Access to and use of Rozalia.com.au ('we', 'us' or 'this website') and the products available through this website are subject to the following Terms and Conditions of Rozalia Pty Ltd ('the Terms') and any other notices posted on this website.
By using this website, you agree to all of the Terms as may be updated from time to time. Please read the Terms carefully before placing any orders. Please confirm that you agree with these Terms by selecting "I agree" in the checkbox before proceedings to checkout. You should check this page regularly and note any changes which may have been made to these Terms. We will not be liable if for any reason this website is unavailable at any time. If you have any comments or questions in relation to this website you can email us at email@example.com.
3. YOUR ELIGIBILITY TO PURCHASE
To place an order on this website you must possess a valid credit or debit card from a bank which is acceptable to us. In the event that you do not possess a valid credit or debit card, you must ensure that you obtain the cardholder's consent before placing an order. When placing an order you will be required to provide various personal details such as your name, phone number, e-mail address, your physical shipping address, your day and month of birth and other such information that we may request from you from time to time. You hereby warrant that all information provided by you is correct, current and complete.
4. PROHIBITED USE OF THIS WEBSITE
You must not misuse this website by way of committing or encouraging a criminal offence, transmitting a virus, spam or worm or by posting any material which is harmful, offensive or has the potential of causing an annoyance to other users. Further, we will not be liable for any loss or damage caused by your use of this website or by virtue of downloading any material contained herein.
5. REGISTRATION FOR USE OF SERVICES AND FEATURES
You will also be required to provide payment details which are valid and correct and confirm that you are the person or cardholder referred to in the information provided by you.
We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
6. PRODUCT ORDERS
All orders are subject to product availability. Items which you place in your shopping basket prior to checkout are by no means reserved and may be purchased by other customers if you do not complete your purchase within the allocated time.
Once your order has been placed and your payment has been successfully processed you will receive an email acknowledging the details of your order and confirmation that your order has been processed and to be dispatched.
We reserve the right not to accept your order in situations where:
• we are unable to obtain authorization for payment;
• shipping restrictions apply to a particular product;
• the product ordered is out of stock or does not satisfy the requisite standards of quality control;
• you do not satisfy the eligibility criteria as set out in section 3 of these Terms; or
• you breach any part of these Terms.
We may also refuse to process your order at our sole discretion.
We will not be liable to you or to a third party for any product which has been removed from this website or sold, any refusal by us to process a transaction or suspending a transaction once the processing of the transaction has commenced.
We recommend that you keep a copy of your order acknowledgment and confirmation and tax invoice.
7. PRICING POLICY
Prices are shown in AUD are inclusive of GST. Delivery costs will be charged in addition. Any such additional charges will be clearly displayed where applicable and will be included in the subtotal upon checkout.
In the event that we discover that an error in the price or payment of any products which you have ordered, the AUD price of the product displayed on the website at the time your order is accepted will be honoured.
Product prices are set at the beginning of each season and are subject to change if the applicable currency exchange rate changes prior to your order being accepted or if any of the products are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP (Delivered Duty Paid) will incur relevant import duty and tax. These costs are included in the final purchase price of the order. Customers purchasing from a country served as DDU (Delivered Duty Unpaid) will be charged for the items purchased and shipping costs only. You will be invoiced directly for import duty or tax costs from the relevant shipping agent used by us at time of your order. Please contact your local customs authority to determine a cost price prior to purchase completion. If you are a customer whose credit card or debit card is not denominated in AUD, the final purchase price will be calculated in accordance with the exchange rate on the day your order is processed by your card issuer.
We accept payments made by Visa, MasterCard, American Express, PayPal and any other methods which may be advertised on this website from time to time.
Should your card issuer refuse to authorize payment to us, we will not be liable for any delay or non-delivery or products.
We take reasonable care to ensure that this website is secure and will ensure that your credit and debit card details are protected on our systems however, we will not be liable for any loss you may suffer in the event a third party gains unauthorised access to any data which you provide when ordering from or accessing this website.
9. SHIPPING INFORMATION PROCESSING TIMES
Provided the ordered products are in stock, orders are processed Monday to Friday and are dispatched within 3 business days after your order is placed excluding weekends and public holidays.
10. INTERNATIONAL SHIPPING
We charge a flat rate of $30 for all international orders. We use Australia Post International shipping services that have a 5-15 business day delivery time once the order has been shipped. Shipping times vary per destination and customs fees and any taxes associated with your orders are solely your responsibility.
11. AUSTRALIAN SHIPPING
We charge a flat rate of $18 (including GST) for all domestic orders. We use Australia Post Express Airmail which will provide you with a unique tracking code for your order that can be tracked online with Australia Post. We work to deliver products within 7 business days unless otherwise noted. Rozalia Pty Ltd will use its best endeavours to ensure that products are delivered within the estimated 7 business day timeframe.
12. SHIPPING TERMS
The above delivery times are to only be used as a guide and we will not be held liable for any delays which may be caused by customs. If upon delivery of your order you are not available to collect your package, the parcel will be held at your local post office for your collection.
13. LOSS OF PRODUCTS
We will not be responsible for lost or stolen packages or packages which may be delayed or lost in transit.
14. FAULTY OR DAMAGED PRODUCTS
We warrant that all products will be delivered undamaged and in excellent condition. In the event that you tell us that the product is faulty or damaged, you agree to keep the product in its original condition and return it to us within 7 days of receiving the product. All returned faulty or damaged products must be accompanied by your original tax invoice. Subject to stock availability, we will then provide you with a replacement product. In the event that a replacement is not available, you will be offered a credit note or refund for the faulty product.
If upon receiving the returned product, we find that the product has been worn, has deteriorated through normal wear and tear, has been misused or has been subjected to neglect or carelessness by you, we may at our discretion decide not to provide you with a replacement, credit note or refund. We may also require you to pay all reasonable carriage and servicing costs and charge this to you through the same method that you used when paying for your order.
15. RETURN AND REFUNDS
We will accept any returns within 15 business days from the date in which you received confirmation that your order has been dispatched. A return approval sheet is provided with each order containing instructions that must be followed in order to return products or receive a refund. Should you have any questions in regards to the return approval sheet please email us at firstname.lastname@example.org.
We will not accept any returns or exchanges nor will we entertain any requests for refunds in excess of 15 days from confirmation of your order being dispatched.
All items that you wish to return within the accepted time frame must not be worn, washed or altered and must be accompanied by all original tags, packaging and tax invoice. Footwear must be in its original condition and must be returned in its original box. Due to health and safety reasons, all swimwear must be tried on with undergarments and the protective hygiene strip must remain in place. Swimwear which is not returned with the hygiene strip in place will not be accepted. Failure to return products in their original conditions will result in product not being approved for return.
Unless items are faulty, we are unable to offer exchanges, returns or refunds on sale items. Faulty sale items will be subject to the same procedure as outlined in clause 14.
Once a product has been received and approved for return, the balance of the product will be refunded to the account in which you made payment of the product within 21 business days of the item being received by us.
All products should be returned to the following address:
PO Box, 307 Richmond, Victoria 3121
Please note that all products are your responsibility until they are returned to us. We will not issue an exchange or refund for products which are not received or are lost in transit.
16. NON-REFUND OF SHIPPING FEES
All shipping fees are non-refundable and are solely your responsibility. This includes the original shipping cost for your order as well as the return-shipping cost, and in the case of an exchange, the cost of shipping the new item to you.
17. INTELLECTUAL PROPERTY AND CONTENT
We own all intellectual property rights in relation to all software and content made available to you on or through this website.
Content includes any copyright, designs, trademarks, graphics and photographs (including all image rights). All content available on or through this website is protected by copyright laws and international treaties. You are not permitted to publish, manipulate, duplicate, copy, sell or otherwise reproduce any of the abovementioned content which appears on this website Any such action may result in statutory sanctions.
You may however store, print and display images of products sold on this website for your own personal use or on your personal social media platforms such as Facebook, Twitter or Instagram.
We will use our best endeavours to ensure that all information contained in this website is correct.
18. NO COMMERCIAL USE
This website is strictly for non-commercial use. As such, you must not use this website or any content contained herein to further any commercial purpose of your own. However, as mentioned above in clause 17, you may display images of Rozalia Pty Ltd's products for your own personal use on your personal social media platforms.
19. ACTIVITY AND PROHIBITIONS
You warrant that you will not misuse this website. Your access to this website will be denied on a permanent basis if we consider you to have engaged in a prohibited activity or have in any way breached these Terms.
For the avoidance of any doubt prohibited activity includes, but is not limited to, the following:
• committing or encouraging a criminal offence;
• distributing a technologically harmful virus, trojan or worm;
• hacking into any aspect of this website;
• not being respectful towards other users of this website; or
• sending unsolicited advertising or promotional material or "spam".
We will not be liable for any viruses, trojans, worms or other technologically harmful material which may infect your computer, equipment, data or software due to your use of this website. It is our strong recommendation that you ensure that your computer has up to date virus checking software.
20. THIRD PARTY
Hyperlinks to other websites may appear on this website. As such, we will not be responsible for any content displayed on external pages and we shall not be liable for any loss or damage arising out of your use of an external page which is hyperlinked to this website.
21. AUSTRALIAN CONSUMER LAW
If you are an Australian purchaser you have rights under Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) which include, but are not limited to, the following:
• products ordered through this website will be of satisfactory quality and fit for the purpose intended; or
• the availability of remedies if a product is damaged or faulty.
We warrant that nothing in these Terms is intended to affect your rights under Australian Consumer Law.
22. LIMITATION OF LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud, death or personal injury caused by our breach of duty, any breach of the obligations implied by law or your statutory rights as a consumer.
We will only be liable for losses which are direct and reasonably foreseeable losses arising as a result of a breach of these Terms.
We will not be liable for failing to meet any of our obligations under these Terms where such failure is unforeseeable and beyond our reasonable control.
We shall therefore have no liability for, amongst others, the following:
• indirect loss;
• contemplated loss;
• loss of revenue;
• loss of profits;
• loss of opportunity; or
• loss of reputation.
We will only be liable for losses up to 100% of the total value of goods purchased.
You agree to indemnify, defend and hold harmless Rozalia Pty Ltd, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal costs) arising from your use of this website or your breach of these Terms.
24. OUR CONTRACT
A contract between us for the purchase of our products will not be formed until your payment has been received by us. You acknowledge and agree that nothing in these Terms shall create or be deemed to create a partnership, agency, joint venture or employment relationship between you and us as a result of your use of this website.
25. NO WAIVER
No failure or delay by us or you in exercising any right under these Terms shall constitute a waiver of any such right nor will it extend to affect any other or subsequent rights or remedies in respect of it, or in any way modify or diminish our or your rights under these Terms.
26. CHANGES TO THESE TERMS
We reserve the right to amend these Terms at any time without informing you. You should ensure that you regularly check this site for any updated Terms however, your continued use of this site will be deemed acceptance of any new Terms.
27. GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia. In the event of any dispute or claim under or in relation to these Terms will be subject to the exclusive jurisdiction of Victoria, Australia.
28. ENTIRE AGREEMENT
The above Terms constitute the entire agreement between parties and supersede any and all preceding agreements between you and Rozalia Pty Ltd.