Terms & Conditions
GENERAL
i. Site Ownership: This web site is operated by SR Family Trust t/a Spencer & Rutherford ABN 29 263 262 375 (“Spencer & Rutherford”, “we”, “us”, “our”, etc). Head office: Ground Floor, 45 William Street, Melbourne, Victoria, 3000 Australia.
ii. Terms apply to our web site: Viewing and other use by any person (“you”, “your”, etc) of this site and the materials in it are subject to these terms and conditions.
iii. Purpose of our web site: The purpose of our web site is to promote, provide information about us and our products and sell our products online. Parts of our web site (“trade areas”) are reserved for the use of our authorised trading partners. Others (“media areas”) are reserved for the use of authorised media representatives. Trade areas and media areas are clearly identified.
iv. Trade marks: Some trade marks on our web site may be owned by third parties (such as any trade marked name of a stockist) and are used by permission. We own all other trade marks, registered or unregistered. Unauthorised use of any trade mark is prohibited.
v. Copyright: Some content on our web site may be copyright to third parties (such as a media article we may quote) and is used with permission. We own copyright in the whole of the rest of the site and the materials in it. You may not view, reproduce, adapt, distribute or otherwise use the site or any materials in it except as these terms expressly permit.
vi. Permitted use: You may view this web site in a web browser to learn about us and our products or to purchase goods online. You may only view a trade area if you are one of our authorised trading partners and have the access password. You may only view a media area if you are an authorised media representative and have the access password. You may save or print parts of our web site, as long as (a) you save or print complete pages (and not, for example, copies of graphics on their own) (b) you only use those pages for your own use. If a part of our web site offers the facility to communicate with us, you may do so for the purpose indicated (e.g. to register for our Divine Society of Glamour Devotees (DSGD), or general enquiries).
vii. Other permitted uses: Our web site may indicate some other specific use that is permitted. For instance, a trade area or a media area may contain product graphics that may be used in your own catalogue or a media publication. Such uses are subject to these terms and any specific conditions indicated on the site, and such materials always remain copyright to us.
viii. Confidential information: Some information on our web site may be confidential (e.g. wholesale pricing, or details of a forthcoming product or promotion, in a trade area). You must treat all information in a trade area as confidential and valuable to us, and you must not use or disclose it without our express or implied authority. You must never use such information to harm our commercial interests.
ix. Downloadable files: Our web site may invite you to download certain files (e.g. a product catalogue in Acrobat format). You may do so, but you must not (a) display or print those files in part only (b) remove or obscure any copyright notice on them or (c) alter them in any other way. These terms apply to such files even after they have been downloaded. As far as they can sensibly apply to printed material, they apply to print outs of such files.
x. Linking to our web site: You may not create a link to our web site from any other site without our prior written permission. Even then, you may only link directly to the home page at www.spencerandrutherford.com.au and not to any other page in our web site.
xi. Linking from our web site: If our web site includes any links to other web sites, they are for convenience only. We do not endorse, approve, sponsor or adopt the contents of any linked web site. We make no representation that any material on a linked web site is true, accurate or suitable, or that linked sites are free from viruses or other harmful computer code. You use those web sites entirely at your own risk.
xii. Secured areas: Some parts of our website, including trade areas and media areas, may be secured (e.g. by means of a password). You must not access or attempt to access such areas without our authority. If you have access, you must not permit or assist any unauthorised person to gain access. You must keep any password or other access information secret and confidential. You must tell us immediately if such information is disclosed.
xiii. Currency of material and information: We endeavour to keep this web site up to date but we do allow for delays or unforeseeable circumstances. All information, including any prices, on our web site are indicative only and must not be relied on unless we otherwise confirm them directly to you. We may change our web site at any time, without notice. We may terminate or suspend access to all or any part of our web site at any time, without notice or liability to you.
xiv. Nothing on our web site constitutes an offer or invitation to treat or a representation that any particular goods or services are or will be available. There will be no contract for the supply of goods or services unless you separately place an order using our approved ordering procedures, and we accept that order.
xv. Recommended retail prices and estimates of recommended retail prices: Our web site or a downloadable file may set out or refer to a recommended retail price for goods. In such a case, the price set out or referred to is a recommended price only and there is no obligation for anyone to comply with the recommendation.
Our web site or a downloadable file may set out or refer to an estimated recommended retail price for goods. Such a price represents our current estimate of the retail price we would recommend in a place, based on the information we currently have. It is for convenience only, and we accept no responsibility if it is inaccurate. To the extent that such an estimate may be taken to be a recommended retail price, it is a recommended price only and there is no obligation for anyone to comply with the recommendation.
xvi. Limitation of liability: Our web site and the materials and information in it are provided as-is, and without any kind of express or implied warranty.
We make no express or implied representation or warranty about the accuracy, currency, completeness, merchantability or fitness for purpose of any materials or information in our web site, and disclaim all such representations and warranties.
We make no express or implied representation or warranty that our web site is free from viruses, defects or errors. You are solely responsible for ensuring that your computer system can defend itself against any such things.
As far as the law permits, you release us and our servants and agents from any claim arising in any way from your viewing or use of our web site or any materials or information in it. We are not liable to you for any loss or damage arising out of your use or inability to use our web site. This limitation of liability extends, without limitation, to special, consequential, direct and indirect loss or damage and loss of income or profits, loss of information, business interruption and damage to property.
The law does not permit some liability to be excluded. In such cases, our liability is limited to the following:
- in the case of services we supply or offer — the supply by us of the services again; and
- in the case of goods we supply or offer – the replacement by us of the goods or the supply by us of equivalent goods or the repair by us of such goods – whichever we choose.
xvii. Applicable law: Our web site is operated from Victoria, Australia. Any legal action in relation to it must be taken in the courts of Victoria, Australia. Your use of our web site, and these terms, are subject to the laws of Victoria, Australia.
xviii. Foreign laws: Our web site may be viewed from jurisdictions other than Victoria, Australia. We do not represent that it complies with the laws of any other jurisdiction. If you view or use our web site from another jurisdiction, you are solely responsible for ensuring that your viewing and use are lawful in that jurisdiction.
xix. Amendments to these terms: Amendments to these terms take effect as soon as we publish them on our web site. You are responsible for ensuring that you are aware of their current contents.
1. INTERPRETATION
1.1 In these terms and conditions:
- “Account” means the personalised account created by you on the Website enabling the Order of Goods.
- “Agreement” means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).
- “Goods” means any products described in an Order and includes packaging.
- “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
- “Order” means a request submitted by you to purchase Goods from Spencer & Rutherford through the Website.
- “Website” means the internet site operated by Spencer & Rutherford.
2.1 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Spencer & Rutherford takes no responsibility for any such damage which may arise in connection with your use of the Website.
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Spencer & Rutherford will not be responsible for the content or privacy practices associated with linked web sites.
4.1 You must create an Account before placing an Order for Goods through the Website.
4.2 You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
4.3 You must notify Spencer & Rutherford immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.
5.1 Prices displayed on the Spencer & Rutherford website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
5.2 All pricing displayed on the Website is for online purchases only and may not be matched at any physical Spencer & Rutherford retail location.
5.3 All pricing displayed in any or all physical Spencer & Rutherford retail locations may not be matched by the Website.
5.4 You agree to pay the delivery charges specified at the time you submit your Order.
6.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and selecting the “PLACE ORDER ” button. Orders will be deemed to have been received by Spencer & Rutherford at the time Spencer & Rutherford sends an Order Confirmation/Tax Invoice to your nominated e-mail address.
6.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
6.3 Spencer & Rutherford will use its best endeavours to supply Orders placed through the Website, however Spencer & Rutherford reserves the right to cancel any Order without notice for any reason.
6.4 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Spencer & Rutherford accepts no responsibility.
7.1 You must provide your nominated credit card details during the purchase.
7.2 Upon selecting the “PLACE ORDER” button, you authorise Spencer & Rutherford to debit such amount from your nominated credit card.
7.3 If your nominated credit card is declined by your financial institution, Spencer & Rutherford will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
7.4 Spencer & Rutherford may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to Spencer & Rutherford.
8.1 Spencer & Rutherford will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order, however Spencer & Rutherford will not be liable to you or anyone else for any losses suffered or incurred due to any delay.
8.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
9.1 Other than in accordance with clause 10, Spencer & Rutherford will only accept the return of Goods that have been supplied incorrectly, or vary from their description on the Spencer & Rutherford website (please note that each bag has individually cut fabrics and trims and therefore will vary slightly from the product photographed. Spencer & Rutherford will not accept returns or exchanges on products under this circumstance as it is an integral part of the design and to the individuality of the brand).
9.2 If you have a return, please refer to the following for full details:
10.1 Spencer & Rutherford provides a warranty covering guarantee of craftsmanship for a period of six months from date of retail purchase, on all Spencer & Rutherford goods. Our warranty does not include the following:
- Trims such as feathers, beads, crystals, lace or delicate fabrics.
- Wear and tear.
- Damage resulting from carelessness.
- 9.1. Please read the following for full details:
11.1 Spencer & Rutherford may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is sent or such later date as specified in the notice
12.1 Spencer & Rutherford is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law, but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement. We gather personal information about you for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work which you have requested;
- improving and developing our products; and
- expanding our business.
13.1 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
13.2 A failure or delay by Spencer & Rutherford to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Spencer & Rutherford does not preclude its future exercise or the exercise of any other power or right.
13.3 This agreement is governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. Terms and Conditions finished.