Please read the following Terms and Conditions (“Terms”). By placing an order on this site, www.roxannefashions.com.au (“Site”), you agree to be bound by these Terms and Conditions and our Terms of Use and cannot be varied or replaced with any other terms.
These Terms and Conditions may be updated from time to time without notice as such you should check the date of the Terms and Conditions regularly for any changes.
Prices and Payment
All prices shown on the Site are expressed in Australian Dollars (AUD) and include GST but does not include any other taxes or duties imposed on or in relation to the goods.
This Site accepts the following payment methods:
Goods will not be dispatched until payment confirmation is received by Roxanne Fashions.
You must indemnify Roxanne Fashions if your banking institution, PayPal or AfterPay reverses your payment after your items have been dispatched.
Ordering Online
All orders are subject to availability of stock. If an item ordered is no longer available for whatever reason, you will be notified and may exchange the item for another item, or cancel the order.
Roxanne Fashions, in its absolute discretion, may refuse to accept any order from you.
Risk and Insurance
Once the goods have been dispatched by Roxanne Fashions you assume all risk in the goods and all insurance responsibility for theft, damage or otherwise.
You assume all risk and liability for loss, damage or injury to persons or to your property or the property of third parties, arising out of the use or possession of any of the goods sold by Roxanne Fashions, unless recoverable from Roxanne Fashions on the failure of any statutory guarantee under the Australian Consumer Law (“ACL”).
Delivery
Roxanne Fashions will arrange for the delivery of the goods in accordance with our Delivery Policy. Roxanne Fashions will designate the method of delivery for the goods. Unless stated explicitly otherwise, you will be responsible for costs associated with delivery, including postage, insurance and other charges.
Any period or date for delivery of goods stated by Roxanne Fashions is an estimate only and not a contractual commitment.
Roxanne Fashions will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
You are responsible for nominating the correct delivery address. If a person is not present to receive the goods, the goods will be left at the nominated address or nominated Australia Post location for pick up. A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by you or confirmation of delivery by Australia Post will be proof of delivery of the goods.
Once goods have been deemed delivered Roxanne Fashions has no further responsibility for lost or stolen goods.
Liability
Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods, the agreement to supply the goods does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
If you are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Roxanne Fashions for failure of a statutory guarantee under the ACL.
If you on-supply the goods to a consumer, payment of any amount required under section 274 of the ACL is the absolute limit of Roxanne Fashions' liability to you howsoever arising under or in connection with the sale use of, storage or any other dealings with the goods by you or any third party.
Roxanne Fashions is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.
Acknowledgement
You acknowledge that:
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You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Roxanne Fashions in relation to the goods or their use or application
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You have not made known, either expressly or by implication to Roxanne Fashions any purpose for which you require the goods and you have the sole responsibility of satisfying yourself that the goods are suitable for your use.
Cancellation
Roxanne Fashions reserves the right to cancel any order at any time. If an order is cancelled you will be notified immediately by email or phone using the email address or phone number provided with the order. In those circumstances the order amount will be refunded back to you using the original payment method where permitted.
No purported cancellation or suspension of an order or any part of it by you is binding on Roxanne Fashions once the order has been accepted and payment confirmed.
Returns/Exchanges
Please refer to our Returns Policy.
Force Majeure
Roxanne Fashions is not liable in any way howsoever arising under with regard to the supply of goods to the extent that it is prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, pandemics, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs Roxanne Fashions may suspend or terminate an order by giving you written notice.
Miscellaneous
The law of Victoria from time to time governs these Terms and the supply of goods.
Roxanne Fashions' failure to enforce any of these Terms shall not be construed as a waiver of any of Roxanne Fashions’ rights.
If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
Roxanne Fashions is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the Australian Privacy Principles. For further information, see Roxanne Fashions' Privacy Policy.
Last Updated 23 November 2023