TERMS & CONDITIONS
Welcome to Retro Readers!
In these terms, we also refer to Retro Readers (our full name being Franzelle Du Plessis t/a Retro Readers ABN 40 614 317 035) as we, us or our.
And you are you!
What are these terms about?
These terms apply when you use this website www.retroreaders.com.au and any other websites we operate with the same domain name and a different extension (Website).
These terms also apply when you purchase our products made by brands that operate with a purpose through this Website (Products).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
How do I read these terms?
We separated these terms into three parts, so that they are easy to read and understand.
Those parts are:
PART A: Terms for when you buy Products (applies when you buy)
PART B: Terms for when you browse and interact with this Website (applies when you browse)
PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms and please don’t use this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
PART A
FOR WHEN YOU BUY PRODUCTS
1. SUBMITTING AN ORDER
(a) By submitting an order to buy a Product using the Website's functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a legally binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into a contract with us on the terms set out in Part A and Part C of these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your Order is being processed.
2. ACCOUNTS
(a) You may submit an Order as a guest, or you may submit an Order with an account. If you would like to create an account (Account), you can do this on the Website.
(b) When you create an Account, you agree to provide honest, accurate, up-to-date and complete information.
(c) You agree that you are solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(d) You agree to notify us if you detect any unusual activity on your account as soon as you become aware of it.
(e) We may, in our discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website however, please note that due to screen display, colour and brightness, image quality and reasonable variations in the manufacturing process, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery of your Products to the third party carrier. You must not refuse delivery.
4. PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing the submission of an Order without notice.
(b) (Payment obligations) You must pay for all Products at the time of submitting an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Products were purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Products at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. DISCOUNT CODES
(a) We may provide promotional codes offering a discount on the Products (Discount Code).
(b) You agree that Discount Codes:
(i) may not be applied retrospectively to an Order;
(ii) are non-transferrable;
(iii) cannot be redeemed for cash or store credit; and
(iv) may be subject to additional terms and conditions.
6. DELIVERY AND SHIPPING
(a) (Delivery Costs) The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) Retro Readers may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Retro Readers; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Please let us know if there are any issues with delivery. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not guarantee that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (International Orders) Retro Readers reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
7. CHANGES TO YOUR ORDER
(a) (Cancellations by us) We reserve the right to cancel your Order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(b) (Cancellation by you) You may cancel your Order up to the time that we email you confirming that your Order is being processed. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in this clause 8 may apply.
(c) (Refunds for change of mind) We do not offer refunds for change of mind. However, if you are unhappy with your Product or if there are any problems with your Product, please contact us using the contact details or form provided on our Website.
(d) (Refunds for faulty products) We will provide a full refund of the price paid for a Product if we determine that:
(i) you did not receive the Product that you ordered due, solely, to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, image quality and reasonable variations in the manufacturing process); or
(iii) a Product is faulty, in accordance with clause 8(e).
(e) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the contact details or form provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us, at your cost, for further inspection.
(iii) When returning the Product for inspection, it must be returned in its original condition, including any packaging, tags, manuals and accessories shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iv) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(v) If we determine that the Product is faulty, you will be credited the full amount paid (including reasonable shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(vi) If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our discretion, issue only a partial refund or no refund.
(vii) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
8. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to your Order, including delivery of your Order; or
(ii) procure the Products from third party suppliers; without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay, damage your Products or are negligent in providing services or goods.
9. PUBLISHING PHOTOS ONLINE AND ON SOCIAL MEDIA
You may publish images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Retro Readers” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 10, remove any accreditation to us.
10. RATINGS & REVIEWS
(a) You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and our service (Review) on the Website.
(b) You must provide true, fair and accurate information in your Review. Ratings must be a true and fair reflection of your opinion regarding a Product.
(c) You may only provide a Rating for a Product you have purchased and write a Review for your own experience about a Product and our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.
(d) We reservice the right to remove or delete any Rating or Review for any reason.
PART B
FOR WHEN YOU BROWSE THIS WEBSITE
11. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written agreement;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
13. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors and/or defects;
(ii) the Website will be accessible at all times;
(iii) messages or enquiries sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website content.
14. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
15. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
16. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
17. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contact details or form provided on our Website.
PART C
LIABILITY AND OTHER LEGAL TERMS
19. INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing and downloads) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you. Intellectual Property rights owned by us include the intellectual property rights in the name “Retro Readers”, the Products including the design, shape, size and colour of the Products as well as any labelling and packaging and images or videos of the Products (collectively, Our IP).
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or Our IP without our written approval or as permitted by law.
(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
20. LIABILITY
(a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 toany person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any goods (including the Products) or services provided by us.
(b) Products sold by us, will only have the benefit of any warranty given, and insurance held, by the manufacturer and in the case where we are considered the manufacturer, any warranty or insurance held by us will only be to the extent required under the Competition and Consumer Act 2010 (Cth).
(c) All other express or implied representations and warranties in connection with Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
(d) Nothing in these terms are intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(e) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods (including the Products) or services provided by us.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any goods (including the Products) or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
21. FORCE MAJEURE
(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 22(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of these terms, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
22. NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, (in our case) to fran@retroreaders.com.au and (in your case) to the email address associated with your Account or if you do not have an account, with your Order (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
23. GENERAL
(a) (Governing law and jurisdiction)These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(b) (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(c) (Severance) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.
(d) (Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(e) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
(f) (Costs) Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
(g) (Entire agreement) These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection with the subject matter of these terms.
24. INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or "dollar" is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.