Terms & Conditions
Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Rocc Naturals Pty Ltd ABN 63 643 196 829. Your access to and use of all information on this the website including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. You are not required to proceed with a transaction if you do not agree to an amendment which impacts that transaction.
Our Website Services
By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AUD) and are inclusive of GST (where applicable) . We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
We strive to ensure that our products are described as accurately as possible on our website, however, subject to our obligations under the Australian Consumer Law, we do not warrant that the description is accurate. Where we become aware of any misdescription, we will correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website. All prices are in Australian Dollars (AUD) and are inclusive of GST (where applicable). Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. Packaging and postage is an additional charge, calculated at time of purchase. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, subject to our obligations under the Privacy Act 1988, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page. All risk of loss or damage to the goods passes to you when we despatch the goods.
When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
If you are a “consumer” as defined in the Australian Consumer Law (“ACL”), and these terms are subject to consumer guarantees under Part 3-2 of the ACL, our liability in respect of a failure to comply with the guarantee is limited to: (a) in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and (b) in the case of our services supplied to you, the supply of the services again or the payment of the cost of having the services supplied again.
Limitation of Liability
If you are not a consumer within the meaning of the Australian Consumer Law, then this clause applies to you. If you are a consumer within the meaning of the Australian Consumer Law, then this clause does not in any way limit our liability or your rights. If you are not a consumer, then to the full extent permitted by law, (a) our liability for a breach of these terms and conditions is limited (where applicable) to the supply of the goods or services again or payment of the cost of having those goods or services supplied again; (b) subject to paragraph (a), we accept no liability for any loss including consequential loss suffered by you arising from goods or services which we have supplied; (c) we do not accept liability for loss or damage arising out of the use of a postal service or from any other form of communication which originates with a user; and (d) we do not participate in any way in transactions between our users.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, any claim made by either party against the other which in any way arises out of these terms and conditions will be heard exclusively before a court exercising jurisdiction in New South Wales and courts of appeal therefrom.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.