Terms of service
TERMS AND CONDITIONS
PURCHASES
You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.
You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, REALIST is not obliged to re-send the order to the correct address at our own expense.
PURCHASE PRICE
All prices quoted on the Website are in Australian Dollars (AUD) and include GST, unless otherwise stated. Costs relating to international orders will be calculated at checkout.
We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.
PAYMENT
REALIST accepts payment via the methods displayed at checkout. After you make payment for your order, we will email you a confirmation, which confirms receipt of your order.
SECURITY
We recognise that protection of your payment information is important. We do not store your credit card details at any time. Payments are processed securely through Shopify's payment systems.
CONSENT
By agreeing to these Terms, you consent to receive further electronic communications from us relating to the REALIST business, including information on products, drops, promotions and other commercial messages. You may unsubscribe from these communications at any time.
PROCESSING OF ORDERS
We process orders on business days, Monday to Friday, excluding public holidays in Queensland.
We will provide you with a tracking number once your order has shipped.
SHIPPING
See our Shipping page for delivery methods, timeframes and costs.
CANCELLATION OF ORDERS
REALIST may cancel your order if, for any reason, we are unable to provide you with the product ordered. We will contact you should this occur.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (direct or consequential) or for any loss of time or inconvenience resulting from such cancellation.
RETURN OF PRODUCTS
Any return of products to us will be governed in accordance with our Returns Policy.
TERMS OF USE
Your access to the Website is conditional on your acceptance of and compliance with these Terms, together with our Privacy Policy and Returns Policy (collectively, the "Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, it is your responsibility to periodically review the Terms of Use. You agree to be bound by any changes made from time to time.
OUR SERVICES
We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions, but cannot warrant that the Website will be available at all times.
PROHIBITED CONDUCT
In relation to the Website, you must not:
- use the Website for any activity that breaches any law or regulation, infringes a third party's rights, or is contrary to any relevant standard or code;
- post or transmit any material that interferes with other users, or that defames, harasses, threatens or offends any person;
- use the Website to send unsolicited messages;
- tamper with, hinder or modify the Website;
- knowingly transmit viruses or other harmful code via the Website; or
- attempt, facilitate or assist another person in doing any of the above.
INTELLECTUAL PROPERTY
The material on the Website, including the software, design, text, images and graphics, and the selection and layout of the Website, is owned by or licensed to REALIST and protected by Australian and international law.
Your use of the Website does not grant you any licence or right to use any trademarks or logos displayed on it without our express written permission.
We own the copyright in all creative and literary works displayed on the Website. You may view the Website using your web browser, and may make a temporary copy through the usual operation of your browser only.
You must not:
- reproduce or use any material on the Website for commercial purposes;
- modify any material on the Website; or
- frame or embed any part of the Website within another website.
In summary, you must not modify, copy, reproduce, republish, upload, post, transmit or distribute the content of the Website except as expressly authorised by us in writing.
THIRD PARTY LINKS
The Website may contain links to websites operated by third parties. We do not control these websites and are not responsible for their content. Links are provided for your convenience only and do not indicate endorsement by us. You visit third-party websites entirely at your own risk.
INDEMNITY
By using the Website, you agree to indemnify us against all actions, claims, damages, liabilities, costs or expenses arising out of or connected to your use of the Website.
DISCLAIMER
The Australian Consumer Law and other applicable consumer protection legislation may confer rights and remedies on you in relation to goods or services supplied by us which cannot be excluded, restricted or modified (your "Statutory Rights"). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
- all material on the Website is provided without warranties of any kind, express or implied;
- we do not warrant that the Website or its functions will be uninterrupted or error-free, or that the Website is free of viruses or other harmful components; and
- we do not warrant or make any representation regarding the accuracy, timeliness or completeness of your access to the Website.
To the extent permitted by law, we will not be liable for any loss, damage, cost or expense, whether direct, indirect, incidental or consequential, arising from your use of or inability to use the Website.
LIMITATION OF LIABILITY
To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option, to one or more of the following in relation to goods supplied by us:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
TERMINATION
These Terms are effective until terminated by us, which we may do at any time and without notice. On termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive.
MISCELLANEOUS
If any provision of these Terms is found to be invalid or unenforceable, that will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved. If we do not act in relation to a breach of these Terms by you, this does not waive our right to act in relation to any subsequent or similar breach.
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning these Terms.