1. Terms of Usage
These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Websites (“you” or “your”) and us.
3. Disclaimer of Warranties
Except where expressly stated, we make no representations about the currency, accuracy, suitability or reliability of any content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of or in connection with your use of, the Websites (“Material”). The Material is provided “as is” and without warranties of any kind, either express or implied including without limitation implied warranties of merchantability and fitness for any particular purpose.
Any Material made available through the Websites whether it be on the Websites, as an email, or any other transmission is provided as general information only and should not be relied upon in place of professional or expert advice.
We, including our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Websites will be uninterrupted or error free, that any defects will be corrected or that any Websites or server which stores and transmits any Material will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.
You as the user will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.
4. Limitation of Liability
To the full extent permitted by law, any terms, conditions or warranties in relation to the Websites and any Material are hereby excluded. In so far as liability pursuant to legislation may not be excluded, such liability is limited, at our discretion, to the resupply of any service again or payment of the cost of having the service performed again, or the replacement or repair of goods or payment of the cost of having the goods replaced or repaired, as the case may be.
5. User Obligations
- not to tamper with this Websites, misrepresent your identity, use buying agents or conduct fraudulent activities on the Websites;
- not to transmit or attempt to transmit any viruses, hack data or engage in any hacking activity of any kind;
- not to use the Websites to track the personal information of others;
- to access this Websites for personal use only;
- not to submit false or misleading information;
- not to use the Websites to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to comply with all laws in relation to your access or use of Materials on this Websites, including laws of the country in which you reside or from which you access this Websites; and
- not to use any data listed on this Websites for commercial purposes e.g. through price or information scraping.
6. Contributing Content
- You are legally responsible for all content including without limitation any information, material, images (moving and still), graphics, sound, software, hyperlinks, data, logos and trademarks that you submit to the Websites (“Information”);
- You warrant that you have all the necessary or required licenses, rights (including without limitation copyright, privacy, moral or intellectual property rights), consents and permissions to submit or post Information on the Websites and that all Information is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent or in contempt of any court or parliament and does not contain any computer virus;
- We reserve the right to refuse access to any person or to edit, block or delete Information submitted or posted on the Websites by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of the Websites.
7. Our Products
Certain products or services may be available exclusively online through the Websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product.
8. Web Links
We may provide links within this Websites and may also provide links within emails for your convenience and reference. We do not endorse and are not responsible for any such information, material, products and services associated with these links and usage by you is done so at you own risk.
We do not accept any responsibility for material contained in any Websites linked to this Websites.
9. Copyright and Intellectual Property Rights
All content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, and all trade names, trade marks, service marks and other product and service names and logos in the Websites (“Content”) is protected by Australian and International law, including without limitation Copyright and Trade Mark law.
We own all intellectual property rights in and to the Websites and in and to the Content or use both or any of them under licence or applicable law.
When you access the Websites, you agree as follows:
- You may save a local copy of or print Content from the Websites for your own personal information and to inform others about it, but you may not charge any fee for any use and all commercial use or exploitation of the Websites or any Content is expressly prohibited;
- Any copyright notice or mark appearing on any Content must be included on any copy you make;
- You must keep all Content intact and in the same form as presented on the Websites;
- You may not modify it without our prior written permission;
- You must not reproduce, republish or otherwise make available any Content on the Internet or any means including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent; and
Activities you must not engage in include:
- Making a copy, modification, adaptation or reselling or redistributing any material on this Websites;
- Making any commercial use of material on this Websites, unless such use is authorised in writing by us;
- Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Websites;
- Accessing or using of the Websites by any means that is contrary to our commercial interests (including without limitation to facilitate a means of encouraging users of the Websites to use another Websites offering services similar to those on the Websites); or
We reserve the right to undertake any legal action we deem necessary to protect our intellectual property rights. We also reserve the right to take legal action on parties who have misinformed, mislead, abused or misused any or all of the Content.
We reserve the right to refuse access to the Websites to anyone for any reason at any time.
As a registered user of the Websites, you will receive or establish an account which may include login details such as username and password (“Account“). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone or use anyone else’s Account.
You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We shall not jointly or severally be responsible for any losses arising out of the unauthorised use of your Account.
You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify any software used or provided in or in connection with the Content or the Websites (“Software”) in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorised access to the Websites.
14. Waiver & Entire Agreement
TERMS AND CONDITIONS OF SALE
Reign Cartel (ABN 40750675902) (“Reign Cartel”)
“Agreement” means these Terms & Conditions of Sale (“Terms”) and the Purchase Order;
“Customer” means the purchaser of the Goods;
“Goods” means the Reign Cartel product/s specified in the Purchase Order; and
“Returns Policy” means Reign Cartel’s returns and refunds policy as available on its Websites; and
Reign Cartel agrees to supply and the Customer agrees to purchase the Goods in accordance with this Agreement which includes the Returns Policy.
1. Orders & Acceptance
A Customer may order Goods by selecting and submitting an order through the Websites in accordance with this Agreement (“Purchase Order”). Reign Cartel reserves the right to accept or reject a Purchase Order for any reason, including (without limitation) if the requested Goods are not available, if there is an error in the price or the description of the Goods posted on the Websites or in the Purchase Order. No Purchase Order which has been accepted by Reign Cartel may be cancelled by Customer.
Reign Cartel, in its absolute discretion, is entitled to cancel a Purchase Order at any time by providing the Customer with written notice of such refusal.
2. Payment and Prices
The purchase price of each Good is shown on the product list on the Websites at the time the Customer places its order. The prices of Goods and delivery and other charges displayed on the Websites are current at the time of issue, however, Reign Cartel reserves the right to change prices at any time before it accepts a Purchase Order.
Reign Cartel will charge the Customer, and the Customer agrees to pay, the following fees and charges in relation to a Purchase Order:
- the purchase price of each Good that is ordered; and
- the delivery fee for delivering the Goods,
(together, the “Price”).
All fees and charges identified in this Agreement and all prices for the Goods as shown on the Websites are inclusive of GST (unless otherwise indicated).
The Customer shall pay the Price immediately upon submitting the Purchase Order.
Reign Cartel will charge the Customer an appropriate fee for delivery of Goods as advised separately to the purchase price of the Goods. The Customer shall pay all freight and other charges associated with the delivery.
Reign Cartel will endeavour to deliver the Goods to the Customer within the specified timeframe. Reign Cartel is not responsible for delays in estimated delivery times or for increases in postage delivery costs beyond its control.
Once Reign Cartel has passed the Goods onto the relevant delivery company, Reign Cartel is not responsible for any loss or non-delivery of the Goods. Overseas Customers are responsible for ensuring that they are permitted to import the Goods.
4. Defects and Returns
Reign Cartel will repair, replace or refund any defective Goods in accordance with the Returns Policy or as otherwise required by law. Returns of non-defective will be treated in accordance with the Returns Policy.
The Customer agrees to comply with the procedures specified in the Returns Policy in relation to any Goods.
If Goods are proven to be damaged or defective, Reign Cartel’s maximum liability for the Goods is the refund of the Price paid by the Customer in relation to those Goods.
5. Title & Risk
Other than as specified, risk of loss or damage to the Goods passes to Customer upon postage. Title will pass to the Customer upon delivery following payment of the Price and delivery charges, taxes and any interest due under this Agreement.
The Customer grants Reign Cartel a right to enter upon any of its premises for the purpose of repossessing the Goods in the event of default, without prejudice to any other rights of recovery available. Until the Customer has paid all monies owed to Reign Cartel on any account, the Customer will hold the Goods as bailee in a fiduciary relationship. The Customer will ensure that unpaid Goods are stored so that they remain recognisable and distinct as the property of Reign Cartel. Customer acknowledges that this Agreement constitutes a security agreement under the Personal Property Securities Act 2009 (PPSA), that Reign Cartel has a security interest in the Goods and any proceeds, Reign Cartel’s rights in the Goods established under this clause are a ‘purchase money security interest’ (PMSI) and Reign Cartel will have a PMSI in proceeds of those Goods.
6. Warranties and Liability
Customer may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) or other applicable laws including consumer guarantees that the Goods will be of acceptable quality and fit for the purpose disclosed in writing by Reign Cartel. These Terms do not exclude or limit these guarantees or any other statutory rights that Customer may have under applicable laws. To the extent permitted by law: (a) all guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded; and (b) Reign Cartel’s liability for any loss arising from a breach of such guarantees, conditions and warranties, or these Terms, is limited to: either replacement of the Goods, the supply of products equivalent to the Goods, the repair of the Goods, or the cost of replacing the Goods or acquiring products equivalent to the Goods, or the payment of the cost of having the Goods repaired. To the extent permitted by law, Reign Cartel will not be liable for any loss which Customer pays, suffers, incurs or is liable for any reason, including as a result of delay, negligence or any act, advice, matter or thing done or permitted or omitted to be done by Reign Cartel, its employees or agents in any way connected with or arising out of these Terms.
7. Reservation of IP Rights
Reign Cartel reserves all intellectual property rights in relation to its Goods. Customer may not use Reign Cartel’s trade marks, branding and copyright without Reign Cartel’s permission.
- Before initiating proceedings in respect of a dispute between the parties arising out of this Agreement, a party must refer the dispute for mediation to the Australian Commercial Dispute Centre Limited. If the dispute has not been resolved within sixty (60) days of such referral, either party is free to initiate proceedings in a court. Nothing in this clause will prevent a party from seeking interlocutory relief through courts of appropriate jurisdiction.
- Governing Law. This Agreement is governed by the laws of the State of Victoria, Australia.
- Entire Agreement. This Agreement contains the whole of the Agreement between Reign Cartel and the Customer regarding the supply of the Goods. Customer agrees that these Terms apply to the Agreement to the exclusion of any other terms, including any on printed documents issued by Customer at any time and are in addition to all other rights which Reign Cartel may have at law.
- Any failure by a party to compel performance by the other party of any of the terms and conditions of this Agreement will not constitute a waiver of those terms or conditions nor will it diminish rights arising from their breach.
- Amendment. This Agreement may only be amended in writing.
- The Customer will not assign its rights under this Agreement without the prior written consent of Reign Cartel.
- Force Majeure. Reign Cartel will not be liable for any failure to carry out the supply of the Goods where that failure is due to any cause beyond the reasonable control of Reign Cartel.
- Clause Severance. If any part of this agreement is invalid or unenforceable then, if possible, the offending part will be read down to be partially valid and enforceable. Otherwise, the offending part must be severed and the remaining provisions will operate as if the severed part had not been included.