Terms of service

 

Welcome to Rocks-Off Australia.

This website, rocks-off.com.au (the Website), is operated by Jasdon Pty Ltd trading as Rocks-Off Australia(Rocks-Off Australia, we, us or our).

These Terms of Service (Terms) apply to your use of the Website and to purchases made through the Website.

By accessing or using the Website, or placing an order with us, you agree to these Terms. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

1. Eligibility

You must be at least 18 years of age to use this Website or purchase products from Rocks-Off Australia.

By placing an order, you confirm that you are at least 18 years old and legally entitled to purchase the products ordered.

We reserve the right to cancel an order if we reasonably believe that the purchaser does not meet these requirements.

2. Products and Website Information

We take reasonable care to ensure that product descriptions, specifications, images, prices and other information displayed on the Website are accurate and current.

However, errors may occasionally occur, including errors relating to:

  • product descriptions or specifications;
  • product images or colours;
  • pricing;
  • promotions or discounts;
  • stock availability; or
  • information supplied or updated through our website, inventory or product data systems.

Product images are provided for illustrative purposes. Colours and appearance may vary slightly depending on your device, screen settings and manufacturing variations.

We reserve the right to correct genuine errors or inaccuracies on the Website as soon as they are identified.

3. Pricing

All prices displayed on the Website are in Australian dollars (AUD) and include GST where applicable.

We aim to ensure that all prices displayed are accurate. Occasionally, however, a product may be displayed with an incorrect price because of human error, technical malfunction, data-feed error, inventory-system error or another genuine mistake.

If we identify an incorrect price before an affected order has been fulfilled, we may withdraw the affected product from sale while the error is corrected.

Where an order has been placed for a product affected by an obvious or genuine pricing error, we may contact you to explain the error and, where permitted by law, cancel the affected item or order and provide a full refund of any amount paid for the cancelled item or order.

Nothing in this section limits any rights or obligations applying under the Australian Consumer Law.

Businesses must communicate prices clearly and accurately and cannot mislead consumers about pricing.

4. Orders

When you place an order through the Website, you are making an offer to purchase the products in that order.

After your order is placed, you will normally receive an automated order confirmation. This confirms that we have received your order but does not necessarily mean that the order has been accepted or dispatched.

We may need to review an order before fulfilment, including to confirm:

  • product availability;
  • pricing and product information;
  • payment;
  • delivery details;
  • age requirements; and
  • suspected fraud or misuse of the Website.

We may decline or cancel an order where reasonably necessary, including where:

  • an item is unavailable;
  • there is a genuine pricing, product or system error;
  • payment cannot be successfully processed or verified;
  • delivery cannot reasonably be completed to the address supplied;
  • we reasonably suspect fraud or unauthorised payment activity; or
  • the order otherwise cannot lawfully or reasonably be fulfilled.

If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled item or order using the original payment method where reasonably possible.

5. Payment

Payment must be made using one of the payment methods offered during checkout.

By submitting payment details, you confirm that you are authorised to use the selected payment method.

We may use third-party payment providers to securely process payments. Your use of those payment methods may also be subject to the provider's terms and conditions.

6. Promotional Codes and Discounts

Promotional or discount codes:

  • must be used in accordance with the conditions of the relevant promotion;
  • cannot be redeemed for cash;
  • cannot generally be applied retrospectively to completed orders;
  • may have an expiry date or other stated restrictions; and
  • may not be used in conjunction with another promotion unless expressly stated.

We reserve the right to cancel or reject the use of a promotional code where it has been used contrary to its stated terms or as the result of an obvious technical or system error.

7. Product Availability

All products and orders are subject to availability.

Stock information is updated regularly, but occasionally an item may become unavailable before our systems have been updated.

If we cannot supply an item you have ordered, we will contact you and provide an appropriate refund for any amount already paid for that item.

8. Shipping and Delivery

Orders are delivered using the shipping methods made available through the Website.

Shipping costs, where applicable, will be displayed during checkout before you complete your purchase.

Estimated delivery times are estimates only and may be affected by circumstances outside our reasonable control, including carrier delays, public holidays, severe weather and other disruptions.

We will take reasonable steps to ensure orders are dispatched and delivered within the timeframe represented to you or, where no timeframe is specified, within a reasonable time.

Please check your delivery details carefully before submitting your order.

9. Returns, Faulty Products and Consumer Guarantees

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

You may be entitled to a repair, replacement, refund or other remedy where a product fails to meet a consumer guarantee, including where goods are faulty, unsafe, not of acceptable quality, do not match their description or are not fit for a disclosed purpose.

Your rights under the Australian Consumer Law apply regardless of any manufacturer's warranty or other warranty provided with a product.

Change-of-mind returns

Because many Rocks-Off Australia products are intimate products designed to come into contact with the body or bodily fluids, we generally do not accept change-of-mind returns for products that have been opened or used where doing so would create hygiene or health concerns.

This change-of-mind policy does not affect your rights where a product is faulty or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.

If you believe you have received a faulty, damaged or incorrect product, please contact us before returning it so that we can assist you with the appropriate return process.

The ACCC makes clear that statutory consumer guarantees operate separately from retailer warranties and cannot be taken away by store terms.

10. Inspection of Deliveries

We recommend checking your order promptly after delivery.

If your order appears to have been damaged during delivery, contains an incorrect product or has another problem, please contact us as soon as reasonably possible so we can assist.

Nothing in this section limits your rights under the Australian Consumer Law.

11. Personal Use

Products purchased through the Website are intended primarily for personal use.

If you wish to purchase Rocks-Off products for resale, wholesale or other commercial purposes, please contact us regarding our wholesale arrangements.

We may limit quantities where we reasonably believe an order is intended for unauthorised resale or where quantity limits are reasonably necessary because of stock availability.

12. Accounts

If you create an account with us, you are responsible for maintaining the confidentiality of your login details and for activity occurring through your account.

You should notify us promptly if you believe your account has been accessed without authorisation.

We may suspend or restrict an account where reasonably necessary to protect the Website, our customers or our business from fraud, misuse, security threats or unlawful activity.

13. Intellectual Property

Unless otherwise stated, the content available through the Website, including text, graphics, logos, photographs, product imagery, design elements and other materials, is owned by or licensed to Rocks-Off Australia and is protected by applicable intellectual property laws.

You may access and use the Website for your personal, non-commercial use.

You must not reproduce, distribute, modify, publish or commercially exploit Website content without permission from the relevant rights holder, except where permitted by law.

Third-party trademarks, product names and intellectual property remain the property of their respective owners.

14. Acceptable Use

You must not use the Website:

  • for unlawful or fraudulent purposes;
  • to interfere with the security or operation of the Website;
  • to introduce malicious software or harmful code;
  • to attempt unauthorised access to the Website or related systems;
  • to collect information about other users without lawful authority; or
  • in a way that infringes the rights of another person.

We may restrict access to the Website where reasonably necessary to address security threats, fraud, unlawful activity or serious misuse.

15. Third-Party Services and Links

The Website may contain links to third-party websites or use services supplied by third parties, including payment, delivery or technology providers.

Third-party websites and services operate independently from us and may have their own terms and privacy policies.

We are not responsible for third-party websites merely because the Website contains a link to them.

16. Privacy

We collect, use and handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

Please review our Privacy Policy for information about how we handle personal information.

17. Website Availability

We aim to keep the Website available and operating correctly, but we cannot guarantee uninterrupted access at all times.

The Website may occasionally be unavailable because of maintenance, technical issues, updates or circumstances outside our reasonable control.

To the extent permitted by law, we are not responsible for losses arising solely from temporary Website unavailability where we have exercised reasonable care.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

18. Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

To the extent permitted by law, where our liability can lawfully be limited, it will be limited to the extent permitted by applicable Australian law.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Website, business practices or applicable laws.

The current version will be published on the Website together with its effective or last-updated date.

Changes will apply from the date they are published and will not retrospectively remove rights that have already arisen under applicable law.

20. Governing Law

These Terms are governed by the laws applicable in Queensland, Australia.

You and Rocks-Off Australia submit to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.

Nothing in this section limits any rights you may have under applicable Australian consumer protection legislation.

21. Contact Us

Please contact us with any questions regarding this Agreement.