Terms and Conditions

This document sets out the terms and conditions (Terms) on which the products advertised and sold on www.rorty.net (Products) are sold to you by Atkinson Race Technology Pty Ltd, ABN 58111395254, trading as Rorty (Rorty, we, us); and the terms on which you (you) use www.rorty.net (Site) and clubRorty (clubRorty). You must not use the Products, Site or clubRorty other than in accordance with these Terms.

This document applies, and must be read, in its entirety. No part may be applied or separated from the whole.

Terms are Legally Binding

These Terms form a legally binding contract between you and Rorty, the owner of Rorty, rorty.net, rorty.net.au, rorty.com.au, rorty.club, Rorty-Design, rorty-design.com and atkinsonracetechnology.com.

In return for you agreeing to these Terms (including the payment terms and included Policies), we agree to sell the Products to you and allow you to use www.rorty.net and clubRorty.

By indicating agreement to the Terms, you accept these Terms and agree to be legally bound by them. If you do not agree to these Terms, we cannot sell the Products to you.

No order will be binding on us until accepted by us. An individual contract for the supply of Products, on the Terms, is formed on acceptance by us of an order from you. We reserve the right to accept any order in whole or in part. Where we make a part delivery of any order, delivery will constitute a separate contract. No order may be cancelled or varied after acceptance by us.

Liability Terms

Important: If you do not agree to the following liability terms, we cannot sell the Products to you.

Subject to this clause, you agree that we have no liability to you whatsoever in relation to the Products.

You agree to waive any claims against us, and our directors, officers, employees, agents, subcontractors and service providers, and you release each of us and them from any liability to you in relation to the Products and their use.

We expressly exclude any liability, representation or warranty in relation to the Products, and in particular we expressly exclude any liability, representation or warranty in relation to the quality, standard, fitness or merchantability of the Products.

If this contract contains a term implied by law, and that term cannot be lawfully excluded, then our liability for breach of that term is limited (if lawful to do so) to providing the relevant Products again.

In no event will we, our directors, officers, employees, agents, subcontractors and service providers, be liable for any loss or damage (including consequential or indirect loss or damage or loss of profits, or income) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by us or our failure to comply with the Terms.

You indemnify us and keep us indemnified against any claims made by any third person in connection with the Products and against all losses, costs, demands, expenses and liabilities whatsoever arising out of or referable to any circumstances which would not have arisen but for your breach of these Terms or negligence.

This indemnity is a continuing obligation separate and independent from your other obligations under this contract and survives the termination of this contract. It is not necessary for us to incur any expense or make payment before enforcing this indemnity.

Governing Law

The Terms are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that State.

No Waiver

The failure by us to exercise, or any delay in exercising, any right, power or privilege available to it under the Terms will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

Risk

Ownership of the Products does not pass to you until you have discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to us. Risk in the Products will pass on delivery to you.

Intellectual Property Rights

We own all of the copyright and other intellectual property rights in the Products. You must not copy, reproduce, broadcast, publish, transmit or communicate all or any part of the Products.

We grant you a non-exclusive, non-transferable licence to use the Manuals, Plans and Downloadable Items comprising the Products for the purpose of building a single version of the design specified in the Product for recreational use only. If you choose to take advantage of our refund policy (see below) this licence automatically terminates at the date and time that you request us to make a refund.

We reserve the sole right to make any and every financial gain from the Products (including any resulting part, vehicle or derivative).

Product Use and Warranty

Rorty Products are designed and/or manufactured and/or supplied without specific intent or purpose of application. As Rorty Products are used in situations not specified or controlled by us, no specific use is recommended, intended or contemplated. Some environments may subject components to severe stress, and because components are affected by many forces beyond the foreseeability and control of Rorty, you, the user and/or installer make the sole determination of their suitability for use for the intended purpose or application.

Rorty products are sold without warranty, expressed or implied. No warranty or representation is made as to the product’s ability to protect the user from any injury or death. The user assumes that risk.

Payment Terms

You agree to pay us for the Products in accordance with the rates and charges which appear on the Site.

You agree that all payments made to us in relation to the Products are final and irrevocable, will have been entirely earned by us on the date of payment.

Goods and Services Tax (GST)

Rorty is registered under the A New Tax System (Australian Business Number) Act 1999 (Cth), and is registered under the GST Law.

The prices of goods and services listed on the Site are expressed as being GST exclusive, with an additional amount noted being the GST consideration. The GST consideration is calculated by multiplying the GST Rate by the GST exclusive price.
For all customers with an Australian shipping address, the total price is the GST consideration in addition to the GST exclusive price. For customers with a shipping address outside of Australia, the total price will be the GST exclusive price. This calculation will be detailed during the checkout process based on the shipping address provided by you.
In this Agreement, “Taxable Supply”, and “GST Rate” have the meaning attributed to it in the GST Law.

Payment Methods

Credit Card
We accept Credit Card payments through PayPal for Australian and International transactions.

PayPal
We accept PayPal for Australian and International transactions.

Wire Transfer/Direct Deposit
For high value orders we may accept wire transfer/direct deposit, please contact us.

Shipping and Delivery

Manuals, Plans and Downloadable Items

Delivery – Manuals, Plans and Downloadable Items

After ordering on the Site you will be taken through our online payment and automated download system. Once payment has been confirmed by the system, a link will be provided for downloading of your purchased items. This link will remain active for a period of 72 hours (3 days) from the payment date and time, and allows for 2 download attempts. You will be required to be a ClubRorty member when purchasing so it is possible to log in to Rorty.net and download your items should you miss the return link from the payment system.

You will require an internet connection and web browser for the download process. You will require a portable document format (PDF) reader to view the files once downloaded. Depending on the size of the files they may be compressed (zipped) for downloading.

Cancellations, Returns and Refunds – Manuals, Plans and Downloadable Items

Within 10 days of your purchase, if you are not 100% satisfied with the manual or plans you have downloaded, simply email the files to [email protected] with your order number and a breif explaination of the reason for your return and receive a 100% refund. We are confident in the quality of our plans and manuals and trust you will see the value they offer. We will action the refund (through PayPal) within 10 business days of you returning the files to us and confirming that you have deleted all digital copies and destroyed all physical copies made.

Physical Items

After ordering on the Site you will receive an email confirmation from Rorty containing your order details. We will normally confirm receipt of your order within a few minutes after ordering.

Lead Time – Physical Items
In order to keep costs as low as possible, we do not carry large amounts of stock. For certain items there will be a lead time for manufacturing. Where possible we will indicate this lead time along with product information on Rorty.net.

For items not manufactured by Rorty, the lead time will be dependent on the manufacturer or supplier.

Any significant variations to the estimated lead time will be communicated to you by email following your order.

Cancellation and Returns – Physical Items
Any order cancellation must occur within 24 hours of the time of ordering or a cancellation fee may apply.

Within 10 days of receiving your purchase, if you are not 100% satisfied with the items, simply email [email protected] with your order number and a breif explaination of the reason for your return and receive a 100% refund of the purchase price (excluding shipping). We are confident in the quality of our products and trust you will see the value they offer. We will action the refund (through PayPal) within 10 business days of receiving and inspecting the returned items. Items must be received in as new condition. Return shipping is your responsibility.

Any order cancellation must occur within 24 hours of the time of ordering or a cancellation fee of 50% will apply.

Dispatch, Delivery and Insurance – General

We will attempt to send your products within 3 working days subject to the lead time specified. We make every effort to dispatch as quickly as we can, however our delivery times are estimates only and are governed by the shiping company. Estimated delivery times are to be used as a guide only and commence from date of dispatch.

Shipping and delivery is the responsibility of the company contracted for this service and not Rorty. We expressly exclude liability for late deliveries, loss or damage relating to a delivery, including any consequential loss. For all orders requiring shipping we provide the option of insurance against loss or damage. Insurance is with the company contracted for the shipping service and not Rorty.

In all instances, please ensure the correct delivery address and contact details are provided.

If an order is refused or returned to us due to inaccurate or incorrect address information or because it was declined or undeliverable, Rorty reserves the right to retain the original shipping/handling fee and to charge the payment method originally used for costs we incur related to the return of the undeliverable packages or merchandise to us.

Shipping Time and Cost – Australia

Australia Post standard parcel post is the chosen postal service for all Rorty sales unless specified. For Australian delivery allow approximately 1-5 working days, subject to location. Tracking information will be provided where available. Standard shipping charges will be detailed during the checkout process. For estimated delivery times please visit Australia Post via http://auspost.com.au/parcels-mail/delivery-areas.html

Oversize or over weight items may be shipped by an alternative method by quotation only. Expedited shipping is also available by quotation only.

Delivery – International

We deliver worldwide.

Shipping fees are calculated on a combined basis of weight, value (for insurance purposes), and destination. Rorty offers Australia Post shipping by economy sea mail or Australia Post Airmail / Express post. Items in excess of 20kg will be sent either as multiple packages or by a selected courier service. Delivery costs will be calculated once we receive the delivery address you provide – this cost will be added to your order at checkout or by specific quotation. International freight is calculated in Australian dollars per delivery. You may view this delivery cost during the checkout process.

Oversized items that don’t fit parcel services standards will be shipped via an international freight forwarder via Port to Port, Door-to-Airport or Door-to-Door service, depending on your location. The carrier will contact you to inform you of your delivery method. Such shipments will be subject to quotation and customer acceptance prior to processing.

Shipping and delivery is the responsibility of the company contracted for this service and not Rorty. We expressly exclude liability for late deliveries, loss or damage relating to a delivery, including any consequential loss. For all orders requiring shipping we provide the option of insurance against loss or damage in your freight quote. Insurance is with the company contracted for the shipping service and not Rorty.

In all instances, please ensure the correct delivery address and contact details is provided.

Shipping Times – International

Shipping times are subject to variability internationally. Australia Post economy sea mail has an estimated delivery time of 2-3 months and does not provide a tracking option. Australia Post Airmail and Express Post have an estimated delivery time of 3-10 days and may provide a tracking option depending on the service selected. Alternative or expedited shipping method delivery times will be provided during quotation of these options.

Larger items shipped by alternative methods are estimated at 6-12 weeks Australia to USA subject to customs clearance and other administrative requirements.

Duties and Taxes – International

Customs policies vary from country to country. You may be subject to relevant overseas customs duties and/or other taxes that you may incur and these are payable by you. We suggest you check with your local customs office for further information.

In general a shipping agent will contact you once your goods have landed. This agent can process your items and have them delivered to you for a fee or alternatively you can process the items yourself. Rorty are not responsible for any delays caused by destination customs clearance processes.

Can you Deliver to Multiple Addresses?

No, we are unable to split shipments to alternative addresses. You will need to create multiple orders if you wish to send to more than one address. We do on occasion consolidate shipping to certain countries such as the USA. This is undertaken by arrangement only and is subject to a sufficient volume of orders. Please contact us with your enquiry.

Privacy Policy

Your privacy is important to us. We strive to exceed your expectations for privacy.

What information do we collect?

We collect information from you when you register on our Site, with clubRorty or place an order.

When ordering or registering on our Site or clubRoty, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To personalise your experience (your information helps us to better respond to your individual needs)
To improve our website and clubRorty (we continually strive to improve our offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other Site feature
To send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Cross-border shipments are subject to inspection by customs authorities. We may also be called upon to provide certain order, shipment, and product information to our international carriers. Carriers may communicate such information to customs authorities for the purpose of facilitating customs clearance and compliance with local laws.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Do we use cookies?

Yes (cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information).

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Policy Only

This online privacy policy applies only to information collected through the Site and not to information collected offline.

Your Consent

By using the Site, you consent to our Privacy Policy.

International Pricing Disclaimer

The price displayed on the Site is in Australian Dollars.

We do not guarantee the accuracy, reliability, or completeness of the foreign currencies information provided on the Site. It is provided to you for general information purposes only. The final amount shown in your cart is in Australian Dollars. The product price does not include customs, duties and/or taxes. Your credit card company may charge you a conversion fee. We will charge your credit card in Australian Dollars. Likewise, refunds will be issued in Australian Dollars. The refund amount may be more or less than the purchase price due to fluctuation in exchange rates.

Updates to these Terms

We may update these Terms from time to time, and the updated Terms apply on and from the time they appear on the Site.