Conditions of Sale Effective 1 March 2013
In these Conditions of Sale:
‘Contract’ means any contract for the supply of Goods entered into between Riviera and the Customer;
‘Customer’ means any person who acquires Goods from Riviera under a Contract;
‘Goods’ means all products and services agreed to be supplied by Riviera to the Customer under any Contract;
‘Consumer Law” means, prior to 1 January 2011, the Trade Practices Act 1974 (Cth) and from 1 January 2011, the Competition and Consumer Act 2010 (Cth), any statutory amended or re-enactment thereof for the time being in force and any other relevant and applicable State and/or Commonwealth legislation;
‘Riviera’ means Riviera Australia Pty Ltd (ABN 55 139 663 906) trading as R Style and its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as party to the Contract);
These Conditions of Sale:
(a) Unless Riviera otherwise agrees in writing, these are the only Conditions of Sale for the supply of Goods by Riviera to the Customer to which Riviera will be bound and the Customer agrees that these Conditions of Sale will, in all circumstances, prevail over the Customer’s Conditions of Purchase (if any);
(b) Supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods;
(c) Do not limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees provided under the Consumer Law, including the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) (“Non Excludable Guarantees”); and
(d) Are accepted by the Customer when the Customer registers as a customer of the R Style Website.
(a) By placing an order for goods through the RStyle website, the Customer is deemed to have accepted these terms and conditions of sale.
(b) On purchase of any goods from the RStyle website an invoice is issued which details the order as Riviera has received it. If the Customer finds any discrepancies, Riviera must be notified in writing within 24 hours. An order is accepted subject to the prices in effect at the time of shipment and to the conditions thereof. Receipt of an order by Riviera from the Customer does not constitute acceptance by Riviera.
(c) Generally, the RStyle website indicates the availability of a product, nevertheless, such information is purely indicative and not binding on Riviera. Where an advertised item is out of stock or discontinued we will contact you as soon as we become aware of such an issue, and provide an estimated delivery date if available, or offer a substitute where possible.
(c) Subject to clause 14, the Customer will examine the Goods for defects and shall notify Riviera of any defects in writing within 14 days of delivery. Returns can only be made if the evidence is clear that the Goods are faulty. A credit authorisation number must be obtained by the customer from Riviera prior to Riviera accepting return of any defective goods. A credit authorisation number will only be provided by Riviera if an adequate explanation as to the nature of any fault is provided. This credit authorisation number must be clearly displayed on the outside packaging containing the returning Goods. If the Customer does not notify Riviera within 14 days of delivery, the Customer shall be deemed to have accepted the Goods.
(d) Riviera and the Customer agree that Riviera’s liability under these Terms and Conditions is governed solely by the Consumer Law.
(e) To the extent the Consumer Law permits, Riviera excludes all other liability whatsoever to the Customer arising out of or in any way connected with a Contract including any liability for consequential or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence, other tort or other cause of action. Consequential or indirect losses will be taken to include but not be limited to:
(i) any loss of income, profit or business;
(ii) any loss in the nature of overhead costs; and
(iii) any loss of goodwill or reputation.
(a) The Customer hereby acknowledges that it has not relied on any service involving skill or judgement, or on any advice, representation, recommendation, information or assistance provided by Riviera in relation to the Goods or their use or application.
(b) Notwithstanding the fact that catalogues, material, specifications or photographs may have been supplied by Riviera to the Customer no contract shall constitute a sale by sample or by description.
(a) Riviera will make all reasonable efforts to have the Goods delivered to the Customer within a reasonable time, but Riviera shall not be liable for any failure to deliver or delay in delivery for any reason.
(b) Riviera shall be deemed to have effected delivery of the goods at the time the goods leave Riviera’s premises.
(c) A freight charge is payable on all orders and will be included in each respective invoice.
(d) The cost of insurance is not included in the price of the Goods.
(e) If Riviera does not receive forwarding instructions sufficient to enable it to despatch the Goods within 7 days of notification to the Customer that they are ready, the Customer shall be deemed to have taken Delivery of the Goods from such date. The Customer shall be liable for storage charges payable monthly on demand and Riviera may terminate the Contract by written notice to the Customer whereupon any deposit paid by the Customer to Riviera will be forfeited to Riviera and Riviera will be entitled to claim as and by way of pre-estimated agreed liquidated damages from the Customer a sum equal to 15% of the total price of the Goods, less any deposit forfeited.
Unless otherwise agreed in writing, all risk in and to the Goods purchased shall pass from Riviera to the Customer on delivery of the goods as set out in term 6 (b) above.
(a) Title in and to the Goods will not pass from Riviera to the Customer until Riviera receives payment in full for all Goods and all monies owing by the Customer to Riviera on any account whatsoever.
(b) Until title in and to the Goods has passed to the Customer in accordance with clause 8(a), the Customer holds the Goods as fiduciary agent and bailee and the Customer will store the Goods separately in such a manner that they are clearly identified as the property of Riviera. Riviera shall be entitled at any time to demand the return of the Goods and is irrevocably authorized by the Customer to enter the Customer's premises or any other premises upon which the Goods are held in order to search for and remove the Goods.
(c) The Customer or any party claiming under or through the Customer shall not have any claim of any kind howsoever arising against Riviera as a consequence of any act or omission under this clause.
10. ACCOUNT DISCOUNT VERIFICATION
To qualify for applicable discounts, Customers must supply their HIN # or Boat number for Riviera to verify that they are a Registered Owner. Riviera reserves the right to return a Customer account to general customer status, without any discounts, until a validated HIN# is provided. Discounts will only be applied from the point of account verification forward.
Delivery of Goods may be totally or partially suspended by Riviera during any period in which Riviera may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Riviera’s reasonable control, including but not limited to strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, equipment, facilities or services, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. Riviera shall not incur any liability to the Customer in respect of such suspension.
(a) Full payment of the accepted order and other associated charges (freight, insurance, etc.) is required prior to the release of goods. Riviera currently uses PayPal to securely process all online payments and all orders, including additional charges must be fully paid prior to shipping.
(b) Notwithstanding sub-clause 11(a) hereof Riviera may at all times in its sole and unfettered discretion and without being under any duty or obligation to assign reasons therefore review, alter payment terms without notice. Without limiting the generality of the foregoing, the decision of Riviera shall be final and Riviera accepts no liability or responsibility for any loss, howsoever arising, incurred by the Customer due to the operation of this condition.
(c) An administration fee will be charged to Customer’s account every time a payment is dishonoured.
The failure of Riviera at any time to insist on performance of any provision of these Conditions of Sale is not a waiver of Riviera's rights at any time later to insist on performance of that or any other provision.
If any provision of these Conditions of Sale or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these Conditions of Sale shall not in any way be affected or impaired.
(a) Copyright in all photographs, drawings, designs, specifications, catalogues and other similar works supplied to the Customer by Riviera is vested in Riviera and the Customer shall not copy or reproduce or allow the copying or reproduction of any such works without the prior written consent of Riviera.
(b) The Customer shall not use the Riviera name and/or any names or marks attached to any item the subject of this contract for advertising or promotional purposes in any manner or medium whatsoever without the prior written consent of Riviera.
(b) Unless agreed in writing by the issuance of a Goods Return Authority from Riviera no goods will be accepted for credit after dispatch. No goods will be accepted for credit if the goods are found to be tampered with or damaged or disk seals are broken. The Customer shall be liable for all delivery and insurance charges incurred in respect of returned goods. For all approved returns, Riviera will credit the Customer for the order value less 20% restocking fee on return of the goods ordered provided the goods are in a saleable condition. For items ordered as 'custom' or special requests, Riviera reserves the right to increase restocking fee up to 70% if the return is approved. All freight charges associated with delivery and return of goods will not be credited.
We endeavour to reproduce all colours as accurately as possible, however sometimes there may be slight variation to what you see on our web site. This can be due to photography lighting, computer picture resolution & individual monitor settings.
In addition to any right of lien to which Riviera may be entitled under the common law, Riviera shall be entitled to exercise a general lien over all items in its possession belonging to the Customer until the Customer has paid in full for all Goods supplied by Riviera to the Customer and has otherwise paid all monies due to Riviera under these Conditions of Sale. Riviera may in its sole discretion sell any item that is subject to the said lien, provided that Riviera shall pay to the Customer any surplus proceeds that are realised by it from a sale of any such items after discharging in full all monies outstanding to Riviera and all reasonable costs of sale incurred by Riviera. Any such sale shall not prejudice or affect Riviera’s right to recover from the Customer any amounts remaining due or payable in respect of the Goods or Services.
The Customer charges in favour of Riviera all its beneficial interests (freehold and leasehold) in real estate and its property held now or in the future by it as security for payment of all and any moneys payable by the Customer to Riviera. Upon request by Riviera to the Customer, the customer will execute a mortgage or charge or other instrument of security in the form requested by Riviera. The Customer authorizes Riviera to lodge a Caveat to protect this Charge.
(b) We will not store your credit card details.
The supply of Goods in Australia under these conditions of sale is governed by the law of the State of Queensland. The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to the Contract.
INTERNATIONAL & DOMESTIC SHIPPING POLICY
Delivery will be arranged through the service the Customer selects at checkout. For deliveries within Australia we use StarTrack and for all other countries we use FedEx. Please note that we have no control over the courier companies’ delivery time. No claim shall be made on account of late shipment or delivery however it is caused.
Once payment is processed, we will take all reasonable steps to ensure the delivery of goods or performance of services is prompt, but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery. Generally, all orders are dispatched the next business day depending on availability.
Goods will be sent to the address that is provided by the Customer at the time of placing the order. If the wrong address or an incomplete address is submitted, or a change of address is requested after the products are released, then it is the Customer’s responsibility to retrieve the goods from the address first provided. We will try to alert and request the courier company to redirect it to the new address, at the Customer’s expense if applicable, but if they are unable to do so, then the Customer is liable for the loss of the goods.
Please Note: As we only offer selected courier services, we are unable to deliver to a PO Box.
AUTHORITY TO LEAVE
If the address supplied is unmanned, the Customer can opt to give us "Authority to Leave" goods at the supplied address, so long as it is in an easily accessible location. "Authority to Leave" goods at location as determined by the Customer means that the Customer accepts the goods at their selected location unattended and accepts liability for loss, theft, or damage without signing for the goods. The Customer must request "Authority To Leave" in the Comments section upon Checkout. Riviera will not accept responsibility for any costs associated with additional attempts of delivery by the courier companies.
We reserve the right to deliver the goods by instalments and each instalment shall be deemed to be a separate contract under the same provisions as the main contract. Should we fail to deliver or make effective delivery of one or more instalments this shall not entitle the Customer to repudiate the main contract.
The Customer may elect to pick up the goods from our warehouse or use their own transport company/delivery method. No claim shall be made on account of delays, inefficiencies, damages or the like for such deliveries, however it is caused. Riviera is not responsible for arranging such deliveries or following up on delayed service, non-delivery or any other inconvenience to this effect.
If the Customer elects to arrange pick up or use their own transport company/delivery method, the Customer is required to give sufficient notice of date and time intended to Riviera (at least 48 hours) for collection of the goods. The Goods can be collected Monday through Thursday between 8am and 4pm, and Friday between 8am and 12pm, except on public holidays.
If the Customer elects to organise their own freight, the order is subject to a minimum $15 packing and handling fee.