These Terms and Conditions form a contract between the customer (you) and Rift Safety Gear Pty.Ltd. ACN 158625944 and apply to the ordering, purchase, fulfillment and delivery of goods from www.riftsafetygear.com.au.
Please read these Terms and Conditions carefully before placing your order as these Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability. If you do not understand these Terms and Conditions or if you have any questions, please contact Rift Safety Gear 1800 761 053 or send us an email via our web page and a Rift Safety Gear representative will be happy to assist you.
The following definitions are used in these Terms and Conditions.
Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the goods are to be delivered as stated on the electronic Order form on the website.
Delivery Agent means any nominated third party delivery or shipping company for Rift Safety Gear Pty Ltd.
Delivery Fee means the fees charged by the Delivery Agent of Rift Safety Gear for the delivery of Goods.
Goods means the items offered for sale described or displayed on the website.
GST has the meaning provided by a New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase goods from Rift Safety Gear in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each good as specified on the website (for the avoidance of doubt, including GST).
Returns Policy means the Rift Safety Gear Returns and Refund Policy (Clause 24)
Terms and Conditions means these Terms and Conditions, as amended from time to time.
Website means www.riftsafetygear.com.au
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our means Rift Safety Gear Pty Ltd.
You or Your means you as the purchaser of goods from Rift Safety Gear pursuant to these Terms and Conditions.
2.1 You agree to be bound by these Terms and Conditions when you submit an order.
2.2 Each order you submit will be a separate and binding agreement between you and Rift Safety Gear with respect to the supply of goods, in accordance with these Terms and Conditions.
4.3 In the event that we reject an order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) business days after the placement of the order. Rift Safety Gear will not be liable to you for your loss or that of any third party for the rejection of an order.
4.4 Where we reject an order and your payment for the goods has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rift Safety Gear is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your order under these terms and conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order in accordance with this clause 4.
5.1. You acknowledge and agree that from time to time, some goods on the website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, Rift Safety Gear will contact you within five (5) business days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rift Safety Gear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any goods displayed on the website from sale either temporarily or permanently at any time without notice to you. Rift Safety Gear will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular good.
5.3. Where your order is affected by an error on the website (for example, in relation to a description of goods, an image, price or otherwise), we will reject the part of the order that is the subject of the error in accordance with clause 4. If applicable, Rift Safety Gear will proceed to fulfil the remainder of your order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your order, you can return your order to us in accordance with the Returns and Refunds Policy (Clause 24).
5.4.You acknowledge and agree that:
a) All pictures and images of goods displayed on the website are for illustration purposes only, and the sizes and dimensions of goods may differ in real life.
b) You have read any corresponding written description of the goods prior to submitting your order.
c) The colour of goods as shown on the website may vary slightly in shade in real life.
d) Where we provide sizing or other measurements in the descriptions of a good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order and any accessory featured with the goods is for illustration purposes only.
6.2 Unless otherwise stated, all prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. delivery fees) imposed by these terms and conditions also include GST where applicable.
6.3 Rift Safety Gear reserves the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing (provided your order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any order, we will charge you and you agree to pay:
a) The Price (which is the price at the time the order is submitted); and
b) The Delivery Fee (if any).
6.5 You can pay for your goods by any of the methods specified on the electronic order form on the website from time to time, which include but are not limited to credit account, credit card or Pay Pal. When paying by credit card, you authorise Rift Safety Gear to debit your nominated card at the time you submit your order. The name on the credit card used for the payment must match the name on the order.
6.6 You acknowledge and agree that any payment in respect of an order must be cleared by Rift Safety Gear before goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these terms and conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your order.
6.7 In paying or attempting to pay for the goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
6.8 You will receive a tax Invoice by email once payment in respect of your order has been processed.
6.9 Rift Safety Gear uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.2 You should refer to the Shipping Policy (Clause 25) for the applicable delivery fee for the goods.
7.3 Indicative delivery time frames are set out in the Shipping Policy (Clause 25).
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
a) Rift Safety Gear cannot guarantee that delivery will occur in the stated delivery time frames;
b) Delivery time frames may change from time to time due to unforeseen circumstances; and
c) Except where required by applicable law, Rift Safety Gear is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of goods will take place at the delivery address specified by you during the order process. You will need to submit a separate order for goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your goods to the delivery address due to the size of the package or because there are restrictions on access to the delivery address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your goods from the Australia Post office within 10 working days of a failed delivery, you must contact Rift Safety Gear by emailing us at www.riftsafetygear.com.au for further information with respect to claiming your order. If goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your goods and check that the goods delivered match your order. If there is obvious damage to the goods due to transit, you must contact Rift Safety Gear as soon as practicable via the Customer Service section of this website. If the goods are not as ordered, you may return the goods to us in accordance with the Returns and Refunds Policy (Clause 24). If Goods are missing from your order, you may call Rift Safety Gear, or return the order in accordance with the Returns Policy(Clause 24) . You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any goods replaced under the Returns Policy (Clause 24) due to being faulty, damaged, or incorrect will be delivered to you free of charge.
Risk and title in the goods passes to you on the date and time of delivery of the goods to the delivery agent.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns and Refunds Policy (Clause 24). The Returns and Refunds Policy (Clause 24) forms a part of these terms and conditions. In order for your return or exchange to be processed the goods must be returned in the exact same condition that they have been received in. This also includes any swing tickets or tags that are attached to the garment.
9.3. Where we reject or cancel your order under these Terms and Conditions, we will refund the price of the goods to you in accordance with these terms and conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Rift Safety Gear is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Rift Safety Gear is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your order.
The Rift Safety Gear Website Terms form a part of these terms and conditions
You represent and warrant to Rift Safety Gear that:
a) All information (including Personal Information) and data provided by you to us through the website is true, accurate, complete and up to date, and (where
relevant) you have obtained the consent of your nominated recipient to provide their personal Information to Rift Safety Gear;
b) Any nominated representative receiving the goods on your behalf at the delivery address is duly authorised by you to do so;
c) You are over the age of 18;
d) In placing your order, you have read and agree to these terms and conditions; and
e) In placing your order, complied with all laws.
13.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever causes including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our website.
13.2 Subject to any rights you have under any consumer protection law which cannot be excluded, Rift Safety Gear excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
13.3 Our liability to you for loss or damage of any kind arising out of these terms and conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
a) For convenience, at any time, upon provision of notice to you;
i) If Rift Safety Gear reasonably believes that you have breached these terms and conditions, and that breach is not capable of remedy; or
ii) If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
15.2 Rift Safety Gear may give notice to you by electronic mail. You may give notice to Rift Safety Gear by electronic mail to the Customer Service email address of this website.
15.3 Any provision of these terms and conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.4 A failure or delay by Rift Safety Gear to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Rift Safety Gear does not preclude its future exercise or the exercise of any power or right.
15.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Victoria.
16.1 Respecting your personal information is very important to us.
Trading on a Rift Safety Gear credit account will be immediately suspended if the invoices issued are not paid within 14 days of “Invoice Payment Due Date”.
23.2 Any failure by us to enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms and Conditions.
23.3 We may give notices to you via the details you provided to us as part of your account application. You may give notice to us by emailing Customer Service.
23.4 This document is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
This policy applies to products purchased from the website www.riftsafetygear.com.au for delivery within Australia.
HOW CAN I REQUEST A RETURN, EXCHANGE OR REFUND?
You can create a new return request using our easy online returns system. All you need is your order number and email address with which you placed the order, which can be found in your order confirmation email.
WHAT HAPPENS IF MY PRODUCT IS FAULTY?
Rift Safety Gear takes extreme care in ensuring our goods are of the highest quality. However, if for any reason you find a fault with one of our products we would like to help you resolve the problem. You must notify us within 24 hours of received the goods and create a new return request for faulty items using our easy online returns system (outlined above). In instances where your order was placed more than 30 days ago, please contact Rift Safety gear on 1800 761 053 (8am and 5.30pm AEDT Monday to Friday) who will advise and assist with the returns process. Rift Safety Gear will ensure all costs associated with returned goods, including delivery, is at no expense to you.
WHAT ARE MY OPTIONS WHEN I RETURN AN ITEM?
Whether your item was faulty or you’ve just changed your mind, Rift Safety Gear provides three returns options:
1. Exchange for an alternate size/colour (subject to stock availability)
2. Credit to your Rift Safety Gear online account (for customers with a Rift Safety Gear account)
3. Refund to your original method of payment (e.g. Credit Account, Credit Card or PayPal)
On occasion, your requested replacement item may have sold out by the time your product is posted and received by Rift Safety Gear. If your replacement is not available, your online account or account with which you paid will be refunded.
HOW LONG WILL IT TAKE TO RECEIVE A REFUND?
Sometimes packages can take a little while to get back to us, so please allow up to 30 days for us to process your return from the time you send your gear.
We’ll be doing our best to refund/credit your account as soon as the package is in our hands.
HOW DO I CONTACT THE RIFT CUSTOMER SERVICE TEAM?
The Customer Service team operates on Monday to Friday (excluding National public holidays) from 8.30am until 5.00pm (Australian Eastern Standard / Daylight Savings Time). Please call 1800 761 053 (from Australia only) or you can contact us via email at [email protected]
Your privacy is very important to us. We take this responsibility seriously and are very careful about how and when your personal information is collected, used and shared. This statement outlines what our commitment is, why we need to collect personal information, who we may share that personal information with and how you may request access to and correction of the personal information that we hold. This statement relates to personal information we collect through the Website.
WHAT WE COLLECT
Personal information we collect may include: your name, address, phone and other contact details (fax, email etc), date of birth, gender, merchandise information (purchases, orders etc), method of payment. You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information, products, or services. We do not store your credit card details in any way; they are secured by 128-bit SSL encryption and transmitted directly by you to our payment processing provider.
HOW WE COLLECT IT
The personal information we collect is generally supplied directly by you through our Website. For example, the details you provide us when you place an order, open an account, subscribe to our emails, join a mailing list, submit an enquiry, or provide feedback to us. There are also certain situations in which we may collect personal information about you from someone else. For example we may collect information from third parties including public sources, our related companies, your organisation, your representatives and information service providers.
We also receive and store certain types of information through the use of ‘Cookies’, when you interact with Rift Safety Gear via the Internet. Cookies are alphanumeric identifiers that are placed on your computer’s hard drive through your web browser. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. We recommend that you leave your cookies enabled as they allow our systems to recognise your browser and provide quicker and easier use of our Website.
WHY WE COLLECT IT
We collect personal information for a number of reasons, including to: deliver, administer and improve the products and services that we offer you, complete
other transactions with you or on your behalf, protect against fraud or theft, provide offers and promotions that we consider may be of interest or benefit to you, work with our related companies and service providers, maintain and update our records, protect and uphold the rights, property and safety of us, our customers and others and generally provide you with a premium customer experience.
WHO WE SHARE IT WITH
We may exchange your personal information with other companies who perform part of our service delivery or provide other support services to us, for example, organisations that assist us with postal, data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection and maintenance services. We may otherwise use or disclose your personal information with your consent (or if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure) or where required or authorised by law, which may include emergency situations and assisting law enforcement agencies. Third parties to whom we disclose personal information may be located in Australia and other countries.
THIRD PARTY SITES
USE OF THIS WEBSITE OUTSIDE AUSTRALIA
We welcome visitors from outside Australia. However, this is an Australian based website and this privacy statement governs the personal information collected at this website irrespective of where you may be located when you visit the website and interact with it. Currently our company website does not ship outside of Australia. However, please contact [email protected] to discuss shipping rates of bulk orders / goods that we can most certainly get to you.
We will not knowingly collect information from any unsupervised person under the age of 18. If you are under 18 years of age you must not submit any personal information to us unless you have the consent of, and are being supervised by, a parent or legal guardian.
How you may access or update your personal information that we hold and how we deal with your concerns is available on request or via www.riftsafetygear.com.au. For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.