Please read these Terms and Conditions “terms” before using the Raine Designs online store. This website is operated by Raine Designs. In these Terms and Conditions, the terms “we”, “us” and “our” refer to Raine Designs ABN 53 747 859 202. Your access to and use of the site, including your order of products, is subject to these Terms and Conditions. 

CHANGES TO TERMS

We amend these terms from time to time. Such modifications will be effective as soon as they are posted. If you have an order that has been accepted by us, the terms that will apply to that order are the Terms and Conditions that applied at the time you place your order. We cannot vary the Terms and Conditions which apply to a given order after it has been accepted by us.

By continuing to use the site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions.

GENERAL CONDITIONS

This agreement is governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

We reserve the right to terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if we reasonably suspect that you have commit fraudulent act and/or you breach these Terms and Conditions.

DISCLAIMER

The information contained in this site is provided in good faith on an “as is” basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on this site. To the extent permitted by law, we are not responsible or liable for any liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this site.

OUR PRODUCTS

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display accurately reflects the colour of the products. Please let this be considered when making your purchase.

PLACING AN ORDER

If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the site. You may order products by selecting and submitting your order through the site in accordance with these terms. All orders are subject to product availability and confirmation of the order price.

By placing an order with our online store, you agree to be bound and comply with, these Terms and Conditions by: (a) using the site; (b) completing your registration through the site; and/or (c) obtaining or ordering products from us using the site or by any other method of sale. We must receive payment in full for the products at the time the order is placed by you. Once payment had been received by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

DELIVERY OF PRODUCTS

As the customer and importer of the product you will be responsible for all following fees and charges: (a) the purchase price of each product that is ordered; (b) the delivery fee for delivering the products to you; and (c) any other fees or charges set out in these Terms and Conditions.

We will deliver the products ordered by you to the address given to us for delivery at the time of order placement. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please Contact Us as soon as possible and we will endeavour to action this providing the order has not yet been shipped. Once the goods have been delivered you will become the owner of the products. We will not be liable for their loss or destruction.

Import duties or tax costs will be invoiced to you directly from the appointed forwarder. Raine Designs are not responsible for any delays on products that have been held back as a result of procedures carried out by your local customs authorities. Please refer to Shipping & Delivery for full Terms & Conditions.

EXCHANGE POLICY

At Raine Designs we pride ourselves in the quality of our products. We personally oversee all products before they are sent out for delivery to ensure they are capable for the use which they were made.

Damaged or defective products purchased directly with Raine Designs, can be returned for an exchange, credit note or refund. Unless we are notified by email within 7 days of delivery of any products and such notification is confirmed by return email within 7 days of its receipt by us, the products shall be deemed to have been accepted by you.

Issues must be considered a fault by Raine Designs to claim against the Guarantee. We do not refund products: (a) damaged by abuse or negligence; (b) damaged by misuse or activities other than the intended purpose; or (c) returned on a change of mind basis. If the product damage was caused by reasons such as material qualities or the manufacturing process then we will ask you to refer to our Returns & Exchanges instructions and will offer you a replacement product, credit note or refund at our discretion. Please refer to our Returns & Exchanges for more information.

ACCEPTANCE OF AN ORDER

Whilst we try to ensure all details, descriptions and pricing which appear on this website are accurate, errors may occur. We reserve the right to accept or reject your order for any reason, including (without limitation) if: (a) the requested product is not available; (b) there is an error in the price or the product description posted on the site or in your order; (c) your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or (e) that order has been placed in breach of these terms.

If we reject an order placed through the site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. We will give you the option of reconfirming your order or cancelling it. If we are unable to contact you, your order will automatically be cancelled. If the order is cancelled and you have paid for the products you will receive a full refund.

Each order placed for products through the site or any other means that we accept results in a separate binding agreement between you and us for the supply of those product(s). For each order accepted by us, we will supply the products in that order to you in accordance with these Terms and Conditions. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute information of our offer to sell.

PRICES, FEES & CHARGES

All prices shown on this site are in Australian Dollars (AUD).

We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept: (a) the purchase price of each product that is ordered; (b) the delivery fee for delivering the product(s) to you; and (c) any other fees and charges set out in these Terms and Conditions. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice at any time. We are not liable to you for any modification, price change, suspension or discontinuance of the Service.

PERSONAL DATA

Before placing an order for products, you will complete the customer registration process through the site. You agree to provide us with current, complete and accurate details when asked to do so by the site. Your submission of information through the online site is governed by our Privacy Policy.

USER FEEDBACK & OTHER SUBMISSIONS

If you send submissions (e.g. creative ideas, proposals, plans) via post, email or online, you agree that we may, at any time, without restriction, edit, copy and/or distribute comments that you forward to us. We are and shall be under no obligation to: (a) maintain any comment in confidence; (b) pay compensation for comments; or (c) respond to comments.

You agree that your comments will not contain unlawful, misleading, abusive or obscene material. You further agree that your comments will not violate the right of any third-party, including copyright, trademark, privacy or any other proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion as unlawful, defensive and/or threatening.

USE OF THE WEBSITE

You covenant and warrant that: (a) all information and data provided by you to us is true, accurate, complete and up to date; (b) the person receiving the product(s) at the delivery address is authorised by you to do so; (c) you have and will comply with all relevant laws relating to your use of the site and your placement of any order to us; (d) you will ensure that your Login ID, password and account details that are used to access the site are kept in a safe and secure manner; (e) you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account; (f) you will promptly advise us of any changes to your information provided to us as part of the customer registration process; (g) you are responsible for any costs associated with your access to or use of the site, including Internet access fees; (h) you are responsible and liable for any person that uses your Login ID and password to order products through the site; (i) you agree that we may charge you for all products that we agree to supply to you that have been ordered using your Login ID and password through the site; and (j) you will check the labels on the products before use.

PROHIBITED USES

You are prohibited from using the site or its content for: (a) any unlawful purposes; (b) in a manner or way, or post to or transmit to or via the site any material, which interferes with other users or customers or defames, harasses, threatens, or offends any person or which prevents any other person from using the site; (c) make fraudulent or speculative enquiries, purchases or requests through the site; (d) use another person’s details without their permission or impersonate another person when using the site; (e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; (f) tamper with or hinder the operation of the site; (g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site; (h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site; (i) modify, adapt, translate or reverse engineer any portion of the site; (j) remove any copyright, trade mark or other proprietary rights notices contained in or on the site; (k) reformat or frame any portion of the web pages that are part of the site; (l) create accounts by automated means or under false or fraudulent pretences; (m) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; or (n) attempt any of the above acts or engage or permit another person to do any of the above acts.

VIRUSES

We do not claim that any information (including any files) obtained from or through this site is free from viruses or other faults or defects. You are responsible for scanning any information for viruses.

You agree that Raine Designs have no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information. If we are found to be liable this will be limited to the cost of supplying the information again.

WARRANTY & LIABILITY

Raine Designs accept liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

Where we are permitted by law, we do not warrant or represent the suitability of the site or a product for any purpose and will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the site or the product.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. Your use of the website is at your own risk. We do not guarantee, represent of warrant that your use of our site will be interrupted timely, secure or error-free.

INTELLECTUAL PROPERTY

The intellectual property rights of this website, all software design, text and graphics, selection and layout of the site and the content and materials on the site (together, the Material) are owned by or licensed to Raine Designs. You may use the content of this site only for the purpose of shopping or placing an order and for no other purpose. You are not permitted to publish, modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a material without our prior written consent. You must not frame or embed in another website any of the material appearing on this site without our prior written consent.

You may store a reproduction of the content on this site on your local computer for the sole purpose of viewing the content and materials; and print hard copies of the content and materials for the sole purpose of viewing and purchasing products but not for any other use, including commercial use.

This site, the products and any additional materials or documents owned or used by Raine Designs in connection with the sale of the products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Raine Designs. You must not use any of the marks or trademarks appearing on the site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

NOTICES

Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing, emailed to contact@rainedesigns.com.au or sent to our address:

RAINE DESIGNS
PO BOX 445
INGLEWOOD WA 6932

All notices from us to you are displayed on the site from time to time.

INDEMNITY

You agree to indemnify and hold harmless Raine Designs, its directors, employees and agents from any claims, liability, damages, costs whatsoever arising from your breach of these Terms and Conditions and in connection with the supply of the products to you.

INVALIDITY

If any part of these terms is unenforceable (including any provision in which we dismiss our liability to you) the enforceability of any other part of these conditions will not be affected.

PRIVACY POLICY

You acknowledge and agree to be bound by the terms of our Privacy Policy.

CONTACT INFORMATION

Questions about our Terms and Conditions can be sent to us at contact@rainedesigns.com.au.