Terms of Service

Last updated: 28-07-2026

1. About These Terms

This website and online store are operated by Omnino-IT  trading as Radley Goods (“Radley Goods,” “we,” “us,” or “our”).

Our contact details are:

Legal entity: Omnino-IT

Trading name: Radley Goods

Registered address: M.A. de Ruyterstraat 3, 7556 CW Hengelo

Email: info@radleygoods.com

Registration number: 93893523

These Terms of Service (“Terms”) govern your access to and use of radleygoods.com, including any purchases made through the website and any related services, features or content collectively referred to as the “Service.”

The terms “you” and “your” refer to any person who accesses the website, creates an account, places an order or otherwise uses the Service.

By accessing the website, placing an order or using the Service, you agree to these Terms and the policies incorporated into them, including our:

·      Privacy Policy;

·      Shipping Policy;

·      Returns and Refunds Policy; and

·      any additional policies displayed during checkout.

If you do not agree to these Terms, you must not use the Service.

Our store is hosted by Shopify Inc., which provides the e-commerce platform through which we offer our products and services.

2. Australian Consumer Law

If you are a consumer located in Australia, these Terms are subject to the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified.

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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any voluntary return policy, product guarantee, satisfaction guarantee or commercial warranty offered by us applies in addition to, and does not replace, your rights under the Australian Consumer Law.

References in these Terms to exclusions, disclaimers, limitations of liability, return restrictions or other limitations apply only to the maximum extent permitted by law.

3. Eligibility

By using the Service, you confirm that:

1.        you are at least the age of majority in your place of residence;

2.        you have legal capacity to enter into a binding agreement; or

3.        where permitted by law, you have the consent of a parent or legal guardian.

You must not use the Service for any illegal or unauthorised purpose.

You must comply with all laws applicable to your use of the Service, including consumer, intellectual property, privacy, export control, sanctions and online conduct laws.

4. Our Business and Fulfilment Model

Radley Goods operates as an online retailer.

Some or all products may be stored, packaged and shipped directly to you by third-party manufacturers, wholesalers, fulfilment centres or logistics providers located outside Australia.

Accordingly:

·      products may be dispatched from different locations;

·      products in the same order may arrive separately;

·      packaging may identify a third-party supplier, warehouse or carrier;

·      international tracking may not update continuously;

·      dispatch and delivery times may vary between products;

·      product packaging may differ from packaging shown in promotional material; and

·      returns may need to be sent to a designated return facility rather than the address shown on the original parcel.

Radley Goods remains the seller in relation to purchases made through our website. Our use of third-party suppliers or fulfilment providers does not exclude any responsibility that cannot lawfully be excluded.

You must not return a product to the sender address shown on the parcel unless we have expressly instructed you to do so.

Unauthorised returns may be refused or may result in additional processing or redirection costs, except where this would conflict with applicable consumer law.

5. Product Information

We take reasonable steps to ensure product descriptions, photographs, specifications, sizing information, materials and other information are accurate.

However, to the maximum extent permitted by law:

·      colours may appear differently depending on your screen, lighting or device;

·      product dimensions may be subject to reasonable manufacturing tolerances;

·      minor product details, packaging or finishes may change;

·      photographs may include props or accessories that are not included;

·      products may appear larger or smaller than their actual size; and

·      information supplied by manufacturers or suppliers may contain errors.

You are responsible for reviewing the complete product description, specifications, measurements, warnings and suitability information before ordering.

Minor variations that do not materially affect the product’s identity, function, quality or advertised characteristics will not necessarily constitute a defect.

Nothing in this section limits your rights where a product is materially different from its description, sample, demonstration model or representation.

6. Product Use and Suitability

Unless expressly stated otherwise, products are intended for ordinary personal and household use only.

You are responsible for determining whether a product is suitable for your individual circumstances, intended use and any relevant health, safety, age, compatibility or environmental requirements.

You must:

·      read all instructions and warnings before use;

·      use products only for their intended purpose;

·      follow applicable care and maintenance instructions;

·      supervise children where appropriate;

·      stop using a product if it appears damaged or unsafe; and

·      seek appropriate professional advice where the product relates to health, fitness, treatment, safety or specialised use.

Information on our website is provided for general informational purposes only. It is not medical, health, therapeutic, legal, financial or other professional advice.

Unless expressly stated and lawfully supported, our products are not intended to diagnose, treat, cure or prevent any disease or medical condition.

We are not responsible for loss arising from misuse, unauthorised modification, failure to follow instructions, normal wear and tear or use of a product for a purpose for which it was not designed, except to the extent liability cannot lawfully be excluded.

7. Availability

All products are subject to availability.

Placing an item in your cart does not reserve it.

We may limit quantities, restrict sales by person, household, payment method, delivery address, geographic region or jurisdiction where reasonably necessary.

A product may become unavailable after you place an order because of inventory errors, supplier stock changes, fulfilment problems or circumstances beyond our reasonable control.

If we cannot supply an ordered product, we may:

1.        cancel the affected product and issue a refund;

2.        offer a suitable alternative, subject to your acceptance; or

3.        contact you to agree another reasonable solution.

We will not substitute a materially different product without your agreement.

8. Prices and Currency

Prices displayed on the website may be shown in Australian dollars or another selected currency.

The final amount payable will be displayed at checkout.

Unless expressly stated otherwise:

·      prices include any taxes we are legally required to collect at checkout;

·      shipping charges are calculated separately;

·      duties, import taxes or local handling fees may apply where they are not collected at checkout; and

·      currency conversions may be performed by Shopify, your payment provider or your financial institution.

Your bank or payment provider may apply foreign exchange fees, international transaction fees or other charges. These charges are imposed by third parties and are not controlled by us.

We may change prices at any time before an order is accepted.

Price changes do not affect orders we have already accepted, except where there is an obvious and genuine pricing error.

9. Orders and Contract Formation

Submitting an order constitutes an offer to purchase the products listed in the order.

An automated order confirmation acknowledges that we received your order. It does not necessarily mean that we have accepted it.

A binding sales contract is formed when we:

·      confirm that the order has been accepted;

·      begin processing or fulfilment; or

·      dispatch the product,

whichever occurs first.

We may reasonably refuse or cancel an order before dispatch where:

·      a product is unavailable;

·      payment is declined, reversed or suspected to be unauthorised;

·      we identify an obvious pricing, description or technical error;

·      the order is suspected to involve fraud, abuse, resale or unlawful conduct;

·      the delivery address is incomplete, invalid or unsupported;

·      fulfilment would breach applicable law, sanctions or carrier restrictions;

·      the customer has materially breached these Terms; or

·      we are otherwise legally entitled to do so.

If we cancel an order after receiving payment, we will refund the affected amount to the original payment method unless another method is agreed or required by law.

We may contact you to verify your identity, payment information or order details before accepting or dispatching an order.

Failure to provide requested verification may result in cancellation.

10. Billing Information

You agree to provide accurate, current and complete billing, contact and delivery information.

You must promptly update your information where it changes.

You are responsible for checking that:

·      your name is correct;

·      your email address is accessible;

·      your telephone number is valid;

·      your delivery address is complete;

·      apartment, unit or business details are included;

·      postcode and state information are correct; and

·      any delivery instructions are accurate.

We are not responsible for delays, failed deliveries, losses or additional costs caused by incorrect or incomplete information supplied by you, except where we caused or contributed to the error or liability cannot lawfully be excluded.

11. Payment

Payment must be made using a payment method available at checkout.

By submitting payment information, you confirm that:

·      you are authorised to use the selected payment method;

·      the information provided is accurate;

·      sufficient funds or credit are available; and

·      you authorise us and our payment processors to charge the total amount shown at checkout.

Payment processing is provided by third-party payment providers.

We do not generally receive or store your complete card details.

Payments may be subject to additional terms imposed by the relevant payment provider.

Where a payment is reversed, disputed, charged back or found to be unauthorised, we may suspend fulfilment, cancel the order or seek recovery of amounts lawfully owed.

Nothing in this section prevents a customer from making a legitimate payment dispute or exercising statutory consumer rights.

12. Order Changes and Cancellations

We begin processing orders as soon as reasonably possible.

Requests to amend or cancel an order are not guaranteed.

Once an order has entered fulfilment or been transmitted to a supplier, warehouse or carrier, it may no longer be possible to change or cancel it.

You should contact info@radleygoods.com immediately if you need to request a change.

Where we cannot cancel an order before fulfilment, you may need to receive the product and follow the applicable return procedure.

Any change-of-mind return remains subject to our Returns and Refunds Policy.

This does not limit any right to cancel or obtain a remedy under applicable law.

13. Shipping and Delivery Estimates

Shipping and delivery information is governed by our Shipping Policy.

Dispatch and delivery timeframes displayed on our website are estimates unless we expressly state that a delivery date is guaranteed.

Estimated delivery periods may begin after processing and dispatch, rather than on the date the order was placed.

Delivery may be affected by:

·      supplier processing times;

·      carrier capacity;

·      customs inspections;

·      border restrictions;

·      public holidays;

·      peak sales periods;

·      weather events;

·      industrial action;

·      natural disasters;

·      incorrect delivery information;

·      remote delivery locations;

·      security screening;

·      carrier disruptions; or

·      other events outside our reasonable control.

We do not guarantee delivery by a particular date unless expressly confirmed in writing.

However, we will not accept payment if we know, or should reasonably know, that we cannot supply the product within the promised timeframe or, where no timeframe is promised, within a reasonable time.

Where there is a substantial delay, contact us so that we can investigate and provide any remedy required by applicable law.

14. Multiple Parcels

Products may be shipped separately from different suppliers or fulfilment locations.

You may therefore receive:

·      multiple tracking numbers;

·      separate parcels;

·      deliveries on different dates; or

·      only part of an order initially.

A partial delivery does not necessarily mean the remaining products are missing.

You should review all tracking information and allow the stated delivery period for each parcel before reporting an item as missing.

15. Delivery, Authority to Leave and Risk

Where available, you may authorise a carrier to leave a parcel without obtaining a signature.

If you provide an authority-to-leave instruction, you accept the risk of loss, theft, exposure or damage after the parcel has been left in accordance with that instruction, except where the carrier or Radley Goods failed to follow reasonable instructions or liability cannot lawfully be excluded.

Risk in a product passes to you when:

·      the product is delivered to you;

·      the product is delivered to a person you nominated;

·      the product is left at the delivery address in accordance with your authority; or

·      the product is collected from a designated collection point by you or your representative.

Legal title passes after full payment and delivery.

Nothing in this section excludes liability for goods lost or damaged before delivery where that liability cannot lawfully be excluded.

16. Incorrect Addresses and Failed Delivery

You are responsible for providing an accurate and accessible delivery address.

Where a parcel cannot be delivered because of an incorrect address, refused delivery, failure to collect, unavailable recipient or other circumstance caused by you, we may require payment of reasonable redelivery or recovery costs before reshipping.

If a parcel is returned to a supplier or fulfilment centre, we may:

·      arrange redelivery at your cost;

·      issue a refund less reasonable non-recoverable costs, where permitted by law; or

·      provide another reasonable solution.

We will not deduct costs where the failed delivery was caused by us, our supplier or the carrier, or where doing so would conflict with applicable law.

17. Tracking and Delivered Parcels

Tracking information is supplied by third-party carriers and may be delayed, incomplete or inaccurate.

A tracking status marked “delivered” will not automatically prevent us from investigating a genuine non-delivery claim.

If tracking shows delivery but you cannot locate the parcel, you must first reasonably check:

·      the delivery address;

·      entrances and safe locations;

·      household members;

·      neighbours;

·      building reception;

·      local collection points; and

·      any delivery photograph or carrier notification.

You must notify us within a reasonable period after the expected delivery date so that an investigation can be opened.

We may request reasonable evidence or cooperation, including confirmation of the delivery address, completion of a non-receipt declaration or cooperation with a carrier investigation.

Fraudulent non-delivery claims may be reported to payment providers, carriers or law-enforcement authorities.

18. Customs, Duties and Import Restrictions

Products may be shipped internationally.

You are responsible for ensuring that ordered products may lawfully be imported, possessed and used at the destination address.

Where taxes, duties or import charges are not collected at checkout, the recipient may be responsible for them.

Customs authorities may inspect, delay, seize, reject or return a parcel.

We are not responsible for delays caused solely by customs or border authorities.

Where a parcel is rejected or returned because the customer failed to pay properly disclosed import charges or because the product is prohibited due to circumstances specific to the customer’s jurisdiction, we may deduct reasonable unrecoverable costs from any discretionary refund, to the extent permitted by law.

This section does not apply where we made a misleading representation about the product’s location, origin, import status or total price, or where the product could not lawfully be supplied by us.

19. Returns and Change of Mind

Change-of-mind returns are governed by our Returns and Refunds Policy.

We may impose reasonable conditions on voluntary change-of-mind returns, including requirements relating to:

·      timeframes;

·      unused condition;

·      hygiene seals;

·      original packaging;

·      return authorisation;

·      return shipping costs; and

·      excluded categories.

Those conditions apply only to voluntary returns and do not restrict remedies for faulty, unsafe, damaged, misdescribed or otherwise non-compliant products.

A product is not necessarily faulty merely because:

·      you changed your mind;

·      you ordered the wrong size, colour or model;

·      the product is unsuitable for an undisclosed purpose;

·      you failed to follow instructions;

·      you damaged the product;

·      the product has experienced fair wear and tear; or

·      there is a minor variation disclosed or reasonably expected.

20. Faulty, Damaged or Incorrect Products

You should inspect products within a reasonable period after delivery.

If a product is faulty, unsafe, damaged in transit, materially different from its description or incorrect, contact info@radleygoods.com and provide:

·      your order number;

·      a description of the issue;

·      clear photographs or video where reasonably necessary;

·      photographs of the packaging where relevant; and

·      any other information reasonably required to assess the claim.

We may ask you not to discard the product or packaging while the claim is being assessed.

We may also request that the product be returned for inspection where reasonable.

Where the Australian Consumer Law applies:

·      for a major failure, you may be entitled to reject the goods and choose a refund or replacement, and may also be entitled to compensation for reasonably foreseeable loss or damage;

·      for a non-major failure, we may choose to repair the product, replace it or provide another remedy within a reasonable time; and

·      where we fail to provide a remedy within a reasonable time, you may have additional rights.

We will bear reasonable return shipping costs where required by law.

We may decline a claim where, after reasonable assessment, the issue was caused by misuse, accidental damage, unauthorised modification, failure to follow instructions or ordinary wear and tear, except where applicable law provides otherwise.

21. Refunds

Approved refunds will ordinarily be returned to the original payment method.

Processing times depend on the payment provider and financial institution.

Shipping charges will be refunded where required by law.

For voluntary change-of-mind returns, original shipping charges and return costs may be non-refundable where clearly disclosed and permitted by law.

We may withhold a refund until we have received the returned product or sufficient evidence that it has been sent, except where doing so would be unreasonable or unlawful.

We will not impose processing, restocking, inspection or administration fees on remedies required under the Australian Consumer Law.

22. Accounts

You may be able to create a customer account.

You are responsible for:

·      maintaining the confidentiality of your login credentials;

·      restricting access to your account;

·      ensuring information remains accurate;

·      notifying us of suspected unauthorised access; and

·      activity conducted through your account where you authorised or negligently enabled that activity.

We may suspend or close an account where we reasonably believe it has been compromised, used fraudulently or used in breach of these Terms.

We are not liable for account loss caused by your failure to secure your credentials, except to the extent we caused or contributed to the loss or liability cannot lawfully be excluded.

23. Reviews, Comments and Submissions

You may submit reviews, comments, photographs, videos, suggestions or other content.

You retain ownership of your content.

By submitting content, you grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, edit, adapt, publish, translate, distribute and display that content for operating, marketing and improving Radley Goods.

This licence continues for as long as reasonably necessary for those purposes, subject to applicable privacy and consumer laws.

You confirm that:

·      you own or control the necessary rights;

·      your content is accurate and based on genuine experience where presented as a review;

·      your content does not infringe another person’s rights;

·      your content is not defamatory, deceptive, unlawful, threatening, abusive or obscene;

·      your content does not contain malicious code; and

·      you have obtained consent from identifiable persons appearing in submitted content.

We may moderate or remove content where reasonably necessary, but we are not obliged to monitor all user content.

We will not knowingly manipulate reviews in a misleading manner.

24. Intellectual Property

All website content, including text, branding, logos, graphics, photographs, videos, product presentation, layouts, software and design elements, is owned by or licensed to Radley Goods and is protected by applicable intellectual property laws.

We grant you a limited, revocable, non-exclusive and non-transferable licence to access and use the website for personal, non-commercial shopping purposes.

You must not, without our prior written consent:

·      reproduce or commercially exploit website content;

·      copy our branding or product presentation;

·      scrape or extract website data;

·      reverse engineer website software;

·      frame or mirror the website;

·      use automated systems to place orders or collect data;

·      remove ownership notices; or

·      use our intellectual property in a misleading manner.

This section does not restrict rights that cannot lawfully be restricted.

25. Prohibited Conduct

You must not use the Service:

·      for unlawful or fraudulent purposes;

·      to infringe intellectual property or privacy rights;

·      to submit false information;

·      to impersonate another person;

·      to transmit malware or harmful code;

·      to interfere with website security or operation;

·      to scrape, crawl or mine data without permission;

·      to harass, threaten or abuse others;

·      to place orders using stolen payment details;

·      to make fraudulent refund, non-delivery or chargeback claims;

·      to evade product limits;

·      to resell products where expressly prohibited; or

·      to assist another person in doing any of the above.

We may restrict access or cancel affected orders where we reasonably believe prohibited conduct has occurred.

26. Third-Party Services and Links

The Service may include tools, applications, payment services, tracking services, social media integrations or links provided by third parties.

Third-party services may be subject to separate terms and privacy policies.

We do not control third-party websites and are not responsible for their content, security, availability or independent conduct.

Use of an optional third-party service is at your own risk.

However, nothing in this section excludes responsibility for a third party acting on our behalf where that responsibility cannot lawfully be excluded.

27. Website Availability

We aim to keep the website operational, but we do not guarantee that it will always be uninterrupted, timely, secure or error-free.

We may suspend, withdraw, modify or restrict website access for maintenance, security, operational or legal reasons.

To the maximum extent permitted by law, we are not liable for losses arising solely from temporary website unavailability, failed transmissions, compatibility problems or technical interruptions that were outside our reasonable control.

This section does not permit us to avoid obligations relating to an accepted and paid order.

28. Errors and Corrections

Website content may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, shipping charges, delivery times or availability.

We may correct genuine errors and update information.

If an error materially affects an order already placed, we will notify you as soon as reasonably possible and may:

·      honour the order as placed;

·      offer the corrected terms for your approval; or

·      cancel the affected item and provide a full refund.

We will not rely on this section arbitrarily, unreasonably or in a misleading manner.

29. No General Professional Advice

Website content is provided for general information.

Unless expressly agreed in writing, nothing on the website constitutes medical, therapeutic, nutritional, safety, legal, tax, financial or other professional advice.

You should obtain appropriate professional advice before relying on information where your circumstances require it.

This section does not exclude liability for misleading representations or other liability that cannot lawfully be excluded.

30. Disclaimer of Warranties

Except for rights, guarantees and warranties that cannot lawfully be excluded, the Service and website are provided on an “as available” basis.

To the maximum extent permitted by law, we do not make additional representations or warranties that:

·      the website will meet every individual requirement;

·      website access will always be uninterrupted;

·      all non-material errors will be corrected immediately;

·      third-party services will remain available;

·      products will be suitable for an undisclosed or unusual purpose; or

·      product appearance will be identical on every device.

This disclaimer does not exclude consumer guarantees relating to products purchased from us.

31. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies liability, rights or remedies that cannot lawfully be excluded, restricted or modified.

In particular, nothing in these Terms excludes or limits:

·      rights under the Australian Consumer Law;

·      liability for fraud or fraudulent misrepresentation;

·      liability for wilful misconduct;

·      liability for death or personal injury caused by negligence where it cannot lawfully be excluded;

·      liability for reasonably foreseeable loss resulting from a failure to comply with a consumer guarantee; or

·      any other liability that cannot lawfully be excluded.

Subject to the preceding paragraph and to the maximum extent permitted by law, Radley Goods will not be liable for:

·      indirect or consequential loss;

·      loss of profit, revenue, business, opportunity, goodwill or anticipated savings;

·      loss arising from business or commercial use of a consumer product;

·      loss caused by misuse, unauthorised modification or failure to follow instructions;

·      loss caused by inaccurate information supplied by you;

·      loss caused solely by an independent event outside our reasonable control;

·      loss caused by unauthorised use of your account or payment method where we did not cause or contribute to that use; or

·      loss that was not reasonably foreseeable when the relevant contract was formed.

Where liability may lawfully be limited, our aggregate liability arising from a particular order will be limited to the greater of:

1.        the amount paid for the product giving rise to the claim;

2.        the cost of resupplying or replacing that product; or

3.        the minimum amount required by applicable law.

Where the Australian Consumer Law permits liability for failure to comply with a consumer guarantee to be limited, our liability may, at our option, be limited to one or more of the following:

·      replacing the goods or supplying equivalent goods;

·      repairing the goods;

·      paying the cost of replacing the goods or acquiring equivalent goods; or

·      paying the cost of having the goods repaired.

This limitation applies only where legally permitted and does not apply to goods ordinarily acquired for personal, domestic or household use or consumption where the law prohibits such limitation.

Each limitation in this section is intended to operate independently.

32. Events Outside Our Reasonable Control

We are not responsible for delay or failure caused by an event outside our reasonable control, including:

·      natural disasters;

·      severe weather;

·      war, terrorism or civil unrest;

·      epidemics or pandemics;

·      government action;

·      border closures;

·      customs action;

·      labour disputes;

·      carrier network failures;

·      internet or infrastructure outages;

·      supplier facility closures;

·      transport disruption; or

·      shortages of materials or transport capacity.

This section does not remove any right to a refund, cancellation or other remedy that applies under mandatory law.

We will take reasonable steps to minimise the effect of such events and communicate material delays where reasonably practicable.

33. Indemnity

To the maximum extent permitted by law, you agree to indemnify Radley Goods against direct losses, liabilities and reasonable external costs arising from:

·      your fraudulent or unlawful use of the Service;

·      your intentional infringement of another person’s rights;

·      content submitted by you that unlawfully infringes third-party rights;

·      your wilful misconduct; or

·      a material breach of these Terms that directly causes us loss.

You will not be required to indemnify us to the extent that the claim or loss was caused or contributed to by Radley Goods, our employees, contractors, suppliers or service providers.

This indemnity does not apply to ordinary consumer complaints or the legitimate exercise of consumer rights.

34. Privacy

Our handling of personal information is governed by our Privacy Policy.

By using the Service, you acknowledge that personal information may be processed by Shopify, payment providers, fulfilment partners, suppliers, carriers, analytics providers and other service providers where reasonably necessary to operate the store and fulfil orders.

Where information is transferred internationally, we will handle it in accordance with applicable privacy laws and our Privacy Policy.

35. Electronic Communications

You consent to receiving transactional communications electronically, including:

·      order confirmations;

·      payment notices;

·      dispatch notifications;

·      tracking information;

·      customer-service communications;

·      policy notices; and

·      legally required disclosures.

Marketing communications will be sent only in accordance with applicable law.

You may unsubscribe from marketing messages using the method provided in the communication.

Unsubscribing from marketing does not prevent us from sending necessary transactional messages.

36. Suspension and Termination

You may stop using the Service at any time.

We may suspend or terminate your access where we reasonably believe that:

·      you materially breached these Terms;

·      your account is being used fraudulently;

·      your conduct creates a security or legal risk;

·      you abused our staff or systems;

·      payment remains lawfully due; or

·      suspension is required by law.

Termination does not affect rights and obligations that arose before termination.

Provisions that by their nature should survive termination will continue, including provisions relating to payment, intellectual property, liability, indemnity, disputes and governing law.

37. Changes to the Service

We may modify, suspend or discontinue website features or unpaid services from time to time.

We will not rely on this right to avoid fulfilling an accepted paid order or providing a remedy required by law.

Where we discontinue an ongoing prepaid service before the end of the paid period, we will provide an appropriate refund or alternative remedy unless the discontinuation resulted from your material breach.

38. Changes to These Terms

We may update these Terms from time to time.

Updated Terms will take effect when published unless a later date is stated.

Changes apply prospectively and will not materially alter the terms governing an order already accepted, unless:

·      required by law;

·      necessary to address fraud or security risks;

·      the change does not disadvantage you; or

·      you expressly agree.

The “Last updated” date at the top identifies the latest version.

39. Complaints and Dispute Resolution

Contact us first at info@radleygoods.com if you have a complaint.

Your complaint should include:

·      your name;

·      order number;

·      a clear description of the issue;

·      the resolution requested; and

·      relevant supporting information.

We will attempt to resolve complaints in good faith.

Nothing in this section prevents either party from exercising any right or remedy available under applicable law.

Australian consumers may contact the consumer protection agency in their state or territory, the Australian Competition and Consumer Commission or an applicable court or tribunal.

You are not required by these Terms to:

·      arbitrate a dispute outside Australia;

·      waive a right that cannot lawfully be waived;

·      abandon access to a court or tribunal with jurisdiction; or

·      pay unreasonable dispute-resolution costs.

Any arbitration may occur only where both parties voluntarily agree after the dispute has arisen.

40. Governing Law and Jurisdiction

These Terms and any contract formed through the website are governed by the laws of the Netherlands, subject always to any mandatory laws that apply to the consumer.

If you are located in Australia, nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law, any other mandatory Australian law, any right or remedy that cannot lawfully be excluded, restricted or modified, or the jurisdiction of any Australian court or tribunal that has jurisdiction.

A dispute may be brought before any court or tribunal having jurisdiction under applicable law. Nothing in these Terms requires an Australian consumer to bring a claim exclusively in the Netherlands or prevents an Australian consumer from seeking assistance from an Australian consumer protection body.

41. Severability

If any provision of these Terms is invalid, illegal or unenforceable, that provision will be interpreted or reduced to the minimum extent necessary to make it enforceable.

If it cannot be made enforceable, it will be severed.

The remaining provisions will continue in effect.

42. No Waiver

A failure or delay in exercising a right does not waive that right.

A waiver is effective only if given in writing and applies only to the specific circumstances for which it was given.

43. Assignment

You may not transfer your rights or obligations under these Terms without our written consent.

We may transfer our rights or obligations to a related company or purchaser of our business, provided the transfer does not materially reduce your rights.

Any transfer remains subject to applicable consumer law.

44. Entire Agreement

These Terms and the policies incorporated into them constitute the entire agreement between you and Radley Goods concerning the Service and purchases made through the website.

They supersede prior communications concerning the same subject matter.

Nothing in this section excludes liability for misleading or fraudulent representations or limits rights that cannot lawfully be excluded.

45. Interpretation

Headings are included for convenience only and do not affect interpretation.

Words such as “including” and “includes” mean “including without limitation.”

A reference to a law includes amendments, replacements and subordinate legislation made under that law.

Where there is a conflict between these Terms and a mandatory law, the mandatory law prevails.

Where there is a conflict between these Terms and a product-specific written term shown before purchase, the product-specific term applies to the extent of the conflict, unless doing so would reduce mandatory consumer rights.

46. Contact Information

Questions, complaints and legal notices concerning these Terms should be sent to:

Radley Goods

Operated by: Omnino-IT

Email: info@radleygoods.com

Address: M.A. de Ruyterstraat 3, 7556 CW Hengelo

Registration number: 93893523