Terms of service

Introduction

The following Website Terms of Use govern the use of this website and the Terms of Sale, together with any documents referred to therein, outline the legal responsibilities and obligations that shall exist between you and the brand Roarsome. Stocks Solutions Australia Pty Ltd are the authorised Australian distributor and operator of the Roarsome brand.

By placing an order on this website, you are deemed to have read and agreed to these Terms. If you have any questions, please email roar@roarsome.com.au

Disclaimer, accuracy of information and availability of the Site

We may update the Site from time to time, and may change the content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.

We make no representations, warranties or guarantees, whether express or implied, that the information on the Site is accurate, complete or up-to-date.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.

Access to the Site is permitted by us in our sole and ultimate discretion. We may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Hyperlinks and third-party sites

The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.

Your use of a third-party site may be governed by the terms and conditions of that third-party site. It is your responsibility to ensure you are happy with such third-party terms and conditions.

You may link to the Site from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Ownership and use of your data

You are solely responsible for the accuracy and reliability of any data entered or uploaded to the Site by you while using our services (“your Data”).

You retain ownership of your Data and all rights therein. Nothing in these terms and conditions grants us, or transfers to us, any legal rights in your Data other than as necessary for us to process your Data in accordance with our terms and conditions, for example to provide you with access to the Site and any services made available through it. Subject to the clause below, we will only use your Data for these purposes.

We reserve the right to disclose your Data to law enforcement officials as a result of alleged unlawful activities.

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable. While we value your feedback, you agree not to submit any such information.

Ownership and use of intellectual property rights

References in these terms of use to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case:

whether registered or not;

including any applications to protect or register such rights;

including all renewals and extensions of such rights or applications;

whether vested, contingent or future; and

wherever in the world they exist.

This Site and all Intellectual Property Rights in it are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these Terms of Use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

Nothing in the Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.

If you copy, download or otherwise use any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

Subject to clause 11.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.

Subject to clause 11.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site, or with reliance on any content displayed on the Site. We will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

Data Protection

You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law. Information about how we collect and process user data is set out in our privacy and cookie policy at https://www.roarsome.com.au

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us under these terms of use please contact us as soon as possible by sending an email to roar@roarsome.com.au

If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you, and give you certain information required by law about the options available to you.

Applicable Law

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by the law of Australia. 

Summary of some of your key rights

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. 

You are entitled to a replacement or refund for a major fault. You are also entitled to have goods repaired or replaced if they fail to meet acceptable quality  and the failure does not represent a major failure;

Products must be of acceptable quality, fit for purpose and match the description provided.

Your rights under Australian Consumer Law apply in addition to any rights provided under our Returns and Exchanges Policy.

We are not required to provide a refund or replacement where you simply change your mind, although we may offer change of mind returns or exchanges in accordance with our Returns and Exchanges Policy.

Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. 

The information is not intended to replace the contract below which you should read carefully.

Introduction to Terms of Sale

If you buy goods on our Site you agree to be legally bound by these Terms.

When buying any goods you also agree to be legally bound by our Terms of Use, the Terms of Sale and any documents referred to in them (together, the “Terms”).

These Terms are only available in English. No other languages will apply to these Terms

These documents form part of this contract as though set out in full here.

Placing an Order

Below we set out how a legally binding contract between you and us is made.

When placing an order on the Site you undertake that any and all

information given

is accurate and complete.

Please read and check your order carefully before submitting it. However, if you need to correct your order or delivery address, please contact us immediately. We will do our best to make amendments prior to dispatch, but we cannot guarantee changes can be made once an order is processed.

All orders are subject to acceptance and product availability. Availability information for products is listed on each individual product description.

Once you have placed an order we will send you an email that confirms payment has been processed and that your order has been received, at which point a contract (that will be subject to these Terms) will come into existence between you and us (the “Confirmation Email”).  

We may contact you to say that we do not accept your order. This is typically for the following reasons:

the goods are unavailable;

we cannot authorise your payment;

you are not allowed to buy the goods from us;

we are not allowed to sell the goods to you;

you have ordered too many goods; or

there has been a mistake on the pricing or description of the goods.

A separate email will be sent to you confirming the dispatch of the item(s).

If you place an order for an item that is on pre-order, your credit/debit card will be charged at this point for the full value of the goods.

The dispatch dates shown on pre-order items are as accurate as we can and are updated regularly; however, until those items are with our warehouse dates are subject to change.

Prices and availability of goods are subject to change without notice. The advertised delivery charge will be added to your order value unless otherwise stated.

Payment & Taxes

We accept online payment in a secure environment by credit card or debit card.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

Your credit card or debit card will only be charged once your order has been placed.

Promotions

Unless otherwise stated, special offers cannot be used in conjunction with any other promotion nor are they valid for the purchase of sale items or gift vouchers.

If a promotion is valid only for orders over a certain amount, that amount does not include delivery.

Promotion codes cannot be added into an order retrospectively.

Delivery

Stock permitting, all orders are usually dispatched within 24 hours of the order being accepted.

In the event that an item is temporarily out of stock, we will notify you of the delay and dispatch it as soon as it arrives.

We use Australia Post to deliver our goods.

If something happens which:

is outside of our control; and

affects the estimated date of delivery;

we will let you have a revised estimated date for delivery of the goods.

Unless you and we agree

otherwise,

if we cannot deliver your goods within thirty (30) days, we will:

let you know;

cancel your order; and

give you a refund.

If nobody is available to take delivery, please contact us using the contact details at the top of this page.

You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

The estimated date and time window for delivery of the goods is set out in the Confirmation Email. The delivery period stated within which you will receive your order is indicative and, unless otherwise stated, not guaranteed.

Goods will be sent to the address given by you in your order. Delivery of the goods will take place when we deliver them to the address that you gave to us.

If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock. In this case, you will only pay a single delivery charge.

Returns and Change of Mind

We offer change-of-mind returns in accordance with our Returns Policy. Eligible items may be returned within 30 days of receipt, subject to the conditions set out in that policy.

For faulty, damaged, or incorrectly supplied goods, you may have rights and remedies under applicable consumer laws in Australia or New Zealand. Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, restricted, or modified.

Please refer to our Returns Policy for further information regarding returns, refunds, and eligibility.