1.1 blackrhino-x.com is owned and operated by Blackrhinox Pty Ltd ACN 660 607 616. The Website is made available to you for your use on the condition that you agree to these General Terms and Conditions.
1.2 These T&Cs apply to all purchases of Products or services through the website.
1.3 References to ‘us’, ‘we’ and ‘our’ mean Blackrhinox and includes its related bodies corporate and associates as those terms are defined in the Corporations Act 2001 (Cth) and references to ‘you’ mean you.
1.4 By using the Website, you are deemed to have accepted these T&Cs. Unless otherwise specified, these T&Cs constitute the entire agreement between us and you concerning the website.
2.1 Blackrhinox owns the Website, and unless otherwise indicated, owns or is licensed to use all material appearing on the Website.
2.2 The material on the Website is only intended for your own personal, non-commercial use and you may only download, print or use our Website material for this purpose.
2.3 In addition, you may only use this website for lawful purposes.
(a) We may terminate this agreement for convenience at any time on notice to you. We may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions and:
(i) the breach cannot be remedied; or
(ii) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(iii) if there is an emergency.
(b) We may update, edit stop using the Website at any time and for any reason.\
(c) We may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these T&Cs.
4.1 Placing an order for Products and application of T&Cs
(a) You may order Products by selecting and submitting your order through the Website in accordance with these T&Cs.
(b) Any order placed through this Website for Products is an offer by you to purchase the particular Product for the price notified at the time you place the order and on the terms and conditions set out in this document or included in this document by reference. If we accept the order you and us will be parties to a contract for the sale and purchase of the Products on those terms and conditions.
(c) We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
(d) You agree to provide us with current, complete and accurate details when asked to do so by the Website.
(e) By placing an order for Products on our Website, you acknowledge and agree that we may send you survey and feedback emails or SMS in relation to your order and/or Products. You may opt out of the survey and feedback emails by clicking the unsubscribe link in the footer of those emails. You may opt out of SMS by replying STOP.
4.2 Delivery of Products
Please allow 21 working days for the delivery of delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, product size and location and couriers.
Our outsourced provider Shopify manages our payment system, please refer to Shopify’s Payments Terms of Service: [https://www.shopify.com/legal/terms-payments-au]. In addition to the methods of payment referred to in Shopify’s Payments Terms of Service we may accept different payment methods from time to time at our discretion. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and declare that you are authorised to use the designated card or method and authorize us to charge your order (including taxes, delivery costs, handling and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
(a) The prices of the Products and delivery and other charges displayed on this Website are current at the time of display, however, we reserve the right to change prices at any time before we accept an order from you.
(b) All prices shown on our Website are in Australian Dollars (AUD) and unless otherwise indicated are inclusive of GST.
(c) We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(i) the purchase price of each Product that is ordered;
(ii) the delivery fee for delivering the Products to you; and
(iii) any other fees and charges set out in these T&Cs.
5.3 Delivery Fees
(a) Delivery fees are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order.
(b) If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel, a card will be left and the parcel will be re-directed to the nearest courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery.
(c) We currently ship orders to Australian and New Zealand addresses only.
(d) You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
(i) special, non-stock and/or bespoke items;
(ii) heavy, bulky and/or awkward items;
(iii) express or urgent deliveries; or
(iv) large quantity orders.
5.4 Stock Availability
While Blackrhinox makes every attempt to ensure that the Website reflects accurate stock availability, sometimes a Product shown to be available may be out of stock. In the instance that Product is out of stock, you will be notified as soon as possible. The Product may be refunded, or the entire order will be cancelled.
Please see our Returns Policy available at our Website for all information regarding our return process.
Credit means a credit that can be used on our Website (Credit). Credit is valid for 12 months from the date of issue. Once we receive your return, your Credit will be processed within 14 days, and you will be notified via the email address you used to place the order. Please note Credit cannot be used, or re-issued after the expiration date. We do not notify customers when Credit is close to expiry. Products purchased with Credit can be returned for Credit only. They cannot be returned for a refund.
In addition to the rights and remedies available to you under law, Blackrhinox or the manufacturer of the Products may provide an additional warranty. When provided, the warranty period, provisions and the company providing the warranty will be clearly specified on or inside the product packaging. Please refer to these warranty documents to determine the terms and conditions of any additional warranty.
To the extent permitted by law, all other warranties and representations are excluded.
9.1 Blackrhinox accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other equivalent legislation the effect of which cannot be excluded. However, where we are permitted by law, we will only:
(a) in the case of services, resupply of the services or pay you the cost of resupply; and
(b) in the case of Products, replace the Products, supply equivalent Products, repair the Products, pay you for the cost of replacing the Products (or of acquiring equivalent Products), or pay you for the cost of having the Products repaired.
9.2 Where we are permitted by law, and subject to clause 9.1:
(a) we do not warrant or represent the suitability of the Website or a Product for any purpose; and
(b) we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website or the Products.
9.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
10.1 To the extent permitted by law, Blackrhinox makes no representation, warranty or guarantee regarding:
(a) your ability to access or use the Website or any material on the website at any time;
(b) the loss or modification of information or material transmitted to or from the Website;
(c) the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted;
(d) the use or misuse of the Website or any material on the Website by other users or the conduct of other users on or through the website; or
(e) the Products displayed on the Website being available at any time.
11.1 Liability under the Australian Consumer Law
Where this policy excludes or limit our liability, such exclusion or limitation shall apply only to the extent permitted by law. Provisions of the Australian Consumer Law, and other statutes from time to time in force in Australia may apply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. This policy shall be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which we are entitled to do so, our, liability under those statutory provisions shall be limited to:
(a) replacement of Products or services or the provisions of equivalent Products or services;
(b) payment of the cost of replacing the Products or services or of acquiring equivalent Products or services;
(c) payment of the costs of repairing Products;
(d) repair of Products; or
(e) refunding to you the costs of the Products giving rise to the liability.
Blackrhinox reserves its rights to vary this policy without prior notice to you.
If any terms or part is unenforceable the unenforceability does not affect any other part of the term or any other condition.
These terms are governed and must be construed under the laws of the State of Victoria and the parties submit to the non- exclusive jurisdiction of the courts of that State.