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Terms + Conditions
This website is owned and operated by Ricarda Fashion Objects Pty Ltd (ABN 75 739 796 512), trading as Ricarda Fashion Objects Pty Ltd ("Ricarda").
All purchases and use of the Ricarda Fashion Objects 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.
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.
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 the three retail stores may only be used for products in store and not online.
26.2 Gift Vouchers are valid for a period of 12 months 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 12 months from the date of return. A store credit can only be used in one of the three physical 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 12 months 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 Ricarda Fashion Objects Pty Ltd property.
In-store Loyalty Program
28. These Terms and Conditions ("Terms") govern the collection and use of the RICARDA Customer In-Store Loyalty Program and any offers associated with it.
29. These Terms set out the terms of the agreement between Ricarda Fashion Objects 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 they spend in the RICARDA physical stores. Loyalty Points expire after one calendar month. A Loyalty Voucher in the form of an email will be sent out to the customer once they have reached a certain number of points each month.
32. Points are accumulated on full priced items in our Fashion, Accessories, Bags, Shoes and Jewellery Departments. Points are excluded on the Beauty and Objects departments.
33. Points are not calculated on items that have been reduced or are on sale.
34. Points are only calculated on items purchased in one of the three RICARDA physical stores. Points are not calculated on items purchased through the RICARDA online store.
35. Purchases made using a Loyalty Voucher will not accrue points.
36. As a RICARDA Loyalty member, you will automatically receive regular communication from RICARDA pertaining to the RICARDA In-Store Loyalty Program and other RICARDA news, updates and offers.
37. If you receive a Loyalty Voucher as part of the RICARDA In-Store Loyalty Program and have an overdue layby, the voucher value will be required to be deducted from the overdue layby.
38. Points are not accrued on overdue laybys.
39. Loyalty Points are added when the cash sale is generated.
40. Customer Loyalty Points cannot be transferred from one account to another.
41. The Loyalty Points and Loyalty Vouchers are not transferable or redeemable for cash.
42. Loyalty Vouchers cannot be used for purchases on the RICARDA online store.
43. A refund implies the loss of the Loyalty Points accumulated to each product refunded.
44. Loyalty Points are valid for one calendar month; Loyalty Vouchers will be automatically issued to your email with a unique RICARDA Loyalty Voucher number.
45. You can redeem a Loyalty Voucher at any one of the three RICARDA store locations (Claremont, Subiaco, & Albany) but not on the RICARDA online store.
46. To redeem a Loyalty Voucher, the customer must;
46.1 Present the Loyalty Voucher to a RICARDA staff member.
46.2 Present a valid driver’s license or identification for verification
47. 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.
48. Loyalty Vouchers are active for 3 months from the date of issue.
49. In the event of a refund, goods that have accumulated Loyalty Points will be automatically deducted from the cumulative total.
50. In the case of an account being closed, all Loyalty Points and active Loyalty Vouchers will be removed.
51. RICARDA may refuse to add Loyalty Points and or to redeem Loyalty 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 In-Store Customer Loyalty facility.52. RICARDA may amend or replace these terms & conditions and the benefits of the In-Store Loyalty Program at any time without notice. RICARDA will endeavour to notify all In-Store Loyalty Program members of changes but will not be liable if it does not.
PUT IT ON LAY-BUY Powered by PayPal
53. PUT IT ON LAY BUY powered by PayPal ("Lay-Buy") use is subject to the following Terms and Conditions. Your purchase using the Lay-Buy option at checkout constitutes consent of these Terms and Conditions.
54. Lay-Buy can be used on all online transactions at ricarda.com. Lay-Buy cannot be used in-store. Please contact us if you wish to find out more information regarding our in-store Layby policy.
55. Lay-Buy requires a minimum 30% deposit down payment with equal monthly instalments thereafter until the balance of the order has been paid. Total Lay-Buy period is 8 weeks from order confirmation.
56. Instalment payments are fetched automatically by PayPal on their due date.
57. If you wish to cancel your Lay-Buy for whatever reason, the Lay-Buy deposit payment of 30% will be forfeited.
58. To cancel your Lay-Buy, you can do so in your PayPal Account. Click the Recurring Payment from RICARDA Fashion Objects and then click Cancel. You will then receive notification that your recurring payments and Lay-Buy with RICARDA have been cancelled.
59. 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.