Terms & Conditions

This website at https://www.spiegelau.com/en-au (this “Website”) is operated by RSN Australia Pty Limited (ABN 88 125 740 052) of 201/32 Walker Street, North Sydney, NSW 2060 ("we," "our," or " SPIEGELAU "). References to “you” and “your” refer to you as the individual accessing and using our Website. 

This Website is provided as a service to our customers to make our products available for purchase (“Products”). These terms and conditions of use (“Terms”) set out the basis on which we make our Products available for sale to you from our Website.

These Terms are legally binding on you and us. By accessing, browsing or using our Website, you represent that you accept these Terms. If you do not agree to these Terms, you must not use the Website or purchase Products from our Website.

We may update these Terms at any time. If we update these Terms, we will post the new Terms on this Website, along with the effective date of the updated Terms. The new Terms will replace any Terms you may have previously accepted, provided that the new terms will not apply to any orders that you have already placed prior to the update.

If you do not agree with these Terms or any updates we make, then you must stop accessing and using the Website. If you continue to access and use the Website you will be taken to have agreed to the updated Terms.

These Terms apply to and are for the use of persons residing in Australia and for the delivery of products and services within Australia. Orders will only be accepted if you provide local billing and delivery addresses in Australia.

You may access, browse or use our Website as a guest or as a SPIEGELAU member. 

You can register on the Website to become a SPIEGELAU member. To become a SPIEGELAU member, you must provide your name, telephone number, address and email address. After you have filled in the registration information, we will send you a confirmation email. To confirm your registration as a SPIEGELAU member, you must click on the link provided in the confirmation email.      

If you register as a hospitality customer to create a SPIEGELAU Professional Account, we may be required to review and approve your account before you can purchase Products using your SPIEGELAU account. 

We may terminate your SPIEGELAU account where we have reasonable grounds to do so, including where you breach these terms and conditions or if we discontinue the SPIEGELAU program generally.

When you place an order to purchase a Product via our Website, you are making an offer to us. No contract for the purchase of a Product will come into existence until we have reviewed and accepted your order by providing written acceptance of your order or delivering the ordered Products to you. We may choose to accept or decline an order. We will notify you whether we have accepted or declined your order as soon as we are able to do so. 

We may make available Products which include alcohol. The sale of alcohol is subject to various Commonwealth, State and Territory laws. By placing an order for Products that include alcohol, you warrant that you are 18 years of age or older and that you are not purchasing the alcoholic Products on behalf of a person that is not eligible to purchase the alcoholic Products themselves.

1. When you purchase a Product you agree to pay the purchase price specified on our Website at the time of purchase, and any applicable shipping charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping charges will be separately shown. 

2. You will be required to make payments online by credit card, Afterpay or PayPal account. We will process the transaction upon receipt of your order. The credit cards that are accepted from time to time will be described on this Website. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on this Website.  

1. We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms.

2. While we endeavour to ensure that all prices shown on the Website are accurate, errors can occur from time to time. We may correct any such errors before accepting your order under section 5, and where this results in an adjustment in the price of the Products we will contact you and confirm whether you wish to proceed with your order (which you are under no obligation to do). If we identify such an error after acceptance of your order but before shipping you the Products, we will honour the price for the first unit of goods you have purchased, but may cancel the remainder of the order.

3. Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order we will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time before we ship the Product to you. 

4. You may also cancel an order before we ship the Products if we are in breach of these Terms. 

5. If your order is cancelled in accordance with this section 7 after payment has been processed, we will refund you any money in respect of that order.

1. We will normally ship the Product within 2 Business Days of receipt of your order unless otherwise noted in the Product description. Any delivery times displayed on this Website are estimates only, based on the information provided to us by Australia Post, our shipping provider. We will not be liable for failure to make any delivery by the estimated date.

2. We will deliver the Product to the place of delivery you specify when making your order. We do not deliver Products to PO boxes or addresses outside Australia. 

3. Title to and risk in the Product will pass to you upon delivery of the Product to your chosen place of delivery.

If you have an issue with any Products or otherwise wish to return them please refer to our Returns Policy which forms part of these Terms.

Decorations of any kind on our Products that we have not produced or commissioned, such as engraving, sandblasting and silk-screening, are your sole responsibility and risk. We will not be responsible in relation to any such decorations. 

We provide the contact details for certain third-party decorators on our Website. Any arrangements in relation to the decoration of your Products by a third-party decorator, are solely between you and the third-party decorator. 

You can send your Products directly to a third party decorator through your Website order by entering the delivery of the decorator at the checkout. If you choose to do this, title to and risk in the Product will pass to you upon delivery of the Product to the delivery address of your chosen decorator, as noted at section 8(c) of these Terms.

1. We will use reasonable care to provide the Website. However, while we endeavour to provide our Products and information through the Website, we are not able to guarantee to you that your requirements will be met or that your access to and use of the Website will be uninterrupted, error free or not subject to outages, or that the Website is free of viruses or other harmful components. We therefore provide the Website and access to it to you on an “as is” and “as available” basis and at your own risk.

2. We may suspend the Website at any time for any reason, including for Website or unplanned maintenance. Additionally, information and services accessible through the Website, including information from third party websites, may be unavailable from time to time. 

3. In accessing and using our Website, you must: 

   1. comply with all applicable laws in relation to your access and use of the Website; and 

   2. notify us immediately if you suspect or become aware of any breach of security or unauthorised use of your SPIEGELAU account. 

4. You may create a hyperlink to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Website other than that set out here, please address your request to info@rsnaustralia.com.au. 

5. You must not: 

   1. use our Website to submit or disseminate any harmful message, data, information, text or other material, including viruses, "Trojan horses," "worms," "logic bombs," "time bombs," "zombies," "cancelbots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of SPIEGELAU or any third parties; or 

   2. attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

6. This Website is controlled, operated, and administered by SPIEGELAU from its office in Australia. SPIEGELAU makes no representation that materials on this Website are appropriate or available for use at other locations outside of Australia. Access to the Website from territories where the content of the Website is unlawful is prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all local laws.

Links to, or information derived from, third-party websites may be available on our Website. We do not control and are not responsible for any third-party websites you may visit or be directed to from our Website. We take no responsibility for the accuracy, currency, reliability and correctness of any information included in such third-party websites. We recommend that you review the terms and conditions and privacy policies of each third-party website or service you engage with.

1. Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law in relation to the Products or Website or these Terms are expressly excluded to the extent permitted by law. 

2. Nothing in these Terms, however, excludes, restricts, or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods in certain circumstances.

3. If any term, condition or warranty is implied into these Terms and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option: in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supplying of the services again, or the payment of the cost of having the services resupplied.

4. Subject to our obligations under the implied terms, conditions or warranties referred to above and to the maximum extent permitted by law, SPIEGELAU will not be liable to you or any other person for any indirect, special, or consequential damages, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the Products or the Website. 

5. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

1. The Website is owned or licensed by us and is protected by Australian and international laws. All copyright and other intellectual property rights that subsist in the content available on our Website are owned by us or our licensors.  

2. We grant you a revocable, non-exclusive, limited and non-transferable right to access and use our Website and the content displayed on it, solely for your own personal, non-commercial use. 

3. You may download, print and store selected portions of the content displayed on the Website, provided you:

   1. only use these copies of the content for your own personal non-commercial use;

   2. do not copy or post the content on any network computer or broadcast the content in any media; and 

   3. do not modify or alter the content in any way, or delete or change any copyright or trademark notice. 

4. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. We reserve complete title and full intellectual property rights in any content you download from our Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining permission from SPIEGELAU.

5. SPIEGELAU’s trademarks, service marks, registered trademarks and trade dress may not be used in connection with any product or service that is not SPIEGELAU’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SPIEGELAU. These trademarks, service marks, and registered trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of SPIEGELAU, its affiliates, or subsidiaries. All other trademarks, service marks, registered trademarks and trade dress, product and service names, and company names and logos that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPIEGELAU.

1. Before initiating any legal action, due to the high cost of litigation, in time and money, both you and SPIEGELAU agree to the dispute resolution procedure in this section 16. 

2. In the event of any claim, action, dispute, or controversy arising from, or related to any transaction conducted on our Website, the party asserting the dispute will first try to settle such dispute in good faith by providing written notice to the other party. The notice must be sent by registered mail, must describe the issues of the dispute, and must include substantiating documentation related to the dispute. The parties agree to 30 days from receipt of the dispute to respond or settle the dispute.

3. For disputes against SPIEGELAU, notice shall be mailed to RSN Australia, Suite 201, 32 Walker Street, North Sydney NSW 2060, Australia.

4. Both parties agree that the dispute resolution procedure described above must be exhausted before either party initiates any legal action against the other party, except for interim relief.

1. No waiver, delay or failure by either party to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right that party may have.

2. Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond that party’s reasonable control.

3. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.   

4. These Terms are governed by the laws of New South Wales, Australia, and each party agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

5. These Terms constitute the entire agreement between SPIEGELAU and you in relation to the Products.  However nothing in these Terms limits or excludes any liability either party may have in connection with any representations or other communications (either oral or written) made outside of these Terms, where such liability cannot be limited or excluded.  

6. Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices. 

7. If you provide us with feedback relating to our Products and the Website, you agree that we may freely use any such feedback (including suggestions or ideas), including in future modifications of our Products and Website.

8. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

9. The term “including” when used in these Terms is not a term of limitation. 

10. Use of the singular includes the plural and vice versa and where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase will have corresponding meanings.