Rude to Stare
Website Terms & Conditions
Access to and use of the Rude to Stare Pty Ltd (“Rude to Stare”) website located at the domains rudetostare.com.au or rudetostareintimates.com.au (collectively, the “Website”) and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service").
By accessing, browsing or using the Website or the Services, or ordering any product (“Order”), you are agreeing to all of the Terms of Service, as may be updated by us from time to time.
Any reference to "we" and "us" in these Terms of Service is a reference to Rude to Stare, and "our" has a similar meaning.
We may change these Terms of Service at our discretion at any time without notice. Your use of this Website after any such changes constitutes your acceptance and agreement to comply with and be bound by the amended Terms of Service. We will make reasonable efforts to bring any changes to the attention of our users, but you should also check this page regularly to familiarise yourself with any updates or changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must only use the Website in accordance with these Terms of Service and any Applicable Law.
You represent and warrant that you have full power, authority, and legal capacity to agree to these Terms of Service.
If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website.
All information that you provide in connection with any interaction with the Website must be accurate, complete, and current.
You must not (or attempt to):
You must not restrict, inhibit or interfere with any other user’s use or enjoyment of the Website or use the Website to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software.
The Website and the content on the Website are subject to copyright, trade marks and other Intellectual Property Rights.
The Intellectual Property Rights in all software and content, including the Rude to Stare brand and all other trade marks, trade names and logos made available to you on or through this Website remain the property of Rude to Stare or its licensors.
You may store, print and display the content supplied on this Website solely for your own personal use.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, publish, republish, manipulate, distribute, frame, publicly display or otherwise reproduce any of the information, content or copies of the content on this Website without our prior and express written permission.
You may Order a product available on this Website by submitting your Order through the Website in accordance with these Terms of Service.
All Orders are subject to availability and confirmation of the Order price. Placement of an Order by you does not constitute our acceptance of your Order. In order to Contract with Rude to Stare you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We reserve the right to refuse any request made by you.
Our Contract
When you place an Order, you will receive an acknowledgement email confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the products ordered will not be formed until your payment has been approved by us and we have debited your credit or debit card (“Contract”).
Pricing and Availability
While we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any products you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you have paid for the cancelled Order, you will receive a full refund.
Where applicable, prices are inclusive of GST.
Delivery costs are charged in addition to the price of items ordered. Where applicable, delivery costs will be clearly displayed and included in the 'Total Cost' of your Order.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Payment
Our Website accepts payments using Visa, MasterCard, Amex, PayPal, AfterPay and Apple Pay.
Discount Codes
We may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified purchases made though this Website.
The conditions of use relating to any promotional discount code will be specified at the time of issue.
Gift Cards
Gift cards may be physical gift cards or digital gift cards sent via email.
Digital gift cards will be issued within 24 hours or on a future date of your choice. They are not redeemable for cash or travellers cheques. No change will be given for a purchase made with a gift card.
Gift cards expire 12 months from the date of issue (or date of purchase for digital gift cards).
Gift cards are partially redeemable and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires.
When the cost of a purchase exceeds the available gift card balance, the cardholder will be required to make up the difference with an alternate form of payment.
Gift cards may not be used for online orders processed with Afterpay, PayPal or Apple Pay.
Gift cards should be treated as cash. We take no responsibility for lost or stolen gift cards.
We may terminate an Order if the product (or products) ordered is not available for any reason.
If this occurs, we will notify you and refund any payment received from you using the same method originally used by you to pay for the product.
Delivery of Orders will be in accordance with our Shipping Policy.
Stated delivery times are estimates only. Dispatch times may vary according to availability.
We are unable to guarantee delivery dates or times and to the maximum extent permitted by law, we will not be liable to you for any losses or Liabilities arising out of late or delayed delivery.
Returns will be accepted in accordance with our Returns Policy.
This Website may contain links to websites of third parties.
You understand and agree that we take no responsibility for any information provided on any third party linked website or the content of such websites generally.
Whilst all reasonable efforts have been made to accurately describe the products on the Website, we do not warrant that the product descriptions or other content of this Website is complete, reliable, current, or error-free.
Unless otherwise stated, the prices displayed on the Website are quoted in Australian Dollars.
You may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) including consumer guarantees that the products offered by Rude to Stare will be of acceptable quality and fit for the purpose. These Terms of Service do not exclude or limit these guarantees or any other statutory rights that you may have under Applicable Laws.
You acknowledge and agree that, to the extent permitted by law, Rude to Stare does not represent, warrant or accept any Liability in relation to:
Rude to Stare does not warrant or guarantee that the Website will be free from viruses or any other defects or errors which may affect your operating systems.
All products purchased from the Website are intended for personal non-commercial use only.
You indemnify and hold Rude to Stare and its officers, directors, employees and agents harmless from any and all Claims, proceedings, losses, Liabilities, costs or other expenses (including legal costs) suffered or incurred by Rude to Stare arising out of or in connection with (whether directly or indirectly):
These Terms of Service incorporate our Privacy Policy, which can be found here [insert link].
You acknowledge that Rude to Stare collects and uses information which you provide to Rude to Stare through your use of the Website.
By accessing the Website, you consent to Rude to Stare collecting and using your Personal Information for the purpose of offering products and fulfilling orders for products.
The Privacy Policy contains further information about how Rude to Stare may handle your Personal Information, including:
If you have any concerns or complaints about the manner in which your Personal Information has been collected or handled by Rude to Stare, please contact our Privacy Manager via email at [insert email address].
Governing law
These Terms of Service are to be governed by and construed in accordance with the laws of Western Australia.
In the event of any dispute or claim associated with these Terms of Service, the parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
Notice
Rude to Stare may give you notice of a matter in connection with these Terms of Service by text message, email or by other forms of communication to the addresses provided by you on the Website.
You may give notice to Rude to Stare of a matter in connection with these Terms of Service by email to [insert email address].
Waiver
No failure, delay or omission by Rude to Stare in exercising any of its rights, powers or remedies provided under these Terms of Service or by law will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right or remedy.
Severability
If any part of these Terms of Service is or becomes illegal, void or unenforceable, this does not invalidate the rest of these Terms of Service.
Variation
Rude to Stare shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, these Website Terms of Service, and/or any page of this Website. Your ongoing use of the Website constitutes your consent to any such amendment, removal or variation.
Complaints
We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know here [insert hyperlink / email address] if you have any complaints or comments.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Rude to Stare. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Rude to Stare.
These Terms of Service are effective until terminated by Rude to Stare and Rude to Stare may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms of Service will survive.
Applicable Laws means all laws, regulations, codes or applicable rules (whether statutory or at common law) relating to your access and use of the Website.
Claimmeans any damage, loss (including Indirect Loss), cost, expense or liability incurred by a person (including personal injury, sickness, death, property loss or damage), or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.
Indirect Loss means any loss of revenue, loss of profit or anticipated profit, loss of business reputation, loss of opportunities, loss of anticipated savings or wasted overheads and any other economic loss or indirect loss.
Intellectual Property or Intellectual Property Rightsmeans all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, confidential information and trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable including all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights.
Liabilities means all liabilities, losses, damages, outgoings, costs and expenses of whatever description.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
you means any user of the Website, whether an individual person or an entity.
In these Terms of Service, unless the context otherwise requires:
