Terms & Conditions

RK GLOBAL PTY LTD

TERMS AND CONDITIONS

RETAIL SALES

1. General

(a) These Terms and Conditions apply and are incorporated to each contract for the supply of goods (hereinafter “goods”) and/or services (hereinafter “services”) from RK Global Pty Ltd (A.C.N 160 797 893), www.rumani.com.au to any customer (“Customer”).

(b) Rumani are trading names for RK Global Pty Ltd.

(c) A contract for the supply and purchase of goods and/or services (“Contract”) will be formed on these Terms and Conditions immediately when a Customer requests the supply of goods and/or services (whether verbally, online, in writing or through any other means of communication) and RK Global confirms the order by: (i) agreeing to supply the goods and/or services (whether verbally, online, in writing or through any other means of communication) or (ii) providing the goods and/or services to the Customer.

2. Orders

(a) (i) Customers will place their Orders for goods on the RK Global website by creating an account and registering as a Customer of RK Global. (ii) To be able to register as a Customer of RK Global, Customers will be required to provide personal details such as their name, valid billing and delivery addresses, a valid email address and telephone number(s). (iii) All Customer information will be treated with care in line with the RK Global Privacy Policy, available on the RK Global website or by request.

(b) Upon registering an account with RK Global, Customers will be given an RK Global username and password which they can use to access their account on the website for the purposes of ordering in the future.

(c) It is the Customer’s responsibility to keep their RK Global account details, including their username and password, confidential and safe, and all liability for purchases using that account, username and password rests with the Customer.

(d) Should a Customer’s RK Global username and password be compromised or disclosed, it is the Customer’s responsibility to contact RK Global immediately.

(e) RK Global reserves the right to revoke a Customer’s RK Global username and password at their sole discretion without notice and for any reason whatsoever.

(f) Following registration and creation of their account, Customers will complete and submit their Order online through their RK Global account.

(g) RK Global reserves the right to refuse any Order on any grounds whatsoever. Should this occur, RK Global will notify the Customer as soon as practicably possible and provide a refund of any monies previously paid.

3. Payment

(a) Orders must be paid for by Customers at the time of ordering, including any and all delivery, postage or freight charges, taxes and fees, otherwise the Order will not be processed nor the goods despatched.

(b) Methods of payment of Orders accepted by RK Global are direct deposit via internet banking transfer, credit card payment such as Visa or MasterCard and PayPal.

(c) Orders will only be processed and goods despatched by RK Global following payment being received as clear funds in RK Global’s nominated bank account (“Payment Acceptance”).

(d) The Customer must pay to RK Global any costs, expenses or losses incurred by RK Global as a result of the Customer's failure

to pay all amounts due to RK Global including, without limitation, any debt collection and legal costs incurred on a full indemnity basis.

(e) If the Customer fails to pay RK Global in full on or before the due date for payment, Rk Global may: (i) charge interest at a rate of 3% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983 (Vic) on overdue amounts; and (ii) suspend any further deliveries of goods and/or provision of services to the Customer or terminate any contract in relation to undelivered goods or services to be provided.

4. Delivery

(a) (i) Customers acknowledge that, unless otherwise stated by RK Global from time to time, all delivery and freight charges will be at the Customer’s expense, with such freight and delivery charges, including any handling charges where necessary, to be additional to the advertised purchase price of any Goods. (ii) Delivery will be performed by either Australia Post or an RK Global selected courier service (the “Delivery Service”), such decision to be at RK Global’s sole discretion and as RK Global considers the most appropriate means of delivery following consideration of the goods and delivery address. (iii) Delivery Charges will include costs for freight, transport, packaging and handling, labour, pick-up and delivery. (iv) Customers will be notified at the time of payment of their Order as to the Delivery Service for their goods, with Delivery Charges payable at time of ordering.

(b) RK Global reserves the right to offer Customers “Free Delivery” or “Flat Rate Delivery” options from time to time at their sole discretion.

(c) (i) Customers acknowledge that Post Office Boxes (PO Boxes) are not acceptable addresses for the purpose of delivery of goods. (ii) Customers must provide RK Global with a valid street address for delivery of goods. Where a Customer’s home address is not a suitable place for delivery due to it being unoccupied during business hours, RK Global recommends Customers nominate their work address for delivery of goods.

(d) Subject to stock availability, delivery times are within 3 – 10 business days of Payment Acceptance (“Delivery Schedule”).

(e) The Delivery Schedule is subject also to the schedules of Australia Post and/or the selected courier service, and the Customer acknowledges RK Global has no control over these Delivery Services.

(f) (i) The risk in any goods supplied to or sold to a Customer passes to the Customer when the goods leave RK Global’s premises for delivery to the Customer. Customers will hold RK Global free from any and all liability for goods lost or damaged in transit. (ii) Responsibility for accuracy of address provided rests with the Customer.

(g) Customers acknowledge that where they require insurance for the protection of the goods whilst in transit, it is the Customer’s responsibility to secure such insurance. Customers undertake and agree to hold RK Global free of any and all liability for damage to goods or loss of goods once such goods have left RK Global premises.

(h) RK Global will make all reasonable efforts to have goods delivered and/or services provided to the Customer on the date(s) agreed between the parties, however if for any reason delivery is not made or the service is not provided on the agreed dates, then, subject to any law to the contrary:- (i) RK Global will not be liable to the Customer; and (ii) the Customer will not be entitled to cancel any Contract as a consequence of RK Global’s failure to deliver the goods and/or services on the agreed date(s).

(i) (i) Immediately upon receipt of goods and prior to signing the delivery docket provided by the Delivery Service, Customers are required to count the number of boxes of stock delivered and reconcile the goods with the delivery docket. (ii) Where deliveries are later found to be missing boxes (“Short Deliveries”), and the Customer has already signed the delivery docket, the Customer shall have no claim whatsoever against the Delivery Service or RK Global or any other party for any claimed missing stock. (iii) If Customers unpack the boxes and discover product missing (“Product Missing”), they must advise RK Global in writing by email within three (3) business days or they shall have no claim whatsoever against the Delivery Service or RK Global or any other party for any claimed missing stock.

5. Statutory Disclosure

(a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6. Returns Policy

(a) (i) Should a Customer seek to return goods to RK Global, they must in the first instance contact RK Global (“Returned Good”) within 72 hours of receipt of the goods on phone number 0433 644 963 or by email to rkbrands@live.com to discuss the goods and reason for return. (ii) If accepted by RK Global, Customers are to return the Returned Good according to RK Global instructions within 14 days and at the Customers sole expense, unless otherwise negotiated with RK Global. (iii) Returned Goods are to be in original condition, free from damage, unused and with original packaging and labels intact. (iv) If required by RK Global, proof of purchase is to be provided by the Customer.

(b) (i) RK Global will not accept goods returned due to change of mind or incorrect selection of goods by Customer. (ii) Where a Customer has miscalculated the size of a product, the Customer must contact RK Global to discuss an exchange of the unused good for the correct size, with delivery costs to be at the Customer’s sole expense.

(c) Unless otherwise expressly agreed to by RK Global, all return delivery costs are at the Customer’s expense and RK Global will not accept goods returned via Cash On Delivery (otherwise known as C.O.D.).

(d) Returned Goods must be in original clean and unused condition, with original packaging and labels, and free of dirt, dampness, pet hair, damage, wear and tear, or manure.

(e) RK Global Size Guidelines

RK Global expect the following:

  • Customers will inspect goods carefully upon receipt and before use for correct size and fit.

  • When items are fitted for the first time, and found to be the incorrect size, Customers are responsible for immediately contacting RK Global to arrange an exchange of the undamaged and unused item for the correct size.

  • Customers are required to refer to our “How to Fit” guidelines upon placing their Order so as to best maximise the chance of a perfect fit.

7. Exchange Policy

(a) Where goods received by the Customer are found to be damaged or exhibiting a manufacturer’s fault or visible defect (“Defective Goods”), Customers are to contact RK Global within 72 hours of receipt on phone number 0433 644 963 or by email to rkbrands@live.com to discuss the exchange of the goods and resupply with a replacement item.

(b) (i) Goods will not be accepted for exchange without the prior approval of RK Global. (ii) Defective Goods are to be in original condition, unused and returned with original packaging and labels. (iii) If required by RK Global, proof of purchase is to be provided by the Customer. (iv) Unless otherwise expressly agreed to by RK Global, all delivery costs are at the Customer’s expense and RK Global will not accept goods returned via Cash On Delivery (otherwise known as C.O.D.). (v) Defective Goods must be returned to RK Global within fourteen (14) days of original receipt.

8. Warranty

(a) RK Global acknowledges that there are certain laws which imply terms, conditions, warranties and guarantees into agreements for provision of goods and/or services (“Prescribed Terms”) including under the Australian Consumer Law (“ACL”) and which laws prohibit exclusion, restriction or modification of such Prescribed Terms or the limitation of the liability of the supplier of the goods and/or services for a breach thereof. Except for the Prescribed Terms RK Global excludes all other conditions and warranties implied by custom, the general law or statute. However, to the extent permissible by law, if a Claim is made under the Prescribed Terms, where the goods and/or services are not those of a kind ordinarily acquired for personal, domestic, or household use or consumption as defined in the ACL (non-personal or domestic use or “Non-PDH”) the liability of RK Global for any Claim or for a breach of the Prescribed Terms (other than a breach of sections 51, 52 or 53 of the ACL) will be limited, at the option of RK Global, to the following Agreed Remedies: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; (iv) the payment of the cost of having the goods repaired. (b) in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again. If the goods or services are Non-PDH goods or services, the purchase price for which is more than $40,000 (or such other amount specified in or prescribed under section 3 of the ACL) or the ACL does not apply to the purchase of the goods or services, then (to the extent permitted by law) then all other warranties or guarantees (whether express or implied) are excluded.

9. Liability

(a) To the extent permissible by law, RK Global shall not be responsible for any defects in goods or any Claim(s) made by a Customer where: (i) the goods have not been used, fitted, applied or installed in accordance with the original manufacturer’s instructions or in accordance with any instructions provided by RK Global; (ii) there are unpaid monies owing to RK Global by the Customer in connection with the goods and/or services; (iii) a defect has arisen for reasons other than defective parts or workmanship – including, but not limited to, defects arising from accidents, misuse, incorrect, improper or inappropriate operation of the goods, water damage, tampering, physical damage, negligence or damage caused by a modification from manufacturer’s specifications; (iv) there has been removal, dismantling, alteration, tampering or attempted repair of any component or goods.

(b) To the extent permissible by the law, in no circumstances will RK Global be liable to the Customer or others for any Claims, including for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of income, loss of business opportunity, loss of revenue, loss of profits, any labour costs, injury or damage or death to persons or property. In these Terms and Conditions “Claim(s)” means any and all claims arising from or in relation to the supply of any goods and/or services by RK Global to the Customer howsoever caused, whether wilfully or otherwise and whether for fundamental or non-fundamental breach of contract, in tort (including negligence) or for breach of any statutory provision.

10. Indemnity

(a) To the extent permissible by law, RK Global shall not be liable for and the Customer shall indemnify and hold RK Global harmless against any Claim, including for loss, damage, injury or death to any person or property directly or indirectly occasioned by or arising from the use or operation or possession of the goods or any part of the goods or from the negligence, recklessness or wilful default (including the use of any part of the goods or any other goods supplied by RK Global otherwise than in accordance with the recommendations or specifications of the original manufacturer or any special instructions supplied by RK Global) or misuse by or on the part of the Customer or any other person other than RK Global service personnel and this indemnity shall extend to any costs and expenses incurred by RK Global.

(b) Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the rights provided under the ACL (as amended), or similar consumer protection law, where it would be illegal to do so.

11. General

(a) Customers are referred to the terms and conditions of the RK Global Privacy Policy and Terms and Conditions of Website Use.

(b) All intellectual property vested in goods and services of RK Global, including designs, copyrights, patents or any other form, unless otherwise stated, is owned by or licensed to RK Global (“intellectual property”) and RK Global has the exclusive right to use its intellectual property (“intellectual property rights”).

(c) This Agreement and all contracts made between RK Global and the Customer are made in the State of Victoria and the parties agree to submit all disputes arising between them to the courts of Victoria.

(d) These Terms and Conditions may only be varied with the written consent of a current director of RK Global.

(e) If any term or part of a term of these Terms and Conditions is illegal or unenforceable it may be severed from these Terms and Conditions and the remaining terms or parts will continue in force.

(f) Save for the Prescribed Terms, this document contains and represents the entire agreement between RK Global and the Customer (and supersedes and excludes all prior and other discussions and representations and arrangements relating to the goods and/or services).

©RK GLOBAL 2013