Rufus & Coco

Retailer Terms of Trade

RUFUS & COCO WEBSITE TERMS OF USE
Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Rufus & Coco may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.

AGREEMENT BETWEEN USER AND Rufus & Coco
Rufus & Coco Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Rufus & Coco Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Rufus & Coco reserves the right to change the terms, conditions, and notices under which Rufus & Coco Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Rufus & Coco Web Site. Your continued use of Rufus & Coco Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFY SERVICES
Rufus & Coco may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.

INFORMATION ON THIS SITE
Rufus & Coco Web Site presents information provided by industry experts and other parties. We make no representations as to the accuracy of the information presented at or via the Web Site.
You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Rufus & Coco and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.

PROPRIETARY RIGHTS
You acknowledge and agree that:
a) the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) the Content contained in the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Rufus & Coco or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.

DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is” and “as available” basis.
Rufus & Coco expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Rufus & Coco makes no warranty that:
a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Rufus & Coco or through or from the Web Site shall create any warranty not expressly stated.
If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

LIMITATION OF LIABILITY
You understand and agree that Rufus & Coco, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Rufus & Coco has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.
To the extent permitted by law Rufus & Coco liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 (Cth) is limited to:
in the case of goods supplied by Rufus & Coco to any one of the following at our option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by Rufus & Coco to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.

INDEMNITY
Rufus & Coco relies on you observing these terms at all times. You agree to indemnify and hold Rufus & Coco and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

NOTICES
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -

• if delivered by hand, when delivered;
• if delivered by prepaid ordinary post, on the second business day after posting; and
• if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
• if delivered by email, one business day after sending.

GENERAL
These terms are covered by the law in force in the State of New South Wales and the parties are to submit to the non-exclusive jurisdiction of the courts of New South Wales.
If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

To the fullest extent legally permissible all dealings between Rufus & Coco Pty Limited and any Customer relating to any products [“Products”] and/or services [“Services” ] are subject to the following terms and conditions of trade [“Terms”] unless otherwise agreed in writing:


1. Definitions
1.1 “Seller” means Rufus & Coco Pty Limited and/or employees, authorised agents and permitted assigns;
1.2 “Customer” means a Customer and/or any agent or assigns of the Customer;
1.3 “Goods” includes services incidental to the supply of goods. The goods shall be described on the invoices/quotation/order form as provided by the Seller to the Customer;
1.4 “Services” includes any incidental supply of goods, advice or recommendations;

2. Acceptance of Terms and Conditions
2.1 Placement of an online order including payment is deemed acceptance of the Terms and Conditions by the Customer.
2.2 These Terms and Conditions, having been accepted, cannot be rescinded other than as provided for within these Terms and Conditions and are irrevocable unless by written agreement between the Customer and the Seller.

3. Terms of Payment
3.1 Payment for goods or services is due at the time of placing the order. Payment is to be by way of Visa, Mastercard, Paypal or via direct debit payment and without deduction unless otherwise agreed.
3.2. The Customer agrees that all sales are otherwise made by Seller at its ruling price at the time of ordering and on such other terms as Seller considers to be reasonable and publishes on its web site.
 .
4. Delivery of Goods and Services
4.1 The Seller will deliver goods/services to the Customers nominated address;
4.2 The Customer shall make all arrangements necessary to take delivery of the goods when they are tendered for delivery;
4.3 Delivery of the goods by the Seller to a carrier either upon the Customer’s request or at the discretion of Seller for the purpose of transmission of the goods to the Customer, is deemed to be delivery of goods to the Customer;
4.4 The Customer shall reimburse the Seller for costs stipulated at time of sale associated with delivery of the goods by a carrier;
4.5 Delivery of the goods to a nominee of the Customer is deemed to be delivery to the Customer of the goods for the purposes of this agreement;
4.6 The failure of the Seller to deliver the goods/services is not to be deemed as the Seller’s repudiation of this contract;
4.7 Provided the quantity of goods delivered by the Seller to the Customer is within 10% of the quantity ordered, the Customer shall have no right of termination or damages under the contract, and the price of the goods ordered shall be adjusted pro rata to the discrepancy.  

5. Property in Goods
5.1 Until such time as property in the goods passes from the Seller to the Customer, the Seller may request in writing, the return of the goods from the Customer;
5.2 In the event that the Customer fails to return the goods to the Seller within a reasonable time, the Seller may take possession of the goods, by entering upon and into land and premises owned, occupied or used by the Customer. The Seller will not be liable for any damage or loss caused as a result of taking possession of the goods pursuant to this Clause

6. Cancellations & Returns:  The Customer agrees that:
6.1 Orders cannot be cancelled after order and payment is processed
6.2  Returns will be accepted under our 100% Money back guarantee policy

7. Customer’s Warranties and Indemnities
7.1 The Customer authorises the Seller:
   7.1.1. To the extent permitted by law, to collect, retain and use any information about the Customer as per the privacy policy published on the web site
   7.1.2. To disclose any information obtained by any person for the purposes of delivering goods and/or services.
7.2 The Customer indemnifies the Seller:
   7.2.1. Against any penalty or liability incurred by the Seller for any breach by the Customer of these terms and conditions;
   7.2.2. Against all actions, claims, demands, losses, damages, costs and expenses which the Seller may sustain or incur or for which the Seller may become liable whether during or after the term of this agreement, by reason of any act or omission or negligence by the Seller and its respective employees or any other authorised person.

8. Seller’s Warranty
8.1 Subject to the conditions set out in Part 6.2 above, the Seller warrants that it will replace any defective goods manufactured by the Seller which becomes apparent and is reported to the Seller within 48 hours of the date of delivery of the goods/services to the Customer;
8.2 The Seller’s warranty in Clause 8.1 above, does not apply if:
8.2.1. The defect or damage was caused or partly caused by the failure on the part of the Customer to
8.2.1.1 properly maintain any goods; or
8.2.1.2 follow any instructions or guidelines provided by the Seller; or
8.2.1.3 any unauthorised use of the goods; or
8.2.1.4 the continued use of goods after the Customer became aware of the defect;
8.3.The defect or damage was caused by fair wear and tear; or
8.4. Any other circumstance beyond the control of the seller.
8.5 Goods are returned to the Seller, at the Customer’s cost, within 5 business days of the Customer receiving notice from the Seller
8.6. The Goods are returned in the condition in which they were delivered and with all packaging, and instruction material;

9. Limitation of Liability:  
9.1 The Customer agrees:
    9.1.1 to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products;
    9.1.2 that Seller shall not be liable for any loss or expense arising from the date of delivery
9.1.3 that to the fullest extent legally permissible Seller shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
9.1.4 that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon Seller other than these Terms is made or given by or on behalf of Seller other than by these Terms save and except to the extent otherwise required by law.

10. Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon Seller shall apply.
 
11. Jurisdiction: The Customer agrees that all contracts made with Seller shall be deemed to be made in the State nominated by Seller and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by Seller in the capital city of that State.  
 
 
12. Goods and Services Tax [GST]: All monies payable to Seller and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time) shall unless Seller otherwise directs be deemed at all times to be inclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to Seller as and when and in such manner as Seller reasonably requires.
 
13. Notice: The Customer agrees that it shall be deemed to have notice of any change to these Terms immediately any change is adopted by Seller and whether or not the Customer has actual notice thereof. The Customer shall be bound by any terms and conditions of trade which may be adopted by Seller immediately they are so adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.

14. Miscellaneous
14.1 If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force;
14.2 The Seller may alter the terms and conditions contained herein at any time by giving reasonable notice to the Customer of the change;
14.3 This agreement is governed by the laws of the State of New South Wales and the parties submit to the jurisdiction of the Courts of that State;
14.4 Neither party shall be liable for any act of war, strike, industrial action, fire, flood, drought, storm or other act of natural cause beyond the reasonable control of either party.