These Terms and Conditions constitute an agreement between You and Rococo Design. Please read them carefully as they set out the Terms and Conditions under which you purchase products from Rococo Design. By completing the Client Registration form and either using the Rococo Design website or accepting any written offer or quotation by Rococo Design to supply, You agree to be bound by the Terms and Conditions of this agreement. “You” and “Customer” means the person named as the Client on any Client Registration form or other form of application or Order for the supply of Goods completed or made by such person and any person using the website (and “Your” has the corresponding meaning).
The entire agreement between You and Rococo Design for the purchase of Goods by You from Rococo Design comprises:
1. Your Account Information Form whether in written form or completed electronically by means of the website;
2. any quotation or written offer to supply Goods by Rococo Design;
3. these Terms and Conditions;
4. Your Order;
5. Rococo Design Privacy and Security Statement.
An agreement exists between You and Rococo Design once:
1. Rococo Design receives an Order and does not reject it before confirming dispatch of the Order.
2. Rococo Design confirms and accepts an Order by notifying You in written or electronic form confirming receipt of the Order and/or You receive written or electronic notification confirming dispatch of the Order; and
until confirmation of dispatch of an Order Rococo Design may reject Your Order and refund any payment made by You.
Each Order is a separate agreement and these Terms and Conditions will be deemed to be incorporated into any and each agreement between Rococo Design and You. Any terms and conditions contained in any Order, acceptance or other document from You and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied in these Terms and Conditions are expressly excluded to the fullest extent permitted by law.
All Orders by You for Goods must be made by way of order form transmitted electronically to Rococo Design and will be deemed to be an offer by You to purchase the Goods pursuant to these Terms and Conditions.
The price payable for the Goods will be the price as detailed on this website. The Goods will be deemed ordered and supplied in accordance with the description and the product number detailed on this website.
When placing your an initial Order for Goods with Rococo Design by means of this website You must fully complete a Account Information Form. You must also warrant to Rococo Design that all information and details provided by You in that form are accurate, complete and current. As this information will be relied upon by Rococo Design in processing subsequent Orders You must promptly notify Rococo Design of any change to this information.
Any costs associated with accessing the Rococo Design website and placing Orders for Goods on the website including, but not limited to, internet provider fees are Your sole responsibility.
Orders and Delivery
Rococo Design will arrange delivery if You are located in the delivery areas serviced by its third party nominated carriers. The charges for delivery will be added to the price of the Goods. If You are not located in the delivery areas You must contact [email protected]
for delivery pricing.
Rococo Design will not accept any responsibility to You for any loss or damage You may suffer by reason of any delay in delivery whether same is due to negligence of Rococo Design or any other party or due to strike or any other industrial action be it of Rococo Design or from any other cause or party whatsoever beyond the reasonable control of Rococo Design.
Your liability to pay for Goods together with GST arises at the time of Order.
Anyone at the delivery address who receives the Goods will be presumed by Rococo Design to be authorised to receive the Goods.
Delivery of the Goods will be deemed to have been made when Rococo Design fills Your Order, issues an invoice and/or collates and prepares the Goods and notifies You they have been dispatched.
A minimum of 48 hours is required from receipt of payment until Goods are ready for shipment.
If there is no-one at the delivery address when the Order is delivered Rococo Design may charge You and You must pay an additional delivery fee if a further delivery attempt is made. If delivery is not possible Rococo Design will arrange return of the Goods to it and will be entitled to payment of the cost of attempted delivery or other shipping costs and any relevant taxes and duties which may, at the discretion of Rococo Design, be deducted from any part of the purchase price which may be refunded to You following such attempted delivery.
Pricing and Payment
The price of the Goods specified on this website is the price which is applicable at the time You view it and place Your Order and are GST inclusive.
Payment for all purchases must be on a fully pre-paid basis made at the time of You placing each Order.
If payment is made by credit card, by doing so You warrant to Rococo Design that You are an authorised user of the credit card used to complete payment for each Order.
Risk and Ownership in the Goods
Notwithstanding delivery of the Goods, title in the products will not pass to You until the later of delivery or the date Your payment has been processed or otherwise received by Rococo Design. If Your payment is declined for any reason Rococo Design reserves the right to reclaim the products from Your possession, custody or control even if they have been delivered to You or moved from the delivery address. Rococo Design reserves the right to keep or sell the products. Subject to the Rococo Design Returns and Refunds policy set out below, risk of loss, damage or deterioration to any products will pass to You on delivery.
You acknowledge and agree that clause 5.1 creates a purchase money security interest in the Goods which Rococo Design is entitled to register under the Personal Property Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, You and Rococo Design agree to contract out of the provisions listed in Section 115 of the PPSA. You waive Your right to be provided with verification statements under section 157 of the PPSA. It is agreed by You and Rococo Design that neither will disclose to any third person information of the type referred to in Section 275(1) of the PPSA and that for the purposes of Section 275(6) of the PPSA this is a confidentiality agreement.
Returns or Refunds
Rococo Design Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably forseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
Subject always to the preceding sub-paragraph 7.1 and to paragraph 5 of these Terms and Conditions, if You are not satisfied with the Goods or if they are faulty or damaged You may, at the discretion and with the written authorisation of Rococo Design, return the Goods for repair, exchange or refund but only if You comply with the following process:
1. You must inspect the Goods at the time of delivery and complete the Delivery Goods Advice form or Consignment Note provided by our nominated carrier confirming receipt of the Goods in good condition or identifying any damage or defect in the Goods.
2. You must notify Rococo Design of your dissatisfaction with the Goods or of any claim arising from any defect or damage within seven days of receipt of the Goods or, where such defect only becomes apparent after receipt of the Goods and completion of the Delivery Goods Advice form or Consignment Note, within 7 days of the defect becoming apparent. That notification must include full details of the nature of the claim;
3. Notification to Rococo Design must be made in writing by email to [email protected]
following which You will be provided with a “Returns Confirmation”;
4. Your Returns Confirmation must be provided when returning Goods;
5. Returns must be made utilizing a Rococo Design nominated carrier and will be arranged by Rococo Design at the earliest opportunity as determined by Rococo Design;
6. Provided the returns process is followed Rococo Design will at its discretion either refund the purchase price in full, repair or replace the Goods as soon as is reasonably practicable;
7. If Rococo Design agrees to refund the purchase price to You the refund will only be credited or paid to the original source of payment and will be processed by Rococo Design usually within seven days of return to the Rococo Design warehouse less a re-stocking fee of 20% calculated on the GST inclusive price of the Goods;
8. If Your return arises from Your dissatisfaction with the Goods and not any defect or damage claim You must in addition to the re-stocking fee pay a collection fee being the greater of $50.00 or the amount of the delivery fee charged as part of the purchase price.
9. Replacement of Goods is subject to availability of the same item and style and repair of Goods will be undertaken at the cost of Rococo Design and in accordance with the same delivery terms as for purchases and in all respects at the cost of Rococo Design;
Rococo Design will not accept any claims, returns nor any liability for repair, exchange or refund in respect of defects or damage caused in whole or in part by misuse, abuse, neglect, accident, failure to follow product warning or care information (either provided with the Goods or available on the website) or where repairs or alterations have been made to the Goods, save where such repairs or alterations have been carried out or authorised by Rococo Design.
Appearance, Presentation and Care of Goods
Rococo Design will at all times endeavour to include on the website up to date pictures, representations or descriptions of the Goods. At times the picture of the Goods displayed online on Your computer monitor may differ from the Goods actually supplied to You, for example in colour or the fine detail of finishes. Rococo Design does not warrant the accuracy of the depiction of or information pertaining to the Goods published on the website.
All products are hand finished ensuring each piece is distinctively different and possess unique characteristics. Due to these characteristics the colour, texture and finish may vary from piece to piece and from online representations to delivered items. Every effort is made to achieve consistency of colour, texture and finish. This however is not guaranteed and no liability will be accepted by Rococo Design for variations in colour, texture and finish.
Rococo Design recommends that where product care and use information is published online or attached as labels to or delivered with the Goods that You carefully review such information before using them to ensure You are fully aware of the particular quality of the Goods and any specific care, maintenance or use requirements. Rococo Design will not accept any liability for damage or destruction of the Goods by reason of any failure by You to care for, maintain or use the Goods in accordance with that information.
Rococo Design will not accept liability for any loss or damage whatsoever, whether directly, indirectly or consequentially arising from any fault, defect or damage in the Goods caused to You or any third party or to his or their property or interests by Rococo Design, its servants or agents.
Rococo Design will not be liable in any circumstances for any technical advice or assistance given or rendered by it to You whether or not in connection with the manufacture or construction or supply of Goods for or to You.
Intellectual Property Rights
You acknowledge that Rococo Design owns all intellectual property rights in the website, all links to and parts of the website under the control of Rococo Design, including, but not limited to any images, photographs or text which appear or are contained on that website. You agree that You will make no representation to the contrary, and that You will not use or copy the website or any of its content in any manner which is inconsistent with the rights of the owner of such intellectual property rights or is likely to harm Rococo Design, its reputation or the website.
All trademarks, logos, text, product getup or style which appear on the website are owned by Rococo Design or its related companies and You acknowledge that fact. You must not, except with the express licence of Rococo Design in accordance with its usual terms and conditions associated with its intellectual property, do anything to prejudice the rights of Rococo Design as the owner of such trademarks, logos, text, product getup or style.
You acknowledge that, to the fullest extent permitted by law, having regard for legislative provisions such as the Competition and Consumer Act 2010 (Commonwealth) and similarly enacted State and Territory legislation which impose rights, remedies and obligations which cannot be contractually excluded or restricted that Rococo Design is not making and has not made any warranty or representation as to the suitability of any Rococo Design products or the website for any particular purpose. You agree that in using the website and purchasing Goods depicted in it, You are not relying on any statement or representation made by Rococo Design which is not expressly contained in this agreement.
Subject to the preservation of any rights attaching to conditions or warranties implied by law as referred to above You agree that any liability of Rococo Design arising out of or in connection with any breach of any express or implied warranty or condition in respect of Goods or services supplied to You by Rococo Design whether through use of the website or otherwise will, at the election of Rococo Design be limited to:
1. if the condition or warranty relates to Goods, the replacement or repair of the Goods or the supply of equivalent Goods; and
2. if the condition or warranty relates to services, the supplying of the services again or the payment of the costs of having the services supplied again.
You agree that the entire risk arising out of installation, downloading, use or performance of any part of the Rococo Desing website remains with You. To the extent permitted by law, You release and discharge Rococo Design from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data, or loss or damage which may reasonably have been supposed to have been in the contemplation of You and Rococo Design as at the date of this agreement) arising out of or in connection with the website or any agreement between You and Rococo Design incorporating these Terms and Conditions, including, without limitation, loss or damage caused by the negligence of Rococo Design or its related corporations, servants or agents.
Use of Website
You agree to take responsibility for the safekeeping of any username and/or password created to facilitate Your use of the website. You are liable if Your username and password are used by an unauthorised person. You agree to release and indemnify Rococo Design in relation to any liability arising out of the unauthorised use of Your username and/or password.
You will not engage in conduct of any kind whatsoever which may or may be designed or intended to damage or interfere with the operation of the Rococo Design computer system or website or the computer systems or websites of other users of the website including, but not limited to, by hacking, malicious damage, propagating viruses or worms or by overloading.
Changes to Terms
Rococo Design may add to, delete or otherwise change any of the Terms of this agreement by giving You notice as provided in clause 16. Your continued custom or use of the Rococo Design website after notice will constitute Your acceptance of such changes.
You may not change any Terms and Conditions or seek to vary these Terms and Conditions by attaching conditions to Your Orders or by any other means unless Rococo Design agrees in writing to such change or variation.
The laws of Queensland govern this agreement and any dispute arising out of this agreement which becomes the subject of litigation must be dealt with in the forum of the Courts of the State of Queensland.
In these conditions:
“agreement” means an agreement between You and Rococo Design comprising Your order and these Terms and Conditions (as amended from time to time) pursuant to which You purchase goods online, use the Rococo Design website www.rococodesign.com.au or otherwise purchase Goods (whether online or directly) from Rococo Design.
“Conditions” means these Terms and Conditions and any agreed variations from time to time notified to You in writing.
“Delivery Address” means the address to which the goods are to be delivered as stated on the Order.
“Delivery Costs” means the costs of delivery of any Goods to Your Delivery Address and referred to on the website.
“Goods” includes services and goods displayed or represented on the website and will be deemed to refer to any goods obtained from Rococo Design from time to time described in an Order and includes the packaging or get up of those goods.
“GST” means any Goods and Services Tax.
“Intellectual Property Rights” includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and photographic and illustrative representations of the Products, whether arising under Statute or otherwise.
“Online” means by way of the website.
“Order” means an order by You to purchase goods from Rococo Design.
“Product(s)” means any goods represented on the website or otherwise available for purchase from Rococo Design.
“price list” means the current list of prices of the Rococo Design from time to time published on the website.
“Privacy and Security statement” means the privacy and security statement contained on the website.
“website” and “Rococo Design website” means internet website with the URL www.rococodesign.com.au and associated or linked websites