Terms & Conditions

WELCOME
1 - OVERVIEW AND ACCEPTANCE
2 - WEBSITE USE
3 - ONLINE STORE
4 - MODIFICATIONS TO PRODUCTS AND PRICES
5 - PRODUCTS ORDERS AND CANCELLATIONS
6 - GIFT CERTIFICATES
7 - PROMOTION CODES
8 - PAYMENTS
9 - PAYMENT GATEWAY SECURITY
10 - PRIVACY AND PERSONAL INFORMATION
11 - SECURITY OF ACCOUNT AND PASSWORD
12 - WEBSITE CHANGES
13 - ERRORS, INACCURACIES AND OMISSIONS
14 - THIRD PARTY LINKS
15 - VIRUSES, COMPUTERS AND DEVICES
16 - DISCLAIMER AND LIMITATION OF LIABILITY
17 - INDEMNIFICATION
18 - TERMINATION
19 - SEVERABILITY
20 - ENTIRE AGREEMENT
21 - GOVERNING LAW
22 - CONTACT INFORMATION

WELCOME

Welcome to ROSALBAH! We take great pride in our luxury online Boutique and aim to provide our customers with a joyful experience. Please take a few minutes to read the information below about the legal Terms and Conditions that apply to your use of this website and any services or products that you order from us.

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1 - OVERVIEW AND ACCEPTANCE

This website (the "Website") is owned and operated by Zalbah Pty Ltd, ABN 98 610 804 174, trading as Rosalbah and any references to "we", "us" or "our" are references to Zalbah Pty Ltd, unless otherwise stated.

By using or accessing https://www.rosalbah.com (the “Website”) you acknowledge that you have read, understood and agree to be bound by the Terms & Conditions which form a legally binding contract between you and us and its successors and assignees. 

These Terms and Conditions, together with our Privacy Policy, Shipping Policy and Returns Policy form the complete agreement and will be collectively referred to as the ‘Terms of Service’ and apply to all purchases made on our website. You accept the Terms of Service by making a purchase from us.

By agreeing to these Terms of Service, it indicates that you are eighteen (18) years or older or have the consent of a legal guardian who is eighteen (18) years or older.  You must not purchase any products or services from us, or use our website if you do not agree to these Terms of Service.

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2 - WEBSITE USE

You agree to use this website for lawful purposes only and not violate our rights or the rights of any third party.  All rights, including copyright, in this website are owned by or licensed to Rosalbah.

The copyright, trademarks and other intellectual property rights contained within this website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.

You agree that all the content on this website is for your own personal, non-commercial use only and that any downloading, printing or use of our content complies with this.

Under no circumstances are you allowed to reproduce, modify, duplicate, copy, sell, resell or commercially exploit any portion of our Products.

We reserve the right to refuse service to anyone for any reason at any time.

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3 - ONLINE STORE

We have made every effort to display as accurately as possible the colours and images of our products that appear on our online store. How they are displayed will depend on your computer monitor, mobile, tablet or computer equipment.  We cannot guarantee that the product images on our website are an exact representation of the actual products you receive.

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4 - MODIFICATIONS TO PRODUCTS AND PRICES

You agree to pay the purchase price for our products as itemised on the website plus any applicable delivery charges. We may change the price at any time and the prices for our products are subject to change until you have paid for the product in full.

We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.

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5 - PRODUCT ORDERS AND CANCELLATIONS

Our products have limited quantities and are subject to availability of stock.  Please contact us if you have any queries prior to placing your order.

We will make every effort to ensure that your chosen product/s are available for delivery, but in some cases immediate notification at time of purchase is not possible.  If the product is found not to be available, we will email you as soon as possible and give you the choice of a refund or selecting a different product.

If your order is cancelled due to unavailability, refund will be made to the same account which was used for the original purchase.

Once your order is placed, it can’t be cancelled.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We have the right to accept or reject an order for any reason including, but not limited to, product not available, error in your order, failure to verify purchaser information and/or failing the online payment security checks.

We also reserve the right to cancel your ROSALBAH account at any time or request any ID we deem appropriate for verification purposes before processing your order.

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6 - GIFT CERTIFICATES

Rosalbah Printed and Virtual Gift Certificates are sold subject to the following terms and conditions:

  1. Gift Certificates are valid for 12 months from date of purchase.
  2. Gift Certificates can be redeemed against all products on the www.rosalbah.com website.
  3. Gift Certificates are non-transferable, can only be used on the ROSALBAH website for which they are issued and may not be returned or redeemed for cash.
  4. If your order total is less than the value of the Gift Certificate, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Certificate balance online via your My Account page.
  5. If your order exceeds the value of the Gift Certificate, then the remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit Card.
  6. If you return products you have purchased using a Gift Certificate, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
  7. Virtual Gift Certificates will be e-mailed to the recipient once the full order has been processed and payment has been taken.
  8. ROSALBAH is not liable for delivery of a Virtual Gift Certificate to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
  9. ROSALBAH is not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission.
  10. ROSALBAH reserves the right to cancel a Gift Certificate if we deem such action necessary.
  11. Promotion codes cannot be applied to the purchase of Gift Certificates.

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7 - PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

We may run competitions and promotions at various times and these may be subject to their own terms and conditions.  Please read those terms carefully before taking part.  If a competition or a promotion does not have its own specific terms, these general Terms of Service will apply.

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8 - PAYMENTS

You can choose the prices in our store to be displayed in one of the following currencies – Australian Dollars, British Pounds, Canadian Dollars, Euro, New Zealand Dollars or US Dollars.  You must pay for your products purchased on this website at the time of placing an order.

We only accept payment by MasterCard, Amex, Visa, PayPal and zipPay and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

We will always act to protect the details of your payment and purchase, however in the absence of negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our website.

Please be aware any items shipped internationally may incur additional fees and duties levied by customs. As the recipient of the item, you are responsible to pay any of the taxes and duties levied by the country you are shipping to. Your package will not be released from customs until these payments are made.

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9 - PAYMENT GATEWAY SECURITY

Our store is hosted on Big Commerce and we use the eWAY payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.

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10 - PRIVACY AND PERSONAL INFORMATION

Your privacy is very important to us and we are committed to protect your information in accordance with our Privacy Policy and legal requirements.
Our Privacy Policy forms part of these Terms of Service and can be viewed here.

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11 - SECURITY OF ACCOUNT AND PASSWORD

Whilst we take reasonable steps to ensure your security, you must take responsibility for the safekeeping of your user name and password. If you will be using a shared computer, ensure that you logout of your account at the end of each session.

If you suspect or know that someone has stolen or obtained your username and password, you must immediately contact Rosalbah in writing to cancel it.  We will not be liable for any loss or damage as a result of not complying with this clause.

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12 - WEBSITE CHANGES

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Terms of Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

If you believe there are errors, inaccuracies or omissions on this website please contact us.

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14 - THIRD PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for the content or accuracy of those sites and use of those website’s products or services remain solely at your own risk.  The links are for your convenience and do not represent an endorsement of any kind from us with regards to their products or services. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Questions, complaints, claims or concerns regarding third-party products should be directed to the third-party.

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15 - VIRUSES, COMPUTERS AND DEVICES

Rosalbah takes reasonable steps to ensure our website is free of viruses, spyware or other malicious content, however we cannot guarantee that use of this website will not cause damage to your computer or other devices. We will not be liable for any loss or damage caused by any such content that may infect your computer or devices due to the use of this website or any website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.

You must not misuse this website and you must not transmit any worms, viruses or any code of a destructive nature or breach the website security in any way.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

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16 - DISCLAIMER AND LIMITATION OF LIABILITY

All the content and information provided on this website is provided with integrity and to the best of our knowledge the content and information is up to date and accurate.  You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall Zalbah Pty Ltd, our directors, officers, employees, agents, contractors or interns, be liable for any loss or damage whatsoever resulting from, arising out of, or in any way related to use of this site or any other site linked to this site.  We make no representation or guarantee as to the reliability, accuracy or completeness of the information.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the product or service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through our website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Zalbah Pty Ltd and our directors, interns and employees, harmless, from and against any claim or demand, including reasonable attorneys’ fees and expenses resulting from using this website, a breach of Terms of Service, or your violation of any law or the rights of a third-party.  You agree to cooperate with us (at your own expense) in the handling of these matters.

The obligations under this clause will survive termination of these Terms of Service.

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18 - TERMINATION

If you breach, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we reserve the right to terminate your account and use of this website.  Any amount you owe, will remain and survive the termination of this agreement for all purposes.

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19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any documents referred to in them, constitutes the entire agreement and understanding between you and us and supersede any prior agreements, communications and understanding, whether oral or written, between you and us

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21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Australia.

Our liability is governed solely by the Australian Consumer Law (ACL) and its Policy and in relation to ROSALBAH eStore, any terms of use and purchase specified on the website.

If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also 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."

Click here for our Returns Policy.

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SECTION 22 - CONTACT INFORMATION

If you have any questions about the Terms and Conditions please contact us.

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Last Updated: 29 July 2018