Trading terms and conditions of Rockabilly Kitty
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Rockabilly Kitty
Our address is: 61 Findlay Ave Roseville NSW 2069 Australia
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
- – means any person or business contracted by us to carry Goods from us to you.
- – means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
- – means any content in any form published on Our Website by us or any third party with our consent.
- – means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
- “Our Website”
- – means the entire computing hardware and software installation that is or supports our website.
- – means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
Our contract with you
Acceptance of your order
Price and Payment
Security of your credit card
We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Consumer protection: cancellation and exclusions
You may cancel your order at any time before we despatch your order or before the expiry of ten working days from the date you receive your order, not including the day you received it.
No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
As required by the the Competition and Consumer Regulations 2010, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
The option to cancel your order is not available if the Goods are:
made or altered to your specification;
shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
newspapers or magazines.
You may cancel your order at any time before we have despatched the Goods. If you do, we will refund to you the price of the Goods and any delivery charge.
After we have despatched the Goods, you may cancel your order provided that you notify us within ten days of receipt and return the Goods to us within fourteen days. If you do, we will refund to you the price of the Goods and our delivery charge, if any.
If you cancel your order after we have despatched the Goods, you must return them to us in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
You are responsible for the cost of returning them. We are not obliged to refund to you your cost of re-packing and returning the Goods.
To assist us in identifying your Goods on receipt by us, we ask you to telephone (02) 8012 2756 for a returns reference to be placed below our address / returns label.
If you fail to return the goods within 30 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
We will refund your money within 30 days of receipt by us of the returned Goods.
The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in any of the Goods we sell. You alone must decide whether a product is suitable for your requirement.
This paragraph does not affect your rights in the event that the Goods are faulty.
Delivery and pick up
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
Signing “Unchecked”, “Not Checked” or similar is not acceptable.
Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
Some items may be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the items has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
Some items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the Order, if any, is an estimate only and time shall not be of the essence.
Foreign taxes and duties
If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Liability for subsequent defects
We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act or which show a defect. If you claim that the item is defective, the following conditions apply:
the defect must be reported to us within four weeks of becoming apparent;
the defect results only from faulty design or manufacture;
you have returned the defective Goods or parts to us if we have so requested.
If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
These provisions apply in the event that you return any Goods to us for any reason:
We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return a product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
The Goods must be returned to us as soon as any defect is discovered.
So far as possible, Goods should be returned:
with both goods and all packaging as far as possible in their original condition;
including our delivery slip;
at your risk and cost.
The procedure for return of Goods is set out on our website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
If delivery was made to a Commonwealth of Australia address, you are also protected by the Sale of Goods Act and Competition and Consumer Act 2010.
If we agree that the item is faulty, we will:
refund the cost of return carriage;
repair or replace the item as we choose.
Conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the fullest extent permitted by law.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:
the quality of the Goods;
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
the correspondence of the Goods with any description;
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website;
compliance with any law;
non-infringement of any right.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Your account with us
As a condition of your use of Our Website, you agree to comply with these provisions:
You agree that you will not use or allow anyone else to use Our Website:
You now confirm that:
Removal of offensive Content
We may, at our discretion give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
It shall be deemed to have been delivered:
- If delivered by hand: on the day of delivery;
- If sent by post to the correct address: within 72 hours of posting;
- If sent by fax to the correct number: within 24 hours;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.