, then we shall also refund to you your reasonable direct costs in returning them to us.
12.6 Once products have been received at our Customer Services Department they will be checked and a refund or exchange will be processed.
13.1 If any part or parts of these Terms and Conditions are deemed invalid, void or unenforceable, then that part of those parts will be considered severable from these terms and conditions thereby not preventing the remainder from being enforceable or effective.
13.2 Nothing in these terms and conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights contact your local authority.
14. Governing Law
14.1 These Terms and Conditions will be governed by Australian Law and your purchase will be deemed to have occurred in Australia.
15. Contact us
15.1 You can email us at email@example.com or telephone us on (02) 6689 5703