Terms and Conditions

Online Shop Terms and Conditions – Romane Romane

The website thestruxture.com.au and its related services, products, websites, tools and applications (each referred to as the Website) is owned and operated by ABN 74 651 237 231 (Romane Romane).

These terms and conditions (Terms and Conditions) govern the sale of Products by Romane Romane. Other terms and conditions contained in the privacy policy (Privacy Policy) and elsewhere on our Website also form part of our agreement with you.

By using the Website or by purchasing any Products you agree to be bound by these Terms and Conditions. If you don’t agree to be bound by these Terms and Conditions, you must not use the Website or purchase any Products.

These Terms and Conditions may be updated by us from time to time. The Terms and Conditions that will apply to you will be the then current version at the time you use the Website and place your order. Each time you use our Website you should revisit these Terms and Conditions.

 

  1. Definitions & Interpretation
    1. Definitions

In these Terms and Conditions unless inconsistent with the context or subject matter the following terms have the corresponding meanings:

      1. Account: an account on the Website.
      2. Applicable Laws: any Applicable Laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any User you are interacting with are located or which in any way govern or affect the use of the Services.
      3. Australian Consumer Law: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
      4. GST: the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).
      5. Loss: any loss, liability, cost, charge, expense, tax, duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
      6. our, us and we: Romane Romane.
      7. Privacy Policy: our privacy policy accessible on the Website.
      8. Products: has the meaning given to it under clause 2.1 and includes any other products offered for sale on the Website from time to time.
      9. Services: any services we provide to you, including the Website and the sale of Products.
      10. State: New South Wales, Australia.
      11. User: means any person who uses the Website.
      12. you and your: means a User. Interpretation in these Terms and Conditions, unless inconsistent with the context or subject matter:
      1. Headings and subheadings are for convenience only and do not affect the interpretation of these Terms and Conditions.
      2. References to clauses, schedules, annexures, appendices, attachments and exhibits are references to the clauses of, and the schedules, annexures, appendices, attachments and exhibits to, these Terms and Conditions.
      3. References to a party to any agreement or document include that party’s permitted assignees and successors, including executors and administrators and legal representatives.
      4. Words denoting the singular include the plural and words denoting the plural include the singular. Words denoting any gender include all genders.
      5. The word ‘person’ includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and any government agency.
      6. A reference to any agreement or document (including these Terms and Conditions) includes any amendments to or replacements of that document.
      7. A reference to a law includes legislation, regulations and other instruments made under legislation and any consolidations, amendments, re-enactments or replacements of them and is a reference to that law as amended, consolidated, re-enacted, replaced or applied to new or different facts.
      8. Any promise, agreement, representation or warranty given or entered into on the part of two or more persons binds them jointly and each of them severally and is for the benefit of them jointly and each of them severally.
      9. No provision of these Terms and Conditions will be construed adversely to a party because that party was responsible for the preparation of that provision or these Terms and Conditions.
      10. A reference to time or day is a reference to time in the capital city of the State.
      11. A reference to an amount of dollars, is a reference to the currency as specified on the Website.
      12. Specifying anything in these Terms and Conditions after the terms ‘include’, ‘including’, ‘includes’, ‘for example’, ‘such as’ or any similar expression does not limit the sense of the words, description, definition, phrase or term preceding those terms unless there is express wording to the contrary.
      13. A reference to writing or written includes email.
  1. Using the website
    1. Romane Romane supplies products made available through the Website (the Products).
    2. Your use of this Website is by non-exclusive licence granted by us strictly in accordance with these Terms and Conditions.
    3. You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
  1. Your Account
    1. In order to use most of the functionality of the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
    2. If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.
    3. When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Website in our absolute discretion.
  1. Placing an order for Products
    1. You may place an order for Products by following the prompts on the Website and submitting your order to us in accordance with these Terms and Conditions.
    2. Orders may be placed online via the Website or by other means if offered by Romane Romane. Any reference to Website in these Terms and Conditions shall include references to other online locations in which the Products are sold (such as on Facebook business pages or Instagram business pages). Whether you are placing an order on the Website or by any other means, these Terms and Conditions will apply to you.
    3. Any order placed through the Website for Products is an offer by you to purchase the Products for the purchase price specified on the Website at the time you placed the order. You acknowledge that by placing your order, you are agreeing to pay for and accept delivery of the Products ordered, subject to any limitations shown on the Website.
    4. All orders placed are subject to availability. Our rights to cancel your order are set out under clause 7. You may not cancel your order once it is placed other than as expressly provided for in these Terms and Conditions. We may in our sole discretion, limit or cancel quantities purchased per person, per household or per order (including those placed without limitation by the same customer account, same credit card, or same billing and/or shipping address).
    5. In the event that you purchase a Product on behalf of a third party, you represent and warrant that you have made that third party aware of these Terms and Conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these Terms and Conditions.
    6. The purchase price for the Products will be displayed on the Website at the time you place an order. Prices and all other details for our Products are subject to change without notice.
    7. You must make payment via a method accepted by us as stated on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Products at the time you place your order, except where otherwise agreed.  Any payments for an order of Products must be received in cleared funds before the Products will be dispatched. If your payment cannot be processed, or fails to clear, your order will be rejected, and you will be notified by the Website.
    8. You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
    9. Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card may attract a small surcharge). You agree to pay such fees at the same time as you make payment to us, even if such fees are not explicitly disclosed on the Website.
    10. Prices shown on the Website are in the currency as stated on the Website and include GST, unless otherwise stated.
    11. All payments must be made in clear funds without set-off or counter claim.
    12. You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as PayPal) terms and conditions when using the Website. We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.
    13. We are not party to any transaction between you and a third party. For example, if you incur a debt to a third party payment provider in connection with a purchase through the Website, you are solely liable for that debt and you acknowledge that we are unrelated to, and have no control over that third party payment provider.
    14. Each order placed by you will be a separate and binding agreement between you and us in respect of the supply of the Products.
  1. Promotions and discounts
    1. From time to time we may provide you with a promotional or coupon code for use when placing an order. It is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code and will be advised by us.
  1. Prohibited use
    1. Your use of the Website, and your information, must not:
      1. be false, inaccurate, misleading, fraudulent, deceptive or unlawful;
      2. be in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website;
      3. infringe any third party’s rights or violate any Applicable Laws;
      4. contain any viruses or similar which could affect the integrity, operation or security of this Website; 
      5. create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other users or other suppliers;
      6. damage the credibility or integrity of the Website or Romane Romane, or dilute, tarnish, or otherwise harm our brand in any way; 
      7. breach or violate any of our policies; 
      8. copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms and Conditions;
      9. use the Website for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies Romane Romane endorsement, partnership or otherwise misleads others as to your affiliation with Romane Romane;
      10. attempt to circumvent payment of any fees in anyway; or
      11. circumvent, disable or otherwise attempt to interfere with any security related features.
  1. Disclaimer
    1. Except to the extent expressly set out in these Terms and Conditions and to the maximum extent permitted by law, we provide the Products on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory.
    2. Without limiting the other terms of this clause, you acknowledge and agree that:
      1. although reasonable care has been taken to provide accurate information, any content provided on the Website is intended for general guidance only and neither the content or any of the Products are intended to be advice and should not be treated that way;
      2. you must use the Products with common sense, do not consume or put the Products in places they are not intended. Always use caution when using the Products. You should read all instructions and manuals provided with the Products prior to use. Use of the Products is at your own risk;
      3. all specifications (including any information, technical information, specifications, drawings, descriptions, illustrations, dimensions or recommendations) given by us are estimates only. Fabric and material of Products may vary in colour and texture. We cannot accept any responsibility for fading or discolouration. This may occur overtime, depending on how you use the Products, where you place them, and whether they come into contact with any chemicals. Sunlight affects different fabrics and materials in different ways, both direct and indirect sunlight will affect fabric and materials and colour over time;
      4. all pictures, images or videos of Products displayed on the Website are for illustrative purposes only and may not reflect how the Product you receive actually looks. Although we have made every effort to display as accurately as possible the colours and images of our Products on the Website, we cannot guarantee that your computer monitor's display of any colour will be accurate. Products are also made-to-order and as such may exhibit variations due to such process in shade, colour, size, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. Such variations are not considered defects, but rather the uniqueness of a handmade product;
      5. the Products are intended to be used, stored and maintained in accordance with our instructions or user manual provided for each Product. We are not responsible for any problems that occur due to misuse of our Products;
      6. any accessory featured with the Products may be sold separately (unless otherwise stated);
      7. we do not guarantee any results from your use of the Products; and
      8. we are not responsible for any information made available on this Website, and we do not represent or warrant the accuracy of any information. Romane Romane does not promise that the Website or any content will be error-free or uninterrupted, or that your use of the Website or any Products will provide any specific results. You assume total responsibility for your use of the Website and Products.
  1. Limitation of liability
    1. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
    2. Without limiting the generality of clause 13.1, we expressly exclude all liability for:
      1. any claims in respect of faulty or defective Products based on designs supplied by you, unless such designs have been wholly prepared by us and the responsibility for any claim has been expressly accepted by us in writing;
      2. any death, personal injury, damage to property, Loss (including loss of profits, revenue, business opportunities, likely savings and data) or damage of any kind arising out of, or in connection with, the supply, layout, assembly, installation or operation of the Products. We will not be liable for any damage that occurs to the Products outside of our control, including without limitation any flooding damage that may occur to the Products.
    3. Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual amounts paid by you in respect of the relevant Product which caused the Loss, damage or injury.
    4. Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods, to the extent that the Australian Consumer Law applies to the Products.
    5. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
    6. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
    7. Without limitation to the other terms in these Terms and Conditions, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
    8. Notwithstanding anything else in these Terms and Conditions, our liability will be reduced to the extent the Loss or damage is caused by or contributed to by you.
    9. Where you are or may be entitled to recover from a third party any sum in respect of any matter or event that could give rise to a claim under these Terms and Conditions, you must:
      1. use your best endeavours to recover that sum before making the claim;
      2. keep us at all times fully and promptly informed of the conduct of such recovery; and
      3. reduce the amount of the claim to the extent that sums are recovered.
    10. We will not be liable for any claim under or in relation to or arising out of these Terms and Conditions including a breach of any warranty unless:
      1. you have first made a claim under any insurance policy held by you that may cover that claim; and
      2. that claim has been denied in whole or partly by the relevant insurer.
    11. If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and Conditions and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms and Conditions.
  1. Indemnity
    1. Except to the extent caused or contributed to by our breach of these Terms and Conditions, you agree to indemnify us against, and hold us harmless from, any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:
      1. your breach or negligent performance or non-performance of these Terms and Conditions or any policy or the terms and policies they incorporate by reference;
      2. the enforcement of these Terms and Conditions;
      3. any claim made against us by a third party arising out of your use of the Products;
      4. any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the Products, to the extent that such damage is attributable to your acts or omission (or failure to follow our instructions); or
      5. your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of our Services (including the sale of the Products).
    2. You must make payments under this clause:
      1. immediately on demand, in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and
      2. in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
    3. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
    4. The indemnities in this clause:
      1. are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and
      2. are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.
  1. Intellectual Property rights
    1. You acknowledge that we (or our relevant licensors) own all right, title and interest in and to the Website and the Products including without limitation all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.
    2. You consent to us transferring your data to third party IT providers, including our website host and back-up service provider which may be outside of Australia in accordance with our Privacy Policy.
    3. You agree that:
      1. you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any of our (or our relevant licensor’s) intellectual property except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
      2. we own all right, title and interest in and to the Website and no right, title or interest is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
      3. if you add any information to the Website of any nature whatsoever that information is personally attributable to you and you warrant that you have the right to distribute that information;
      4. you acknowledge that when you provide us with information, we may receive additional related data, such as the time, date and place you provided the Information; and
      5. we are not liable or responsible for any Loss that you may experience in submitting information to us or for our use of your information in accordance with the licence granted.
    4. We may in our sole and absolute discretion refuse or remove any information from the Website.
  1. Privacy
    1. The Privacy Policy applies to your use of this Website, and its terms are made a part of these Terms and Conditions by this reference.
    2. By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
    3. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any Products requested by you.
  1. General terms
    1. These Terms and Conditions are governed by the laws of the State, and the parties submit to the jurisdiction of the Courts of the State and relevant federal/Commonwealth courts competent to hear appears from them.
    2. If a clause of these Terms and Conditions is void or unenforceable it must be read down to the extent necessary to give it legal effect or severed from if it cannot be read down and the remaining part and provisions shall remain in full force and effect.
    3. You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent.