1. Collecting personal information
The types of personal information we collect include contact details such as name, email, phone and mailing address. If it is reasonable and practical to do so, we will collect personal information directly from you in order for you to join our loyalty program. This will include contact details and other information relevant to providing services to you. This may take place in a number of ways, such as via your use of our Site or when you purchase in store.
Contact Us Forms
When you complete a contact us form on our website you are asked to provide certain information about yourself. This information includes your name*, address, email address*, phone number, fax number and your comments*. We use this information to assist your enquiry and learn more about our audience, so we can provide you with the content and feedback information most relevant to you. Once you submit a contact us form on our website you are not anonymous to us.
We may also collect personal information from third parties such as your representatives or publically available sources of information. All personal information that we or our related bodies corporate or franchisees collect, is reasonably necessary for the purposes relating to providing our goods and services to our clients.
If someone other than you provides us with personal information about you that we did not ask for, and we determine that we could have collected this information from you had we asked for it, we will notify you, as soon as practicable. This notice will be given unless to do so would be in breach of an obligation of confidence. If we could not have collected this personal information, we will lawfully de-identify or destroy that personal information.
Sensitive Information as defined in the Privacy Act 1988 (Cth) includes information about a person‘s race or ethnic origin; political opinions or membership of a political association; religious beliefs or affiliations; philosophical beliefs; professional or trade association membership or trade union membership; sexual preference or practices; criminal record or health information.
We will not collect or disclose sensitive information about a person unless that person has consented, the collection is required by law, or the collection is necessary to prevent or lessen a serious and imminent threat to life or health of that person.
Exceptions to this include where you have given express consent to us to do so and the information is reasonably necessary for us to carry out our functions or activities.
We will not collect personal information unless the information is reasonably necessary for or directly related to one, or more of our functions or activities. If we are unable to collect personal information we reasonably require, we may not be able to do business with you or the organisation with which you are connected.
How to contact us
When you visit the Site the server may attach a "cookie" to your computer's memory. A “cookie” assists us to store information on how visitors to the Site use it and the pages that may be of most interest. This information may be used to provide users of your computer with information that we think may interest the users of your computer. However, this information is not linked to any personal information you may provide and cannot be used to identify you. If you choose, you should be able to configure your computer so that it disables “cookies” or does not accept them.
3. Use and disclosure of information
We may use personal information about you for the primary purpose of providing you with our services, and for which you would reasonably expect us to use that information, including sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We may use any email address or other personal information you provide to us at any time for this purpose.
We may provide certain information about you including your personal information to our related bodies corporate.
4. Direct marketing
We may use personal information about you for the primary purpose of providing you with our goods and services, and for other purposes that which you would reasonably expect us to use that information. This includes sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. You authorise us to use any email address or other contact information you provide to us at any time for this purpose.
You can, at any time, opt out of receiving marketing material by contacting us. You agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are legally required to send you relating to the services we provide. Once you opt out of receiving marketing material from us, you agree and acknowledge that this removal from our distribution lists may take several business days after the date of your request to be removed.
5. Accuracy of your information
We take all reasonable steps to ensure that your personal information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your personal information is not accurate, up-to-date, complete, relevant and not misleading, please contact us (see below) and we will take all reasonable steps to correct it within a reasonable time.
6. Third Parties and your information
7. Disclosure of Information Overseas
8. Your consent
9. Storage and security of Personal Information
We have put in place steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure by use of various methods including firewalls, pass worded access and encryption software.
If we no longer need your personal information, unless we are required under Australian law or a court or tribunal order to retain it, we will take reasonable steps to destroy or de-identify your personal information in accordance with our document retention policy.
11. Access to information we hold about you
Should you wish to access, update or correct personal information supplied to us. You may email us at email@example.com. There is no cost to request or update your information but we may charge you a reasonable fee to cover our costs in locating and extracting that information to supply it to you.
You have the option to either not identify yourself or to use a pseudonym when you contact us, unless it is impracticable for us to communicate with you in that manner or unless we are required or authorised under Australian law, or a court or tribunal order, to deal with individuals who have identified themselves.
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
The following Trading Terms & Conditions (Trade Terms) relate to the sale and delivery of product from RCG Brands Pty Ltd (“RCG”).
For the purposes of these Trade Terms a reference to “goods” is a reference to the product, goods or stock sold or delivered by RCG to the Retailer
In these Terms, unless the context otherwise indicates:
(a) Change of Control means a change in power to exercise or control the right to vote attached to 50% or more of the issued shares in the Retailer;
(b) Goods means all goods offered for sale by RCG;
(c) GST has the meaning given in the A New Tax System (Goods and Service Tax) Act 1999;
(d) Perfect has the same meanings as given under the PPSA;
(e) PPSA means the Personal Property Securities Act 2009 (Cth);
(f) RCG means RCG Brands Pty Ltd ACN 125 433 972 of 719 Elizabeth Street, Waterloo, NSW 2017;
(g) Retailer means the person purchasing the Goods from RCG;
(h) Sale Price means the amount on RCG’s tax invoice for Goods including freight costs (if any) and GST;
(i) Security Interest has the same meaning as given under the PSSA; and
(j) Terms means these Terms of Trade as amended from time to time.
2.1 These Terms apply to every order for Goods placed by the Retailer with RCG.
2.2 These Terms will apply to the exclusion of any terms of the Retailer.
2.3 If there is an inconsistency between these Terms and another document provided by and signed by RCG in relation to the supply of goods to the Retailer or to a specific order, the other document will prevail to the extent of the inconsistency.
3. Credit Application
3.1 RCG may only supply Goods once a credit application has been completed, signed by the Retailer and approved by RCG.
3.2 The granting of credit is entirely at RCG’s discretion and RCG may withdraw or vary credit at anytime.
4. Price and Payment
4.1 Sale Prices are subject to change without notice.
4.2 The Sale Price must be paid in full by the Retailer to RCG within 30 days of the end of the month in which RCG’s tax invoice is issued.
4.3 All applicable taxes and duties on the sale of Goods and freight charges (if any) are payable by the Retailer at the time of payment of the invoice. GST at the prevailing rate will be specified in the invoice.
4.4 If the Retailer fails to pay any of the Sale Price by its due date then:
(a) RCG may charge interest on any overdue amount at the greater of 12% per annum or 3% per annum above Westpac Banking Corporation’s Business Overdraft Rate from time to time, calculated and payable daily; and
(b) the Retailer must pay to RCG all costs and expenses (including legal costs on an indemnity basis) incurred by RCG in the recovery or attempted recovery of any overdue amounts.
4.5 The Retailer must not make any deduction, set-off or counterclaim from the Sale Price.
5.1 RCG will bear the cost of delivering Goods to the Retailer on orders for more than 2 units that have a Sale Price of more than $200.00.
The Retailer will bear the cost of orders that do not meet this threshold.
5.2 RCG may refuse or cease supply to any Retailer at any time without cause.
5.3 RCG will endeavour to comply with the Retailer’s reasonable order specifications and meet the delivery dates and instructions requested by the Retailer. However if there:
(a) are minor variations to Goods from changes to the manufacturing process or specifications; and/or
(b) is any delay of delivery or failure to meet delivery instructions for any reason, the Retailer will not be entitled to claim compensation from RCG or to cancel or rescind the order.
5.4 RCG is not be liable for loss resulting directly or indirectly from RCG’s failure to supply Goods where:
(a) RCG has insufficient goods to fulfil the order;
(b) the Goods ordered have been discontinued; or
(c) RCG has determined, in its absolute discretion, that credit or Goods should no longer be extended to the Retailer.
5.5 If an event occurs that is beyond the reasonable control of RCG and results in RCG being unable to observe or perform an obligation under these Terms on time (including acts of God, natural disaster, war, malicious damage, strikes, fire, shortages of raw materials or transport or import restrictions) RCG will have no obligation to deliver Goods and while the circumstances continue RCG may cancel or rescind all or any part of an order or keep the order on hold.
6.1 Risk in Goods passes on the earlier of delivery to the Retailer or collection by the Retailer’s agent or courier.
6.2 If RCG accepts the return of any Goods in accordance with these Terms, risk in those Goods reverts to RCG on delivery of the Goods to RCG or collection by its agent or courier.
6.3 Upon receipt or delivery of the goods, the Retailer must ensure that the goods are insured until RCG has been paid in full under these Trade Terms (and provide proof of such insurance cover immediately upon request by RCG to do so).
7. Risk and Title
7.1 RCG retains ownership of, or title in, all goods supplied by it and reserves the right to dispose of the goods until such time as payment in full is made for all amounts owing by the Retailer to RCG under these Trade Terms is discharged.
8. Security Interest
8.1 For value received or to be received the Retailer grants to RCG a security interest in all goods supplied or any after-acquired goods (inventory) and their proceeds. The security interest secures the due and punctual payment of all moneys payable under these Trade Terms. Any account arising by virtue of a sale of any goods supplied takes effect as a transfer.
8.2 The security interest created by these Trade Terms is a continuing security and is a first ranking purchase money security interest in respect of the goods as inventory.
8.3 These Trade Terms take effect from the date of signing of the Application as a security interest and are a security agreement within the meaning of the Act.
8.4 The Retailer agrees that RCG may register a financing statement including any financing change statement on the register.
8.5 The Retailer waives its rights to receive a copy of any verification statement in respect of the security interest provided for by these Trade Terms. Version 0213 5
8.6 The Retailer agrees to immediately reimburse RCG for all costs (including legal costs), expenses and other charges incurred, expended or payable by RCG in relation to the filing of a financing statement, or a financing change statement or releasing the security interest created by these Trade Terms.
8.7 The Retailer acknowledges that it is not the owner of the goods and as such if chapter 4 of the Act applies to these Trade Terms, RCG and the Retailer contract out of the enforcement provisions in section 115(1) of the Act.
8.8 The Retailer irrevocably authorises RCG and any of its lawful agents, at any reasonable time, to enter into its premises or any premises occupied by the Retailer and re-take any goods sold supplied under these Trade Terms and then re-sell those goods and retain the proceeds of the sale without prejudice to its rights to claim the balance of all moneys due under these Trade Terms. The Retailer indemnifies and agrees to keep RCG indemnified in respect of any such entry.
8.9 The provisions of this clause survive the termination of these Trade Terms and shall carry on for the benefit of RCG
8.10 For the purposes of this clause:
(a) Act meaning the Personal Property Securities Act 2009 (Cth).
(b) Account, financing statement, financing change statement; inventory, proceeds, purchase money security interest, register, security interest and verification statement have the meanings given to them in the Act.
8.11 Notwithstanding this clause 8, the Retailer may sell the goods to a third party in the ordinary course of its business of selling goods of the kind supplied by RCG and deliver them to that party provided that:
(a) where the Retailer is paid by the third party and RCG has not been paid by the Retailer for the goods pursuant to these Trade Terms, the Retailer holds the whole of the proceeds of sale on trust for RCG and must pay such proceeds into a special bank account into which no other moneys other than proceeds of sale by the Retailer of RCG goods are be deposited and which shall incorporate as part of the title of the account “Proceeds of sale of RCG goods”;
(b) where the Retailer is not paid by that third party, and RCG has not been paid by the Retailer for those goods the Retailer agrees, at the option of RCG, that RCG may collect that account on giving the Retailer notice in writing to that effect. RCG shall be entitled to issue proceedings in the name of the Retailer against the third party for recovery of that account for the benefit of RCG; and
(c) The Retailer shall keep full and complete records of goods it has purchased from RCG including details of the date, price and identity of the goods.
9. Cancellation of Orders
9.1 Once orders are placed by the Retailer and accepted by RCG they may only be cancelled with the written approval of RCG.
9.2 RCG is under no obligation to approve a cancellation of an order.
9.3 If RCG accepts the cancellation of an order, RCG will be entitled to charge a reasonable fee for the cost of any work, disbursements, cancellation fees of third parties, materials and/or any administrative costs incurred by RCG up to cancellation.
10. Return of Goods
10.1 The Retailer must inspect the Goods immediately upon delivery or collection by its agent or courier.
10.2 Claims regarding the quality, nature, fitness or conformance with the description of the Goods must be made in writing to RCG
within 14 days of delivery or Goods are deemed to be accepted by the Retailer.
10.3 RCG may authorise the Retailer to return disputed Goods for inspection. RCG will not accept returns of Goods without prior written authorisation.
10.4 If returned Goods are found to be faulty, RCG will bear the freight costs for their return. If the Goods are not faulty or where the return has not been previously authorised by RCG, the Retailer will bear the freight costs for their return.
10.5 Disputed Goods will only be accepted for inspection if they are in the original packaging, in the order and condition that they were when delivered to the Retailer, and accompanied by documentation showing:
(a) the Retailer’s name, address and account number;
(b) RCG’s invoice number;
(c) the reason for the return; and
(d) RCG’s return authorisation reference.
10.6 If a claim under clause 10.2 is justified and made in accordance with these Terms, RCG may at its option:
(d) reduce the Sale Price of the Goods by agreement with the Retailer;
(e) accept the return of the Goods and, subject to the Goods being returned in the same condition as they were when delivered to the Retailer, refund to the Retailer the Sale Price; or
(f) replace the Goods,
and no additional claims for loss of any nature whatsoever may be made by the Retailer against RCG.
10.7 This clause 10 will not affect the rights of the Retailer’s customers under Sale of Goods or other applicable legislation to return Goods where faults are discovered after purchase of the Goods from the Retailer.
11. Modification to Goods
The Retailer may not alter, remove or obliterate any labels or otherwise modify the Goods.
12. Change of Ownership
12.1 The Retailer must give written notice to RCG at least 7 days before any Change of Control of the Retailer or sale of the Retailer’s business.
12.2 A new Credit Application must be completed and approved by RCG before RCG will accept orders from a new owner of the business or from the Retailer after a Change of Control.
13. Limitiation of Liability
13.1 RCG excludes all statutory or implied terms and warranties to the maximum legal extent and, to the extent that terms and warranties cannot be so excluded, RCG limits its liability under them to (at RCG’s election):
(a) the replacement of the Goods or the supply of the equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or requiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired.
13.2 RCG is not liable to the Retailer under these Terms for any:
(a) losses of an indirect or consequential nature; or Version 0213 6
(b) to the extent not already covered in clause 1.1(a), loss of profit, sales, turnover, reputation, retailers, goodwill, anticipated savings, opportunities or loss in connection with another contract.
14.1 If the Retailer breaches any of these Terms, the Retailer will be liable to and indemnifies RCG against all costs, charges and expenses incurred by RCG as a consequence of that breach including but not limited to all legal costs, charges and expenses incurred and calculated on a solicitor/own client basis.
15. Suspension or termination
15.1 RCG may cease accepting orders from any Retailer at any time.
15.2 Without prejudice to any of its other rights, RCG may suspend deliveries, require payment in advance of delivery or terminate any or all of the Retailer’s orders by written notice to the Retailer if the Retailer:
(a) defaults on any payment under these Terms;
(b) being a natural person commits and act of bankruptcy;
(c) being a corporation is subject to:
i. a petition being presented, an order being made or a meeting being called to consider a resolution for the buyer to be wound up, deregistered or dissolved;
ii. a receiver, receiver and manager or administrator under the Corporations Act 2001 being appointed to all or any part of the Retailer’s property and undertaking;
iii. the entering of a scheme of arrangement (other than for the purpose of restructuring); or
iv. any assignment for the benefit of creditors.
Any notice by one party to the other will be effective if served personally, by fax, email or pre-paid post to the registered office of a party or its last known place of business. The notice will be deemed to have been received within 2 business days of posting or immediately if served personally or by fax or email.
17. Other Covenants
17.1 RCG may at any time after giving at least fourteen (14) days notice in writing to the Retailer vary these Terms. The Terms as varied will not apply to any sale already in existence at the date of change. These Terms may only be varied in writing signed by RCG.
17.2 A party's failure or delay to exercise a power or right does not operate as a waiver of it. The exercise of a power or right does not preclude its exercise in the future or the exercise of any other power or right.
17.3 Any provision of these Terms that, by its nature, is intended to survive termination of these Terms will continue to operate after the supplier/retailer relationship of the parties is terminated.
17.4 If any provision of these Terms is found to be invalid or unenforceable then it is deemed to be severed and the remainder of these Terms shall remain valid and enforce.
17.5 The Retailer may not assign these Terms except with the prior written consent of RCG.
17.6 Unless otherwise agreed in writing RCG and the Retailer acknowledge that these Terms constitute the entire agreement between them in relation to its subject matter. All representations, communications, and prior agreements are superseded by these Terms.
17.7 The laws of the State of New South Wales govern these Terms and the parties submit to the nonexclusive jurisdiction of the Courts of that State and Courts able to hear appeals from them.
18.1 Each party must keep the contents of these Terms and the commercial dealings between them confidential, and may not disclose any such information to any other person without the written consent of the other party unless any such disclosure is:
(a) Required by law;
(b) Required by application of the listing rules of any relevant stock exchange; or
(c) Is made to solicitors, barristers or other professional advisors under a duty of disclosure.