Terms & Conditions

This website at www.kidman.com is operated by S. Kidman Clothing Co Pty Ltd (Kidman). Any references to “we”, “us” or “our” are references to Rossi and its related entities (as applicable). These terms and conditions (Terms) govern your use of this Website. We reserve the right to modify, amend or update these Terms at any time without prior notice. We suggest you regularly check this page to ensure you are aware of the most recent Terms, including before placing any new order on the Website.

By using the Website, including to place an order for products, and continuing to access the Website, you consent to and agree to these Terms.

1.          Use of the Website

We do not warrant or promise that your access to or use of the Website will be continuous or error-free, and the Website may be unavailable to you due to Website downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

Children under the age of 13 must not place orders on the Website or otherwise use our Website. If a child wishes to use the Website or make a purchase on the Website, this must be under the supervision of a parent or legal guardian who will be responsible for the use of the Website by the child and will be responsible for any financial liability as a result of such use or orders being placed.

2.          Content and Intellectual Property

All content and materials used on the Website, including trademarks, brands, style names, designs, photos, images, video, audio, text, layout, copyright works and software (Intellectual Property) are owned or licensed by us.

Access to, and use of, this Website does not confer and will not be considered as conferring upon you or any third party any licence to use our Intellectual Property.

You may not: (a) use or reproduce any Intellectual Property unless you have our prior written permission; or (b) download, copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in the sale of, exploit in any way, in whole or in part, the Intellectual Property, the Website, or any related software.

3.          Third Party content/links

References on the Website to any names, marks, products or services of third parties or links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of any such third-party site, information, product or service. We are not responsible for the content of any third-party sites and make no representations regarding the accuracy or content of material on those sites. The use of any third-party sites or links is entirely at your own risk and we are not liable to you for any loss or damage you suffer in connection with your use of any such third party site or link, except to the extent caused by our negligence or material breach of these Terms.

4.          Social Media

If you have purchased any product from our Website, then: (a) if you tag us in images and content you post on social media or other online platforms in relation to that product, you consent to us reposting and sharing such post via our social media channels including, but not limited to, Instagram, Facebook, Twitter, Snapchat and Pinterest; and (b) you must not tag us in any social media posts in a manner that is in breach of any applicable law. 

5.          User Comments, Reviews, Feedback & Submissions

You agree that any reviews, comments, feedback, suggestions, ideas, and other submissions regarding us or the Website disclosed, submitted or offered by you whether on or by this Website or through your communications with us (Comments) will not violate these Terms or any rights of any third party, including copyright, trade mark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You must ensure that you have the right to submit any such Comments.

You further agree that no Comments disclosed, submitted or offered by you to the Website or regarding us will be or contain defamatory or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Once Comments are disclosed, submitted or offered to us, whether via the Website or through your communications with us, we will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you disclose, offer or submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree and consent that we may do in relation to the Comments any act or omission that would otherwise infringe your moral rights in the Comments.

We are and will be under no obligation to maintain any Comments in confidence, pay any compensation for any Comments, or respond to any Comments.

We do not regularly review Comments, but we do reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you disclose, submit or offer.

You are and will remain solely responsible for the content of any Comments you make, and you agree to indemnify from and against any loss or damage we (or our affiliates) suffer or incur and that arises naturally (that is, in accordance with the usual course of things) in connection with any claim by a third party against us (or any of our affiliates) that any Comment provided or submitted by you breaches any applicable law, is defamatory, or infringes the rights (including the intellectual property rights) of any third party, except to the extent such loss or damage is directly attributable to our negligence or material breach of these Terms or could have been avoided had we taken reasonable steps to mitigate such loss or damage.

We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party, except to the extent caused by our negligence or material breach of these Terms.

6.          Security

We do not guarantee the delivery or security of communications over the internet. We do not provide and have no control over communications, networks or services, the internet or other technology required or used across the Website. Any use of this Website or purchase of goods on this Website is at your risk and we do not accept any responsibility for any direct or indirect loss associated with any communications, networks or other technology used to access or use the Website, except to the extent caused by our negligence or material breach of these Terms.

All users of this Website are prohibited from violating or attempting to violate the security of the Website, including without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

We may investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in pursuing users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from us on the Website and other than generally available third-party web browsers (e.g., Google, Netscape Navigator, Microsoft Explorer).

7.          Products

While we strive to provide accurate product descriptions and pricing information, errors may sometimes occur. We do not represent the accuracy or completeness of any information on the Website.

We have made every effort to describe the products and to display the colours of products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

We may modify or remove products at our discretion for any reason, including for example product discontinuation, unavailability, or advertising errors. Any information provided as to the availability of any product is a guide only and subject to change without notice.

Please refer to sizing information contained within the product pages to assist you on choosing the appropriate size.

8.          Privacy

You acknowledge and agree that we may use and deal with any personal information provided by you when using the Website, including in the purchase of products on the Website, in accordance with our Privacy Policy (as available on our Website).

9.          Order and acceptance

By placing an order via our Website, you are making an offer to purchase the selected products in accordance with these Terms. An order is not accepted by us until you receive a confirmation email stating that your order is confirmed or has been accepted. We may require additional verification or information from you before accepting an order.

Once your order has been placed, it immediately starts going through our ordering process and cannot be cancelled or amended even if it has not been shipped. Once you receive your order, you may return any products in accordance with our return policy (as available on our Website).

If an order is unable to be fulfilled after acceptance for any reason (for example insufficient quantities), the order will be cancelled and your payment refunded. We will contact you as soon as possible to advise of this.

10.       Prices and payment

Payment can be made by the methods shown at checkout. We use a third party to process payment for online purchases.

All credit card payments are subject to verification and fraud checks by an external fraud prevention provider. We may require additional verification or information from you before accepting an order.

Where AfterPay, PayPal or other third-party payment methods are used for payment, the terms and conditions of each of those providers may also apply to your payment, in addition to these Terms. You are responsible for ensuring compliance with any applicable third-party terms.

You must not pay, or attempt to pay, for any purchase via fraudulent or unlawful means.

11.       Gift cards

Gift cards may be available for purchase on the Website. Gift cards are not redeemable for cash. Gift cards cannot be returned. Gift cards will be valid for 3 years from the date of purchase (*please note that this does not apply to gift cards/vouchers which are issued as an exchange) and can be redeemed for products on the Website.

Gift cards should be treated as cash and cannot be replaced or refunded if lost, misplaced or stolen. Gift cards cannot be used to purchase further gift cards.

Gift cards can only be used in the country and currency of issue.

If purchasing a gift card online, it is the purchaser’s responsibility to ensure the accuracy of the addressee details provided (whether mailing or email address). We are not liable for the delivery of gift cards to an incorrect recipient if we use the details provided by the purchaser, except to the extent caused by our negligence or breach of these Terms.

12.       Pre-order items

All items that are available for pre-order on the Website are clearly marked in their product description and title as a pre-order product. The date of expected shipping or delivery dates are listed in this section on each specific pre-order product. Orders that contain ready to ship and pre-order styles will be dispatched separately. You will receive separate tracking notifications to track your order(s). For any further enquiries please contact our customer service team (please refer to the Contact Us section of the Website for more information).

13.       Taxes and duties

The prices for all products on the Website are in Australian dollars and are inclusive of GST.

For international orders, pricing is displayed in your local currency and excludes Australian Goods & Services Taxes.

14.       Use and quantities of products

Products purchased on the Website are for personal use only. You are not permitted to purchase products on the Website for the purpose of re-sale or distribution.

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, household or per order. This may include restricting quantities of orders placed by the same Website account, same credit card and to customers using the same billing or mailing address.

We will endeavour to provide notification to you should such restrictions be applied.

15.       Risk and title

Title to products ordered on the Website passes to you when full payment for the relevant product(s) is successfully processed and received by us. All risk of loss or damage to the products ordered by you passes to you when we dispatch your product from our premises, or in the case of electronic gift cards, when the electronic transmission containing the electronic gift card leaves our server.

16.       Shipping and delivery

Once your order has been accepted, products will be despatched from our warehouse. Please also note that circumstances beyond our control may mean that despatch could take longer in some cases.

Please allow: (a) 5-15 days for delivery within Australia; and (b) up to 8 weeks for deliveries outside Australia. As delivery services are carried out by a third party, once the products have been despatched, we are not liable for the products and cannot guarantee delivery times. There are matters beyond our control, and in some cases beyond the control of the carriers, that may impact delivery times.

Shipping costs are your responsibility, unless otherwise stated and are shown on the checkout page.

International orders are sent Delivery Duties Unpaid (DDU). We recommend checking with your local customs authority for an estimation of the additional duties and taxes, as well as threshold limits, before completing your purchase. Should you need to return your order for any reason, you may be able to apply for a refund of duties and taxes directly with your local customs authority. Duties charged to recipients of international mail items are determined by the destination country. Because we have no control over these charges, we are unable to advise what duties may apply and these are non-refundable.

17.       Quality and returns

Unless expressly specified otherwise when you place an order in relation to a particular product, you may return that product to us in accordance with our Returns Policy, which is available on our Website. We may change our Returns Policy from time to time, but the version that was in effect when you placed your order will continue to apply in relation to that order.

In addition to our Returns Policy, our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and other compensation under law. You also may be 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.

18.       Applicable law

These Terms are governed by the laws of the State of Queensland, Australia. Any action or proceeding arising out of or related to these Terms or your use of this Website must be brought in the courts of Queensland and you consent to the exclusive jurisdiction of such courts.

As the Website can be accessed throughout Australia and overseas, we do not represent that the content of the Website complies with the laws of any country outside Australia or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this Website from outside Australia, you are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from anywhere such access would be illegal 

You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

19.       Limitation of liability

Nothing in these Terms: (a) excludes or limits our liability to you for any: (i) fraudulent act or omission by us, our personnel or our subcontractors; or (ii) death or personal injury caused by our negligence or breach of these Terms; or (b) excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited (this may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances).

Despite anything to the contrary in these Terms, if the Australian Consumer Law or any other legislation states that there is a guarantee in relation to any good or service supplied by us in connection with these Terms and our liability for failing to comply with that guarantee cannot be excluded but may be lawfully limited, then our liability for such failure is limited to (at our election), in the case of a supply of goods, us replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.

Subject to the first two paragraphs of this clause and our Return Policy and to the extent permitted by applicable law: (a) we are not liable to you for any loss or damage you suffer or incur in connection with your use of the Website or any product you buy on the Website; and (b) neither you nor us is liable to the other for any loss or damage in connection with these Terms, the Website or any product you buy on the Website that does not arise naturally (that is, according to the usual course of things) from the event giving rise to the loss or damage.

20.       Severability

If any part of these Terms is read down or severed, the remainder of the Terms remain in force. 

21.       Termination

Your access to the Website may be terminated by us at any time without notice.

22.       Contact us

If you have any queries in relation to these Terms, please contact us at:

Email: customerservice@kidman.com

 

Toll free call (within Australia): 1800 574 100

 

International call if outside of Australia: +61 3 9278 3600