These terms and conditions apply to the use of this website and to our online store (“Terms”). By using this website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use this website or make purchases from it.

In these Terms, references to "we", "us" and "our" are  to Fifty-Fourth Rischell Pty Ltd (ACN 007 203 232) trading as "CALIBRE" of 29-31 Simmons St, South Yarra, Victoria, Australia 3141.

1. PLACING ORDERS

By placing an order with us, you offer to purchase goods in accordance with these Terms. Orders are subject to availability and our confirmation of acceptance of your order.

To purchase goods you may either set up an account or check-out as a guest. You are responsible for ensuring the accuracy and currency of your details when doing so.  You are responsible for maintaining the security of your account details, including your password, and accept responsibility for all activities that occurs under your account with us.  When placing an order you warrant that you are an authorised user of the credit or debit card used to place the order, and that there are sufficient funds to cover the cost of the goods ordered.

Order details must be checked carefully before submitting them, as we generally do not allow cancellations or variations except as permitted under these Terms. 

We reserve the right to suspend or cancel your account without prior notice if you are in breach of these Terms.

2. CANCELLING OR AMENDING AN ORDER

Changes to an order already submitted, including changes to the items included in the order, the delivery address, or the name on order are not permitted unless we expressly agree to them. We are under no obligation to accept any request to cancel an order you have made.

Occasionally we may need to cancel an order you have placed. In such cases your payment will be refunded to your original payment method, and may take 3-5 business days to be completed.

3. PRICING AND PAYMENT

Prices shown on the website for goods exclude delivery fees (which are calculated and shown separately prior to check-out).

Where applicable, we will issue you with an Australian tax invoice once payment in respect of your order has been processed.

We may, at our discretion, agree to reduce a price of an item to “price match” in respect of a purchase you propose to make where the item is currently and demonstrably available elsewhere for a lower price. Price matching is not available in respect of products you have already purchased. 

We reserve the right to change or alter prices for goods without advance notice.  A price change will not affect a submitted order, except in the circumstances below.

Where we hold a sale, we reserve the right to end the sale at any time, but we will honour the sale prices of products already purchased prior to the end of the sale. We reserve the right to amend pricing errors that may appear from time to time due to human error or computer malfunction, including after you have made a purchase. We will notify you of such errors where the price correction has affected your purchase. If this occurs, you will have the option to confirm or cancel your order (in which case you will receive a refund).

4. GIFT CARDS

CALIBRE gift cards are sold and redeemable at www.calibre.com.au or any participating CALIBRE store (excludes CALIBRE David Jones Concession stores). You may select any merchandise up to the value of the Card or above the value, in which case you will need to make up the difference with an alternative form of payment.

Your Gift Card has a secure PIN which is under the silver scratch panel or as noted on the virtual Gift Card, which will be required for Gift Card redemption. CALIBRE Gift Cards are partially redeemable. Within the Card’s 3 year validity period, any available balance can be used for multiple purchases. However, any unused balance will be forfeited and not be refunded or credited on expiry. Defaced, mutilated, altered, lost or stolen Cards will not be replaced, refunded or redeemed. CALIBRE Gift Cards are redeemable for merchandise or services at participating CALIBRE Stores only and are not redeemable for cash. Gift Cards must be redeemed before the expiry date shown on the card and thereafter will become void and non-redeemable.

You are liable for all transactions on your Card except to the extent to which there has been fraud or negligence by us or any of our employees.

5. DISCLAIMER

The following disclaimer applies in respect of the website and its content but is not intended to limit our liability in respect of goods or services purchased through using the website (liability for which is dealt with elsewhere).

This website and its content are provided 'as is' and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute advice.

We have made every effort to display as accurately as possible the colours of our goods that appear on our website. However, as computer and other device screens vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, that your use of the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice without incurring any liability.

This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any goods or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.

6. WARRANTIES – GOODS PURCHASED

The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the goods must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for, and that the goods will correspond with any relevant description. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

7. LIMITATION OF LIABILITY

To the extent permissible at law, your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, even if we have been advised of the possibility of any such damages.

8. YOUR OBLIGATIONS

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

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 own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.

You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these Terms.

9. INTELLECTUAL PROPERTY

Copyright in materials featured or displayed on the website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only.

Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.

Except as authorised under copyright laws, you are responsible for obtaining permission before reusing any copyright material that is available on the website. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You must not remove any copyright, trade mark or other proprietary notices from material found on the website.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website , the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All of our trade marks and trade names used herein (including but not limited to the word mark "CALIBRE") are our trade marks, unless stated otherwise. Except as permitted by law you may not use our trade marks (or any deceptively similar trade marks) in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent.

The use of our trade marks (or any deceptively similar marks) on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deeplinks between the website and any other internet website, and use in any domain name, is prohibited without our express written consent.

10. RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this website.

11. PRIVACY POLICY

We undertake to comply with the terms of our privacy policy, which is provided on this website. By using this website, you acknowledge that you have read our privacy policy.

We may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive.

We do not currently require our users to register in order to access our website, but reserve the right to do so in the future. Should we implement a registration process we will comply with any privacy legislation applicable at the time in respect of your user information.

12. SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, to the extent permissible at law, any information which you transmit to us is transmitted at your own risk.

13. TERMINATION OF ACCESS

Access to this website may be terminated at any time by us without notice. Our disclaimer and limitations of liability will nevertheless survive any such termination.

14. GOVERNING LAW

These Terms are governed by the laws in force in Victoria, Australia and you and we submit to the exclusive jurisdiction of the Courts in Victoria, Australia.

15. AMENDMENTS TO TERMS

We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the Terms as amended. It is your responsibility to keep yourself apprised of these Terms as they may change from time to time.

Last update: August 2024