Website & Order Terms and Conditions
1.1 These Terms and Conditions apply to you, the Website user and your usage of the Retrojan and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2 By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2.1 In these Terms and Conditions:
2.2 "Agreement" means these Terms and Conditions, including all the terms of any Order placed by you the user through the Website (if applicable).
2.3 "Customer" means the person or legal entity identified in a Retrojan quote, invoice or sales document.
2.4 "Delivery Cost" means the costs associated with delivery as specified in an Order.
2.5 "Goods" means the Products listed in an Order.
2.6 "Intellectual Property" means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
2.7 "Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
2.8 "Order" means an order for one or more Products placed by a Customer in response to an invitation to treat made by Retrojan through the Website.
2.9 "Pre-sale" means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
2.10 "Products" means any items listed on the Website (for sale or otherwise).
2.11 "Website" means the internet site located at the URL www.retrojan.com.au and operated by Retrojan.
2.12 "Personal Information" means all the information collected about the Customer by Retrojan through the website or by any other means.
2.13 "Related Parties" means a business which is owned and operated by some or all of the same parties which own and operate Retrojan.
2.14 "Retrojan" is a business operated and owned by Jano Enterprise Pty Ltd (ACN 152 674 989) trading as Retrojan.
2.15 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
2.16 “Clearance Item” means any item discounted by 20% or more from original RRP.
2.17 “Made to Order” means items custom made to preference & ordered specially as per the customer request as marked on product page.
3. Site Use
3.1 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.2 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
3.3 To become a member of the Website, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us at firstname.lastname@example.org.
3.4 You will receive an email from us immediately after you create your membership account.
3.5 You may not use one email address to register for multiple accounts.
3.6 You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
3.7 Retrojan may stop (temporarily or permanently) providing access to the Website to you, or to guests or members generally, at our discretion and without prior notice to you.
3.8 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
3.9 We may impose limits or restrictions on the use you may make of the Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Website, or change or remove Website functionality at any time without notice to you.
3.10 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Retrojan will not be responsible for the content or privacy practices associated with linked web sites.
3.11 You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content.
3.12 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Retrojan takes no responsibility for any such damage which may arise in connection with your use of the Website.
4. Legal Capacity
You must be eighteen (18) years of age or over to register as a member of the Website or purchase Products from the Website.
Any Order and/or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Retrojan in relation to these terms.
Retrojan reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
5.1 All prices listed on the Website are in Australian Dollars unless otherwise specified.
5.2 All prices listed on the Website include all applicable taxes unless otherwise specified.
5.3 All prices displayed on the Retrojan website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
5.4 If a Discount Code is entered at the checkout, it has the effect of applying a discount on the product cost only, and not the shipping cost, unless otherwise specified.
5.5 You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
5.6 Free shipping offers are given at the sole discretion of Retrojan and may incur additional charges for delivery to remote areas as defined by Retrojan. During a free shipping offer, Retrojan reserves the right to request extra freight contributions for remote or rural areas or for large orders.
5.7 Retrojan reserves the right to refuse a sale.
6. Product Specifications
6.1 Features and specifications of Products described or depicted on the Website are subject to change without notice.
6.2 Unless otherwise stated, any accessories, or furnishings shown in any Product image on the Website are not included in the price.
6.3 All weights and dimensions mentioned are approximate.
6.4 Slight colour variations may appear in products due to the settings and type of computer/mobile device from which you are viewing the website.
7.1 You may place an Order by filling in the Order Form on the Retrojan Website and clicking the "COMPLETE MY ORDER" button. When you place your Order, we will issue you with an Order Number. We will do this by email.
7.2 Offers for Products made by Retrojan the Website do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
7.3 Orders will be deemed to have been received by Retrojan at the time Retrojan sends an Order confirmation to your nominated e-mail address.
7.4 Retrojan is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
7.5 Each Order (once confirmed) represents a separate agreement.
7.6 Retrojan reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
7.7 Retrojan, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
7.8 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
7.9 Retrojan reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
7.10 Retrojan accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7.11 Retrojan reserves the right to charge an administration fee of up to 15% of the order value when orders are cancelled and then reinstated by the purchaser to capture promotional discounts.
8.1 Retrojan currently accepts Visa, Mastercard, American Express, Zipmoney and Paypal.
8.2 Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
8.3 You acknowledge that Retrojan may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
8.4 If your nominated payment method triggers Retrojan internal suspect transaction protocols, Retrojan may contact you to confirm additional details, or rescind the transaction.
8.5 Retrojan has gift vouchers available for sale on it's website. Gift vouchers are not redeemable for cash. No change will be given and any balance that remains can only be used in whole or part against future purchases at Retrojan. It is up to the gift voucher holder to use the full value of the voucher before the expiry date. Any unused balance will not be refunded or credited when the voucher expires. Where the cost of the purchases exceeds the available card balance, the cardholder will be required to make up the difference between the purchase price and the gift voucher balance.
9. Delivery and ownership of the goods
9.1 Retrojan tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Retrojan does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
9.2 The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Retrojan and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more two weeks, customers will be notified by e-mail at the e-mail address nominated in their Order.
9.3 Retrojan will not dispatch Goods to addresses outside Australia or PO box addresses.
9.4 Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
9.5 Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
9.6 Retrojan's nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday) unless otherwise arranged.
9.7 Retrojan is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with Retrojan’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Retrojan to a customer in relation to delivery will be from a third party, and as such Retrojan will not guarantee the accuracy of such information.
9.8 Retrojan offers delivery options that may require the customer to render physical assistance to the delivery driver in order to assist in carrying larger items from the vehicle to the delivery point in light of OH&S requirements. This condition is stated clearly on various pages throughout the website. Retrojan will not be held liable for customers who do not read this information at the time or purchase. Retrojan reserves the right to charge extra fees for customers who require a 2-man delivery.
9.9 Retrojan will dispatch in stock items within 2 business days of payment being received unless otherwise specified on the product page. Other orders will be dispatched on the dates indicated on the product page. Please note that if you have ordered multiple items with different expected dispatch dates, the order will be held until the final item becomes available for delivery. In the event that you are wanting multiple deliveries, further delivery charges will apply.
9.91 Retrojan will hold goods ready for dispatch or collection in warehouse storage for a maximum of one month after all items in the order are ready for dispatch or collection. Any goods remaining in the warehouse beyond the one-month period will incur a $75 per month storage fee. Goods still not collected after 6 months will be put back into stock. If the customer is uncontactable, refunds will not be issued for items reallocated into stock - however a credit note can be obtained provided contact with Retrojan is made within 1 year of purchase.
9.92 From time to time, products are sent separately, and may be delivered on different days, as different items are supplied by different warehouses. Once each item has left the warehouse, you will receive a dispatch confirmation email with your tracking details (if available).
10. Faulty or damaged goods
10.1 Where an item is found to be faulty within the first 7 days after delivery or is already damaged on delivery, and the customer notifies Retrojan of that fault within the first 7 days after delivery, then Retrojan will:
(a) Replace or Repair the faulty Good at their discretion; or
(b) If Retrojan is unable to provide a new replacement, Retrojan has the option to offer a full or partial refund dependant on the amount of damage to the product.
(c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial & return Delivery Cost.
10.2 The 7 Day period will commence on the date that the customer accepts delivery of their Retrojan product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
10.3 Outside of this 7 Day period, faults will be dealt with in accordance with the terms and conditions of the applicable Retrojan Standard Warranty.
10.4 Where Goods are already damaged on delivery, Retrojan requires photographic evidence of the damage to be e-mailed to email@example.com before authorising return of the Goods. Where Goods are already damaged on delivery, the customer should indicate this to the delivery driver when signing the proof of delivery and ensure it is noted on the proof of delivery.
10.5 Retrojan reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this policy.
10.6 Retrojan may seek reimbursement of any costs incurred by us if the Product is found to be in good working order.
11. Refunds and returns
If you have a change of heart, you are welcome to return your product to us, subject to the the following:
11.1 The item must be returned within 14 days of receipt of delivery.If there is no receipt of delivery, the date shall be assumed to be 3 business days from the date of dispatch.
11.2 Where a product is within the 14 day period referred to above and a refund is requested, and the item is not a clearance item or a made to order item, Retrojan will refund the original product purchase price in the original method of payment (where possible), less the following fees and/or charges, which will not be reimbursed:
(a) Delivery charges from Retrojan; and
(b) Cost to return the product to Retrojan.
(c) Any promotional discounts affected by the return.
Made to order items cancelled at any time after purchase but before delivery will attract a cancellation fee equal to 30% of the sale price
11.3 Orders cancelled after the goods have been dispatched will be treated as per the terms above.
11.4 Returned goods must be in their original packaging with all parts, accessories and manuals, and be in original condition.
11.5 Other than in accordance with Retrojan’s 14 Day Money Back Guarantee, Retrojan does not provide refunds.
11.6 Retrojan will only accept the return of Goods that have been supplied incorrectly.
11.7 In order to facilitate a return under these Terms and Conditions, e-mail firstname.lastname@example.org The customer must comply with directions from Retrojan staff to facilitate a return.
11.8 All returned goods must be in their original packaging with all parts, accessories and manuals, and be in original condition.It is the customer’s responsibility to ensure that returned items are returned safely. Retrojan takes no responsibility for items lost in transit.
11.9 If your product was purchased during a shipping promotion, please note that the actual standard delivery cost, which would have been charged had the item not been on promotion, will be deducted from your refund along with the return delivery cost.
12.1 Each Product sold on the Website is covered by a 12 month Retrojan Standard Warranty. Some items may have longer warranty periods as stipulated on the product page.
12.2 To the extent permitted by law, the warranties are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
12.3 Retrojan will carry spare parts for each product for the length of the Standard Warranty period. Retrojan does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, Retrojan reserves the right to refuse to supply spare parts where limited stock is available.
12.4 Certain legislation may imply warranties or conditions or impose obligations upon Retrojan which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Retrojan is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods.
13. Intellectual Property
13.1 You acknowledge that all Intellectual Property in any Material on the Website is the property of Retrojan, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
13.2 You may view the Website and its contents for personal and non commercial use only and subject to the Copyright Act (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without the prior written consent of Retrojan or, in the case of third party Material, from the owner of the copyright in that Material.
13.3 You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website
14.1 You waive, release, discharge and relinquish any and all claims that you have now or may have against Retrojan which are connected with, arise out of, relate to or are incidental to the use of the Website.
14.2 You agree to indemnify and to keep indemnified Retrojan and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Retrojan arising out of or in connection with the your use of the Website and the use of any Retrojan Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
15.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Retrojan (in negligence or otherwise) is limited (at the option of Retrojan) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Retrojan shall not be held liable for any indirect or consequential loss.
15.2 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Retrojan (in negligence or otherwise) is limited (at the option of Retrojan) to these Terms and Conditions and those listed in related Retrojan warranties.
16.1 Retrojan gathers Personal Information about the Customer for the purposes of:
(a) marketing, supplying or delivering our products to the Customer;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing Retrojan products; and
(d) expanding the business.
16.2 Retrojan is committed to protecting the Customer’s Personal Information in line with its legal obligations.
16.3 The Customer hereby acknowledges and consents that Retrojan has the right to sell, rent, share, or otherwise disclose personally identifiable information to Related Parties .
16.4 If a Customer does not consent to Personal Information being disclosed to Related Parties as set out in clause 16.4 it must contact Retrojan by email at email@example.com.
16.5 The Personal Information of the Customer may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions and to Related Parties.
16.6 Retrojan may, from time-to-time, employ other companies and individuals to perform functions on our behalf. . In these circumstances Retrojan may disclose Personal Information to such companies and individuals to enable them to deliver services on its behalf.
16.7 The Customer may request access to Personal Information, in accordance with the National Privacy Principles in the Privacy Act . If the Customer wish to access personal information please contact Retrojan by e-mail at firstname.lastname@example.org.
16.8 Personal Information collected by Retrojan is owned by Retrojan and is an asset which can be sold as part of the business .
17.1 Retrojan reserves the right to make changes to the Retrojan Website and Order Terms and Conditions without notice.
17.2 Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
17.3 A failure or delay by Retrojan to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Retrojan does not preclude its future ability to exercise that or any other power or right.