Customer care

This website is owned and operated by Lotti Fashion Pty Ltd (ABN 64 550574 673), trading as RICARDA ("RICARDA"). All purchases and use of the Lotti Fashion Pty Ltd website ("Site") are conditional upon your acceptance of the terms and conditions outlined below ("Terms and Conditions"). By accessing or using the Site or any content on it, you accept these Terms and Conditions.

For information relating to privacy and online security, please refer to our Privacy Policy.

1. These Terms and Conditions govern the use of this Site, the materials and information contained on it and the related services made available through the Site. By continuing to access or use the Site, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Site.

2. These Terms and Conditions apply to all users of the Site, including commercial users, domestic users and casual browsers.

3. RICARDA may amend the Site and these Terms and Conditions from time to time. Please review these Terms and Conditions before subsequent use of the Site. If you do not agree with any changes, you must stop using the Site. Continued use of the Site constitutes acceptance of the revised Terms and Conditions.

4. RICARDA may terminate or restrict access to the Site at any time where permitted by law. Any provisions intended to survive termination, including applicable limitations, exclusions and intellectual property provisions, will continue to apply.

GENERAL DISCLAIMER

5. Your use of and browsing of the Site are at your own risk. To the maximum extent permitted by law, neither RICARDA, its representatives, associated agents nor any other party involved in creating, producing or delivering the Site will be liable for loss arising from your access to, or use of, the Site or any linked website.

6. Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law.

EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER

7. The materials and information contained on this Site are provided on an "as is" basis. To the maximum extent permitted by law, RICARDA makes no representation or warranty regarding the accuracy, completeness, reliability, suitability or availability of information contained on the Site.

8. To the maximum extent permitted by law, RICARDA disclaims any implied or express warranties or conditions that may lawfully be excluded in relation to the Site and goods or services supplied by RICARDA.

8.1 Use of or reliance on materials or information presented on this Site;

8.2 Goods or services supplied by RICARDA in accordance with these Terms and Conditions; and/or

8.3 Any failure or omission by RICARDA to comply with its obligations under these Terms and Conditions, except to the extent liability cannot lawfully be excluded.

9. These Terms and Conditions remain effective until terminated. If your access to the Site is terminated, provisions relating to intellectual property, limitations of liability and other provisions intended to survive termination will continue to apply.

10. RICARDA does not warrant that information or files obtained through the Site will be free from computer viruses or other harmful components. You are responsible for taking appropriate precautions when accessing or downloading material from the Site.

11. Any liability of RICARDA in connection with goods supplied to you is subject to all rights and remedies that cannot be excluded under applicable law, including the Australian Consumer Law.

12. This Site may contain links to websites owned or operated by third parties. RICARDA is not responsible for the content, availability or practices of third-party websites.

PRIVACY POLICY

13. It is your responsibility to read and familiarise yourself with the RICARDA Privacy Policy. Please click here to view our Privacy Policy.

14. If you are under the age of 18, you should only use the Site with the consent of a parent or guardian where required. Your parent or guardian should read and agree to these Terms and Conditions and our Privacy Policy.

15. RICARDA may access, use and disclose information where reasonably necessary to comply with applicable laws, lawful government requests or to protect the rights, property or safety of RICARDA, its customers or users.

16. Where applicable, personal information may be shared with service providers and organisations that assist us in processing transactions, providing services or carrying out appropriate verification processes, subject to our Privacy Policy and applicable privacy laws.

17. Please do not submit information through the Site that you consider confidential or proprietary unless specifically requested by RICARDA. Any personal information provided to us will be handled in accordance with our Privacy Policy and applicable law.

COPYRIGHT / TRADEMARK

18. You must comply with all proprietary and copyright notices on this Site. The Site and its content are owned by or licensed to RICARDA and are protected by applicable Australian copyright and intellectual property laws. Subject to the Copyright Act 1968 (Cth) and clause 19 below, you must not:

18.1 Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from material on this Site except as permitted by law;

18.2 Alter, decompile, disassemble, reverse engineer or modify software or other material accessible through this Site except where permitted by law; and/or

18.3 Use material or information from this Site for commercial purposes without the prior written consent of RICARDA.

19. RICARDA grants permission to display, copy, download and print portions of this Site solely for the proper and reasonable purposes of placing an order with RICARDA or using the Site as a personal shopping resource, provided that your use is non-commercial and you do not modify the content.

20. Any software downloaded from this Site is subject to the licence terms accompanying that software. You must not reproduce or redistribute software except in accordance with the applicable licence.

21. RICARDA is not responsible for misuse by you of software downloaded from this Site.

22. All trademarks, brands and names appearing on this Site are the property of RICARDA or their respective owners. Nothing on the Site grants any right to use a trademark without the express permission of its owner.

YOUR ACTIVITY

23. You are responsible for your use of the Site and for communications and activity carried out through your account.

24. RICARDA reserves the right to restrict or deny access to the Site where we reasonably believe a user has engaged in fraudulent, unlawful, abusive or otherwise prohibited activity, or has materially breached these Terms and Conditions.

25. To the extent permitted by law, you agree to indemnify RICARDA against claims, liabilities, costs or expenses arising from your unlawful use of the Site or material breach of these Terms and Conditions.

INTERNATIONAL SHIPPING

RICARDA ships internationally to selected destinations. International orders are trackable and may require a signature upon delivery by DHL, Australia Post or another nominated delivery provider. RICARDA is unable to deliver international orders to a PO Box address. Your delivery address must be a residential or commercial address suitable for courier delivery.

When internationally shipped orders reach the destination country, they may be subject to customs clearance procedures which can cause delays beyond the original delivery estimate. Unless otherwise required by applicable law, RICARDA is not responsible for customs duties, import taxes or other charges applied by authorities in the destination country. These charges are the responsibility of the customer.

If you choose not to pay applicable import duties or taxes and reject or fail to accept your parcel, RICARDA is not required to provide a refund except where required by applicable law. RICARDA cannot declare an international order as a gift or provide inaccurate customs information.

INTERNATIONAL RETURNS

RICARDA does not accept returns on orders shipped outside Australia, except where required by applicable law. This does not affect any statutory rights or remedies that cannot lawfully be excluded, including the statutory right of withdrawal available to eligible consumers in the European Union as outlined below.

EUROPEAN UNION – RIGHT OF WITHDRAWAL

If you are a consumer residing in the European Union, you have a statutory right to withdraw from an eligible online purchase within 14 days without giving a reason. The withdrawal period expires 14 days after the day on which you, or a third party nominated by you other than the carrier, receives the goods.

To exercise this right, you must notify RICARDA within the 14-day withdrawal period by submitting our EU Withdrawal Form or contacting our Customer Care team with a clear statement that you wish to withdraw from your purchase.

Returning Your Goods

Once you have notified us of your withdrawal, you must return the goods without undue delay and no later than 14 days after notifying us. Unless otherwise required by applicable law, you are responsible for the direct cost of returning the goods. We recommend using a tracked shipping service, as you remain responsible for the goods until they are received by us.

Condition of Returned Goods

You may inspect and handle the goods only to the extent reasonably necessary to establish their nature, characteristics and functioning. Where permitted by applicable law, RICARDA may reduce the amount refunded to reflect any diminished value caused by handling beyond what is reasonably necessary.

Refunds

If you validly exercise your statutory right of withdrawal, RICARDA will reimburse payments received for the goods and any standard outbound delivery charges required to be reimbursed under applicable law. Additional costs resulting from your choice of a more expensive delivery method than the least expensive standard delivery option offered by RICARDA are not refundable where permitted by law.

Refunds will be made using the original payment method unless otherwise expressly agreed. Where permitted by law, RICARDA may withhold reimbursement until we have received the returned goods or you provide satisfactory evidence that they have been returned, whichever occurs first.

Exclusions

The statutory right of withdrawal does not apply where excluded by applicable law, including:

• goods made to your specifications or clearly personalised;
• sealed goods unsuitable for return for health protection or hygiene reasons once unsealed; and
• other goods or services exempt under applicable consumer protection legislation.

GIFT VOUCHERS / STORE CREDITS

26. RICARDA Gift Vouchers ("Gift Vouchers") are sold subject to these Terms and Conditions. Your purchase of a Gift Voucher constitutes acceptance of these Terms and Conditions.

26.1 Online Gift Vouchers can be redeemed against products available through the RICARDA online store. Gift Vouchers purchased in one of our retail stores may only be used in store unless otherwise stated.

26.2 Gift Vouchers are valid for a period of 3 years from the date of issue. This includes those purchased as gifts, issued as part of an exchange or issued as store credit.

26.3 Gift Vouchers cannot be redeemed for cash except where required by law.

26.4 If your total order is less than the value of the Gift Voucher, the remaining balance will remain available against the Gift Voucher code for future purchases. The original expiry date will not be extended.

26.5 Any balance remaining on a Gift Voucher after its expiry date will no longer be available for use, subject to applicable law.

26.6 If the value of your purchase exceeds the balance of your Gift Voucher, the remaining balance must be paid using an accepted payment method.

26.7 Where a refund or other remedy is provided for goods purchased using a Gift Voucher, the refund may be issued as store credit or another method permitted by applicable law.

26.8 RICARDA accepts no responsibility for delivery of a Gift Voucher to an incorrect address or email address supplied by the purchaser.

26.9 RICARDA is not responsible for a Gift Voucher that is lost, stolen, destroyed or used without permission, except where required by law.

26.10 RICARDA reserves the right to cancel a Gift Voucher where reasonably necessary, including in cases of suspected fraud or misuse.

26.11 GST is applicable to products purchased with a Gift Voucher where required.

27. Gift Vouchers are valid for 3 years from the date of issue, subject to applicable law.

IN-STORE LOYALTY PROGRAM

28. These Terms and Conditions govern the collection and use of the RICARDA Customer Loyalty Program and any offers associated with it.

29. These Terms set out the agreement between Lotti Fashion Pty Ltd and you, the customer.

30. The RICARDA Customer Loyalty Program is open to persons aged 18 or over, excluding RICARDA employees.

31. Customers earn one point for every one Australian dollar spent on eligible purchases. Loyalty points expire after one calendar month.

32. Eligible spend is calculated on full-price items purchased in store and online in our Fashion, Accessories, Bags, Shoes and Jewellery departments. Points are excluded on Beauty and Home departments.

33. Eligible spend is not calculated on reduced or sale items.

34. As a RICARDA Loyalty member, you may receive communications relating to the Loyalty Program and other RICARDA news, updates and offers, subject to applicable marketing and privacy laws.

35. If you have provided RICARDA with an email address, you may receive an electronic notification when a voucher is available.

36. If you have not provided an email address, we may be unable to notify you of available vouchers.

37. If no appropriate contact details are provided, you may not be eligible to receive loyalty voucher notifications.

38. You can sign up to our Loyalty Program in store or through our online store. You can create an account here.

39. Loyalty vouchers can be redeemed in store. If you wish to redeem a voucher online, please contact customerservice@ricarda.com.au so that an online-compatible voucher can be generated where available.

40. If you have an overdue layby and an available Loyalty Program voucher, RICARDA may apply the voucher value to the overdue layby where permitted.

41. Loyalty points will not accrue on overdue laybys. Where RICARDA allows an extended payment period, points will only accrue where the layby is completed within the applicable timeframe.

42. Loyalty vouchers cannot be transferred from one account to another.

43. Loyalty vouchers are not redeemable for cash except where required by law.

44. A refund may result in the reversal of loyalty points associated with the refunded product.

45. In the event of a refund, points associated with the refunded goods may be deducted from your cumulative balance.

46. Loyalty points are valid for one calendar month. Where applicable, vouchers may be issued automatically and assigned to the customer's account.

47. Loyalty vouchers may be redeemed at eligible RICARDA store locations. If you wish to redeem a voucher online, contact customerservice@ricarda.com.au for assistance.

48. Any remaining voucher balance after an eligible purchase will remain available under the applicable voucher terms.

49. Loyalty vouchers are valid for 12 months from the date of issue unless otherwise stated.

50. In the event of a refund, points associated with refunded goods may be deducted from the customer's cumulative balance.

51. If an account is closed, active loyalty vouchers may be removed, subject to applicable law.

52. RICARDA may refuse to redeem loyalty vouchers where we reasonably believe the Loyalty Program has been used fraudulently or in breach of these Terms and Conditions.

53. RICARDA may amend or replace the Loyalty Program terms and benefits from time to time. Where appropriate, we will endeavour to notify Loyalty Program members of material changes.

ONLINE RETURNS

Australian online orders are subject to the RICARDA Returns Policy, including the applicable timeframes, eligibility requirements and conditions for full-price, sale, promotional and Final Sale items.

Orders shipped outside Australia are not eligible for returns except where required by applicable law, including any statutory rights available to eligible European Union consumers.

PRICING

60. All online and in-store purchases are processed in Australian Dollars (AUD). Prices may be displayed in other currencies as a guide, however your purchase will be charged in Australian Dollars unless otherwise stated at checkout.

APPLICABLE LAW

61. These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.