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Terms and Conditions

Terms and Conditions

 

Craig Shepard and Leanne Chesser of KordaMentha Restructuring were appointed Voluntary Administrators (Administrators) of Roger David Stores Pty Ltd (trading as Roger David) on Thursday, 18 October 2018.

In these terms and conditions, a reference to ‘Roger David’ or ‘We’ is a reference to Roger David Stores Pty Ltd (Administrators appointed) and the Administrators, save where otherwise specified.

All stores are currently continuing to trade while the remaining stock is realised via a controlled wind down for the benefit of the Company’s employees and other creditors. For your reference, the Voluntary Administrators provide the below responses to Frequently Asked Questions for customers.

 

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

 

Voluntary Administration

Voluntary Administration (VA) is a process where a company is placed in the hands of independent Insolvency practitioners who can assess all the options available to restructure the business including a sale of the business in order to achieve the best outcome for all stakeholders. The VA process also allows for a deed of company arrangement to be entered into for the benefit of creditors, or for the company to be placed into liquidation.

 

How long will the VA process take?

In the absence of a buyer for the business, the Administrators will continue to sell the remaining stock via a controlled wind down of the existing store network.

 

60% Off Everything*

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

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

 

Gift Cards 

Will gift cards be honoured?

Gift cards will now be honoured in full when redeemed in-store until close of trade on Sunday, 25 November 2018.

Customers are able to redeem the entire amount or a portion of their gift cards. Any balance remaining on the gift card after Sunday, 25 November 2018 will be forfeited.

The above extension does not apply to online gift cards; any balance remaining on these gift cards will be forfeited.

 

Returns & Exchanges

Are returns and exchanges being authorised?

We are unable to provide item returns, refunds or credits on standard purchases except to the extent required by the Australian Consumer Law (e.g. for a defective item).

No further exchanges will be permitted after Monday, 19 November 2018.

Full details of your consumer rights may be found at www.consumerlaw.gov.au  

 

Lay-Bys

Can existing lay-bys be completed?

Existing lay-by transactions can be completed by paying out the balance outstanding by Monday, 19 November 2018.

Will new lay-bys be offered?

No new lay-by transactions will be offered.

What if customers want to cancel their lay-by?

We are now unable to offer a refund on cancelled lay-bys. Any deposits relating to cancelled lay-bys will be forfeited.

 

Online Purchases

Can customers continue to purchase items online?

We will no longer be taking orders online.

Can customers seek a refund for an online purchase?

We are unable to provide item returns, refunds or credits on standard purchases except to the extent required by the Australian Consumer Law or if we are unable to fulfil the order due to stock availability.

 

Other Services

Will formal wear hire and alterations services still be available?

Roger David will not be offering any new formal wear hire or alterations services.

 

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 in full at the time of sale.  Roger David will not ship goods to You if they are not paid for in full 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 

We will provide item returns, refunds or credits as required by the Australian Consumer Law (e.g. for a defective item).

We are unable to provide item returns, refunds or credits on standard purchases except to the extent required by the Australian Consumer Law (e.g. for a defective item).

No further exchanges will be permitted after Monday, 19 November 2018.

Full details of your consumer rights may be found at www.consumerlaw.gov.au

 

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: 

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

6.1.2 You 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;

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

6.1.4 You 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

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

You 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 by You.

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

6.3.1.Without limiting any other provision of this Agreement, and to the fullest extent permitted by law, 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

6.3.2To the fullest extent permitted by law, 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  

8.1.1 Unless otherwise stated the copyright in the Site Materials is owned by Roger David Stores Pty Ltd (administrators appointed).

8.1.2 Other 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:

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

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

8.1.4 Roger 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 Stores Pty Ltd (administrators appointed) or its respective owners. These trademarks may not be reproduced without the owner's consent.

 

9. GENERAL

9.1 Notice

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

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

9.1.1.2 posting 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.

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

9.1.2.1 sending it by registered post to the address below:

            GPO Box 2985

Melbourne VIC 3001 

9.1.2.2 sending by email to the following email address:

rogerdavid@kordamentha.com

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.

9.2 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.

9.3 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.

9.4 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.

9.5 Variation

9.5.1 Roger 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.

9.5.2 Any 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.

9.6 Waiver and Exercise of Rights

9.6.1 A 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.

9.6.2 No 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.

9.7 No Merger

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

9.8 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.

 

10. DEFINITIONS & INTERPRETATION

10.1In 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 (Administrators appointed).

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.

 

10.2In these terms and conditions, unless expressed or implied to the contrary a reference in this Agreement to:

10.2.1a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;

10.2.2a person includes a firm, partnership, joint venture, association, corporation or other corporate body;

10.2.3a person includes the legal personal representatives, successors and assigns of that person; 

10.2.4any 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;

10.2.5a clause, schedule or appendix is a reference to a clause, schedule or appendix in or to this Agreement; 

10.2.6this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;

10.2.7writing includes all modes of representing or reproducing words in a legible, permanent and visible form; 

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

10.2.9the singular includes the plural and vice versa; and 

10.2.10a gender includes the other genders

 

 

Published: 8 November 2018.  This document may be amended as new issues and frequently asked questions arise.

 

For all enquiries please contact: rogerdavid@kordamentha.com


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