RIXXEYEWEAR.COM.AU – TERMS & CONDITIONS
The following terms and conditions are applicable to all orders placed by the Customer "you" for any purchase order to Rixxeyewear.com.au. and may not be amended in any way shape or form by the Customer. Please read these terms and conditions carefully before purchasing any product. Please note that any reference to "we", "us" or "our" are references to Rixxeyewear.com.au and any references made to "you" or "your" are references to the Customer. Rixxeyewear.com.au reserves the right to change or alter this site and these Terms from time to time at its sole discretion.
- ORDERS AND PAYMENT
Any product you order from Rixxeyewear.com.au is an offer by you to purchase the product for the listed price on the site including GST. All products will be supplied new and payments by you must be in advance of receipt of any products. Rixxeyewear.com.au reserves the right after receipt of your order to accept or decline your order for any reason prior to delivery. Your receipt of payment or order acceptance notification does not constitute or confirm our acceptance of your order and risk and title of the product shall only pass to you when the item is delivered.
Any timeframes quoted for item delivery are estimates only. Rixxeyewear.com.au will not be held liable for any delay in delivery.
-Delivery will be made by post whereby a carrier service will deliver the item to your nominated address.
-If there is a failure to deliver the item within fifteen (15) days you will be notified via email of the change in delivery times whereby you will have the option of cancelling your order.
-If there is an error whereby the delivered item(s) do not match your order you will have twenty four (24) hours to notify Rixxeyewear.com.au including the Invoice Number, the goods ordered and the error. In this instance Rixxeyewear.com.au will rectify valid errors or shortages received within the notification period.
Orders are generally dispatched within twenty four (24) – forty eight (48) Hours, Monday to Friday. Orders within Australia will be free of charge. An Express shipping option will be available at the standard Australia Post costs. For standard shipping times, order tracking and more information please go to our ‘Shipping’ tab on the Rixxeyewear.com.au website or visit the Australia Post website.
- CANCELLATION BY RIXXEYEWEAR.COM.AU
If any of our products were listed at an incorrect price or with incorrect information at the time of sale Rixxeyewear.com.au reserves the right to cancel that sale. If your payment has already been received via debit or credit card we will refund your debit or credit card for the full amount within a reasonable time of becoming aware of the problem. In this case we will notify you immediately.
CANCELLATION BY YOU
Rixxeyewear.com.au do not take any responsibility for any delivered product that has not been used for its intended purpose or for any product that has been mistreated due to wear and tear by you after delivery.
Rixxeyewear.com.au will only reimburse the Customer if: (A) the item is faulty; (B) the item does not match what the Customer purchased; or (C) the Customer changes their mind on a particular product. (Please note we will not cover any shipping costs or taxes and the Customer will only have ten (10) days to return a product in this instance.
If you have purchased any product(s) in a promotional deal and received any complimentary products(s) free of charge (Promotional Product), and wish to receive a refund on the product(s) in accordance with clause 6(c) above, you must also return the Promotional Product to receive such refund.
If you are returning a product after purchasing please ensure it is in original condition with all tags in its original case to receive the benefit of such return.
- We will send you a notification email once we have received your returned item.
- All orders will be deemed final after the 10 days, unless the item is faulty.
All orders within Australia are subject to The Australian GST (10%) tax rate.
The Customer acknowledges they are aware and responsible for the payment of any fees, taxes, duties and relevant laws in the country the order is delivered.
- Rixxeyewear.com.au products are guaranteed against any faults or defects in material and workmanship for a 12 month period from purchase date.
- Rixxeyewear.com.au at its sole discretion may decide to repair or replace a faulty or defective product.
- Notwithstanding any other provision of these terms and conditions, Rixxeyewear.com.au will have no obligation to make repairs, refunds or replacements as the result of general wear and tear, accident, force majeure events, heat damage, misuse or negligence of or by Customer.
- Please be aware that any alterations made to the item will void Customer warranty and any repair or warranty claim will be at the complete discretion of Rixxeyewear.com.au. •Rixxeyewear.com.au does not make any warranty as to the results that may be obtained from the use of products purchased by the Customer. The products purchased from Rixxeyewear.com.au are provided "As Is" and therefore: (A) Rixxeyewear.com.au disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement; and (B) the Customer has relied on its own judgement on the suitability of the products purchased for their intended purpose. In this case the Customer shall hold Rixxeyewear.com.au harmless from any liability against any claim or demands the Customer may have against Rixxeyewear.com.au.
- LIMITATION OF LIABILITY
Neither Rixxeyewear.com.au or its suppliers, affiliates, directors, officers, representatives, contractors and employees shall be held responsible or liable for any matter relating to or in connection with this agreement or sale of goods under any contract, negligence, tort or otherwise: (A) for any indirect, exemplary, incidental, special or consequential damages; (B) for any matter beyond Rixxeyewear.com.au reasonable control; or (C) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by Customer to Rixxeyewear.com.au for the sale of goods under this agreement. The total aggregate liability will be limited to 100% of the purchase price of the product.
- INTELLECTUAL PROPERTY
All material contained on this Site and the Site itself are protected by intellectual property rights whether registered or under common law. All present and future rights to intellectual property including inventions or conceptual ideas, information, trademarks, patents, designs, copyright or any corresponding property rights under the laws of any jurisdiction are owned by Rixxeyewear.com.au. These rights also extend to all products developed in whole or in part by Rixxeyewear.com.au. Any use of the materials contained within the site, including reproduction for commercial use, modification, distribution or republication without the express written permission of Rixxeyewear.com.au is strictly prohibited.
This Site contains links to other internet sites that are owned and operated by third parties, please be aware Rixxeyewear.com.au makes no representation and accepts no responsibility for the operation, content or nature accessible through this site, or other sites linking to this site.
- APPLICABLE LAW
This agreement shall be governed in accordance with the Laws of Western Australia and the parties irrevocably elect to submit to the exclusive jurisdiction of the Western Australian Courts.
- It is understood that this clause ‘13. Confidentiality’ shall not apply to Confidential Information that:
(A) is in the public domain (other than as a result of a disclosure by Rixxeyewear.com.au)
(B) was already known to a party prior to its disclosure by the other party or that party’s officers, employees, agents; or
(C) is required to be disclosed by law.
Rixxeyewear.com.au makes no representations about the suitability of any information on or available through this website. The information available on or through this website, including any content, materials, products or links to other websites, is provided "as is" without warranty of any kind to the extent permitted by law. In no event shall Rixxeyewear.com.au or its affiliates, directors, officers or employees be liable in any way whatsoever, whether in negligence or otherwise, for any loss or liability whether direct or indirect, consequential or any damages or loss of profits you or anyone else may suffer in connection with the use of information on or available through this website or any other sites available through this website.