These
Terms and Conditions constitute a legally binding contract between
the customer ("you") and RingItOn and apply to the ordering, purchasing, fulfilment and
delivery of Direct Import Goods from the top level domain name
ringItOn.com.au ("Website").
Please
read the following Terms and Conditions carefully before placing your
order. The Terms and Conditions contain important information about
ordering, processing, fulfilment and delivery of Direct Import Goods.
You
agree to be bound by the Terms and Conditions by accessing the
Website, regardless of whether you create an account or make a
purchase.
If
you breach any of the Terms and Conditions, you are prohibited to
continue using the Website.
If
you do not agree with any part of these Terms and Conditions you must
leave this Website immediately.
These
Terms and Conditions may be updated periodically by Ring It On.
Revisions will be posted to this page. You agree to be bound by any
revisions.
DEFINITIONS
"Direct
Import Goods" means those goods available from RingItOn via
the Website.
"Order"
means an Order for Direct Import Goods placed via the Website.
"Taxes"
means any taxes (including goods and services tax and other value
added taxes), levies, imposts, charges and duties (including stamp
and transaction duties, import and export duties) imposed by any
authority together with an related interest, penalties, fines and
expenses in connection with them in relation to a transaction
contemplated under these Terms and Conditions.
COMMUNICATION
BY US
As
a condition of creating an account with RingItOn, you consent to us
sending you Administrative Emails and Promotional Emails. In this
document:
a)
"Administrative Emails" involve details of account activity
and purchases you have made.
b)
"Promotional Emails" consist of product information, new
offers and information about RingItOn. You may choose to opt-out of
receiving Promotional Emails anytime by simply clicking the
unsubscribe button at the bottom of our emails and following the
instructions.
PLACING
YOUR ORDER
You
may place an order with RingItOn by completing the order form on
the Website and clicking the "Confirm Order" button.
When
you place your order, we will issue you with an order number by
email. Please note that this is not a confirmation that your Order
has been accepted.
By
placing an order, you make an offer to us to purchase the rings you
have designed, or other product you have selected, based on these
Terms and Conditions.
Information
contained on the Website constitutes an invitation to treat. No
information on the Website constitutes or should be deemed as an
offer by us to supply any rings or other products, however RingItOn
will make every effort to supply the rings you have designed to you,
or other products you have selected for purchase.
We
will notify you that your order is being processed by sending an
order confirmation email to you. We do not formally accept your offer
until your order has passed our internal validation procedures for:
-
verifying
the bona fides of each order placed, for the purpose of preventing
credit card or payment fraud; and
-
confirming
with our suppliers that they are able to supply the rings you have
designed.
Formal
acceptance of your offer will occur when we email you confirming your
order and, where you have ordered a bespoke ring, where we
provide you with the first update on the making of your ring.
If
we cannot process or accept your order after payment is received we
will contact you by email or telephone.
You
warrant to RingItOn that all goods that you order are intended for
personal, domestic, non-commercial use only.
You
agree that, if your offer is accepted by RingItOn in accordance
with these Terms & Conditions, in addition to contracting with
RingItOn in relation to the purchase of certain products, you are
also separately contracting with RingItOn to arrange for the
delivery of those products to your nominated address.
You
agree and acknowledge that, if your offer is accepted by RingItOn
in accordance with these Terms & Conditions that RingItOn is
contracting to arrange for the delivery of the relevant products to
your nominated address. RingItOn is considered the importer of
record in respect of those products and you must comply with all laws
and regulations of the country in which you are receiving the
products.
All
Direct Import Goods are located outside Australia when an Order is
placed.
RingItOn and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
YOUR
RESPONSIBILITIES
You
agree not to post or transmit to the Website any material which:
-
is
threatening, defamatory, obscene, offensive, indecent, pornographic,
abusive, discriminatory, liable to incite hatred, is in breach of
confidence, or privacy, or is proprietary;
-
is
not properly licensed for use on this Website;
-
violates
or infringes the copyrights, patents, trademarks, service marks,
trade secrets, or other proprietary rights of any person;
-
constitutes
or encourages an illegal act -- including criminal or civil
liability, or acts which are otherwise prohibited by the law of any
relevant country in the world;
-
infringes
on the rights of a third party in any country in the world; or
-
has
the potential to cause technical damage to the Website, or the
equipment of other users of the Website (including, without
limitation, viruses, trojans, worms, corrupted data or other
malicious data or code).
You
agree to not attempt to "hack" the Website or any other
websites you do not own. This includes without limitation, trying to
guess users passwords, "phishing", accessing "hidden"
URLs, attempting to trigger remote code for the purpose of accessing
data or material you would not otherwise have access to.
You
may not reverse engineer, decompile, or disassemble the RingItOn
JCD Library, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this
limitation.
You
agree that Ring It On owes no royalty or licence fee to you or any
third party for use of material which is posted or transmitted to the
Website. This includes but is not limited to images of rings designed
by you using our JCD Library, and photographs of rings custom made
for and sold to you. RingItOn is free to copy, distribute or
incorporate such material into the Website for commercial or
non-commercial purposes.
ACCESS
TO Ring It On
RingItOn may assign you a password and account identification to enable
you to access and use certain portions of the Website. Each time you
use a password or identification, you will be deemed to be authorised
to access and use the Website in a manner consistent with these Terms
and Conditions. RingItOn has no obligation to investigate the
authorisation or source of any such access or use of the Website. You
are solely responsible for all access to and use of the Website by
anyone using the password and identification originally assigned to
you whether or not such access to and use of the Website is actually
authorised by you, including without limitation all, communications
and transmissions and all obligations (including without limitation
financial obligations) incurred through such use of access. You are
solely responsible for protecting the security and confidentiality of
the password and identification information assigned to you. You will
immediately notify RingItOn of any unauthorised use of your
password or identification or any other breach or threatened breach
of this Website's security.
PAYMENT
If
you decide to purchase a ring or other product from the
Website, you agree to promptly pay the associated fee. You
acknowledge that if you trigger a "chargeback" through your
credit card provider we reserve the right to no longer conduct
business with you.
PROMOTIONAL
OFFERS
You
acknowledge that all discounts arising from promotional offers are
applied to transaction amounts only before any applicable sales tax
and existing account credit are applied to
the total amount of your order.
Discounts
will be calculated on the final amount of an order taking into
account any refunds, additions or deletions. Where an order is
changed after payment has been processed, RingItOn will recalculate
the discount applied and only refund the difference between the price
you paid and the price that you would have paid had your original
order been for the amended order. Where a remake order has been
placed on a discounted item that results in a change in price, RingItOn will credit or charge the difference in price for that item, as
the case may be.
Only
one promotional offer can be used per order.
RingItOn reserves the right to verify the validity of the promotional
offers redeemed by you at any time. If we have reason to believe that
there has been unauthorised use of a promotional offer then we can
revoke this offer and cancel your order at our discretion.
RETURNS
& REFUNDS
This policy forms part of this agreement and we agree to provide
refunds in accordance with this document.
CREDIT
CARD FRAUD
Ring
It On, through our transaction providers Adyen and PayPal, employs
the Secure Sockets Layer (SSL) technology to protect transactions
with our customers. However Ring It On will not be responsible for
any damages, consequential losses (whether direct or indirect)
suffered by a customer whose credit card is fraudulently used or is
used in an unauthorised manner as a result of using this Website.
SUPPLY
OF PRODUCTS
Subject
to these Terms and Conditions, we will supply to you the products
indicated on your order confirmation.
When
designing your bespoke rings, the images displayed are a
representation only, the actual ring that is custom made for you may
differ to the represented images. Your ability to return rings is
subject to the RingItOn returns
policy.
When
your order items have been dispatched, we will email you to confirm
shipment of each item including a tracking number for each item (if
applicable).
PRODUCTION
OF YOUR PRODUCTS
“Standard
Production” means crafting rings according to our standard
production time and delivering with Fedex. This is the default
option. The making of your bespoke rings and delivery time takes up
to 30 working days from the date your payment is received.
“Express
Production” means we will prioritise your order and hand craft and
deliver your rings within 14 business days, where shipping with Fedex, provided you have selected this option upon placing your
order and paid the additional charges. If we are unable to ship with Fedex to the delivery address supplied by you, we will contact
you to discuss further.
Please
note that we cannot allow changes to an Express Production Order once
it has been submitted, as these will affect production which means we
can no longer guarantee the Express Production estimated delivery
date. Additional comments in your order that require further
attention or additional craftsmanship can also impede meeting your
estimated delivery date so we encourage you to avoid these. Any
instances where additional comments or requests impede or delay the
production will result in forfeiture of the Express Production
guarantee without refund.
We
want to ensure your express rings still meet our high quality
standards! With handcrafting rings, there are occasions when we make
a mistake during the production process and need to start again
making your rings. In these instances we’ll do our absolute best to
still meet the Express Production Timeframe but if we’re unable to,
we will let you know immediately and refund the Express Production
Charges in full. And if the new delivery date doesn’t work for you
and you would prefer to cancel the order, you are of course entitled
to a full refund.
In
all instances estimated delivery times will be displayed at the
checkout for your product.
In
the event your rings require a remake or a refund where the original
order was made with Express Production, this service will transfer to
your remake order or be refunded, provided the reason for remake or
refund fits into one of the following categories:
Express
production will not transfer from an original order to its remake,
nor a refund granted for the Express Production service, if the
remake or refund reason falls under any of the following categories:
-
Occasion
(rings not suitable for occasion ordered for)
-
Time
(where we missed the customer's deadline, but fulfilled our Express
Production obligations)
-
Dislike
-
Cancelled
(if the rings are already in production stages)
-
Style
-
Don't
like
Missing
the Express Production Timeframe
If
we do not ship your rings within the Express Production Timeframe,
due to production taking longer than advised, we will refund the
Express Production Charges.
For
cases where rings are shipped within the Express Production
Timeframe, but unexpectedly held up by local Customs and as a
consequence do not meet the Express Production Timeframe, we will
refund the Express Production Charges.
For
cases where rings are shipped within the Express Production
Timeframe, but the delivery is not successful because no-one is
present to sign for delivery, or similar, causing delivery to fall
outside of the Express Production Timeframe, then the Express
Production Charges will be forfeited.
DELIVERY
OF YOUR PRODUCTS
RingItOn makes every effort to deliver your custom made rings or other
product purchased from the Website according to the estimated
delivery times provided at checkout. The estimated delivery times are
in business days (Monday through Friday) excluding Public holidays.
Every
effort is made to ship your order according to the estimated delivery
times provided. Estimated ship times may vary or change due to
changes in supply or circumstances beyond our control. If your custom
made rings or other product has not arrived after the estimated
delivery time, please contact us.
We
encourage you to visit the "My Project" section
on our Website to view the delivery status of your custom made rings
or other product.
Unless
otherwise agreed by us, we will deliver your custom made rings or
other product to the address indicated on your order confirmation. If
no-one is available to take delivery of your order, our carrier may
leave a card so you can pick-up your custom made rings or other
product from a third party address. If you grant authorisation for
our carrier to leave your delivery without a signature, you release
RingItOn and our carrier from all liability. Deliveries lost,
stolen or damaged under these circumstances are not covered by the
Ring It On returns policy for remake or refund, or by our carrier.
We
will use our reasonable efforts to deliver your custom made rings or
other product to you within the estimated delivery time indicated on
your order confirmation; however, we do not guarantee that we will
deliver within this time frame. To the extent permitted by law, RingItOn will not be liable for any delay or inability to deliver your
order within the estimated timeframe.
Risk
and Title in Direct Import Goods passes to you on the date and time
of delivery of the goods to RingItOn's nominated delivery agent in
the country of export.
IMPORTER
OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As
noted above, if your offer is accepted by RingItOn in accordance
with these Terms & Conditions and notwithstanding that the
delivery of the relevant products to your nominated address will be
arranged by RingItOn, you will be considered the importer of record
in respect of those products.
If
your nominated address is within Australia, you hereby authorise Fedex under the Customs Act 1901 (Cth) to act as your agent in respect of
dealing with the Australian Customs and Border Protection Service in
clearing the goods on your behalf, including, without limitation,
making declarations on your behalf to Customs.
CUSTOMS
AND DUTIES
In
respect of an order of Direct Import Goods, Taxes may be levied with
respect to the goods by the destination country to which the goods
will be delivered.
REVIEWS,
COMMENTS AND RING DESIGNS
Except
as otherwise provided elsewhere in these Terms and Conditions or on
the Website, anything that you submit or post to the Website and/or
provide RingItOn, including without limitation, ring designs,
ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, "Submissions") is and will be
treated as non-confidential and non-proprietary, and RingItOn shall
have the royalty-free, worldwide, perpetual, irrevocable and
transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, create derivative works from
such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions.
All Submissions shall automatically become the sole and exclusive
property of RingItOn. You also grant RingItOn the right to
publicly use the name that you include with any Submission when we
refer to that Submission. You represent and warrant that you own or
otherwise control all of the rights to any Submissions you make on
the Website and that your use of your Submissions by RingItOn will
not infringe upon or violate the rights of any third party. You shall
not use a false e-mail address, pretend to be someone other than
yourself or otherwise mislead RingItOn or third parties as to the
origin of any Submissions or Content. Ring It On may, but shall not
be obligated to, remove or edit any Submissions (including comments
or reviews) for any reason.
LINKS
Outbound
links from this Website are provided for your convenience.
RingItOn has not reviewed these websites in any great detail, and cannot
vouch for the content on these pages. You agree to access these links
entirely at your own risk.
You
are welcome to link to the Website provided you do so tastefully. If
we feel your link is not in good taste, or is damaging to our brand
(beyond mere criticism), we reserve the right to withdraw the right
to link to the Website. You agree to remove the offending link at
this time.
GENERAL
You
shall not assign any rights and obligations under these Terms and
Conditions whether in whole or in part without the prior written
consent of RingItOn. Any unauthorised assignment shall be deemed
null and void.
If
any provision of these Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of these Terms and Conditions and
the remainder of the provisions in question shall not be affected.
Our
goods come with guarantees that cannot be excluded under the
Australian Consumer 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.
Neither
our failure nor your failure to enforce any part of these Terms and
Conditions constitutes a waiver of such Terms and Conditions. Such
failure will in no way affect the right to later enforce a part of
these Terms.
RingItOn reserves the right to change the Terms and Conditions at any
time.
No
RingItOn employee or agent has the authority to vary any of the
Terms and Conditions.
FORCE
MAJEURE
Ring
It On shall not be liable for any delay in performing any of its
obligations under these Terms and Conditions if such delay is caused
by circumstances beyond the reasonable control of Ring It On, and
Ring It On will be entitled to a reasonable extension of time for the
performance of such obligations.
DISCLAIMER
AND LIABILITY
Whilst
every effort has been made to ensure the information contained within
this Website is correct, RingItOn makes no warranty as the
accuracy, comprehensiveness, or correctness of any material, and
provides all material on an "as is" basis.
RingItOn, including our partners, directors, officers, shareholders,
employees, agents, contractors, and other third parties associated
with running the Website, to the maximum extent permitted by law,
disclaim all liability and responsibility for any loss or damage that
might be suffered by you or any third party caused by the Website or
the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE
SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNING
LAW AND SEVERABILITY
This
contract will be governed by the laws of New South Wales, Australia.
Any dispute arising out of your use of the Website, or the products
purchased on it shall be subject to the exclusive jurisdiction of the
courts of that jurisdiction.
If
a provision of these Terms and Conditions is or becomes illegal,
invalid or unenforceable that shall not affect the validity or
enforceability of any other provision.
PRIVACY
POLICY
At
RingItOn, the importance of protecting your privacy is paramount.
We promise to do everything in our power to ensure you shop with us
with confidence.
This
document describes how we collect, use, disclose and safeguard your
personal information. If you have any questions relating to this
policy, please do not hesitate to contact
us.
WHAT
IS PERSONAL INFORMATION?
Personal
information is information or an opinion about an identified
individual, or an individual who is reasonably identifiable whether
the information or opinion is true or not, and whether the
information is recorded in a material form or not.
HOW
WE COLLECT PERSONAL INFORMATION
We
strive to only collect personal information necessary to conduct
business as a premier retailer of bespoke women's rings.
The
type of personal information we collect includes:
-
your
full name and contact details (such as phone and email),
-
the
name, address and contact details of the person who will take
delivery of the product,
-
your
billing information,
-
sizing
measurements, and
-
any
personal information you disclose to us when you complete an online
form on our website www.ringItOn.com.au ("Website"),
or send us via email.
USING
AND DISCLOSING YOUR PERSONAL INFORMATION
Any
personal information which is collected will be used and disclosed
only to provide you with the products and services you've requested,
or otherwise to carry out our business including communicating
information about our products and services to you.
We
will not under any circumstances disclose information about you to a
third party unrelated to our business, unless such a disclosure is
authorised or required by law, or you have expressly consented to
such a disclosure.
If
you are subscribed to receive promotional material from us, we may
send you such material periodically. You may unsubscribe from
receiving this material at any time.
We
may periodically send all members surveys or company announcements.
These messages are separate to our newsletters, but you may also
unsubscribe at any time by following the included instructions.
THIRD
PARTY ADVERTISING
Third
party vendors, including Google, show our ads on sites on the
internet.
Third
party vendors, including Google, use cookies to serve ads to you
based on your prior visits to our Website.
You
may opt out of Google's use of cookies by visiting the Google
advertising opt-out
page.
ACCESSING
AND EDITING YOUR PERSONAL INFORMATION
We
will take all reasonable steps to ensure any personal data we
collect, use or disclose is up to date and accurate.
Your
personal information is accessible and editable by logging in to your
Ring It On account. You may log in and edit this information at any
time.
You
may ask us to provide you with details of the personal information we
hold about you, and copies of that information. We will respond to
your request and attempt to provide you with the data within 30 days
of receipt of your request.
If
we provide you with copies of the information you have requested, we
may charge you a reasonable fee to cover the administrative costs of
providing you with that information.
SECURING
AND STORING YOUR PERSONAL INFORMATION
We
are committed to maintaining the confidentiality of the information
you have provided to us and we take all reasonable precautions to
protect your personal information from unauthorised use or
alteration.
Your
personal information may be stored by us both electronically and in
hard copy form. We take all necessary measures to ensure the security
of your information in both these forms.
OVERSEAS
DISCLOSURE
We
may, in the course of providing products and services, disclose
personal information to overseas entities.
Those
overseas entities are likely to be located in the following
countries: United States, Canada, Japan and China.
MORE
INFORMATION
If
you would like more information about the way we manage your personal
information please contact
us.
CHANGES
TO OUR PRIVACY POLICY
From
time to time it may be necessary for us to revise our privacy policy.
Any changes will be made in accordance with the Privacy Act 1988 and
the Australian Privacy Principles. We may notify you about changes to
this privacy policy by posting an updated version on our Website.
Further
information about the Privacy Act 1988 and the Australian Privacy
Principles is available on the Federal Privacy Commissioner's website
at: www.oaic.gov.au.
MAILING
LIST TERMS & CONDITIONS
As
a condition of joining our mailing list, you consent to us sending
you Promotional Emails. In this document, 'Promotional Emails'
includes product information, new offers and information about Ring
It On. You may choose to opt-out of receiving Promotional Emails
anytime by simply clicking the unsubscribe button at the bottom of
our emails.
Please
note that, to the extent that they are applicable, our general terms
& conditions (above) and privacy policy also apply to members of
our mailing list.
If
you do not agree with any part of our privacy policy or any of our
Terms and Conditions, you must leave this Website immediately.
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