Terms and Conditions
Online Shopping Terms & Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website and through our Customer Support Centre, and form a contract between you and RIOT CREATIVITY PTY LTD trading as Riot Art & Craft (ABN 93 652 027 999) 45-49 McNaughton Road, Clayton, Melbourne Victoria 3168 (Riot) (Terms). If you have a myaccount, you agree that these Terms (as amended from time to time) will apply to all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
Other important terms may also apply to your Order, Riot’s Privacy Policy, or specific terms for certain Goods as identified in the product description field on the Website (eg. Goods classified as dangerous goods for shipment).
Different terms apply to the purchase of Riot’s Gift Cards.
Compliance with these terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Riot for the supply of Goods.
Placing Orders for Goods
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold. You acknowledge that any products purchased under these Terms are not for re-sale.
From time to time, Riot restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
Riot will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
You agree to obtain consent to provide Riot with Personal Information of recipients of gifts or Goods Ordered by you.
You may Order from Riot if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
Riot reserves the right to accept or reject your Order for any reason at any time. If Riot rejects your Order you will receive a refund of any money paid.
Availability of Goods
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Riot Online will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7.
Riot reserves the right not to honor any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Riot Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
You acknowledge and agree that:
any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
Pricing & Payment
When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
Riot reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error). Riot are not legally obliged to honour an advertised price whereby the price displayed was genuine in error.
Riot reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Riot may do this for example, but without limitation, where:
i) Riot's suppliers are unable to supply Goods that they have previously promised to supply;
ii) an event beyond Riot's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Riot is unable to supply the Goods within a reasonable time;
iii) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
Payment methods are specified on the Website or told to you at the time you place your Order. They include credit card, PayPal or Riot Gift Card. The name on any credit card used for payment must match the name on the Order. Other methods of payment, including cash and Riot Gift Cards, can be used for In-Store Orders, but not for Orders placed through the Website or the Customer Support Centre. Cheques cannot be used as a payment method for any purchases from Riot, including Orders.
Any payment for an Order must be cleared by Riot before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Lay-by is not available for Orders.
Restricted Goods
If you Order Goods that are or contain Restricted Goods, you:
- Warrant that you are aged 18 years or over;
- Acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and
- You warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
Where Riot has reasonable grounds for believing you have not complied with the above clause, Riot may cancel your Order and refund any money paid to us in respect of your Order. Riot may, at its discretion, charge you a fee to cover its administrative costs.
Order Cancellations & Returns
Unless provided for under these Terms or as otherwise agreed by Riot, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid via the original payment method.
Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect quantity, colour etc.
Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
Riot will process any refunds within a reasonable time of agreeing to do so.
If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
Same Day Delivery Orders cannot be cancelled or changed once submitted.
If you would like to make a return under the Returns Policy please email the Customer Support Centre at support@riot.com.au
Product Recalls
If a Good is subject to a product recall, a notice will be posted in the Product Recall notice section of the Website. You can return recalled Goods as instructed in the Product Recall notice.
You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
Promotions & Discounts
You may receive online offers and promotions, whether mailed to your home or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers unless specified by Riot.
Certain offers are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to offer redemption.
All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
Privacy
Personal Information, which you provide to us during the Order process or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with Riot Privacy Policy for the purpose of processing and delivering your Order. See Riot Privacy Policy for further information on how to access or update your Personal Information.
We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
Unless otherwise indicated in your account settings or at the time you place your Order, Riot may send you marketing information
If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account.
Riot reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
Risk & Liability
Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or 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.
Riot may provide an additional warranty in addition to your Consumer Law rights and remedies. Any warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
Riot excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
You represent and warrant to Riot that Riot will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Termination
12.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
- For convenience, at any time, on giving notice to you; or
- Immediately if Riot reasonably believes that you have breached these Terms and:
- That the breach is not capable of remedy; or
If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
General
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
Riot may give notice to you by electronic mail. You may give notice to Riot by electronic mail to our Customer Support Centre via CONTACT US
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms or affect the validity or enforce ability of that provision in any other jurisdiction.
A failure or delay by Riot to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Riot does not preclude its future exercise or the exercise of any power or right.
The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Moorabbin, Victoria.
Featured Maker Terms And Conditions
If you are selected to be featured as our Featured Maker you agree to the following:
- Ensure only your artwork has submitted and you are the creator of the submission
- Do not submit any threatening, abusive, defamatory, obscene or indecent material
- Agree to have your social hooks or alternative method of contact provided for customer's who wish to purchase artwork from you
- If a customer wishes to purchase the artwork of a creator, they are responsible for making relevant communications with the seller, in order to complete the transaction. The buyer is responsible for directly making payment to the seller of the item using the method specified by the seller (for example PayPal)
- You are solely responsible for all information that you submit to Riot Art & Craft. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our Terms & Conditions
You grant Riot Creativity a perpetual, irrevocable, non-exclusive, royalty-free licence to use, disclose, show, exhibit, broadcast, transmit, print or otherwise communicate to the public the Content in any or all formats and media, as representations, reproductions or adaptations either complete or in part, alone or in conjunction with any wording or drawing or other addition, including (without limitation) on Riot's website or social media sites for any purpose, without the need for any further licence, consent or permission or payment of any remuneration, residuals, royalties or other payment.
You release and discharge Riot Creativity Pty Ltd from any and all claims, demands, causes of action that you may have now or in the future arising out of Riot's use of the Content.
You will indemnify Riot Creativity Pty Ltd personnel against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third party legal proceeding to the extent claiming that Riot's use of the Content infringes or violates the third party’s intellectual property, moral, contractual or any other rights.
Note: Artwork advertised is at the discretion of Riot Art & Craft