Terms and Conditions

OVERVIEW

This website is operated by Santo and Rini Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Santo and Rini Pty Ltd. Santo and Rini Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

At present, we only sell and deliver products within Australia.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You must only use the site through the interfaces provided by us and in accordance with these terms and any applicable law.

You must only use the site for personal purposes unless otherwise agreed by us in writing.

We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).

We do not warrant that the site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - INFORMATION ON THIS SITE

 You agree to make your own enquiries to assess the suitability of products or services before you order the products or services.

Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the site. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Except where we state otherwise on the site, the prices of products, delivery and other charges shown are in Australian dollars.

Prices for our products are subject to change without notice.

We reserve the right to amend any pricing mistakes displayed. We will notify you of any pricing mistakes and you may elect to not purchase where the price has been corrected.

All payments must be received in full prior to dispatch of products. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

Unless we expressly agree to the contrary in writing, a discount/promo code is only valid for a single transaction and may not be used in conjunction with any other discounts. Unless we expressly agree to the contrary in writing, discount/promo codes are personal to the individual to which they are issued and cannot be transferred or sold. Discount/promo codes are subject to the terms disclosed in connection with their issue. We reserve the right to cancel any or all discount/promo codes at any time if we suspect error, fraud or any other abuse of the discount/promo codes is occurring.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

To the extent permitted by law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

To the extent permitted by law, we reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. To the extent permitted by law, we reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time

SECTION 6 - USER NAMES & PASSWORDS

You are responsible for keeping your user name and password safe and secure, and you are liable if your account is misused by an unauthorised person.

SECTION 7 - ORDERS & ACCURACY OF BILLING AND ACCOUNT INFORMATION

You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.

The promotion of products or services on the site does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges)

We reserve the right to accept or reject your order for any reason including where your order cannot be shipped, the products are unavailable, there is an error in the price or product description on the site, there is an error in your order or where we believe there may be a credit card or payment related fraud (detected prior to the products being shipped). In addition, we reserve the right to notify you that products for which you placed orders have become unavailable. Your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.

Products sold on this site are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.

Each order placed by you through this site that we accept forms a separate binding agreement between you and us for the supply of the relevant products.

To the extent permitted by law, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.

In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8 - SHIPPING AND DELIVERY

At present, we only sell and deliver products within Australia.

Subject to this Agreement, products will be supplied as shown on your order confirmation, which will be provided to you by email.

We use a secure private courier service to get your orders delivered to you, with tracking details available upon request.

Shipping rates are as follows:

  • $10 flat rate per order, for orders under $300;
  • FREE SHIPPING for each order that is over $300.

We use our best endeavours to dispatch orders within 2 business days from the date of order and our delivery providers are generally able to meet the following delivery timeframes:

  • delivery to major cities and metropolitan areas: 1-3 business days;
  • delivery to regional/remote areas: may take up to 12 business days.

Please note that from time to time, particularly during busy periods, our shipping service providers may suffer delays.

Unless we have accepted an alternative delivery method in writing, you are responsible for ensuring you or an authorised person is available to accept delivery. Anyone at the delivery address who receives the goods shall be presumed by us to be authorised to receive the goods. If there is no one at the delivery address to receive the goods when they are delivered the goods will not be left at the delivery address. In this case, it may be possible in some cases to arrange for re-delivery at no extra charge and we will seek to help you with this where possible. However, please be aware that this is not always available and therefore an additional delivery fee may apply. A cancellation fee may also apply. We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames.

If the delivery address is invalid or incorrect, we’ll endeavour to contact you and may charge an additional delivery fee. A cancellation fee may also apply.

We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

SECTION 9 – RISK AND TITLE IN THE GOODS

Risk in the products passes to you upon delivery. Title in the products passes to you upon payment for the goods or upon delivery of the goods to you, whichever occurs later.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We welcome comments from users who feel that the content of any linked website is inappropriate.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 13 - INTELLECTUAL PROPERTY

All information, content, text, graphics, services and advertisements on this site ("Content") are Copyright ©2019 Santo & Rini Pty Ltd or its affiliates unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright, trade mark and other intellectual property laws. Content on this site published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this site (ie a "download" button") or expressly authorised in writing by us. Content offered to you via a "download" button may be downloaded for your own personal use only and shared with others for their own personal use. You must not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this site.

Strictly on the condition that you keep all Content intact and in the same form as presented on this site you may:

(a)       using an industry-standard web browser, download and view the Content for your personal, non-commercial use, or

(b)       if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use this site in any manner or for any purpose which is unlawful or in any manner which violates any right of ours or our affiliates or which is prohibited by this Agreement. Characters displayed on this site may be registered trade marks. The representations of such characters (whether registered separately as trade marks or not) are protected by international copyright law, and all unauthorised use is prohibited.

We reserve all intellectual property rights. Nothing in the Agreement gives you a right to use any of the content on this site except as expressly set out in this Agreement.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. To the extent permitted by law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order but prior to our acceptance).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

To the extent permitted by law, you agree that your use of, or inability to use, the service is at your sole risk.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet the requirements of a consumer guarantee under the Australian Consumer Law.

You should be aware that nothing in this Agreement seeks to exclude or limit any rights you may have, or responsibility we have, that is not permitted to be excluded or limited under the Australian Consumer Law.

Where permitted by law (and to the extent permitted by law):

(a)          The site is provided “as is” and we do not make any warranty or representation regarding the suitability of the site or any goods for any purpose;

(b)          our liability in relation to or connected with products or the supply of products is limited to the replacement of the products or paying for the cost of replacement of the products;

(c)          our liability in relation to or connected with services or the supply of services is limited to the resupply of services or paying the cost of resupplying the services;

(d)          we will not be liable for any incidental or consequential loss or damage including without limitation loss of revenue, loss of profits, loss of opportunity, loss or corruption of data, other economic loss and/or impairment of business reputation and associated loss or damage arising from or connected to this Agreement in contract, tort, under any statue or otherwise unless such loss arises due to our negligence;

(e)          we exclude all terms, warranties and conditions whether statutory or otherwise relating to the site or the subject matter of this Agreement.

Our liability for loss or damage of any kind arising out of this Agreement or the relationship established by this Agreement is reduced to the extent such loss or damage is caused or contributed to by you.

SECTION 18 - PROBLEMS WITH YOUR PRODUCTS – CONTACTING US

If you have a problem with your products, for example if you consider that your products are faulty or defective in some way, please contact us at hello@santoandrini.com.au. Please note that in order to assess the matter we may need to have the products returned to us for inspection, therefore please keep the products.

Where applicable we will be happy to provide a remedy in relation to your products.

Any applicable refunds will be issued using the payment method used for purchase or such other method as may be agreed.

SECTION 19 – CHANGE OF MIND RETURNS

We have no obligation to refund or exchange products for change of mind or errors you made in your order. Please note that change of mind returns are given at our absolute discretion.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Santo and Rini Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. You may stop using the Website or ordering at any time.

To the extent permitted by law, we may, acting reasonably, terminate or suspend this Agreement or terminate, suspend or limit your access to and use of this site at any time by providing notice to you, for example where you are in breach of this Agreement and there is an emergency, or the breach cannot be remedied, or you fail to remedy the breach within 10 days of us providing notice to you, or you are in breach of any applicable law.

 We may stop making the site or any part of it available without prior notice however in such an event orders that we have already accepted will not be affected and will be handled in accordance with the terms and conditions set out in this Agreement.

SECTION 23  WAIVER & ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@santoandrini.com.au.

 

Subscribe