In these terms and conditions, “we” “us” and “our” refers to Rocc Naturals Pty Ltd. 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
In order to access the services provided on this website, you must
become a registered user. You must complete registration by providing
certain information as set out on our membership/registration page.
information relating to our collection, storage and use of the details
you provide on registration.
You agree to ensure that your registration details are true and accurate
at all times and you undertake to update your registration details from
time to time when they change. On registration, you will be required to
provide a password. On registration you agree to pay for our services as
set out on our website. We reserve the right to terminate your
registration at any time if you breach these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years.
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. 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
We strive to ensure that our products are described as accurately as
possible on our website, however we do not warrant that the description
is accurate. Where we become aware of any misdescription, we reserve the
right to 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.
Our products are for sale to adults over the age of eighteen (18) years.
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. Our
price list can be accessed from our home page and we reserve the right
to amend our prices at any time.
Packaging and postage is an additional charge, calculated at time of
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 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
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
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 TM 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
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines
a consumer. Under the C&C Act we are a supplier of either goods or
services or both to you, and as a consumer the C&C Act gives you
statutory guarantees. Attached to the Standard Terms and Conditions
Schedule 2 of the C&C Act; and those statutory guarantees, all of which
are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of
our goods or services then we give you a warranty that at the time of
supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is
defective; or b. Provide again or rectify any services or part of them
that are defective; or c. Wholly or partly recompense you if they are
As a consumer under the C&C Act you may be entitled to receive from us
notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act
and the goods or services we are providing relate to the repair of
consumer goods then we will give you any notice which we are obliged to
give you under Schedule 2 section 103 of the C&C Act. b. If we are a
repairer of goods capable of retaining user-generated data then we
hereby give you notice that the repair of those goods may result in the
loss of the data.
Website Terms & Conditions
c. If we are a repairer and our practice is to supply refurbished goods
as an alternative to repairing your defective goods or to use
refurbished parts in the repair, then we give you notice that the goods
presented by you to us for repair may be replaced by refurbished goods
of the same type rather than being repaired. We also give you notice
that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C
Act then this clause applies to you. If you are a consumer within the
meaning of the C&C Act then this clause has no effect whatsoever to in
any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an
implied warranty or condition is limited to the supply of the services
again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including
consequential loss suffered by you arising from services we have
supplied. c. We do not accept liability for anything contained in the
post of a user or in any form of communication which originates with a
user and not with Us. d. We do not participate in any way in the
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 NSW and any claim made by either party
against the other which in any way arises out of these terms and
conditions will be heard in NSW and you agree to submit to the
jurisdiction of those Courts. 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.
We undertake to take all due care with any information which you may
provide to us when accessing our website. However we do not warrant and
cannot ensure the security of any information which you may provide to
us. Information you transmit to us is entirely at your own risk although
we undertake to take reasonable steps to preserve such information in a
secure manner. Our compliance with privacy legislation is set out in our