TERMS + CONDITIONS
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") is conditional upon your acceptance of the terms and conditions outlined below ("Terms and Conditions"). By accessing or using the Site or any content thereon, you accept these Terms and Conditions.
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1. The following Terms and Conditions govern the use of this Site, the materials and information contained therein and the related services made available to you via this Site. By clicking on the "I Agree" button when using this Site, or by continuing to use the Site without clicking on the "I Agree" button you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not visit or use the Site.
2. The Terms and Conditions apply to all users (including commercial users, domestic users and casual browsers.
3. RICARDA may from time to time change this Site (including these Terms & Conditions of use). Please read these Terms and Conditions and re-read before subsequent use. If you do not agree with any change(s) to the Terms and Conditions you must immediately stop using the Site. Continued use will constitute acceptance of any change(s).
4. The agreement set out in the Terms and Conditions can be cancelled by RICARDA at any time without notice. All disclaimers, limitations and exclusions provided in these Terms and Conditions will continue after cancellation.
5. Your use of and browsing of the Site are at your own risk. Neither RICARDA, its representatives, associated agents nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential, or any other damages arising out of your access to, or use of, the Site or any linked website, howsoever caused (including by negligence). This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
6. To the extent permitted by law, neither RICARDA nor its associated agents will be liable in contract, negligence or otherwise for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, as a result of goods or services supplied by RICARDA under these Terms and Conditions.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
7. The materials and information provided and contained on this Site and related communications when signing up as a registered user you are consenting to receive these communications which are provided on an as is basis. RICARDA assumes no responsibility for, and makes no representations or warranty, express or implied, to you or any other entity with respect to the accuracy, completeness, reliability, suitability or availability of the information contained on this Site.
8. Subject only to any non-excludable provisions in the Trade Practices Act 1974 (Australia), RICARDA expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site and goods or services supplied by RICARDA under these Terms and Conditions. RICARDA shall not be liable to you for any direct or indirect damage including but not limited to, special, indirect, consequential or incidental damages, loss of profits or revenue, business interruption, loss of programs or other data on your information systems or cost of replacement goods, and including, but without limitation, loss or damages resulting from or arising out of or in connection with:
8.1 Use of or reliance on the 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 A failure or omission by RICARDA to comply with its obligations under these Terms and Conditions
9. These Terms and Conditions are effective until terminated by RICARDA and RICARDA may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Conditions will survive.
10. RICARDA does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. RICARDA will not be liable to you for any damages (direct, indirect, consequential, economic or otherwise) to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site or the downloading of any materials, data, text, images, video, audio or other data of any kind from the Site, however caused and whether by negligence or otherwise.
11. Any liability of RICARDA in connection with goods supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by Australian law, at the election of RICARDA be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods.
12. This site may contain links to other sites that are owned and/or operated by third parties. RICARDA is not responsible in any way whatsoever for any of the content or information on any such site.
15. You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect RICARDA or its users.
16. We will share your personal data with companies and organisations for the purpose of enabling us to perform credit checks and you hereby consent to us doing so.
17. You should not send any information or material that you consider to be confidential or proprietary, to RICARDA or any other person, through this Site. Any information or material sent to RICARDA at, or through this Site, save for your name and contact details, is deemed to be not confidential. You are deemed to grant to RICARDA an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. RICARDA is free to use any ideas, concepts, know-how or techniques that you send to RICARDA, for any purpose.
Copyright / Trademark
18. You must comply with all proprietary and copyright notices on this Site. This Website is owned by RICARDA, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), and to clause 19 below, you must not in any form or by any means:
18.1 Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
18.2 Alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; and/or
18.3 Use or apply, for commercial purposes any material or information on this Site, without the prior written consent of RICARDA.
19. RICARDA grants permission to display, copy, distribute, download, and print in hard copy any portions of this Site solely for the proper and reasonable purposes of placing an order with RICARDA and/or using the site as a shopping resource, provided that the use is non-commercial, you do not modify the Site and RICARDA retains all copyright and proprietary interests to the content contained on the Site.
20. Any software that you download from this Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide by the terms of that license. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software license.
21. RICARDA will not be held responsible for any misuse by you of any software downloaded from this Site.
22. All trademarks, brands and names appearing on this Site are the property of their respective owners. Nothing contained on this Site should be construed as granting any license or commercial right of use of any trademark or part of any trademark displayed on the Site without the express written permission of RICARDA.
23. You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site.
24. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
25. By entering the Site, you agree to indemnify RICARDA from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Site by you.
International Shipping Information
Your order will require a signature upon delivery by DHL.
Please be aware RICARDA is unable to deliver to a PO Box address. Your delivery address must be a residential or commercial address where someone is available to sign for your parcel between 8am to 5pm Monday to Friday.
When orders shipped internationally reach your destination country, they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates.
RICARDA will not be held responsible for any possible duties and taxes which may be applied by customs in the country where delivery is made.
The responsibility for any custom duties, foreign taxes or other fees which may be imposed will rest with the customer. Please contact your local customs offices if you would like to seek more information regarding taxes and duties. We also cannot mark any international order as a 'gift', due to law prohibitions.
We currently do not ship to Russia, Iran, Iraq and the Gaza Strip.
Receiving a Refund
Your refund, less any shipping fees, will be credited to the original payment method (faulty goods). Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.
International customs duties and sales taxes are non-refundable through RICARDA. However, you may be able to recover these by contacting your local customs bureau directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
Please note that all items purchased on SALE cannot be returned, unless the item is faulty.
Gift Vouchers/Store Credits
26. RICARDA Gift vouchers ("Gift Vouchers") are sold subject to the following Terms and Conditions. Your purchase of the Gift Voucher constitutes consent of these Terms and Conditions.
26.1 Online Gift Vouchers can be redeemed against all products from the RICARDA Fashion Objects online store. Gift Vouchers purchased in one of our retail stores may only be used for products in store and not online.
26.2 Gift Vouchers are valid for a period of 3 years from the date of issue. This includes those purchased as gifts, given as part of an exchange or issued as store credit.
26.3 Gift vouchers are non-transferable and cannot be returned or redeemed for cash.
26.4 If your total order is less than the value of the Gift Voucher, the remaining balance will stay against the Gift Vouchers code and can be redeemed against future purchases. The validity period of the original Gift Voucher, as referred to in sub paragraph 26.2 above will not be extended.
26.5 Any balance that remains on a Gift Voucher will not be available for use after the original expiry date of the Gift Voucher.
26.6 If your total order value exceeds the value of the Gift Voucher any remaining balances exceeding the value of your Gift Voucher must be paid for by credit card, debit card or cash in-store or online at the time of purchase.
26.7 All returned items due to a fault that were paid for with a Gift Voucher will be refunded as a store credit for you to use against future purchases and are valid for a period of 3 years from the date of return. A store credit can only be used in one of our retail stores and cannot be used on the RICARDA online store.
26.8 RICARDA accepts no responsibility for, and is not liable for, delivery of a Gift Voucher to an incorrect or non-existent address if ordered via phone or online; this is the sole responsibility of the purchaser.
26.9 RICARDA is not responsible for a Gift Voucher that is lost, stolen, destroyed or otherwise used without permission.
26.10 RICARDA reserves the right to cancel a Gift Voucher if we deem that such action necessary in the circumstances.
26.11 GST is applicable on any products purchased with a Gift Voucher.
27. Gift Vouchers are valid for 3 years from the date of issue. After the Gift Voucher or store credit has expired, it is no longer valid. All transactions will be declined. Unused value will not be refunded and will become Lotti Fashion Pty Ltd property.
In-store Loyalty Program
28. These Terms and Conditions ("Terms") govern the collection and use of the RICARDA Customer loyalty programme and any offers associated with it.
29. These Terms set out the terms of the agreement between Lotti Fashion Pty Ltd and you, the Customer.
30. The RICARDA Customer loyalty programme is open to all persons aged 18 or over, excluding any RICARDA employees.
31. Customers earn one point for every one-dollar ($AUD) they spend (one point = one dollar). Loyalty points expire after one calendar month.
32. Dollar ($AUD) Spend is calculated on full priced items purchased in store and online in our Fashion, Accessories, Bags, Shoes and Jewellery Departments. Points are excluded on the Beauty and Home departments.
33. Dollar ($AUD) Spend is not calculated on items that have been reduced or are on sale.
34. As a RICARDA Loyalty member, you will automatically receive regular communication from RICARDA pertaining to the RICARDA loyalty programme and other RICARDA news, updates and offers.
35. If you have provided RICARDA with an email address you will receive an electronic notification (email) that you have a voucher available to spend in-store.
36. If you have not provided RICARDA with an email address we are unable to notify you of your voucher.
37. If no email address or mailing address is provided to RICARDA, you will not be eligible to receive a loyalty voucher/s.
38. You can sign up to our loyalty program both in-store and via our online store (www.ricarda.com). You can register for the program via our website and create an account here.
39. Loyalty vouchers can be redeemed in-store only. However if you wish to redeem them through our online store, contact firstname.lastname@example.org so that the online compatible voucher code can be generated and the in store voucher code will be expired.
40. If you have a voucher as part of the RICARDA loyalty programme and have an overdue layby (in store or online) the voucher value will be required to be deducted from the overdue layby.
41. Dollar ($AUD) Spend will not be accrued on over due layby’s. Although our company layby policy is 6 weeks from date of transaction, as a goodwill gesture we have extended this time frame to 8 weeks, meaning that if a layby is paid for in full within 8 weeks, loyalty points will be accrued. If the full layby payment is made on 8 weeks and 1 day after the initial layby transaction NO points will be accrued on the layby.
42. Customer loyalty vouchers cannot be transferred from one account to another.
43. The Loyalty vouchers are not transferable or redeemable for cash.
44. A refund implies the loss of the loyalty voucher accumulated points to each product refunded.
45. In the event of a refund, goods that have accumulated dollar ($AUD) value will be automatically deducted from the cumulative total; this can result in your points balance being a minus figure.
46. Loyalty points are valid for one calendar month; vouchers will be automatically issued to the customer via email. The voucher value will automatically be assigned to the customers in-store account.
47. The customer can redeem a loyalty voucher at any one of the RICARDA store locations (Claremont, Albany). If you wish to redeem your loyalty voucher through our online store, contact us at email@example.com to transfer the voucher code from in-store to online. The in store voucher code is not compatible with online and the online voucher code is not compatible in store.
48. The loyalty voucher is redeemable one time only if the value of the item is more than the value of the loyalty voucher. If the value of the loyalty voucher is less than the value of the item, the difference will remain available through the same voucher code for a next purchase.
49. The loyalty voucher is active for 12 months from the date of issue.
50. In the event of a refund, goods that have accumulated dollar ($AUD) value will be automatically deducted from the cumulative total.
51. In the case of an account being closed, all active loyalty vouchers will be removed.
52. RICARDA may refuse to redeem loyalty gift vouchers if RICARDA considers the scheme to be used fraudulently or where the customer is in breach of any of the terms and conditions of the RICARDA customer loyalty facility.
53. RICARDA may amend or replace these terms and conditions and the benefits of the Loyalty program at any time without notice. RICARDA will endeavour to notify all loyalty program members of changes yet will not be liable if it does not.
59. We do not offer a refund or exchange on sale items. We offer the opportunity for you to obtain a refund or exchange on all non sale items if you are not satisfied with the size/fit of your purchase made via electronic means, (i.e., via the Website), provided that the merchandise is returned to us and received by us in its original condition within the time frames set out in our returns and exchanges information page. Proof of purchase is required. This offer does not include refund of delivery charges.
(For clarity, we do not extend this offer to in-store purchases where the customer has had the opportunity to inspect and try on the merchandise before making the purchase.)
60. All online and in store purchases will be processed in Australian Dollars $AUD. You may view pricing in other currencies on our website as a guide, however all purchases will be charged in Australian Dollars.
61. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia.