RIXX – TERMS & CONDITIONS
The following terms and conditions are applicable to all orders placed by you (the “Customer”) for any purchase order to Rixxeyewear.com.au (“Rixx”) 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 Rixx and any references made to "you" or "your" are references to the Customer. Rixx 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 Rixx is an offer by you to purchase the relevant product for the listed price on the website (including GST). All products will be supplied new and payments by you must be in advance of receipt of any products. Rixx 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 product delivery are estimates only. Rixx will not be held liable for any delay in delivery.
-Delivery will be made by post whereby a carrier service will deliver the product to your nominated address.
-If there is a failure to deliver the product 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 product(s) do not match your order you will have twenty four (24) hours to notify Rixx including the relevant details such as invoice/order number, the product(s) ordered and the error. In this instance Rixx will rectify valid errors within the specified period.
Orders are generally dispatched within twenty-four (24) to 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 fees. For standard shipping times, order tracking and more information please go to our ‘Shipping’ tab on the website or visit the Australia Post website.
- CANCELLATION BY RIXX
If any of our products are listed at an incorrect price or with incorrect information at the time of sale, Rixx 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
Rixx do not take any responsibility for any delivered product(s) that are not used for its intended purpose or for any product that have been mistreated due to wear and tear by you after delivery.
Rixx will only reimburse the Customer if: (A) the product is faulty; (B) the product does not match what the Customer ordered; 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 – for more information visit the ‘Warranty and Returns’ section of the website
If you have purchased any product(s) in a promotional deal and received any complimentary products(s) free of charge (Promotional Products), and wish to receive a refund on the product(s) in accordance with clause 6(b) above, you must also return the Promotional Product to receive such refund.
If you are returning a product after delivery 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.
Rixx products are guaranteed against any faults or defects in material and workmanship for a twelve (12) month period from purchase date.
Rixx at its sole discretion may decide to repair or replace a faulty or defective product.
Notwithstanding any other provision of these terms and conditions, Rixx 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 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 Rixx. •Rixx 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 Rixx are provided "as is" and therefore: (A) Rixx 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 Rixx harmless from any liability against any claim or demands the Customer may have against Rixx.
- LIMITATION OF LIABILITY
Neither Rixx or its suppliers, affiliates, directors, officers, representatives, contractors and/or employees shall be held responsible or liable for any matter relating to or in connection with this agreement or sale of goods and/or products under any contract, negligence, tort or otherwise: (A) for any indirect, exemplary, incidental, special or consequential damages; (B) for any matter beyond Rixx reasonable control; or (C) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by Customer to Rixx 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 website and the website itself are protected by intellectual property rights whether registered or under common law. All present and future rights to intellectual property including, but not limited to inventions or conceptual ideas, information, trademarks, patents, designs, copyright or any corresponding property rights under the laws of any jurisdiction are owned by Rixx. These rights also extend to all products developed in whole or in part by Rixx. Any use of the materials contained within the website, including reproduction for commercial use, modification, distribution or republication without the express written permission of Rixx is strictly prohibited.
This website contains links to other internet sites that are owned and operated by third parties, please be aware Rixx 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 Rixx)
(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.
Rixx 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 Rixx 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.
Terms and Conditions for Prescription Lenses (“Prescription Terms”)
The following Prescription Terms apply to the purchase of prescription lenses by the Customer from Rixx and any reference to “product” in the following Prescription Terms will refer to prescription lenses and/or related prescription eyewear products. These Prescription Terms must be read in conjunction with the terms and conditions above. To the extent there is an inconsistency between the following Prescription Terms and the above terms and conditions, the Prescription Terms will take precedent.
Rixx will endeavour to delivery any prescription lenses products within seven (7) to eighteen (18) days from order date.
- Returns and Warranty
As prescription lenses are custom products, the Customer is not able to cancel any orders or request the return for any prescription lenses unless such product is faulty or does not match what the Customer ordered.
- Medical Advice
This website (including its content) is not intended to provide any medical or optical care, opinion, advice, diagnosis or treatment. All information found on this website is not intended to diagnose, treat, cure or prevent any disease or other medical or optical condition.
Always seek the guidance of your doctor, optometrist, licensed optician, ophthalmologist and/or other qualified health or optical professional with any questions you may have regarding your health or a medical and/or optical condition.
If you’re ordering a product that requires a prescription, you warrant that the information you enter with your order and regarding your prescription is accurate and complete and that it comes from a non-expired prescription that was validly provided to you by an authorised optometrist or ophthalmologist.
You also consent to Rixx contacting your applicable health professional on your behalf to confirm your prescription or check missing information and for Rixx to share such information with your optometrist or ophthalmologist as is necessary for that purpose.
Rixx cannot process orders using expired or incomplete prescriptions, and you agree that Rixx will not be held responsible for delays resulting from incomplete or inaccurate information provided with your order.
- Health Fund Claims
Tax invoices with a provider number will be issued once your order is processed and can be used for optical health fund claims. If you have optical cover, you may be entitled to claim a rebate for your purchase. Tax invoices for health fund claims are required by law to state the name of the person wearing the prescribed item, and Rixx cannot adjust your tax invoice to allow claiming under another person's cover.
20. SMS TERMS AND CONDITIONS
By Subsribing to text notifications you are signing up to receveive marketing messages, cart reminders, new product notifications at the phone number provided.
For help contact firstname.lastname@example.org
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To unsubcribe from the program, reply 'STOP' at anytime.
Message and data rates may apply.
Message frequency varies.
Warranty and Returns
Can I Return My Order?
In the unlikely event that you are not satisfied with your RIXX Eyewear product, please return it to us within 10 days of when it was delivered to you. We will gladly provide a refund if the product is in its original packaging and still in ‘as new’ condition.
Acceptable returns received after 10 days, but within 30 days, of when it was delivered to you will receive a store credit of equal value to your product.
To return please send to:
Attn: RIXX Eyewear
PO BOX 189
Melville, WA, 6956
You must include a note containing your order number, full name and clear written instructions on exchange/credit/refund.
Please be aware the customer is responsible for return shipping.
What if my RIXX Eyewear Product is Damaged?
All RIXX Eyewear products come with a 12-month manufacturer’s warranty against faulty products.
Whilst at RIXX Eyewear we pride ourselves on having the highest standard of durability built into everything we produce, we do not cover lens scratches, wear and tear, mishandling or abuse.
We try our best to accept all items exchanged to us, please refer to our Terms and Conditions page for more information on Warranty and Returns.