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Terms and Conditions

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT THE ONLINE SALE OF GOODS BY ROGER DAVID STORES PTY LTD TO CONSUMERS.

Definitions of words and phrases used in these Terms and Conditions are set out at the end of this document. 

Up To 70% Off Sale

Up to 70% off applies only to selected styles. Prices as marked online. Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. 

40% Off Selected Suits

Prices as marked online. Instore discount will be taken off the marked price (excluding sale products and selected styles)

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. 

30% Off Selected Jackets

Prices as marked online. Instore discount will be taken off the marked price (excluding sale products and selected styles)

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. 

50% Off Everything*

Excludes Suits and Seperates jackets and Pants

Prices as marked online. Instore discount will be taken off the marked price.

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. 

40% Off Everything

Prices as marked online. Instore discount will be taken off the marked price (including sale products)

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. Excludes any tees in the 2 for $50 category.

45% Off Everything

To receive the full 45% off, customers must be subscribed to our mailing list and enter the promotional code (received at through email) at the checkout stage to receive an extra 5% off the marked price. Promotional code has one Use only.

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. 

40% Off Everything when you buy 2 or more

Prices will ajust at checkout stage. Instore discount will be taken off the marked price (including sale products)

Excludes laybys, clearance stores, gift cards and cannot be used in conjunction with any other offer. Only while stocks last. Excludes any tees in the 2 for $50 category.

Buy any two items, get the third item for free

 To qualify for this promotion, any two items must be purchased to receive a third item for free. You will receive the lowest value item for free.

 If your purchase qualifies for the promotion, the price will be automatically adjusted during the Check Out stage. Offer excludes any items in the category 2 for $50 basic tee’s. Offer excludes combined suits for online only. 

Excludes laybys,  gift cards and cannot be used in conjunction with any other offer. 

Buy two sale items, get the third sale item for free

To qualify for this promotion, any two items from the sale category must be purchase to receive a third sale item for free. You will receive the lowest value item for free.

If your purchase qualifies for the promotion, the price will be automatically adjusted during the Check Out stage. 

Buy one item, get the second item at half price

To qualify for this promotion, any two items from the same category must be purchased, and you will receive the lowest value item at half price. This offer excludes all accessories, jeans, stray jackets, leather, suit jackets, 2 for $30 each tees and any tees in the 2 for $50 category. 

If your purchase qualifies for the promotion, the price will be automatically adjusted during the Check Out stage.  

3 for $24.99 Socks                                                                                                                                             

Offer applies to selected socks only. Offer excludes multi-pack socks, sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select three items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $100 Jeans & Chinos                                                                                                                                             

Offer applies to selected jeans & chinos only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $50 Tees

Offer applies to selected tees only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $40 Basic Tees

Offer applies to basic tees only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $60 Long Sleeve Tees

Offer applies to selected long sleeve tees only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $90 Short Sleeve Shirts

Offer applies to selected short sleeve shirts only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $100 Long Sleeve Shirts

Offer applies to selected long sleeve shirts only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

2 for $100 Knits & Sweats

Offer applies to selected knits, sweats & hoodies only. Offer excludes sale items and gift cards. Offer available in-store in South Australia, Victoria & Tasmania and online at rogerdavid.com.au for a limited time only. When shopping online, simply select two items highlighted in the offer for the discount to be reflected at the checkout. Individual prices as marked. Cannot be used in conjunction with any other offer including subscription coupons and promo codes.

Welcome 30% off code

To qualify for this promotion you must be a new subscriber. Customers recieve 30% Off code to be used on their next purchase. Discount code applies to all full priced items purchased, but cannot be used in conjunction with any other offer; can only get one promotion at a time. This code will only be valid for 2 weeks (14 days) from receiving welcome email. Discount excludes sale items, suit hire, outstanding laybys, gift cards and cannot be used in clearance stores. Code cannot be used for a refund on the original purchase or any prior purchase. 

Free shirt with suit purchase

To qualify for this promotion you must purchase a full price suit in store or online to receive a free shirt to the value of $99.99. Customers will receive a code to enter at checkout to be used on your suit purchase. Discount code applies to only full priced suits and cannot be used in conjunction with any other offer or promotion. This code will only be valid for 7 days from receiving the email. Discount excludes sale items, suit hire, outstanding laybys, gift cards and cannot be used in clearance stores. Code cannot be used for a refund on the original purchase or any prior purchase. 

Suit, Shirt and Tie for $450

To qualify for this promotion you must have a suit, shirt and tie added to your cart. This offer only applies to selected styles. Prices will adjust at checkout stage. Excludes laybys and cannot be used in conjunction with any other offer.  

Gift Cards 

Please note that in store gift cards are not redeemable in our online store and online gift vouchers or codes are not redeemable in our physical stores. We are unable to switch between online and instore gift vouchers.
Both in store Gift vouchers and Online gift cards are only valid for 12 months.We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.       From time to time, online gift vouchers may get caught in your spam filters so please check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, and the capacity of the recipient’s mailbox or any other factors outside of our control.

Items purchased using Afterpay or PayPal payment types

If you have paid for your online purchase using Afterpay or PayPal, and you would like to return any of your product/s for a refund, for security reasons these product/s will need to be returned to our online distribution centre. Unfortunately orders which have been placed using Afterpay and PayPal cannot be refunded from any of our Roger David stores. 

 

1. GENERAL

This Agreement applies to the sale of goods by Roger David to You on the Website.  Your rights under this Agreement are in addition to and do not in any way limit your rights under the Australian Consumer Law which may not be lawfully excluded.  All other terms, conditions, guarantees and liabilities which are not expressly included in the Agreement are excluded.


2. USE OF WEBSITE 

2.1 Provider of Website

2.1.1 This Website is provided by Roger David (in these terms and conditions referred to as Roger David, We and Us).

2.2 Use of Site 

2.2.1Your viewing and use of the Website is governed by and subject to Your consent to the terms and conditions of this Agreement.

2.2.2By: 

2.2.2.1purchasing items on the Website; or

2.2.2.2using the Website;

or attempting to do either of those things, you irrevocably agree to be bound by these Terms and Conditions, which form a legally binding contract between You and Us.

3. TERMS OF PAYMENT

3.1 Prices

Roger David will determine the price of all goods available for purchase on the Website.  Prices listed on the Website will include GST. 

3.2 Terms of Payment

Invoices will be paid by You at the time of sale.  Roger David will not ship goods to you if they are not paid for at the time of sale.

3.3 Title to Goods

Title to goods purchased by you on the Website shall remain with Roger David until Roger David receives full payment of the amount owed for the goods you Purchase.  

4. REFUNDS

4.1 Refund Policy (for non-defective goods)

4.2 Non-sale items

4.2.1 Roger David will exchange or refund a non-sale item purchased on the Website if you change your mind, if:

4.2.1.1 You return the item to Roger David at the address specified on the Website within 21 days from the date of purchase;

4.2.1.2 the item is unworn and is in its original condition, with labels and tickets attached; and

4.2.2 You provide to Roger David the original receipt.

4.3 Sale items

Roger David may, at its discretion, exchange sale items on the same conditions as set out at paragraph 4.2.1.  Roger David will not refund sale items.

4.4 Your Rights to a Refund (for defective goods)

4.5 You are entitled to a refund if the goods you purchase on the Website are:

4.5.1faulty; or

4.5.2not of acceptable quality; or

4.5.3not fit for any disclosed purpose; and

You return the item to Roger David within 21 days after purchase, together with proof of purchase.  Acceptable forms of proof of purchase are receipts and bank statements.  If You do not return the item within this period, You will not be entitled to a refund but Roger David will exchange the goods or have them repaired.

4.6 If You are entitled to a refund under paragraph 4.5 of this Agreement You  may elect to receive, instead, an exchange or a gift card of equivalent value to the item(s) in question.

4.7 Roger David may ask you to demonstrate that you did not cause the fault in the item described at paragraph 4.5 above.

4.8 Items purchased online by customers resident in Australia may be exchanged or refunded at any Australian Roger David store.  This excludes orders paid by using Paypal or Afterpay.

5. SUSPENSION OF SERVICE

5.1 No Warranty or Representation of Availability

Roger David makes no warranty that the Website will be available for use by You at all times or at any particular time or at all, and expressly disclaims any such representation.

5.2 Suspension of Service

5.2.1Roger David may from time to time suspend operation of the Website.

5.2.2Where possible, Roger David will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website.  Roger David does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.

6. LIABILITY AND INDEMNITY

6.1 Necessary Authority

If You make purchases using the Website You acknowledge and warrant to Roger David that: 

6.1.1You have the full authority to engage in the transactions You undertake;  

6.1.2You will be liable for all costs, fees, charges and other amounts which may become due to Roger David as a result of the use of the Website;

6.1.3All goods sold to You from the Website shall be at Your risk immediately upon delivery to You;

6.1.4You are properly authorised to provide Roger David with any information which You provide to Roger David and that You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to Roger David; and

6.1.5all information You provide to Roger David is true and complete to the best of Your knowledge.

You must indemnify Roger David upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by Roger David as a result of a breach of any of these warranties.

6.2 No Exclusion of Australian Consumer Law

Roger David acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into this Agreement and rights may be conferred upon You which cannot be excluded, restricted or modified.  Nothing in this Agreement, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.

6.3 Limitation of Liability

6.4Without limiting any other provision of this Agreement, Roger David's liability to You is limited, at Roger David's option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods;  or

6.5You agree and acknowledge that Roger David accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature.  You release and forever discharge Roger David from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.

7. PRIVACY

7.1Roger David will comply with Our Privacy Policy available from the URL https://www.rogerdavid.com.au/help-faq/legals and the Privacy Act in relation to any personal information about any natural person You provide to Roger David.

7.2Without limitation, You consent to Roger David collecting personal information about You for the purpose of retailing goods on the Website.

7.3You authorise Roger David to make any inquiries reasonably required to satisfy itself of Your identity or any other matter Roger David reasonably considers to be necessary. 

8. USE OF WEBSITE

8.1 Copyright  

8.1.1Unless otherwise stated the copyright in the Site Materials is owned by Roger David.

8.1.2Other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in this Agreement, none of the Site Materials may be reproduced, distributed, adapted or communicated to the public without Our prior written consent.

8.1.3 Roger David gives You permission to:

8.1.3.1print copies of the Site Materials for Your own use; and 

8.1.3.2store a copy of the Site Materials on Your computer for the sole purpose of viewing the Site Materials.

8.1.4Roger David makes no representations that the Linked Materials do not infringe the intellectual property rights of a third person.

8.2 Trademarks  
The trademarks contained on this website are the trade marks of Roger David or its respective owners. These trademarks may not be reproduced without the owner's consent.

9. RESOLUTION OF DISPUTES

You and Roger David each agree that You will attempt to resolve any disputes between You and Roger David in relation to this Agreement in accordance with the applicable Rules and by good faith mediation.

10. GENERAL

10.1 Notice

10.1.1Roger David may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by either:

10.1.1.1sending You an electronic mail message to an electronic mail address nominated by You; or 

10.1.1.2posting the notice to Our Website.  Such notice takes effect and is deemed served from the time the electronic mail message leaves Our system or is visible on Our Website, as the case may be.

10.1.2You must give any notice to Roger David required or permitted to be notified to Roger David under this Agreement by either:

10.1.2.1sending it by registered post to the address below:

     16-20 Claremont Street
     South Yarra VIC 3141

10.1.2.2sending by facsimile to the following facsimile number:

     03-9829 9650

Such notice takes effect and is deemed served if by registered post on the day of receipt or, if by facsimile, upon the sender receiving confirmation that the transmission has been completed without error.  In any event, if receipt of the notice takes place not on a Business Day or after 5.00pm in the place of receipt, the notice will be deemed to be received on the next Business Day.

10.2 Governing Law

The terms and conditions contained in this Agreement shall be governed by and construed in accordance with the laws of Victoria, and You and Roger David agree to submit to the jurisdiction of the Victorian Courts in respect of any dispute arising in connection with these terms and conditions.

10.3 Personal Knowledge

A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry which a reasonable person would be prompted to make by reason of knowledge of a fact.

10.4 Severance

If any provisions of these terms and conditions are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.

10.5 Variation

10.5.1Roger David may vary these terms and conditions from time to time by making an updated set of terms and conditions available at this, or a substitute, Website.

10.5.2Any new terms and conditions take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.

10.6 Waiver and Exercise of Rights

10.6.1A single or partial exercise or waiver of a right relating to this document does not prevent any other exercise of that right or the exercise of any other right.

10.6.2No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

10.7 No Merger

The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.

10.8 Rule of Construction

In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.

11. DEFINITIONS & INTERPRETATION

11.1In these terms and conditions, unless expressed or implied to the contrary:

Act means the Competition and Consumer Act 2010 (Cth).

Australian Consumer Law means Schedule 2 to the Act.

Agreement means this document and includes all Schedules and Annexures to it.

Business Day means a day other than a Saturday, Sunday or public holiday in Melbourne, Victoria.

Copyright Act means the Copyright Act 1968 (Cth).

GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition - General) Act 1999 (Cth).

Linked Materials means materials, in any form, contained on any website not operated by Roger David whether or not the Website contains a link to those materials.

Privacy Act means the Privacy Act 1988 (Cth).

Roger David means Roger David Stores Pty Ltd ACN 004 091 016.

Site Materials mean all materials, in any form, comprising the Website.

Website means this website, located at the URL https://www.rogerdavid.com.au

You and Your means the user of the Website.

11.2In these terms and conditions, unless expressed or implied to the contrary a reference in this Agreement to:

11.2.1a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;

11.2.2a person includes a firm, partnership, joint venture, association, corporation or other corporate body;

11.2.3a person includes the legal personal representatives, successors and assigns of that person; 

11.2.4any body which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the first-mentioned body;

11.2.5a clause, schedule or appendix is a reference to a clause, schedule or appendix in or to this Agreement; 

11.2.6this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;

11.2.7writing includes all modes of representing or reproducing words in a legible, permanent and visible form; 

11.2.8'$' or 'dollars' is a reference to Australian dollars; 

11.2.9the singular includes the plural and vice versa; and 

11.2.10a gender includes the other genders.


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