TERMS AND CONDITIONS FOR REMOTE SALES
The use of the remote sales process described in these Terms and Conditions is reserved exclusively for individual consumers in Australia (hereinafter defined as "Customer" or “you”), and only for products delivered in Australia.
1. Application
The following Terms and Conditions govern the supply of Marina Rinaldi, products (“Products”) remotely between the Customer and points of sale. These Terms and Conditions must be read carefully by the Customer before completing the remote ordering process for any Product.
The Customer acknowledges and agrees that, by entering credit card data in the payment pre-authorisation link and sending it by clicking the “Continue” button, the Customer agrees to be bound by these Terms and Conditions. Any variation to these Terms and Conditions will only be effective if agreed upon in writing between the parties.
2. Seller Identification
Higgovale Pty Limited trading as Marina Rinaldi ABN 23 061 884 759, (hereinafter: “Marina Rinaldi” or “us”).
3. Product Orders
In the “Order” section of this email, you will find the order number and information about the Products as agreed upon with the sales staff, along with the price information for each Product, and the total price of the selected Products, the shipping address, the payment method and estimated delivery time.
The amount of an individual order cannot exceed the sum of AUD $16,000 in total or any other sum as determined by us from time to time for any store.
Your order will be sent to Marina Rinaldi upon conclusion of the ordering process and after entering payment information through the payment pre-authorisation link by clicking the “Continue” button. This will be stored in the Marina Rinaldi order database, for the period of time required by current applicable legislation.
We reserve the right to not accept any order, for any reason including: if there is an error in the information provided by the Customer; if the selected Products are out of stock; if the order is not consistent with that of a normal individual consumer (a requirement which applies both to the number of Products purchased within a single order, as well as several orders pertaining to the same Product, even if each order contains a quantity of Products consistent with that of a normal individual consumer); if the Customer has asked for delivery to a PO Box or similar, or to an address outside of Australia; if we have identified an error in the price or description of the Product; if we are unable to meet a delivery deadline you have specified; or circumstances beyond our control.
If the order cannot be accepted, Marina Rinaldi will promptly communicate this to you and release the payment amount.
4. Product Price
The Product price, stated in the communication referred to in Section 3, for each item, is shown in Australian dollars and includes GST. Marina Rinaldi will pay all taxes, duties, charges and/or costs for shipping and any product returns, as well as shipping costs.
5. Payment Conditions
Customer payment can only be made by the following credit cards:
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Visa/Visa Electron;
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Mastercard; and
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Maestro International
The total amount of the order is placed on-hold on the credit card at the time the order is forwarded to Marina Rinaldi (when the Customer selects "Continue"), with acceptance by Marina Rinaldi pursuant to Section 3, and if accepted the activation of Product preparation for shipping. In order to prevent online fraud, payments made through the “payment pre-authorisation link” in the communication referred to in Section 3, are managed online by the bank that manages the Customer's credit card, through the tools offered by Cybersource. Cybersource, and/or their affiliated companies, are responsible for the automatic storage and processing of the information pertaining to each order in a secure environment, including credit card information.
For payment, the Customer must provide the cardholder details used for the purchase using the link inserted in the notification referred to in Section 3, then enter the 16-digit card number and expiration date on the site, as well as the relevant security code.
Unless otherwise indicated, prices for products include GST.
6. Payment Pre-authorisation
The Customer acknowledges and agrees that, by entering credit card data and confirming payment pre-authorisation, you accept these Terms and Conditions , and the subsequent shipment of the selected Products to you.
After providing credit card information and confirming payment pre-authorisation, the amount corresponding to the price of the selected Product(s) will be temporarily placed on hold on the chosen credit card.
The amount corresponding to the price of the Products will be temporarily placed on hold until the Customer has expressed their willingness to accept the Products (and in this case the relevant amount will be charged to the credit card) or, in the event the order is refused in whole or in part under Section 9, until the Customer has returned the Products intact, in accordance with the provisions of Section 13.
Payment pre-authorisation will not cause any charge on the card; payment will only be made following the completion of sale (for further information on completion of sale, see Section 9.).
Please Note: Once we send an order confirmation email, the Customer has 24 hours to confirm their personal information and credit card details and proceed with order confirmation. Upon expiration of this period, the payment pre-authorisation link will expire, and a new email will be required to confirm the order and receive the chosen Products.
In the event that the pre-authorisation or charge is not accepted due to incorrect data entered by the Customer, or for other technical causes which will be communicated to the Customer by the payment service provider, the Customer will not be able to complete the transaction by clicking the “Continue” button; if the Customer decides to leave the payment page in the manner indicated by the service administrator, the Customer will be redirected to a page that will inform them that the order cannot be completed.
7. Delivery
We will only deliver Products under these Terms and Conditions in Australia, to the address indicated by the Customer, and only after the proper execution of the payment pre-authorisation forwarded to Marina Rinaldi. The Customer cannot ask for delivery of Products to PO boxes and/or similar. Marina Rinaldi will deliver Products as soon as reasonably possible but in any event not exceeding 30 days from the day we accept your order. If the Customer or other authorised person is unavailable to receive the shipment at the time of the first delivery attempt, the express courier will make a second delivery attempt the following day. If this second attempt is also unsuccessful, ordered Products will be returned to us we may cancel your order. Customer Service will contact the Customer to agree whether to proceed with a new sale. In the latter case, the amount pre-authorised on the credit card will be cancelled.
8. Shipping Costs
Delivery is free for all selected items.
9. Completion of Sale
From the time the ordered Products are delivered to the Customer, the Customer will have 3 calendar days to contact Marina Rinaldi store staff by telephone to communicate whether they intend to purchase all or some of the Products, or return all or some of the Products.
In the event that the Customer does not communicate any of the above information within that 3 calendar day period, it will be considered that the Customer wishes to purchase all of the Products and the sale will be completed for the full order.
If the Customer has contacted the sales staff within the above time period and communicated their intention to purchase all the Products ordered, Marina Rinaldi will subsequently send a summary email of the Customer's final decision, and the sale will be completed.
If, however, the Customer has contacted the sales staff within the above time period and communicated their intention to purchase only some of the Products ordered, Marina Rinaldi will subsequently send a summary email of the Customer's final decision. From the moment of the receipt of the summary email, the Customer will have another two calendar days to confirm or not the contents of said email and express their definitive approval. If so, the order will be considered confirmed, and the sale will be completed. If the Customer does not respond within the further two calendar days, the order will be considered confirmed and the sale will be completed.
Following partial or total confirmation of the order, under this Section 9, the relevant amount will be charged to the pre-authorised credit card.
10. Product Returns
In the event that the Customer intends to return one or more Products, or all Products, in accordance with Section 9, Marina Rinaldi will instruct the same carrier who delivered the Products to collect them at the same address as the delivery.
11. The Customer’s Right to Return Products, Seek Refunds and Cancel Orders
Your rights in relation to Product returns and refunds, and in relation to cancelling an order, are set out in the Customer Care section of our website.
12 Quality Control
The Products are subject to strict quality controls to ensure that they are sold in perfect condition. In addition, for greater protection to you when making remote purchases, every single item shipped is checked before shipping.
13. Liability
To extent permitted by law, Marina Rinaldi’s liability in respect of its supply of products or services under these Terms and Conditions, including if caused or contributed to by our negligence, is limited to the amount of the payments made by the Customer to us for them.
To the extent permitted by law, Marina Rinaldi’s liability for any consequential, special, incidental or indirect loss or damage including loss of profit (whether consequential, special, indirect or incidental), including if caused or contributed to by our negligence, is excluded.
Nothing in these Terms and Conditions limits any of the Customer’s rights under the Australian Consumer Law.
In case of receipt of a non-compliant Product or of a Product other than that ordered, the Customer must make the product available to Marina Rinaldi, and the Product must have the numbered, guarantee seal intact, as placed on the item at the moment of quality control prior to shipment.
Under no circumstances will requests for tailoring alterations be granted for purchased items, since these would create excessive costs for Marina Rinaldi.
Likewise, no costs that the Customer incurs in order to make tailor-made adjustments and/or alterations to the items purchased will be reimbursed, and will therefore remain at the exclusive expense of the customer.
14. Complaints - Communications - Information
For any information or communication regarding these Terms and Conditions, orders or Marina Rinaldi products, or in the event of a complaint or dispute, the Customer should contact Customer Service through the contact details in the accompanying email.
The Customer can contact Customer Service for free by mail, by filling in the form on our website, or by calling the telephone number Monday to Friday.
Please note that when the Customer decides to use any other channel or form of communication (for example: ground mail, fax, calls to a paid telephone number related to Marina Rinaldi, etc.) other than those described above, Marina Rinaldi will in no case be required to reimburse any costs incurred by the Customer for the use of these means of communication.
16. Personal Data Privacy and Protection Provisions
We will only use your personal information as set out in our Privacy Policy which can be accessed at https://au.maxmara.com/info/legal-area/privacy-policies .
17. Force Majeure
To the extent permitted by law, the activities of Marina Rinaldi under these Terms and Conditions may be suspended in the event of unforeseen circumstances beyond the reasonable control of Marina Rinaldi or force majeure that prevents or delays those activities. Marina Rinaldi will inform the Customer of any such circumstances or force majeure within seven (7) days of their occurrence. If the suspension extends for a period longer than 15 days, the Customer may cancel the order and be refunded any amounts already paid.
18. Applicable Law and Jurisdiction; interpretation
These Terms and Conditions are governed by and must be construed in accordance with New South Wales law. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and all courts that have jurisdiction to hear appeals from those courts and waive any right to object to proceedings being brought in those courts for any reason.
In these Terms and Conditions, “including” and its other grammatical forms are not words of limitation.