Terms of Supply
Introduction
These are the terms of supply for products ordered on https://rugitall.com. The Site is operated by or on behalf of Rugitall INC (we, us and our). We are a limited liability company, registered in Delaware, USA with our headquarters at 17809 S. Broadway, Gardena, CA 90248, USA.All transactions through the site take place in the US or the UK.Your purchase of any of the products offered on the Site (Products) is subject to these terms and by placing an order for any Product you agree to be bound by them. You should print a copy of these terms for future reference. Use of the Site itself is subject to our Website Terms of Service. Use of your personal information submitted to or via the Site is governed by our Privacy Policy and Cookie Statement.
We reserve the right to change these terms from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms were last updated on 23rd June 2022.
Ordering and Availability
To order any Product, you must be at least 18 years of age. By doing so, you confirm to us that you meet this requirement.Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay now" button on the checkout page.
After placing an order, you will receive an acknowledgment from us that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay now" button, you enter into an obligation to pay for the Product(s). Where we accept your order, we will confirm such acceptance by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
From time to time, certain new Products may, where indicated on the relevant Product page, be pre-ordered (i.e. you may place an order before the relevant Product has been generally released and become available on the Site). Where this is the case, the availability date will be shown on the relevant Product page.
Delivery
We will aim to fulfill your order by the dispatch date set out in the Order Confirmation or, if no dispatch date is specified, then within 30 days after the date of the Order Confirmation subject to any delays to despatch caused by exceptional circumstances (in the case of pre-order Products, dispatch will be delayed until the Product is available for dispatch). Dispatch information is indicative only. We cannot guarantee dispatch dates or times. We will try to let you know if we expect to be unable to meet our estimated dispatch date, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed dispatch.If you place a pre-order before the availability date shown on the relevant Product page (and we accept it), the pre-ordered Product(s) will be dispatched on the availability date and we will aim to dispatch the Product(s) by the dispatch date set out in the Order Confirmation or within 10 days after the availability date.
Your order will be delivered to the delivery address within Australia you specify when placing your order from time to time. If your delivery address is geographically remote, for example certain remote or regional areas, and outlying islands or other isolated locations, it is possible that we may not be able to deliver to that address. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products comprised within the same order cannot be delivered to different addresses.
We do not provide or guarantee delivery dates or times. Deliveries are made by our appointed carrier for Australia and generally take place on Monday to Friday excluding bank and public holidays. It is not possible to specify a precise date or time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
Deliveries will be made to your door, the reception or mail room of your building, or at a designated pick-up location determined by the carrier if delivery to your address is not possible. Our carrier will not be responsible for any additional carrying, unpacking or positioning of Product(s). If you order a large, heavy or bulky Product, you should check carefully, before ordering, that its dimensions (allowing for packaging) will allow it to pass freely through the doorways, corridors and if, relevant, stairways of the delivery address.
No International Delivery
The Site is intended for use by customers whose shipping address is in Australia. We are unable to ship to addresses outside of Australia. You may place an order for Products from outside Australia, but this order must be for delivery to an address in Australia. We reserve the right to cancel your order should your shipping address not be in Australia.Risk and Ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.Price and Payment
The price of Products is as quoted on the Site from time to time.Prices include Goods and Services Tax (GST), and we do not charge delivery costs at this time to the delivery address provided.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Unless otherwise stated all prices are in AUD (Australian dollars).
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
We may use a third-party payment processor (Payment Processor) to process your payments for Products. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these terms. We are not responsible for error by the Payment Processor. By clicking the "Pay now" button on the checkout page, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any Product(s) ordered in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (Payment Method). You agree to make payment using that selected Payment Method.
We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Products ordered in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorised or accepted, we reserve the right to cancel your order with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discounts do not apply to licensed items, sale items, swatches or gift cards and cannot be combined with any other offers or redeemed for cash.
Returns During the ‘Return Period’
We provide a 30-day Return Period, during which you may initiate a return of your Product(s) for refund. You may initiate the return of your Product(s) at any time after placing the order up to 30 days after the date of delivery of the Product(s) to you (in its entirety) (‘Return Period’) (subject to return fees, see below).If you cancel your order within the first 24 hours of placing your order (prior to the order having shipped), you will be eligible for a full refund and you will not be responsible for any costs and charges associated with returning your Product(s) to us.
If you initiate the return of your Product(s) during the 30-day Return Period, you will receive a full refund of the price you paid for the Product(s) in accordance with our refunds policy (see below). However you will be responsible to pay all costs and charges applicable to the return of the delivered Products to us.
You may have additional rights to return the Product(s) in accordance with the terms of our “Warranty for damaged, defective or faulty Products” (see below)
Process to initiate the return of your Product(s) during the ‘Return Period’
To initiate the return of your Product(s) during the 30-day 'Return Period" and initiate a return for refund, you must email service@rugitall.com with your name and order number.
Rugitall will arrange for collection of the returned Product(s) though its designated carrier. You will be responsible to pay the return delivery charge based on the size of your purchased Product(s) and the State/Territory where the Product(s) will be posted from. Please refer to the table below for the applicable return delivery charges.
| Size/Product | Victoria | Queensland | South Australia |
Testern Australia |
Tasmania | Northern Terrority |
||||||
| 75 x 215 / 75 x 305 | $30 | $30 | $30 | $30 | $30 | $30 | ||||||
| 125x193 / 160x235 / 200x300/240x350 |
$55 | $55 | $55 | $55 | $55 | $95 |
You must pack the parcel securely, include a note of your name, address and order number (enclosing any order slip, if we have provided one inside the parcel) and return it to us through our preferred carrier. Please save your proof of posting/despatch and tracking information until your refund has been processed.
Unfortunately, Products cannot be returned to any physical store. We do not offer store credit or exchanges for different Product(s) at this time.
Where you have initiated the return of your Product(s) you must return the Product(s) to us within 14 days of having initiated the return for such Product(s).
The Product(s) must be returned unused and in the same condition in which you received them (subject to your right to take any reasonable steps to examine the Product(s) to make sure they conform to your order). The Product(s) must be in their original condition and returned without pet dandruff or fur, dirt or grass stains, signs of wear, washing or improper care, damage, deterioration or other stains In the event that any Product(s) are returned not in a condition in which they were delivered to you, we may reasonably deduct from any refund payable an amount reasonably attributable to the use, damage or deterioration (due, for example, to having used the Product(s)) up to the price of the Product(s), from the refund to which you are otherwise entitled. All returned items are thoroughly inspected, and any Product(s) returned in a condition which we reasonably consider to be no longer sellable will not be refunded.Returned items must be shipped back in the original packaging, or similar packaging that will prevent item(s) from damage whilst in transport.
You will not have any right to initiate the return of your Product(s) for the supply of any Products that have been personalised or made to your own bespoke specifications (if we offer such options) unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered (see ‘Warranty for damaged, defected or faulty Products’section below).
Nothing in this section is intended to limit or exclude your rights at law to return Products including any of your statutory rights as a consumer under the Australian Consumer Law.
Refund for return of Product(s) initiated during the Return Period
If you initiate a return at any time during the Return Period (see above), we will process any refund due to you as soon as possible after the date on which we receive the returned Product(s) in the condition you agree to return the Product(s) to us under these terms (see above).We will refund the price that you paid in full (subject to any deduction we are entitled to make which is reasonably attributable to the use, damage or deterioration of the returned Product (up to the price paid for the Product(s)). However, you are responsible for all costs for return (including postage) and we will not refund your cost of returning the Product(s) to us (see above). If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
Warranty for damaged, defective or faulty Products
We are proud to provide a one-year limited warranty (the ‘Warranty Period”) that any of our Product(s) sold will be free of any defects in materials and workmanship. Our warranty supplements and does not reduce any rights and protections afforded to you by the Australian Consumer Law. See ‘Our liability’ below.If you believe your ordered Product was delivered damaged, defective or faulty and wish to make an application for return, you should inform us as soon as possible by email to service@rugitall.com giving us your name, address, order reference and at least 3 images of the damage, defect or fault of the Product(s).
So that we can assess your application for return, we may ask you to send us additional images of the damage, defect or fault for our assessment. We may ask you to provide further information to support your claim to assist us with our assessment of the damage, defect or fault. We will respond to your application for return within a reasonable time. Any returns of damaged, defective or faulty Product(s) must be made in accordance with our warranty terms.
If we accept your application for return of a damaged, defective or faulty Product, we will repair the Product (if repair is reasonably possible), replace the Product (where reasonably available) or refund the price of the Product (including partial refunds), as appropriate and subject to the requirements of the Australian Consumer Law.
In considering the application for the return of the Product, we may take into account how much time has passed since you bought the Product, the length of time for which it is reasonable for the Product to be used and the use of the Product.
If we do not accept your application for return of the Product (following our assessment of the Product) we will contact you.
Damaged, defective or faulty Products must not be returned to us unless we have first authorised or requested the return to us in writing. Unfortunately, Products cannot be returned to any physical store. We do not offer store credit or exchange for a different Product(s) at this time.
Product Information
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contact us).
Our Liability
Nothing in these terms shall limit or exclude our liability to you:for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for breach of any term or obligations implied or guaranteed by law which may not be limited or excluded (including consumer guarantees under the Australian Consumer Law); or
for any other liability that, by law, may not be limited or excluded.
Nothing in these terms is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the terms or provides statutory guarantees in connection with these terms, in respect of goods and services supplied, our liability for breach of such a condition, warranty or other term or guarantee is limited to (at our election), to the extent we are able to do so: (a) in the case of supply of goods, Rugitall doing any or more of the following; (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring the equivalent goods; and/or (iv) paying the costs of having the goods repaired.
Subject to law, in no event shall we be liable to you for any business losses, or for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
General
You may not transfer or assign any or all of your rights or obligations under any Contract.All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by and construed in accordance with the laws of Delaware, United States of America.
You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the non-exclusive jurisdiction of the courts of California, United State of America.