Terms of service
The following terms and conditions (Terms and Conditions) form a legally binding agreement between you and AUSREO Pty Limited ACN 084 555 192 (AUSREO, us, we). These Terms and Conditions apply to the ordering, purchasing, fulfilment and delivery of products purchased from the website shop.ausreo.com.au/ (Reo360).
By ordering any product from Reo360, you acknowledge that you have read and agreed to these Terms and Conditions and agree to be legally bound by them. If you do not agree to be bound by these Terms and Conditions, you must not proceed to order any of our products.
1. Your warranties and obligations
1.1 By placing an order on Reo360, you agree to be bound by these Terms and Conditions and warrant that:
(a) if you place an order as an individual, you have legal capacity to enter into this agreement;
(b) if you place an order on behalf of a company, you are authorised to bind that company to these Terms and Conditions;
(c) all details you provide to us for the purpose of purchasing the products, including payment details, are true, correct and submitted in good faith.
1.2 Each order you submit will be a separate and binding agreement between you and AUSREO with respect to the supply of products.
2. Placing orders for products
2.1 You may use Reo360 to browse and purchase products. Availability, prices and specifications for products on Reo360 are subject to change without notice.
2.2 You may only purchase products on Reo360 if you are aged 18 years or over, have an active email account and a telephone number.
2.3 Unless otherwise indicated on Reo360 or agreed between you and AUSREO in writing:
(a) all prices quoted on Reo360 are in Australian dollars and are inclusive of GST; and
(b) delivery costs are not included in the price of individual products, and will be applied at checkout.
2.4 You acknowledge and agree that:
(a) all pictures and images of products displayed on the Reo360 are for illustration purposes only and the sizes and dimensions of products may differ in real life;
(b) you have read any corresponding written description of the products prior to submitting your order;
(c) the colour of products as shown on the Reo360 may vary slightly in shade in real life;
(d) where we provide sizing or other measurements in the descriptions of a product (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order; and
e) any accessory featured with the products is for illustration purposes only.
2.5 If we incorrectly price a product and you make an order, we will contact you to let you know and we will give you the opportunity to cancel your order with a full refund, or to purchase the product at the correct price.
2.6 You must check your order carefully prior to submitting your order with us. Once you submit your order, cancellations of your order or changes to the products in your order may only be made by agreement unless otherwise required by law. However, we will allow you to return products in accordance with the Delivery and Returns Policy.
2.7 Where you place consecutive or separate orders for products, we cannot consolidate the orders into one. A separate delivery fee will apply to each order. Subject to any product limitation imposed by AUSREO, you can order as many products as you would like in an order up to the maximum amount (if any) as notified to you at the time of purchase.
2.8 You will be provided with an automatic order number upon submission of your order to the Reo360. The order number is required when contacting our Customer Service Team.
3. Availability
3. 1 We will endeavour to supply all products published on the Reo360 and to remove products as they become unavailable. However, we do not guarantee availability. Where a product you order is unavailable, we will notify you and give you the opportunity to cancel your order with a full refund or put the product on backorder if we are out of stock (at your election).
4. Orders
4.1 When you make an order, you are offering to enter into an agreement to purchase the products set out in your order. Unless you are purchasing on account, or as otherwise agreed, you must pay for the products in full, including any applicable delivery costs, at the time of checkout.
4.2 By completing an order on Reo360, you agree to provide complete and accurate information as to enable the processing and delivery of your order. AUSREO will not be liable to you for any loss you or any third party suffer in connection with a delay or failure to process, fulfil or deliver products to you (or your nominated recipient) due to inaccurate or incomplete information provided by you.
4.3 We may cancel your order prior to delivery for any reason, including if:
(a) your order does not meet the minimum or maximum order value (if any) we set from time to time;
(b) there is a problem with your order, such as an issue concerning price or availability, or insufficient payment or delivery details;
(c) we are unable to supply the product to you within a reasonable time frame;
(d) your payment has been dishonoured or reversed; or
(e) we determine the risk of payment fraud to be too high.
4.4 In the event that we cancel your order, we will notify you within 5 business days after the placement of the order and will provide you with a full refund (if applicable).
4.5 After you have completed the checkout process on Reo360, we will send you an email confirming the details of your order and a receipt for the relevant products you have purchased. We will send you a confirmation email once your products have been dispatched, which will also include details of the estimated time for delivery.
5. Payment
5.1 Unless otherwise agreed, you must pay us:
(a) the price notified to you at the time of submitting your order, or otherwise agreed between you and AUSREO following your order; and
(b) the delivery fee (if any) and any other fees or taxes notified to you at the time of submitting your order, or otherwise agreed between you and AUSREO following your order.
5.2 We use Shopify as our preferred third party payment gateway to process payments for purchases made on Reo360. While we take all reasonable precautions, we cannot guarantee the security of any transaction.
5.3 You represent and warrant that all details you provide to us for the purpose of purchasing the product from us will be correct and that the credit or debit card, or account or other payment method used is your own, or is one that you are authorised to use for that purpose, and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
5.4 You will receive a confirmation of your order by email once payment in respect of your order has been processed. If you have made a purchase on account, you will also receive a tax invoice by email in respect of your order.
5.5 If your payment is dishonoured or reversed for any reason after it has been submitted but before the product has been dispatched, you must immediately make payment again. We reserve the right to delay processing your order or dispatching the product until we receive full payment.
6. Delivery and returns
6.1 Our Delivery and Returns Policy, as amended by AUSREO from time to time, is incorporated into these Terms and Conditions and applies to all products purchased on Reo360. To the extent of any inconsistency between these Terms and Conditions and our Delivery and Returns Policy, these Terms and Conditions will take priority.
6.2 If we are unable to deliver your products in accordance with the delivery instructions notified by you at the time of order, including in circumstances where there are restrictions on access to the delivery address, or where it is unsafe or impractical to make delivery, we will contact you to make alternative delivery arrangements. You must pay all costs associated with redelivery.
6.3 Upon delivery, you must inspect the products and check that the products match your order. If there is damage to a product during transit, please contact our Customer Service Team on 1300 287 736 or email us via info@ausreo.com.au.
6.4 If products are missing from your order, or the products are not as ordered, you may return the products to us in accordance with our Delivery and Returns Policy. Any products replaced under the Delivery and Returns Policy due to being faulty, damaged or incorrect will be delivered to you free of charge.
7. Risk and title
7.1 Risk and title in products purchased on Reo360 passes to you on the date and time the products are dispatched by us.
8. Promotions and discounts
8.1 You may receive online offers and promotions from us from time to time which include a promotional or coupon code (Code) for use when shopping at AUSREO. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your order. Any Code is non-transferable and may not be used in conjunction with any other offer.
8.2 Additional promotional terms and conditions may apply to the use of the offer or promotion.
9. General liability
9.1 Except to the extent prohibited by law, we will not be liable for any Consequential Loss howsoever arising (including negligence) that results from the use of, or the inability to use, Reo360 or any loss or transmission of any confidential or sensitive data or information.
9.2 Subject to clause 9.4, we exclude any and all liability to you howsoever arising (including negligence) for:
(a) Consequential Loss;
(b) losses that you suffer or incur relating to any interruption in the operation of Reo360;
(c) losses that you suffer or incur as a result of our breach of these Terms and Conditions to the extent that our breach is caused by an event or circumstances beyond our reasonable control;
(d) actions taken in relation to these Terms and Conditions in accordance with our obligations at law or any order issued by a court of law or relevant government authority, whether directly or indirectly arising in connection with Reo360.
9.3 Subject to clause 9.4, the liability of AUSREO for any loss or damage, howsoever arising (including negligence) suffered by you in connection with these Terms and Conditions or your use of products purchased via Reo360 is limited, in aggregate, to:
(a) the amount paid by you for the order to which the claim relates; or
(b) if the claim does not relate to an order, the total amount paid by you to AUSREO in connection with Reo360 in the 12 months preceding the date of the event or series of connected events giving rise to the claim.
9.4 Clauses 9.1, 9.2, and 9.3 do not apply to:
(a) our liability to you for losses that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law; or
(b) the extent that they would cause us to contravene a law or cause the applicable clause to be void or unenforceable.
9.5 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
10. Liability under the Australian Consumer Law
10.1 If the Australian Consumer Law applies to any of the goods or services we provide to you under these Terms and Conditions, our liability to you for loss that you suffer or incur relating to our failure to comply with any consumer guarantee set out in the Australian Consumer Law is limited to (at our election):
(a) in the case of the services, the re-supply of the services or the payment of the cost of having the services supplied again; and
(b) in the case of the goods, replacing those goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of the goods.
11. Indemnity
11.1 You shall be strictly liable to AUSREO for, and shall indemnify, defend and hold AUSREO and its directors, employees, contractors, agents and representatives harmless from and against any losses, claims or other damages it may incur as a result of any breach of these Terms and Conditions by you.
12. Privacy
12.1 We will handle your personal information in accordance with our Privacy Policy, as amended by AUSREO from time to time.
12.2 You must only provide us with the personal information of another person, such as the delivery address of another person, if you have obtained the consent of that person.
13. Confidentiality
13.1 You acknowledge and agree that information relating to the function or operation of Reo360 and associated Intellectual Property Rights, screen or menu hierarchies, techniques, algorithms, know-how, current and future, relating to Reo360 other than information that is known publicly (Confidential Information) is confidential information of AUSREO. You agree to keep confidential all Confidential Information and not to use the Confidential Information except to the extent necessary to use Reo360 in accordance with these Terms and Conditions.
14. Intellectual Property Rights
14.1 All Intellectual Property Rights in material on Reo360, including the text, information, graphics, logos, design, layout, downloads, videos, pricing, products and services (Content) is owned by or licensed to AUSREO. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or copies of the Content supplied to you for any purpose, without our prior written consent, or as permitted by law.
15. Third party websites
15.1 We may provide links to third party websites, resources or services on Reo360. These links are provided for your convenience only and we are not responsible for the availability of websites or resources offered by third parties. We do not endorse or accept responsibility for the content of such external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk.
16. Term
16.1 These Terms and Conditions are binding on you from the date that you first access, use or register for Reo360 and continue until terminated in accordance with these Terms and Conditions.
17. Termination and suspension
17.1 We may, acting reasonably, suspend your Reo360 account, for a reasonable period until the issue has been resolved, for any of the following reasons:
(a) to comply with our obligations under any applicable laws, or where requested by law enforcement or other government agencies;
(b) your non-payment of amounts owing to us;
(c) your fraud or suspected fraud; or
(d) where unexpected technical or security issues or problems arise.
17.2 Where possible, we will give you reasonable notice of the suspension, however this may not be possible in all circumstances.
18. Consequences of termination
18.1 If you breach any of these Terms and Conditions, or if your Reo360 account is terminated for any reason, then in addition to any other rights we may have:
(a) you will not be able to purchase products on Reo360; and
(b) we may retain records relating to your Reo360 account in accordance with general legal and accounting requirements.
19.1 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
20. Waiver
20.1 A failure or delay by AUSREO to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by AUSREO does not preclude its future exercise or the exercise of any power or right.
21. Governing law and jurisdiction
21.1 These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.
22. Definitions
22.1 In these Terms and Conditions, unless the context requires otherwise:
(a) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the fair trading legislation.
(b) Consequential Loss means:
(i) loss or corruption of data, loss of opportunity, loss of revenue, loss of profits, loss of contract, loss of business, loss of production and loss of goodwill; and
(ii) any punitive, exemplary, indirect or consequential loss.
(c) Intellectual Property Rights includes all copyright, trade mark, design, patents and other proprietary rights, and any rights to registration of such rights existing anywhere in the world, whether created before or after the date of these Terms and Conditions (as applicable), but excludes moral rights.
23. Interpretation
23.1 The following rules of interpretation apply unless the context requires otherwise:
(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
(b) a reference to these Terms and Conditions or another document includes any variation, novation, replacement or supplement to any of them from time to time;
(c) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
(d) specifying anything in these Terms and Conditions after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary; and
(e) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
The Terms and Conditions were last updated 19 May 2021.