This agreement is a contract between the customer (you) and Rolma Industries ABN 0470442111, 209 Logan Road, Woolloongabba, Brisbane QLD (Adina Watches Online). These terms apply to the ordering, purchase and delivery of Goods from adinawatches.com.au and form a contract between you and Adina Watches Online (Terms) as amended from time-to-time.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability and the Adina Returns Policy.
Other important terms may also apply to your Order. If you have any questions, please contact our Customer Service Centre on +61 7 33917188 or contact us via email at [email protected] and we will be happy to assist you.
The following definitions apply to these Terms:
Business Day means a weekday in which trading banks are open for the transaction of banking business in Brisbane, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on your Order.
Delivery Agent means a nominated third-party delivery or shipping company for Adina Watches Online.
Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 8.
Goods means the items offered for sale described or displayed on the Website.
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.
Order means a request by you to purchase Goods from Adina Watches Online under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Returns Policy means the Adina Returns Policy found on the Website.
Website means the sites available from www.adinawatches.com.au
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our, Adina and Adina Watches Online means Rolma Industries (ABN 047042111).
You and Your means you as the purchaser of Goods from Adina Watches Online pursuant to these Terms.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You will be bound by these Terms when you submit an Order via the Website. Each Order you place will be a separate contract between you and Adina Watches Online for the supply of Goods, under these Terms.
3. PLACING ORDERS FOR GOODS
3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus Delivery Fee) as specified at the time you submit your Order.
3.2 You acknowledge that all Orders are for Goods intended for personal and non-commercial use only. Additional quantity restrictions may apply from time-to-time, and these will be stated on the relevant product page, or in materials concerning the relevant promotion.
3.3 In completing the Order form, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.
3.4 Adina Watches Online will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.
3.5 You also agree to obtain consent to provide Adina Watches Online with personal details of recipients of gifts ordered by you.
3.6 You may order from Adina Watches Online if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.
3.7 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Adina Watches Online or otherwise under these Terms). However, you can return Goods under the Returns Policy. You should check your Order carefully before submitting your Order. For terms on cancellations or returns see clause 9.
3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order—see clause 8.
3.9 You will be provided with an invoice number on despatch of your Order. The invoice number is required when contacting our Customer Service Centre about your Order.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Adina Watches Online reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it constitutes an agreement by Adina Watches Online to supply the Goods under these Terms.
4.3 If we reject an Order, we will notify you of the reason for rejection via email within five Business Days.
4.4 Adina Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 7.
4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within five Business Days.
5. AVAILABILITY OF GOODS
5.1. From time-to-time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Adina Watches Online will use reasonable endeavours to either:
(a) source the Goods, or
(b) contact you within five Business Days to either:
(i) arrange a full or partial refund,
(ii) change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or
(iii) come to an alternative arrangement.
Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Good under clause 7.
5.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Adina Watches Online 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.
5.3. 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.
5.4. Adina Watches Online reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (e.g. 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 Adina Watches Online 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.
5.5 You acknowledge and agree that:
(a) All pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately.
(b) You have read any written description of the Goods on the Website before submitting your Order.
(c) The colour of Goods as shown on the Website may vary slightly in real life.
(d) Where we provide dimensions and measurements in the descriptions of a Good, 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).
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.
6.3 Adina Watches Online reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 For each Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted), and
(b) the Delivery Fee.
6.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card, PayPal or direct deposit. When paying by credit card, you authorise Adina Watches Online to place a hold up to the value of your Order on your card. Payment is only debited from your card at the time your Order is despatched with the Delivery Agent used by Adina Watches Online. The name on the credit card used for the payment must match the name on the Order.
6.6 Any payment for an Order must be cleared by Adina Watches Online before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive an Order confirmation by email once payment has been processed.
7.1 If Adina Watches Online processes a refund under these Terms, it will use reasonable endeavours to process the refund within five Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Adina Watches Online is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
7.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Adina Watches Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.
8.1 Adina Watches Online uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
8.2 We are able to deliver to PO Box addresses.
8.3 Subject to clause 8.4, delivery is available within Australia for all Goods. International delivery is only available for watches.
8.4 For delivery of grandfather clocks, we encourage you to call our Customer Service Centre on +61 7 33917188 to confirm delivery availability and to provide you with a delivery quote before you submit your Order. If an Order is submitted, but the Delivery Address is not within metropolitan regions, we will contact you to provide you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will refund any money paid to us under clause 7.
8.5 The Delivery Fees for Adina Watches Online Orders are:
(a) Standard Delivery Fee: Free postage within Australia (except for Goods that require special delivery).
(b) Grandfather clocks and larger clocks requiring delivery under clause 8.4 where Delivery Fees within Australia will vary.
(b) International Delivery Fee: $25 per Order.
8.6 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order and we will refund any payment made under clause 7.
8.7 Subject to clause 8.9 Adina Watches Online aims to achieve the delivery timeframes set out below:
(a) All Standard Delivery Fee Goods (excluding grandfather clocks and large clocks)Australia wide (including capital cities and suburbs, and most regional areas): 4–7 Business Days.
(b) Grandfather clocks and large clocks: 7–14 Business Days, on a date agreed by you and Adina Watches Online.
(c) International delivery: 7–14 Business days.
8.8 Notwithstanding the delivery times in clause 8.7:
(a) Adina Watches Online cannot guarantee that delivery will occur in the delivery time frames; and
(b) Adina Watches Online is not liable for any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
8.9 During major sales events Orders may experience delivery delays. Adina Watches Online will provide notification on the Website of such delays.
General terms for delivery
8.10 Delivery of Goods will take place at the Delivery Address specified by you in the Order.
8.11 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 8.12, the representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative’s instructions as if they were your own.
8.12 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of restricted goods). Adina Watches Online may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
8.13 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by calling our Customer Service Centre on +61 7 33917188 after placing your Order. This includes, without limitation:
(a) restricted access or parking for our truck, and
(b) restricted or limited access to the premises.
8.14 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, or for any other reason delivery cannot take place, a calling card will be left for you to contact the Delivery Agent to arrange a new delivery time. It is your responsibility to follow the instructions stated on the calling card.
8.15 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
8.16 Where you do not within 10 days of a failed delivery contact the Delivery Agent to arrange a new delivery time, you must call our Customer Service Centre on +61 7 33917188 for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Delivery Fees.
8.17 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting our Customer Services Centre on +61 7 33917188 or emailing us at [email protected] You can otherwise return Goods under clause 9. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.
8.18 By contacting the Customer Service Centre, Orders that have not yet been dispatched may be able to be modified.
8.19 Insurance is not available.
Grandfather clock delivery terms
8.20 For grandfather clocks, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Adina Watches Online’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.
8.21 Grandfather clocks require some assembly. The Delivery Agents are not required to unpack, assemble or construct Goods as part of the delivery service. Assembly of the Goods is your responsibility and at your expense.
9. ORDER CANCELLATIONS AND RETURNS
9.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods under the Returns Policy. Delivery Fees charges will not be refunded if you return Goods for change of mind.
9.2 Goods can only be returned under these Terms (in particular, this clause 9) and under the Returns Policy. The Returns Policy forms a part of these Terms.
9.3 The following terms apply in addition to the Returns Policy for purchases from Adina Watches Online:
(a) Grandfather clocks cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call the Customer Service Centre on +61 7 33917188 or contact us at [email protected] if the product is faulty so that pickup can be arranged.
(b) The watch you wish to return must be brand new, unused, undamaged and in original packaging. Please do not wear a watch you wish to return.
9.4 If the return is a result of our error, refund will include all shipping costs. Otherwise, Delivery Fees will be deducted from the refund and a $25 restocking fee will be charged to offset merchant fees and handling cost. Adina Watches Online will not bear the cost of return delivery.
10. PROMOTIONS AND DISCOUNTS
10.1 The Goods, Prices and promotions that are offered on the Website may not correspond to those in any Adina reseller’s store.
10.2 Adina Watches Online does not price match.
12. WARRANTIES YOU MAKE TO ADINA WATCHES ONLINE
12.1 You represent and warrant to Adina Watches Online that Adina will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, or injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused, including arising directly or indirectly from or in connection with these Terms.
12.2 Subject to any rights you have under any consumer protection law, Adina Watches Online 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. You are entitled to certain rights under consumer protection law that cannot be excluded.
12.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
13.1 Adina Watches Online reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:
(a) for convenience, at any time, upon provision of notice to you; or
(b) immediately if Adina Watches Online reasonably believes that you have breached these Terms and:
(i) that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied)
14.1 Adina Watches Online reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Adina Watches Online with respect to that Order.
14.2 Adina Watches Online may give notice to you by email. You may give notice to Adina Watches Online by email to our Customer Service Centre at [email protected]
14.3 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 or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
14.4 A failure or delay by Adina Watches Online 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 Adina Watches Online does not preclude its future exercise or the exercise of any power or right.
14.5 A reference to a clause is a reference to a clause of these Terms.
14.6 The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in Woolloongabba, Queensland.