General Terms and Conditions
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.ryify.com.au. Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Terms and conditions for The Quantified Self Store Pty Ltd Products
These Terms and Conditions constitute a contract between the customer (You) and The Quantified Self Store Pty Ltd trading as Ryify (Australian Company Number (ACN): 611587172 and Australian Business Number (ABN): 29611587172).
- 1.1 In these Terms and Conditions We, Our or Us means Ryify; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and Ryify Products means purchased from Ryify through the website.
- 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between You and Us for the supply of Ryify Products.
- 1.3 The Agreement together with Your Order constitutes the entire agreement between you and us for the supply of Ryify Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.
2. Legal capacity
- 2.1 If you are under the age of eighteen (18) years you cannot place Orders with Ryify. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
- 3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
- 3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
- 3.3 You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
- 4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
- by agreement between you and us in writing or by email; or
- in accordance with clause 7.4.
- 4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
- 5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by us and a Purchase Contract formed under clause 6.
- 5.2 All weights and dimensions of Ryify Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
- 6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
- 6.2 Orders will be deemed to have been received by Ryify at the time Ryify sends an Order confirmation to your nominated e-mail address.
- 6.3 Ryify is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
- 6.4 Ryify reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
- 6.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. If you have received notification that your item has been processed, all refunds and cancellations are subject to the terms of Our Returns Policy.
- 6.6 Ryify does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
- 6.7 Ryify shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Ryify (or its affiliates), and Ryify shall be entitled to a reasonable extension of time for the performance of such obligations.
- 6.8 Where you have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt
- 7.1 You may provide your nominated credit card during the purchase process described on the Website.
- 7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
- 7.3 If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until Your Order has passed our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
- 7.4 Despite our best efforts, on occasion it may be possible that a small number of the products in our range may be incorrectly priced on the website. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than the stated price on the website, we will charge the lower amount and send you the product, or where the higher incorrect price has been charged, we will refund the price difference and send you the product.
8. Delivery and ownership of the goods
- 8.1 You hereby appoint Ryify as Your agent solely to engage a courier on your behalf to receive the Ryify Products at the point of dispatch or embarkation and deliver them to you. We try to ensure that all Ryify Products are delivered to your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of Ryify Products. Ryify does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the Ryify Products to You.
- 8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Ryify. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).
- 8.3 Ryify is not responsible for the delivery times of Ryify Products. Once Ryify Products have been dispatched, it is your responsibility to liaise with your courier in relation to date and time of delivery. Ryify shall not be liable for any inaccuracy of information provided to you relating to the date and time of delivery.
- 8.4 Ryify reserves the right to not ship to remote or rural locations.
9. Faulty or damaged goods
- 9.1 Ryify will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law
10. Refunds and returns
- 10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
- 10.2 All refunds may take up to 10 business days to be processed.
- 10.3 Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
- 10.4 In order to facilitate a return under the Returns Policy, please Contact Us.
- 10.5 The Customer must comply with directions from staff to facilitate a return.
- 10.6 Returned Ryify Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
- 10.7 Subject to clause 10.8, it is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
- 10.8 Where you are returning a Product to us because of our failure to comply with a consumer guarantee, you must return the Product to us at your cost unless the Product cannot be returned, removed or transported without significant cost to you because of: the nature of our failure to comply with the consumer guarantee, or the size or height, or method of attachment, of the Product. Where you are returning a Product to us, we take no responsibility for a Product lost in transit. If subsection (b) applies, we will, within a reasonable time, collect the Products at Our expense.
11.1 Each Ryify Product sold on the Website is covered by a specific warranty related to the individual product. This can be found in the product description section.
11.2 We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Product specific Warranty period. Ryify reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
11.3 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
- 12.1: To the extent permitted by law We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
13. Intellectual Property
- 13.1: We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Product specific Warranty period. Ryify reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
15. Gift Vouchers
- 15.1 Gift Vouchers & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.
- 15.2 Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.
16. Use of Ryify Products in Your jurisdiction
- 16.1 It is your responsibility to ensure that it is lawful to import the Ryify Products into Your jurisdiction and/or use them in your jurisdiction. It is your responsibility to obtain any permits for, or make any modifications to, the Ryify Products so as to enable them to be imported into or used within your jurisdiction.
- 16.2 Ryify reserves the right to make changes to the Ryify’s Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions
- 17.1 Ryify reserves the right to make changes to the Ryify’s Website and these Terms and Conditions without notice.
- 17.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
- 17.3 A failure or delay by Ryify to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Ryify does not preclude its future ability to exercise that or any other power or right.
- 17.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Ryify Products from Ryify, these terms and conditions are governed by and must be construed according to the law of Australia and the parties submit to the jurisdiction of the courts of Australia.
- 17.5 In respect of any Order, certain taxes may be levied by the destination country to which Your Ryify Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Ryify Products, you agree that you are liable to pay such taxes with respect to the Ryify Products to the relevant authority in addition to Your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Ryify Products are shipped. You agree that Ryify is not liable to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay taxes in a particular jurisdiction.
- 17.6 Title and risk in the Ryify Products pass to you at the point of dispatch or embarkation by Ryify to Your courier.
- 17.7 No Ryify employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Ryify Warranty Terms and Conditions
Standard Care Warranty Terms and Conditions
Please obtain Support via firstname.lastname@example.org for all warranty and product support requests.
These terms and conditions apply to Standard Care Warranty of products purchased from www.ryify.com.au.
In the event that you have a warranty claim in respect of a Product delivered within Australia, you will be asked to return the relevant Product to an Australian support centre.
These Terms and Conditions constitute a contract between the customer (you) and The Quantified Self Store Pty Ltd trading as Ryify (Australian Company Number (ACN): 611587172 and Australian Business Number (ABN): 29611587172), as the case may be.
These terms and conditions apply to the Warranty of Products from www.ryify.com.au.
We recommend that you keep your original product packaging if possible. In the unlikely event that you require a warranty repair and you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and Ryify accepts no liability for any damage that may occur in transit.
Ryify provides the warranties and product support set out in these Terms and Conditions in relation to Products offered and supplied by Ryify from the website.
The warranties and product support set out in these Terms and Conditions are provided by Ryify irrespective of:
the identity of the manufacturer of the Product;
whether or not the manufacturer has provided its own warranties or product support in relation to the Product.
For the avoidance of doubt:
We make no representations or warranty in relation to the existence, non-existence, validity, availability, terms or conditions of any other warranties or product support that may or may not be offered or provided by the manufacturer of the Product; and
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
- Subject to the terms and conditions set out below, Ryify agrees to repair or replace the Ryify Product which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with Ryify’s specifications during:
the Warranty period of 6 months (or as specified in the product description), commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
- The benefits provided to you by this contractual product warranty are in addition to other rights and remedies available to you under the law.
- Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under Warranty.
- Ryify requires any customer requesting service under Warranty to comply with directions from Ryify staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
- Where Products are already faulty or damaged upon delivery, photographic evidence of the damage must be submitted to Ryify via Contact@ryify.com.au before the Product will be repaired or replaced in accordance with these terms.
- Ryify reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Ryify reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Ryify will determine, in its discretion, the closest Product within the then current range of Products offered by Ryify with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of Ryify. Ryify may replace parts with refurbished parts. Replacement of the Product or a part under Standard Care Warranty or Extended Care does not extend or restart the Standard Care Warranty or Extended Care period.
If Ryify is unable to repair or replace the Product, the customer will be provided with credit for Ryify store or may be refunded the price of the Product (at Ryify’s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
- In the event that a replacement, refund, or store credit is provided as per section 6, the faulty item will become the property of Ryify.
- Where Ryify authorises warranty service of a Product, Ryify will organise for our authorised courier to pick up the Product during business hours (between 9am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely and securely packaged for safe transport. If Ryify deems it appropriate, we may alternatively supply a pre-paid postage label for the Product to be returned via our chosen carrier to the authorised repair centre. In this situation Ryify will cover the cost of transport of the serviced Product to and from the Customer. Alternately, the Customer may post the Product as directed by Ryify if Ryify specifically authorises the Customer in writing to do so, in which case Ryify will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt. Where the customer is located outside Australia, Ryify may require that the Product be sent to Australia, as directed by Ryify.
The Customer is responsible to inspect all goods received from Ryify upon arrival. In instances where goods have been damaged in transit, the Customer must report this to Ryify within 3 days of receipt of the product. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.
- Warranty of products purchased from www.ryify.com.au do not apply:
to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
to cosmetic damage, to boxes, packaging or exterior surfaces (including during transit);
to damage caused by use with another product;
to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
to damage caused by operating the Product outside any guidelines published for use;
to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Ryify
to a Product that has been modified to alter functionality or capability without the written permission of Ryify, including but not limited to installation of custom firmware or other software;
to defects caused by normal wear and tear or otherwise due to the normal ageing of the Product,
if any serial number has been removed or defaced from the Product,
if the product is stolen or Ryify reasonably believes that the product is stolen based on information provided by law enforcement authorities, or
Where proof of purchase (invoice or paid Order confirmation) cannot be provided.
- Ryify may seek reimbursement of any costs incurred by us where the
Product is found to be in good working order, or when it has been determined
that the Warranty does not apply as per section 17.
- Ryify reserves reasonable discretion to determine whether any
Product is or is not performing in accordance with the Ryify’s specifications, subject to applicable law.
- The Warranty is transferrable to a new owner of a Product originally purchased from www.ryify.com.au, provided Ryify is informed by contacting Ryify via email@example.com within 7 days of the date of transfer.
- To the full extent permitted by law, the Warranty will not apply in respect of a Product:
If the Product has not been installed, operated, maintained or used in accordance with the manufacturer’s instructions or specifications provided with the Product;
If the factory-applied serial number has been altered or removed from the Product;
Which has suffered damage, malfunction or failure resulting from alterations, any alterations (hardware or software), accident, misuse, abuse, fire, liquid spillage, miss-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to
and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
To any third-party software or hardware not contained in the Product as originally configured by the manufacturer;
To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
To replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories;
To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or;
To service of any product whilst it is outside Australia.
- To the full extent permitted by law:
Ryify will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage. Ryify’s aggregate liability in respect of all claims under Warranty shall not exceed the original purchase price of the Product or, at Ryify option, replacement of the Product with a like or similar Product. Ryify excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
- Insofar as they apply to warranties relating to Ryify Products supplied by Ryify, these Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Western Australia, Australia and the parties submit to the jurisdiction of the courts in that State.
- 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. Ryify can be contacted via the firstname.lastname@example.org.