Terms of service

Online Shopping Terms and Conditions

These terms apply to the ordering, purchase and delivery of Goods from the The Rubber People Pty Ltd online store and form a contract between you and The Rubber People Pty LTD ABN11 614 892 787 112 Wedgwood Road Hallam VIC 3803 These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.

 

If you have any questions, please contact one of our friends staff at 0397963988  and we will be happy to assist you.

1. Compliance with Terms

1.1. You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and The Rubber People for the supply of Goods.

2. Placing Orders for goods

2.1. You acknowledge that all Goods purchased under these Terms are intended for personal and commercial use only and will not be re-sold.

3. Availability of goods

3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.

3.2. We may withdraw or suspend from sale any Good displayed on the The Rubber People online store, either temporarily or permanently, at any time. The Rubber People will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

3.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.

mitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

4. Price and Payment

4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee. See the Delivery Policy for further details.

4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.

4.3. The Rubber People reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).

4.4. Payment methods are specified on the The Rubber People Online Store. They include credit card, PayPal or Bank Deposit. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method.

4.5. Any payment for an Order must be cleared by The Rubber People before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the The Rubber People Online Store. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

3.4. The Rubber People reserves the right not to honour any incorrect offers represented on the The Rubber People Online Store made by genuine human or system error. Where your Order is affected by an error on the The Rubber People Online Store (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and The Rubber People will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

3.6. You acknowledge and agree that:

a. All pictures and images of Goods displayed are for illustrative purposes only;

b. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).

5. Delivery

5.1 See the Delivery Policy.

 

7. Product Recalls

7.1. If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the The Rubber People Online Store. You can return recalled Goods as instructed in the Product Recall notice.

7.2. You consent to us contacting you using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.

8. Privacy

8.1. Personal Information, which you provide to us during the Order including contact details, will be kept, used and disclosed by us in accordance with The Rubber People Privacy Policy for the purpose of processing and delivering your Order. See TM Product’s Privacy Policy for further information on how to access or update your Personal Information.

8.2 .We may also collect (even if you do not register to the The Rubber People Online Store) location and other information such as the URL or advertisement you came from or linked to, IP address, /browser type, pages you visited from the The Rubber People Online Store etc.

8.3. The Rubber People reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.

9. Risk and Liability

9.1. Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent.

9.2. 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.

9.3. The Rubber People excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.

9.4. You represent and warrant to The Rubber People that The Rubber People will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

9.5. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

10. Termination

10.1. We may, at our discretion, terminate the agreement for the supply of Goods to you: for convenience, at any time, on giving notice to you; or immediately if The Rubber People reasonably believes that you have breached these Terms and: that the /is not capable of remedy; or if you have been provided with notice of the  and you have failed to remedy that within 14 days.

11. General

11.1. See the The Rubber People Online Store Terms of Use for further information on trademarks, copyright and other applicable terms.

11.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the The Rubber People Online Store. The Terms which apply at the time you place an Order are those that govern that Order.

11.3. The Rubber People may give notice to you by electronic mail.

11.4. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

11.5 A failure or delay by The Rubber People to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by The Rubber People does not preclude its future exercise or the exercise of any power or right.

11.6. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Dandenong South, Victoria.

12. Definitions

The following definitions apply to these Terms.

Delivery Fee has the meaning given in the Delivery Policy (see paragraph 2 Delivery Policy).

Delivery Policy means the The Rubber People Delivery Policy.

Goods means the items offered for sale on the The Rubber People Online Store.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

The Rubber People Online Store Terms of Use means the terms governing your use of the The Rubber People Online Store, in addition to these Terms.

The Rubber People Website means the sites available from http://www.therubberpeople.com.au

Order means a request by you to purchase Goods from The Rubber People under these Terms through the The Rubber People Online Store.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the The Rubber People Online Store.

Privacy Policy means the The Rubber People Privacy Policy.

Returns Policy means the The Rubber People Returns Policy.

Special Delivery has the meaning given in the Delivery Policy (see paragraph 2 of Delivery Policy)

Terms means these terms in Terms and Conditions.

We, Us, Our and The Rubber People means The Rubber People Pty Ltd (ABN 11 614 892 787)

You and Your means you as the purchaser of Goods from The Rubber People pursuant to these Terms.