T&Cs
CHRISTMAS DELIVERIES 2023
To receive your order by Christmas Day, you must order your Merch by Thursday 14th December 2023 *. All orders after this date may arrive as late as mid January 2024. Last orders for 2023 will be processed on Wednesday 20th December 2023. Online orders will recommence on Monday 8th January 2024.
* To give your Christmas parcels the best chance of arriving on time, order as early as possible before the cut-off date above.
Delivery
The average delivery times for Standard delivery is 7-10 Business days Australia wide including most country areas. Please note that during major events such as COVID 19 we may take an extra two or three days to prepare your order.
Online Shopping Terms and Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and form a contract between you and Red Rooster Pty Ltd ABN 51 008 754 096 Level 12, 12 Help Street Chatswood, NSW 2067 as may be applicable.
Terms
By using the Site in any manner, you agree and accept the Terms. These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability. Red Rooster reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site.
Each time you use the Site, you should review and be aware of the current Terms.
1. Compliance with Terms
1.1. You will be bound by these Terms each time you submit an Order.
2. Placing Orders for Goods
2.1 By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
2.2. Each Order you place will be a separate contract.
2.3 A tax invoice will be issued at the time the Goods are ready for despatch.
2.4. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.5. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.6. You may place an Order on the Site if you are aged 16 years or over and have an active email account or a telephone number at which you can be contacted.
2.7. We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.
2.8. Your Order becomes a sale when your Order is dispatched and We have issued you a Tax Invoice.
2.9 Orders for goods will not be accepted for delivery outside of Australia.
3. Availability of Goods
3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. Red Rooster will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us in accordance with clause 7.
3.4. Red Rooster reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with clause 7, and Red Rooster will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
a) all pictures and images of Goods displayed are for illustrative purposes only;
b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
c) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
4. Price and payment
4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2. All Prices and charges are in Australian Dollars and, if GST applies, inclusive of GST.
4.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. Payment methods are specified on the Website at the time you place your Order. No other payment methods will be applicable. The name on any credit card used for payment must match the name on the Order.
4.5. Any payment for an Order must be cleared before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem.
4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Pre-orders are applicable when displayed and offered on the website.
7. Order cancellations and returns
7.1. Unless provided for under these Terms or as otherwise agreed by Red Rooster, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
7.3. Unless otherwise explicitly stated by Us, a return Delivery Fees will be charged if you return Goods for change of mind and this will be deducted from your refund.
7.4. Any Goods you purchase can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
7.5. Red Rooster will process any refunds within a reasonable time of agreeing to do so.
7.6. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
10. Privacy
10.1. Personal Information, which you provide to us during the Order or through the Customer Service Centre including contact details, will be kept, used and disclosed by Us in accordance with Red Rooster’s Privacy Policy for the purpose of processing and delivering your Order.
10.2 .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
10.3. Unless otherwise indicated in your account settings or at the time you placed your order, Red Rooster may send you marketing information
10.5. Red Rooster reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
11. Risk & Liability
11.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent
11.2. Our goods come with guarantees that cannot be excluded under the AustralianConsumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.4. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
11.5. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
11.6. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12. Termination
12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
a) for convenience, at any time, on giving notice to you; or
b) immediately if We reasonably believe that you have breached these Terms and:
a. that the breach is not capable of remedy; or
b. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
13. General
13.1. The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in Lane Cove West, New South Wales.
14. Definitions
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in New South Wales, Australia.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third-party delivery or shipping company engaged by Us to deliver Goods.
Delivery Fee means the applicable fee for the delivery of Goods.
Goods means the items offered for sale on the Website, through our In-Store Ordering system and through our Customer Service Centre.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Red Rooster means Red Rooster Pty Ltd (ABN 51 008 754 096)
Order means a request by you to purchase Goods from Red Rooster under these Terms through the Website.
Personal Information has the meaning given in the Privacy Act 1988 (Commonwealth).
Price means the purchase price of each Good as specified on the Website.