Website Terms of Use

Welcome to the Ripper Rentals website. Ripper Rentals Web site at www.ripperrentals.com.au is a shopping website where you can browse, select, and order products from Ripper Rentals. In these Terms of Use, a reference to Ripper Rentals is a reference to Silkroute Australia ATF Taluja Puri Family Trust trading as Ripper Rentals (ABN 25 762 634 874) and its related bodies corporate from time to time. By using the Ripper Rentals website you agree that your use of the Ripper Rentals website is subject to these Terms of Use.  Please read them carefully. Ripper Rentals may from time to time amend these Terms of Use without prior notice.

Ripper Rentals reserves the right to, at any time:

  • amend, update, change or remove any part of this website;
  • suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or
  • stop or suspend the operation of this website.

General Disclaimer 

You acknowledge and agree that:

  • this website and its contents are provided to you on an “as is” basis;
  • information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and
  • any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

Except to the extent required by law:

  • Ripper Rentals makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties about the operation or availability of this website or the information, content or materials included on this website are excluded; and
  • Ripper Rentals is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. 

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Mode of Access

To use this website, you will need internet access, devices and systems which are compatible with this website.  It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time).  Ripper Rentals has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

Third-Party Websites

This website may contain links to third party websites.  Those links are provided for convenience only and may not remain current or be maintained.  Ripper Rentals is not responsible for the content or privacy practices associated with linked websites.  It is your responsibility to read and understand the terms and conditions applicable to any such websites.  Ripper Rentals will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive.  Ripper Rentals uses cookies to gather data about this website.  You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties.  Except to the extent otherwise required by law, Ripper Rentals will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

Notice and Takedown Procedure

If you find content on this website that you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at info@ripperrentals.com.au. In the email please specify the following information:

  • your name;
  • your address;
  • your phone number;
  • your email address;
  • information to allow us to find the relevant content on this website;
  • a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
  • where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of Victoria, Australia.  Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Ripper Rentals makes no representation or warranty that the content of this website complies with the laws of any country outside Australia.  If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

Terms and Conditions of Sale

1. About Ripper Rentals

(1) Your purchase of goods from www.ripperrentals.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and the Returns, Refund and Repair Policy. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Silkroute Australia Pty Limited ATF Taluja Puri Family Trust ABN 25 762 634 874 (trading as Ripper Rentals) (“us”, “our”, “we”, “Ripper Rentals”), carries on business from the website.

(3) You and Ripper Rentals may enter into a sale contract for the sale and supply of products, by you making an offer to Ripper Rentals via the website, to purchase goods at the specified price, subject to these Terms.

 (4) In these terms:

– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.

– a reference to a “third party” in these terms includes a reference to any agent or contractor of Ripper Rentals, or any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or the fulfilment of orders made through the website, and includes any of them.

– a reference to the “websites” means www.ripperrentals.com.au

– “Order” means an offer made by you in response to an invitation to treat made by Ripper Rentals via the website or an Email.

2. User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

 

3. Legal Capacity

(1) You must be eighteen (18) years of age or over to purchase products from the website.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with Ripper Rentals about these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and Ripper Rentals for the supply of products.

(3) Ripper Rentals reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Ripper Rentals may suffer as a result of a transaction entered into by a minor.

4. Orders

(1) We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Representations of products for sale made by Ripper Rentals via the website do not constitute an offer to sell but an invitation to treat.

(3) You and Ripper Rentals may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i) placing an electronic Order for the products using the website; 


(ii) you confirming the Order details by the procedure on the website; 


(iii) you making payment in full (plus any applicable delivery charges) on the website; and 


(iv) the acceptance of that offer by Ripper Rentals.

(4) Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

(5) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(i) any requirements set out in these terms have been met; 


(ii) the electronic instruction containing the offer from you enters and is recorded in our database; 


(iii) a record is created and stored in our database; and 


(iv) Ripper Rentals receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(6) You acknowledge that:

(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Ripper Rentals for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems; 

(ii) to the extent permitted by law, Ripper Rentals is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason; 

(iii) Ripper Rentals may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and 

(iv) Ripper Rentals may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(7) You will receive an email from Ripper Rentals as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our customer service team via email or telephone.

(8) If your Order is not accepted by Ripper Rentals, Ripper Rentals will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(9) Ripper Rentals may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(10) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Ripper Rentals cannot supply a particular product, Ripper Rentals will notify you by telephone or email as soon as possible.

(11) Ripper Rentals will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on the collection of your Order from a Ripper Rentals collection store/centre.

5. Price

(1) Prices shown are in Australian dollars. Prices may not include delivery and handling charges. Prices are subject to change.

(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Ripper Rentals.

(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(4) We reserve the right to correct any errors published on the website.

6. Payment

(1) All payments must be made in full before delivery.

(2) Payments must be made via the secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

7. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Ripper Rentals, Ripper Rentals will sell and supply the products to you as shown on your order confirmation.

(2) Products may not be available for immediate delivery. Ripper Rentals will endeavour to deliver your order to you within ten (10) days of the date you placed your order.

(3) When you complete your order you will be prompted to put in the delivery address and we will deliver the product to the address specified by you. We do not offer pick-ups as we are an online store only.

(4) Other than in respect of Orders for regional or remote areas, if Ripper Rentals gives you notice that it will be unable to deliver your order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Ripper Rentals will arrange for a full refund of any payment made by you to be processed.

(5) Delivery times may be greater than 10 business days for regional or remote areas.

8. Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On receipt of your Order by Ripper Rentals, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your order.

(4) If you Order large or bulky items, Ripper Rentals will contact you by telephone or email to arrange with you a suitable time for delivery.

(5) You will be required to be available in person to accept delivery of your Order.

(6) If you wish to change the delivery date or delivery address you must contact the customer service team and inform them at least 48 hours before the dispatch of your order.

(7) Ripper Rentals will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however, Ripper Rentals does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

 (8) You must advise at the time you place your order via the website or later when you discuss delivery with Ripper Rentals, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(9) Ripper Rentals cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.

9. Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

10. Online Payments & Credit card fraud

(1) To the extent permitted by law, Ripper Rentals will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or any other form of electronic payment account is fraudulently used or is used in an unauthorised manner.

11. Disclaimer and Indemnity

(1) To the extent permitted by law, Ripper Rentals and it’s related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(i) errors, mistakes or inaccuracies on the website;

(ii) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(iii) personal injury or property damage of any kind resulting from your access or use of the website;

(iv) any unauthorised access to or use of the websites secure servers;

(v) any interruption or cessation of transmission to or from the website;

(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(vii) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Ripper Rentals and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Ripper Rentals and it’s related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.

12. Order Enquiries

If you have any query about the progress of your order please contact our Customer Service Team and have your Order number handy as shown on the email confirmation.

13. Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:

– (a) rights under our Refund, Returns and Repair Policy

– (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

– (c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2) If your order arrives damaged, please contact our customer service team. 

14. Privacy and Personal Information

(1) Our Privacy Policy available on this website explains how your personal information is collected and managed by the Australian Privacy Principles in the Privacy Act 1988.

(2) The privacy of your personal information is important to Ripper Rentals.

(3) Ripper Rentals and its third parties may collect personal information directly from you when you place an order, or when you contact our customer service team. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Ripper Rentals and it’s related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Ripper Rentals and/or its third party may use your email address to send you messages for any Orders you place and information about the products sold via the website that Ripper Rentals thinks may be of interest to you. If you would prefer not to receive promotional or other material from Ripper Rentals or its third parties, please let us know and Ripper Rentals will respect your request. You also agree that Ripper Rentals may contact you by telephone to arrange the delivery of your order.

(6) You may request Ripper Rentals to remove your personal information from its database by emailing the customer service team.

(7) For further details about Ripper Rentals’ privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our customer service team.

15. Force Majeure

Ripper Rentals will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

16. Governing Law

(1) These terms will be governed by and interpreted by the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Ripper Rentals makes no representations that the content of the website complies with the laws of any country outside Australia.

17. Severability

If any part of these terms is found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Ripper Rentals.

18. Transfer and Assignment

If Ripper Rentals merges, sells or otherwise change control of its business or this website to a third-party, Ripper Rentals reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Ripper Rentals has collected from you and any agreements it has made with you

19. Waiver

The failure by Ripper Rentals to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Ripper Rentals.

20. Manufacturer’s Offers

All Manufacturer’s Offers including but not limited to cashback, store credit and product accessories advertised on Ripper Rentals and elsewhere are at the sole discretion of the manufacturer. The manufacturer reserves all the rights to honour these offers. Ripper Rentals is not liable for any offer not honoured. Please read the terms and conditions of the offer and discuss with the manufacturer before purchasing.