Conditions of Use

TERMS & CONDITIONS


Rubygoods.com.au is intended for persons who are a minimum 18 years of age. All products for sale on this site are designed exclusively for adults only.

These Terms and Conditions (“Terms”) govern your use of our website located at www.rubygoods.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Ruby Goods. Throughout the Site, the terms “we”, “us” and our” refer to Ruby Goods.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via email, post or telephone on the following details:

Email: customerservice@rubygoods.com.au
Post: Po Box 195, Taylors Lakes, Vic, 3038
Telephone: (03) 9017 5666

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

UPON USING RUBYGOODS.COM.AU, YOU MUST ACKNOWLEDGE:


• I am an adult and at least 18 years of age.
• I will not permit any person(s) under 18 years of age to have access to any of the material contained within this site.
• I understand that material, which is available within this site, may include graphic visual depictions and descriptions of a sexual nature and smoking apparatus.

CHANGES TO TERMS OF SERVICE


You can review the most current version of the Terms of Service at any time at this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions.
• Subject to clauses below, you may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

• You may not use the Site, or the material contained on it for any purpose contained in clause (a) to (e) inclusive:

a) Reproduce the material in any material form;
b) Distribute the material in any material form;
c) Retransmit the material by any medium of communication;
d) Upload and/or repost the material to any other site on the World Wide Web;
e) “Frame” the material on the Site with other material on any other Word Wide Website.

• You must not add any content to the Site:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d) that would bring us, or the Site, into disrepute; or
e) that infringes the intellectual property or other rights of any

• You may not modify or copy:
a) The layout of the Site; or
b) Any computer software and code contained on the Site

• The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

• You acknowledge and agree that Rubygoods.com.au is not liable for any harm or damages related to the purchase of use of goods, services, resources, content or any other transactions made in connection with any third party websites.

• You acknowledge and agree that:
a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

PRODUCTS


• By clicking on “Submit Order” on completion of checkout, you are agreeing to purchase the items described on our Site and accept Ruby Goods Terms and Conditions.

• Ruby Goods warrants that they have made every effort to display, as accurately as possible, the description of the products on the Site include the colours and images. Ruby Goods does not guarantee that your computer monitor’s display of any colour will be accurate.

• All descriptions of products or product pricing on the Site are subject to change at any time without any notice, at Ruby Goods sole discretion. If Ruby Goods discovers an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling.
• Ruby Goods reserves the right to discontinue any product at any time.

PRICE & ORDERING


• By clicking on “Submit Order” on completion of checkout, you agree to pay Rubygoods.com.au the fee specified in the total amount owing on the Site. This process binds you to a contractual agreement with Rubygoods.com.au whereby payment will be made by the selected method in the Payment Information stage of the checkout process.

• If for whatever reason any goods ordered are not available, you will be contacted by a Rubygoods.com.au representative within 2 business days of purchase. A customer will be offered a choice of a complete refund of the purchase costs, coupon for the value or an exchange. Our representative will work together with you to achieve the best outcome possible.

• Rubygoods.com.au reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

ACCEPTANCE OF GOODS


• On receiving the order the customer is responsible for inspecting the goods for fault or damage.

• Should the items ordered not be of acceptable quality, it is the customer’s responsibility to notify Rubygoods.com.au, as soon as possible. Please see Shipping & Returns Policy for more information.

LIMITATION OF LIABILITY


• Subject to clause below and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of Rubygoods.com.au under this agreement is to use its best endeavours to provide the Goods, or to repair the Goods, or repair or replace (at Rubygoods.com.au discretion) any part of the Goods which is found to be defective during the warranty period (subject to certain products up to maximum 12 months from the date of purchase). Rubygoods.com.au will not be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

• If any Goods supplied under this agreement are supplied to the customer as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law (as amended) or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, under section 64A of the Australian Consumer Law and similar provisions of relevant state legislation, Rubygoods.com.au limits its liability to payment of an amount equal to the lowest of:
a) the cost of replacing the goods or supplying equivalent goods;
b) the cost of repair of the goods;
c) the cost of having the goods repaired or replaced.

• Subject to paragraph above, Rubygoods.com.au is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of the Seller.

Please contact Customer Service for any queries or clarifications to these Terms and Conditions on customerservice@rubygoods.com.au.com.au or 03 9017 5666.

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