Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions apply to your use of Rodile hair Restoration ABN 20 422 401 253  our website which can be found at rodilehairrestoration.com.au. By using the Website, you accept these terms and conditions and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, then you must not use the Website.

These terms and conditions also apply to the ordering, purchase and delivery of Products available for sale on the Website (Online Shop). The Online Shop is part of the Website. By placing an Order through the Online Shop, you accept these terms and conditions and agree to abide by these terms and conditions. If you do not agree to these terms and conditions, then you must not use the Online Shop.

We may modify these terms and conditions, without providing notice to you, by posting an updated version of the terms and conditions on the Website. Any modifications become effective when they are first published on the Website and only apply to use of the Website after these terms and conditions have been modified. If you have agreed to receive communications from us via email, we may notify you of modifications to the terms and conditions via the email address which you gave us to receive email communications from us. If these terms and conditions are amended, then your continued use of the Website constitutes acceptance of the updated terms and conditions. We recommend that you regularly check these terms and conditions for any amendments.

If you do not understand these terms and conditions or if you have any questions, please contact us on 0456 931 258 or email us at info@rodilehairrestoration.com.au , and one of our representatives will be happy to assist you.

You should BE AWARE OF SEVERAL key terms

These terms and conditions form an agreement between you and us.  These terms and conditions apply to use of Website (including the Online Shop).  In this summary we outline some of the key terms that apply to you.  This summary is designed to assist you by disclosing certain terms that affect you.  However, it is not a substitute for reading and understanding the terms and conditions.  Please contact us if you have any questions.

Limitations of our liability

Our liability to you and certain third parties is limited under the terms and conditions and our liability for certain types of Loss is excluded.  These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Website, except where the Australian Consumer Law prohibits limitations and exclusions of liability.

Your liability and warranties

You acknowledge and agree that your access to, and use of, the Website is at your own risk.  Among your other obligations under the terms and conditions, you will be responsible and liable for: (a) use of the Website by any person who has access to your login details and password; (b) internet access, data download and other network charges arising from your use of the Website; and (c) the operation, maintenance and security of your Device.  

Personal information

We may collect and disclose personal information and data relating to you from your use of the Website in accordance with the Terms and legislation governing the collection, use and storage of personal information (including but not limited to the Privacy Act 1988 (Cth)).  

  1. 1. Definitions

Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

Business Day means any day other than a Saturday, Sunday, public holiday or bank holiday in ACT.

Consumer has the meaning given in section 3 of the Australian Consumer Law.

Consumer Guarantees has the meaning given in clause 18.1.

Delivery Address has the meaning given in clause 16.2.

Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection.

Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

Order means an offer made by you to purchase any Product available on the Online Shop.

Order Date has the meaning set out in clause 15.4.

Payment Partner means third party payment platform or gateway used and authorised by us to facilitate or process payments made by you on the Online Shop.

Product means any and all goods advertised, sold, distributed and promoted by us on the Online Shop.

User Account has the meaning given in clause 4.1.

  • Licence
    • All copyright and other intellectual property rights in the Website (including all trademarks appearing on the Website) are owned by us or our licensors.
  • Use of the Website
    • We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content, including to address security risks or other circumstances which may result in liability for us or other users of the Website.
  • 4. User Account 
    • 4.1  You may be able to register an account with us and use login details and a password to access the Website (User Account), and this clause 4 only applies if you choose to do so.
    • You must be at least 18 years of age to register a User Account. If you are under 18 you must be under the supervision of a parent or legal guardian who is at least 18 years of age.
    • We may decline to provide you login details or a password or to permit you to register login details or a password for the Website in our sole discretion if we consider, acting reasonably, that you pose a security risk or are not acting in compliance with your obligations under these terms and conditions.
    • You can update your User Account profile information at any time.  By creating a User Account, you agree to ensure your details are up to date at all relevant times.
  • Performance of the Website
    • We will use reasonable endeavours to generally make the Website available during our normal business hours. However, the availability of the Website depends on various third-party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:
      • you will be able to use the Website at any time; or
      • your use of the Website will be continuous, uninterrupted, secure or error-free.
  • Your website obligations
    • You must not use (or attempt to use) the Website:
      • for any unlawful or dishonest activity, or any activity prohibited by these terms and conditions;
      • to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
      • in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or
      • in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.
    • We may ask you to cease any conduct which we believe is contrary to your obligations under these terms and conditions, and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website for any reason, at our discretion.
  • 7. Liability
    • You acknowledge and agree that your access to, and use of, the Website is at your own risk.
    • To the extent permitted by law and subject to clause 18, we exclude from these terms and conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
    • To the extent permitted by law and subject to clause 18, we exclude all responsibility and liability arising from or in connection with your use of the Website, the Online Shop or the Products including, without limitation:
      • any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
      • any other Losses.
    • We will not be liable to you for any Loss which you or any third party may suffer as a result of any delay beyond our reasonable control in processing any refund or Online Shop credit, due to you under these terms and conditions.
  • 8. Privacy
    • 8.1 By interacting with our website (including placing an Order, creating a User Account or general browsing) you agree to us collecting, storing, using and disclosing your personal information in accordance with these terms and conditions.
    • When you use our website, we will collect the following kinds information in an aggregate, de-identified form, which will be used conduct data analysis to better understand how our customers access and use the Website, with a view to improving and personalising our customers’ experience:
      • the type of operating system or other software or firmware used by your Device;
      • the data you send and receive using the Website, and the type and quantity of that data;
      • dates and times of Website use; and
      • the IP and MAC address of your Device.

[We also collect personal information when you:

  • create a User Account (including your name, contact details, and communication preferences);
    • place an Order through the Online Shop (including payment details, Delivery Address, purchase history, and details of recipients for whom you purchase Products); and
    • communicate with us via our website (including your name and contact details, and feedback, inquiry or survey responses, as relevant).
    • If you do not provide the information we request or need, we may not be able to fulfill your Order, create a User Account for you or respond to your communication.
    • We will use and disclose the information we collect to:
      • process and deliver your Order including communicating with you in relation to your Order;
      • respond to complaints and inquiries;
      • investigate issues raised in relation to our products or services; and
      • send you communications about our products and services including advertising material, where you have consented to this (noting that you can opt out of receiving such communications at any time).
    • Personal information may be disclosed to suppliers, third party service providers, subcontractors, agents and professional advisors for the above purposes.
    • You can update your User Account profile information at any time.  By creating a User Account, you agree to ensure your details are up to date at all relevant times.
    • If you want to request access to or correction of your personal information, or make a privacy complaint, you can contact us by email at info@rodilehairrestoration.com.au.
  • 9. Third party links

The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

  1. Placing Order for Product
    1. You may order Product through the Online Shop either using your User Account, or as a guest.
    1. You may order Product by selecting and submitting your Order, through the Online Shop in accordance with the online order platform provided on the Online Shop and these terms and conditions.
    1. 10.3 We reserve the right to accept or reject any Order, or part of any Order, made by you on any reasonable grounds. We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order. We will notify you if your Order has been rejected either on the Online Shop or by using the email address you provide to us.
    1. We only accept Orders from customers located in Australia.
  2. Descriptions and availability of Product
    1. Descriptions of Product advertised, provided and made available on the Online Shop are subject to change at any time without notice. While we will use reasonable endeavours to do so, and subject to clause 18, we do not guarantee that the information contained on our Online Shop is always accurate and up-to-date.
    1. Please note that for display purposes, Product may have been featured with additional props, for example, Please refer to the Product description accompanying each Product. Unless something is listed in the Product description, it is not included in the purchase of Product.
    1. From time to time, we may provide recommendations for Product on the Website, for example, e.g. conditioner that matches shampoo]. These recommendations are a guide only. We will not be liable for any reliance you place on these recommendations. You  may not rely on our recommendations in order to request a refund or Online Shop credit.
    1. We reserve the right, in our sole discretion, to limit the amount of time a Product may remain in your shopping cart.
    1. We reserve the right to discontinue or suspend the sale of any Product on the Online Shop at any time, without notice to you. Subject to clause 17.7, we disclaim and exclude any liability resulting from the discontinuance or suspension of any Product.
    1. We reserve the right to cancel any promotion, discount, coupon or incentive before its stated expiry date at any time, without notice to you. Subject to clause 17.7, we disclaim and exclude any liability resulting from any such cancellation.
    1. We reserve the right to correct any errors to descriptions, pricing, and any other information related to a Product displayed on the Online Shop. Such changes will not apply to Orders that were accepted by us prior to the correction. Consistent with clause 12.3, we reserve the right to reject any Order, or part of any Order, on the basis of a pricing error displayed on the Online Shop, in which case we will provide a refund for the relevant Product via the payment method you originally used to pay for the Order.
  3. Price
    1. All prices displayed on the Online Shop are quoted in Australian Dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.
    1. Prices indicated on the Online Shop for each Product do not, unless otherwise expressly stated, include delivery charges. Delivery charges are shown at the checkout.
    1. All prices contained on the Online Shop are subject to change at our sole and absolute discretion without notice to you. However, you will only pay the price for Product which is identified on the Online Shop at the time of your Order.
  4. Payment
    1. Payment may be made by credit card, debit card or PayPal.
    1. We use Payment Partners to process payments made on the Online Shop.
    1. Payment of the full price of an Order (including applicable GST, other taxes and delivery charges) must be received by our relevant Payment Partner before we can accept your Order. If payment cannot be processed, your Order will be rejected and you will be notified of this on the Online Shop or to the email address you provide.
    1. 13.4 After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the total amount paid by you (Confirmation Email). The date of this Confirmation Email will be deemed to be the date of the Order (Order Date).
  5. Delivery
    1. We deliver Product ordered from the Online Shop within Australia only.
    1. 14.2 Product included in your Order will be shipped to the delivery address specified in your Order (Delivery Address). If you do not state the Delivery Address correctly, you will be liable for any extra charges incurred by us, for example, re-delivery fees.
    1. We will aim to ship Product included in your Order within 1 Business Days of the Order Date. However, you acknowledge and agree that Product may not be available for immediate delivery and we are unable to warrant that this time frame will always be met. We will not be liable for any Loss suffered by you or any third party, directly or indirectly, as a result of any delay in the delivery or change in delivery times of Product due to factors beyond our control.
    1. If we are unable to ship your Order for delivery to you within 2 Business Days of the Order Date, we will contact you using the email address you have provided to us.
    1. We deliver Product using Australian Post and once we have shipped your order, we will send you an email to confirm that the Product has been shipped, which may also contain the relevant tracking number.
    1. You may request changes to the Delivery Address by contacting us at info@rodilehairrestoration.com.au at least 24 hours before the scheduled shipping date specified in the Confirmation Email. However, you acknowledge that we may not be able to accommodate all change requests and we reserve the right to decide whether to allow the requested change to the Delivery Address.
    1. If your Order has been shipped and we are unable to make a requested change to the Delivery Address, we will not be responsible for any Loss suffered by you as a result of Product being delivered to the original Delivery Address you provided to us.
  6. 15. Order cancellations, refunds and returns
    1. The Returns process provided in this clause 17 is in addition to any further rights you may have under the Australian Consumer Law and subject always to clause 18. 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 (for example, the product is unsafe) and compensation for any other reasonably foreseeable loss or damage (for example, Product packaging is damaged but does not affect the safety or use of the Product). You are also entitled to have the goods repaired or replaced if the goods otherwise fail to meet a consumer guarantee in the Australian Consumer Law.
    1. 15.2 If you have made a mistake when placing your Order and wish to cancel it, please immediately email us at info@rodilehairrestoration.com.au. An Order cannot be cancelled once Product has been shipped. If your Order is successfully cancelled, we will provide you with an equivalent Online Shop credit. This Online Shop credit will be issued as a voucher code to the email you have provided to us and will be valid for 14 days from the date it is issued. 
    1. Please choose your Product carefully as, subject to clause 17.2, we will not provide a refund or Online Shop credit because you have changed your mind.
    1. 15.4 We always do our best to package Product appropriately to avoid any damage. If, however, the Product you have ordered arrives damaged or faulty, please email us images of the Product at info@rodilehairrestoration.com.au and provide evidence of the damage or fault. Subject to clause 17.5, if we are satisfied (acting reasonably) that you have provided reasonable evidence of the damage or fault, you may elect to receive either:
      1. Online Shop credit of the equivalent amount;
      1. a refund of the full amount; or
      1. a replacement of the Product (if available). If a replacement Product is not available, we will issue a full refund.
    1. 15.5 We may require Product to be returned via post before issuing you with a remedy under clause 17.4.  If we do so, we will ask you to mail the Product back to us. You will need to mail the Product at your own expense and we will reimburse you for your reasonable return postage costs. If we request this, you will only receive an Online Shop credit, refund, or replacement (if possible) once we have received Product.
    1. If Product is lost during shipment, we will ship a replacement (depending on the availability of the Product) 6 weeks after the date the Product was dispatched. For clarity, Product will not be considered to be lost during shipment if there is a considerable delay in delivery but package tracking indicates that the Product has not in fact been lost. If a replacement Product is not available, we will issue a full refund.
    1. 15.7 We will contact you to provide a full refund in respect of your Order if payment has been processed but we are unable to provide or otherwise deliver your selected Product for any reason.
  7. 16. Consumer Guarantees
    1. 16.1 Under the Australian Consumer Law (and similar legislation of Australian states and territories including the application of the Australian Consumer Law), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
    1. The operation of the Consumer Guarantees cannot be, and are not in these terms and conditions, excluded, restricted or modified, including guarantees that Product will be of acceptable quality.
  8. Warranties

You represent and warrant to us that:

  • all information supplied by you to us is true, accurate, complete and up to date;
    • if you are providing the personal information of another person, you have obtained consent from that other person to do so;
    • you are above the age of 18 and have capacity to enter into a contract of purchase;
    • you have read, understood and accepted all the terms and conditions before placing an Order with us; and
    • you are not acting in contravention of any law or regulations.
  • General
    • 18.1 Severability – If any part of these terms and conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining terms and conditions remain in force and constitute a binding agreement between you and us.
    • 18.2 Relationship between the parties – Nothing in these terms and conditions constitutes the parties as partners or joint ventures or agents for the other party or give rise to any other form of fiduciary relationship between the parties.
    • 18.3 No waiver – We do not waive a right, power or remedy in connection with these terms and conditions if we fail to exercise or delay in exercising the right, power or remedy.
    • 18.4 Entire agreement – These terms and conditions, and any other additional terms which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these terms and conditions and has no further effect.
    • 18.5 Force majeure – To the extent permitted by law and subject to clause 18, we will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of our reasonable control.
    • 18.6 Governing law – These terms and conditions are governed by the Canberra laws, Australia. You submit to the non-exclusive jurisdiction of the courts of Canberra, Australia and the courts having appeal from them.
  •  
    • 19.1 Dispute resolution – If you have any issue arising out of these terms and conditions or in relation to the Website, you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.