Terms of Service
This document tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) on our website (our “site”) to you. These Terms apply to any contract between us for the sale of Products to you (“Contract”).
Please read these Terms carefully and make sure that you understand them before ordering any Products from our site.
By ordering any of our Products, you acknowledge being 18 years old or older and you agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you order Products from this site, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
We are Roundabout Antiques, ABN 70 187 532 263, of 2 Red Gum Court, Highfields Qld 4352, Australia (“we” or “us”). We operate the website www.roundaboutantiques.com.au
2. THE PRODUCTS
2.1. The description of the Products on our site is approximate only and images of Products are in almost all cases of the item that you will receive (we do not use "stock" photos of items - other than new to be released items that are not actually in our possession yet) . Whilst we make every effort to be as accurate as possible on our site in the description of the Products (including, without limitation, the size of the Products) and to display colours accurately (without image editing), any description is approximate only and we cannot guarantee that the colours displayed on our site accurately reflect the colour of the Products.
2.2. All Products shown on our site are subject to availability (and we strive to keep our site accurate, updating it daily). We will inform you by e-mail as soon as possible if the Product you have ordered is not available (this will generally be an honest case of our mistake, which happens a couple times a year). If the Product you ordered is not available, we will not process your order.
2.3. In the main we sell delicate, individually made antique and collectible items that have had a prior ownership history and prior use. We believe that we are extraordinarily exacting in our condition reports of our items – and we describe our items with knowledge and a critical eye developed over decades of experience handling an enormous quantity of similar items. Read more about inspecting items through the Roundabout Antiques Prism here. We make every human effort possible to detect or disclose significant age related soiling, damage through use or misuse, or restoration to damage to items on this website. Given the age of the items we sell – minor and insignificant wear, blemishes consistent with the manufacture techniques used in the production of an item or simply evidence of age of a previously owned item (for example fine, clean crazing) is not damage - nor significantly detracting.
3. HOW WE USE YOUR PERSONAL INFORMATION
3.1. We use the personal information you provide to us to facilitate delivering your purchases to you, and in the provision of our regular client newsletter. We do not on sell or share your personal information.
4. YOUR RIGHTS AS A CONSUMER
4.1. As a consumer, you have legal rights in relation to Products we sell to you on our site that are faulty or not as described. Nothing in these Terms will affect your legal rights. Please see our Returns policy here
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1. Please take the time to read and check your order before submitting it. If you submit an order to us which contains an error, please contact us by email or phone as soon as possible to correct the error. We will try to correct any error in the order submitted by you before it is processed, but we cannot guarantee this.
5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This order acknowledgement does not mean that your order has been accepted by us. We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.3. If we are unable to supply you with a Product (for example because that Product is not in stock, no longer available, or because of an error in the price on our site), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible and in any event, within 5 days of our e-mail notification to you.
6. OUR RIGHT TO VARY THESE TERMS
6.1. We may revise these Terms from time to time. You should read these Terms carefully prior to the purchase of each Product from our site.
6.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
6.3. If we revise these Terms and you have already placed an order with us, the revised Terms will not apply to the order that you have placed.
7.1. We do charge our clients for shipping and handling, in high quality packing materials commensurate with the delicate nature of the item. We send all merchandise using a reliable carrier and online trackable means. We make our best efforts to deliver worldwide, but there are some country limitations.
7.2 Your order will be fulfilled as soon as possible, generally within the next working day, unless there is an Event Outside Our Control.
7.3. Please refer to your delivery confirmation email for exact details and parcel tracking reference.
7.4 Delivery will be completed when Australia Post (or its overseas agents) deliver the Products to the address you gave us. If no one is available at your address to take delivery you will have to attend a Post Office and collect it, failing that the Product will be returned to us. If the Product is returned to us pursuant to this clause, we will contact you to reschedule a delivery and the delivery service charge will be at your own cost.
8. PRICE OF THE PRODUCTS AND DELIVERY CHARGES
8.1. The prices of the Products will be as quoted on our site from time to time. Please see clause 8.4 for information about price errors on our site.
8.2. Prices for our Products may change from time to time. Any changes to the price of Products on our site will not affect any order for Product(s) which we have confirmed to you with a Dispatch Confirmation.
8.3. The price of a Product includes Australian GST (where applicable) at the applicable current rate chargeable in Australia for the time being.
8.4. Our site contains an extraordinarily extensive showcase of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price. In such case, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
9.1. All prices on our site are in Australian Dollars. There is a home currency facility at the top right of every page, but this isn't an exact science as exchange rates change daily, and vary depending on your chosen payment option.
9.2. You can only pay for Products using a debit card, credit card or PayPal. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to us. For any purchases above $1,000AUD, we may contact you to confirm the order and further, ask you to provide a copy of your credit card and a photo ID.
(a) Payment for the Products is in advance.
(b) We accept bank transfer for orders on our online store. In the process of wire transfer, the order will not be processed until the payment has been received and confirmed by us by e-mail. After placing your order, payment should be credited into our bank account within seven days. If your payment has not reached our bank account within seven days, your order may be cancelled.
9.3. Certain Products that you purchase on our site may be subject to additional Terms presented to you at the time of such purchase.
9.4. If you do not make any payment due to us by the due date for payment, we may:
(a) immediately terminate the Contract between us. We will contact you in writing to let you know that the Contract has been terminated; or
(b) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of our bank from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.5. If you dispute any payment you have made to us in good faith and contact us to let us know promptly after you have made the payment that you dispute, clause 10.4(b) will not apply for the period of the dispute.
10. OUR LIABILITY TO YOU AS A CONSUMER
10.1. If we fail to comply with these Terms, we will be responsible to you for the loss or damage you suffer that is a foreseeable result of our breach of these Terms, but we are not responsible for any loss or damage that is not foreseeable.
10.2. We supply the Products for domestic, commercial and private use. If you purchase an item from us on for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3. Subject to any rights you may have under the Australian Consumer Law, in no event, including but not limited to negligence, shall we, any of our affiliated companies, or any of their directors, officers, employees, shareholders, agents or content or service providers (collectively, the “protected entities”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the Products. Subject to any rights you may have under the Australian Consumer Law, in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or any Product ordered via our site exceed, in the aggregate, the amount paid by you to us for the purchase of Products via our site.
10.4. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any matter which by law may not be limited or excluded.
11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an act or event beyond our reasonable control (“Event Outside Our Control”).
11.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12. DISCLAIMER OF WARRANTIES
12.1. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, we disclaim all express or implied warranties or representations regarding any Products ordered or provided via the site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in Product literature, frequently asked questions documents and otherwise on the site or in correspondence with us or our agents.
12.2. To the maximum extent permitted by law and subject to any rights you may have under the Australian Consumer Law, any Products ordered or provided via the site are provided by us “as is” provided that the foregoing disclaimer does not apply to the extent, if at all, of any Product warranty offered by us or the applicable manufacturer of a Product as contained in the package delivered to you, as specifically described on the site or as otherwise specifically set forth in an agreement separately entered into in writing between you and us or our licensor or supplier.
13. HOW TO CONTACT US AND COMMUNICATIONS BETWEEN US
13.1. When we refer, in these Terms, to "in writing", this will include e-mail.
13.2. You can contact us for any reason using the following means:
(a) Send us an email
(b) Telephone on 07 46154537 or other numbers on our contact page.
13.3. If we need to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.