Remy & Remus Terms & Conditions
1 Definitions and interpretation
Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.
Customer means customer or persons visiting the website and includes the agents and permitted assigns (“you” “your”).
Goods means any goods supplied by Remy & Remus including those supplied in the course of providing Services.
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.
Loss includes, but is not limited to, costs (including party to party legal costs and the Supplier’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Order means a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
PPS Law means:
- the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
- any amendment made at any time to any other legislation as a consequence of a PPS Law.
Quote means the prices of the Goods or Services advertised by Remy & Remus, a written description of the Goods or Services to be provided, an estimate of Remy & Remus’ charges for the performance of the required work and an estimate of the time frame for the performance of the work.
Services means the services to be provided by Remy & Remus to the Customer in accordance with a Quote and these terms and conditions.
Supplier means the entities that provide Goods or Services to Remy & Remus for sale.
In these terms and conditions, unless the context otherwise requires:
- a reference to writing includes email and other communication established through Remy & Remus’ website (if any);
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of these terms and conditions;
- a reference to a party to these terms and conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- headings are for ease of reference only and do not affect the meaning or interpretation of these terms and conditions; and
- if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
- in all other cases, must be done on the next Business Day.
- This website address, www.remyandremus.com (the “Site”) is a shopping website where you can browse, select and order products advertised on the Site from Remy & Remus Pty Ltd ACN: 616 404 838 trading as Remy & Remus (“Remy & Remus Shop”, “we”, “us”, “our”)
- By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the terms and conditions and you agree to be bound by them. If you do not agree to the terms and conditions please do not use the Site.
- Remy & Remus operates the Site as an online store for the sale and purchase of retail Goods.
- The Site may contain information from a number of suppliers of retail products. The Site provides you with the opportunity to purchase Goods or Services provided by suppliers to Remy & Remus for sale on the Site.
- We are not an agent for the suppliers, nor are we an agent for any third party suppliers of any Goods or Services that are advertised on the Site.
- We are distributors for the company YESforLOV and will be offering wholesale and retail products on the Site. In addition to these terms and conditions, for wholesale orders pertaining to YESforLOV, please read the wholesale terms and conditions.
- Your access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions.
- Information contained on the Site about Goods and Services offered by a supplier is provided by that supplier. We do not monitor, verify or endorse information submitted by suppliers for posting on this Site and you should be aware that such information may be inaccurate, incomplete, out of date and may change at any time.
- You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
- If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4 Invoicing and Payment
- The price of Goods and Services ordered is the current price at the time of delivery, unless a specific price has been quoted. All prices are in Australian dollars. Payment for Goods and Services online may be made by an approved business account.
- Remy & Remus may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
- at the end of each Order and upon receipt of payment from the customer; and
- prior to commencing the provision of the Goods or Services, for an amount equal to the Quote where Remy & Remus has not previously carried out work for the Customer or where Remy & Remus chooses to do so;
- The amount payable by the Customer will be the amount set out in the Quote. This will be calculated as:
- the amount for the Goods or Services (or both) as set out in the Quote, or
- where no Quote has been provided by Remy & Remus, Remy & Remus’s usual charges for the Goods or Services (or both) as described in the Order.
- Remy & Remus accepts payments by MasterCard or Visa. Unless otherwise agreed, the Customer must pay the quoted price on the Site to Remy & Remus before an Order can be placed.
- It is the responsibility of the Customer to ensure all relevant safety measures are in place when making online payments. To the full extent permitted by law, Remy & Remus excludes all liability in respect of loss of payments, loss of data, unauthorised interruptions by third party hackers or any consequential or incidental damages.
- If any invoice is due but unpaid, Remy & Remus may withhold the provision of any Goods or Services until overdue amounts are paid in full.
- The Customer is not entitled to retain any money owing to Remy & Remus notwithstanding any default or alleged default by Remy & Remus of these terms and conditions, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
- All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of Remy & Remus, are to be paid by the Customer as a debt due and payable under these terms and conditions.
- The Customer and Remy & Remus agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
5 Placing Orders and Delivery
- You may place an Order for Goods via the shopping cart tool on the Site. This can be done by email.
- We reserve the right to correct any errors or misprints and we have no responsibility if any of the Goods or Services advertised on the Site are unavailable. Back orders will be recorded and delivered when available, unless otherwise advised.
- Remy & Remus will attempt to deliver or dispatch all orders within two (2) weeks from the date the Order is made, however Remy & Remus accepts no responsibility for delays. If stock is ordered from overseas, there may be delay of up to six (6) weeks. We will notify you of any unexpected delays as soon as reasonably possible.
- Placement of an Order by the Customer signifies acceptance by the Customer of these terms and conditions.
- Remy & Remus may in its absolute discretion refuse to provide Goods or Services where:
- Goods are unavailable for any reason whatsoever;
- credit limits cannot be agreed upon or have been exceeded; or
- payment for Goods or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of Remy & Remus, associated with the Customer under the same or another supply contract, has not been received by Remy & Remus.
- An Order cannot be cancelled without the prior written consent of Remy & Remus. Where an Order is cancelled, the Customer indemnifies Remy & Remus against any Losses incurred by Remy & Remus as a result of the cancellation. This includes, but is not limited to, loss of profit from other Orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
5 Acceptance and Rejection of Orders
- We reserve the right to accept or reject your Order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your Order.
- Each Order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with the terms and conditions.
- If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
6 Cancelling Orders by Remy & Remus
- Prior to the dispatch of an Order, we may cancel all or any part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation if:
- the requested products in that Order are not available; or
- there is an error in the price or the product description posted on the Site in relation to the relevant product in that Order; or
- that Order has been placed in breach of the terms and conditions.
- If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order if we cancel it before the delivery date or if you are not at fault or in breach of the terms and conditions.
7 Cancelling Orders by Customer
- Prior to the dispatch of an Order, you may cancel all or any part of an Order (including Orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness) but not if you simply change your mind, without any liability to us for that cancellation. If you do, then you must provide us notice (including reason) before the dispatch of an Order. You cannot cancel all or any part of an Order after the Order has been dispatched by us.
8 Refund Exchange and Returns
- If you are not satisfied with the Goods purchased on the Site Remy & Remus will offer:
- a full refund of the Goods purchased; or
- a store credit which is valid for up to 6 months; or
- an exchange of the Goods for another product,
- on the condition that the Goods are returned within seven (7) business days from the date the Goods were delivered to you and the products are in their original condition as purchased, have not been worn, washed, modified or damaged and the identification tags are still attached to the products with the disposable seals; the products are returned in their original packaging, accompanied by the signed returns slip.
- You may exchange an item up to a maximum of two (2) times, however you must pay the postage fees for sending the item back to us. We will pay the postage fees to resend the exchanged items to you. However, there will be a $12.50 restocking fee per batch of Goods returned and exchanged.
- Standard postage fees will apply if Remy & Remus agrees to exchange an item more than two (2) times.
- No exchanges, credit note or refunds are offered on sale items for Australia and international customers.
- We reserve the right to refuse returned items if the items do not comply with the terms and conditions. Any items we have refused will be posted back to you and additional postage will be charged to you.
- To the full extent permitted by law, we accept no responsibility for Goods lost or damaged during shipping and transport. If we do not receive the returned items, we cannot issue an exchange, grant a store credit or provide a refund. You should consider obtaining suitable insurance in respect of the shipping and the transport of the Goods.
- Nothing in this section affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
9 Acceptance of Goods
- If the Customer fails to advise Remy & Remus in writing of any fault in Goods or failure of Goods to accord with the Customer’s Order within 48 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer’s Order.
- Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
10 Title and risk
- Risk in Goods passes to the Customer immediately upon leaving Remy & Remus’ business. The Customer should consider obtaining suitable insurance in respect of the shipping and the transport of the Goods. To the full extent permitted by law, Remy & Remus accepts no responsibility for Goods lost or damaged during shipping and transport.
- Property and title in Goods supplied to the Customer under these terms and conditions does not pass to the Customer until all money (including money owing in respect of other transactions between Remy & Remus and the Customer) due and payable to by the Customer have been fully paid.
- Where Goods are supplied by Remy & Remus to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by Remy & Remus in respect of those Goods, the Customer acknowledges that Remy & Remus has a right to register and perfect a personal property security interest.
- a PPS Law applies or commences to apply to these terms and conditions or any transaction contemplated by them, or Remy & Remus determines (based on legal advice) that this is the case; and
- in Remy & Remus’ opinion, the PPS Law:
- does or will adversely affect Remy & Remus’ security position or obligations; or
- enables or would enable Remy & Remus’ security position to be improved without adversely affecting the Customer,
Remy & Remus may give notice to the Customer requiring the Customer to do anything (including amending these terms and conditions or execute any new terms and conditions) that in Remy & Remus’ opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph 10(d)(ii)(A) or improve the security position as contemplated in paragraph 10(d)(ii)(B). The Customer must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in Remy & Remus’ opinion Remy & Remus’ security position or obligations under or in connection with these terms and conditions have been or will be materially adversely affected, Remy & Remus may by further notice to the Customer cancel these terms and conditions. If this occurs, the Customer must pay to Remy & Remus any money owed to Remy & Remus by the Customer immediately.
11 Intellectual Property Rights
- The Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by Remy & Remus, or in some cases, a related body corporate or third party.
- These intellectual property rights are protected by Australian and international laws.
- You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation.
- You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of the Site, or commercialise, any information obtained from any part of the Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
- Unless specifically agreed in writing between Remy & Remus and the Customer, all Intellectual Property Rights in any works created by Remy & Remus vest in and remain the property of Remy & Remus.
- Subject to payment of all invoices due in respect of the Goods or Services, Remy & Remus grants to the Customer a perpetual, non-exclusive licence to use the works created or produced by Remy & Remus in connection with the provision of Goods or Services under these terms and conditions for the purposes contemplated by the Order.
12 Agency and Assignment
- The Customer agrees that Remy & Remus may at any time appoint or engage an agent to perform an obligation of Remy & Remus arising out of or pursuant to these terms and conditions.
- Remy & Remus has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms and conditions provided that the assignee agrees to assume any duties and obligations of Remy & Remus owed to the Customer under these terms and conditions.
- The Customer is not to assign, or purport to assign, any of its obligations or rights under these terms and conditions without the prior written consent of Remy & Remus.
- A cookie is a piece of text from a web server to your computer, and is used to identify you only by a random number. This information does not personally identify you, but it does tell us that your computer has visited our website and what areas of the website you have browsed.
14 Secure Data
- Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately by email.
- Remy & Remus does not guarantee that the Site is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to the Site will be uninterrupted, error free or that any defects will be corrected.
- You are responsible for scanning any information for viruses. To the fullest extent permitted by law, Remy & Remus disclaims all liability for any errors, omissions, faults, interference or damage to your own computer system which arises in connection with your use of the Site or any linked website.
16 Other Websites
- The Site may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this Site without written permission.
- Illustrations on this Site are for purchasing guidelines only. Manufacturing changes can result in variations to illustrations. All measurements and capacities are approximate and can vary due to manufacturing changes.
- Remy & Remus makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in the Site or to its availability, functionality or performance, except as otherwise provided under any applicable law. The Customer expressly agrees that the use of the Site is at the customers sole risk.
- The Customer expressly agrees that use of the Goods and Services is at the Customer’s risk. To the full extent permitted by law, Remy & Remus’ liability for breach of any term implied into these terms and conditions by any law is excluded.
- All transactions relating to Goods and Services are subject to any guarantees under the Australian Consumer Law; small deviations or slight variations from them which do not substantially affect the Customer’s use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
- Remy & Remus gives no warranty in relation to the Services provided or supplied. Under no circumstances is Remy & Remus or any of its agents and employees are liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
- any Goods or Services supplied to the Customer;
- any delay in supply of the Goods or Services; or
- any failure to supply the Goods or Services.
- Any advice, recommendation, information, assistance or service given by Remy & Remus in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. Remy & Remus does not accept any liability or responsibility for any Loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.
- To the fullest extent permitted by law, Remy & Remus is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or Services, whether based on the terms and conditions, negligence, strict liability or otherwise, even if Remy & Remus has been advised of the possibility of damages.
- The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, Remy & Remus’ liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.
- It is the responsibility of the Customer to pay for any customs charges, duties or tariffs for their destination country and Remy & Remus is not responsible for any such charges.
18 Changes to the Terms and Conditions
- To the full extent permitted by law, we reserve the right to change any of the terms contained in these terms and conditions at any time.
- If you have an Order that has been accepted by us, the terms and conditions that will apply to that Order are the terms and conditions that applied at the time you placed your Order. We cannot vary the terms and conditions which apply to a given Order after that Order is accepted by us.
- When any of the terms and conditions are altered, we will publish the amended terms on the Site or will otherwise notify you of the change. It is your responsibility to check the Site and your emails for changes to the terms and conditions from time to time. Your continued use of the Site following such notification will represent an agreement by you to be bound by the amended terms.
19 Privacy and Confidentiality
- When you provide us with personal details (including but not limited to) your name and contact details, the information will be used as permitted by you and only for legitimate business reasons and in accordance with the law.
- So that we can fulfil your Order and provide Goods and Services to you, we may ask for personal details such as your name, address, telephone number, email address, merchandise information (purchases, orders etc.), method of payment, and/or your preferences.
- Generally, you have no obligation to provide any information requested by us however, if you choose to withhold the requested information, we may not be able to provide you with the Goods and Services that depend on the collection of that information.
- We may also use your personal information in other ways to provide you with improved and enhanced Goods and Services. This may include using your personal information to advise you of new products and services.
- The Customer indemnifies and keeps indemnified Remy & Remus, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against Remy & Remus or, for which Remy & Remus is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these terms and conditions.
- This includes, but is not limited to, any legal costs incurred by Remy & Remus in relation to meeting any claim or demand or any party/party legal costs for which Remy & Remus is liable in connection with any such claim or demand.
21 ‘Demand or any party/party legal costs’
- This provision remains in force after the termination of these terms of trade.
22 Force Majeure
- If circumstances beyond Remy & Remus’ control prevent or hinder its provision of the Goods or Services, Remy & Remus is free from any obligation to provide the Goods or Services while those circumstances continue. Remy & Remus may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
- Circumstances beyond Remy & Remus’ control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
- From time to time competitions and promotions (“Competitions”) may be posted on the Site. We shall publish the relevant terms and conditions of the Competitions. Please ensure you read the terms and conditions of a Competition before you enter into a Competition.
24 Dispute Resolution
- If you have reason to believe that an error has occurred in relation to your Order, or for any complaints and disputes, please send an email to firstname.lastname@example.org.
- If a dispute arises between the Customer and Remy & Remus, the following procedure applies:
- A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this clause.
- A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
- A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
- If a dispute is notified, the dispute must immediately be referred to the parties’ respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within twenty one (21) Business Days (or other period as agreed).
- Notwithstanding the existence of a dispute, each party must continue to perform its obligations under these terms and conditions.
- The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
- These terms and conditions are governed by the laws of the state of New South Wales, Australia and the Customer irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales Australia.
- These terms and conditions and any Quotes and written variations agreed to in writing by Remy & Remus represent the whole agreement between the parties relating to the subject matter of these terms.
- These terms and conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.
- In entering into these terms and conditions, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by Remy & Remus or any of its employees or agents relating to or in connection with the subject matter of these terms and conditions.
- If any provision of these terms and conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
- A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
- A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote/Invoice (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote/invoice; sent by fax to the fax number of the addressee specified in the relevant Quote/Invoice, with acknowledgment of receipt from the facsimile machine of the addressee or sent by email to the email address of the addressee specified in the relevant Quote/Invoice with acknowledgement of delivery.
- A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.