Terms and Conditions
This T&C governs the relationship between You and the Company including the sale and supply of any Products on the site. This T&C will prevail for the purposes of usage of the Site if it conflicts with any other document.
ELIGIBILITY TO USE
Use of the Website is available only to such persons who can legally contract as per the Australian law. Persons who are incompetent to contract as per law including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws
USAGE & ACCESS
Site must only be used in accordance with these Terms and Conditions set herein and any applicable law of the country in addition to this, user must agree to refrain from interfering or disrupting or even attempting to interfere or disrupt the site or its associated network of services including servers, its security features
ACCOUNT, PASSWORD, AND SECURITY
Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website
If you wish to register yourself with website you will be required to create an account by filling in the details prescribed in the Website registration form or any other means as made available only through the website
You are required to give accurate and updated personal information as required in the registration process and my comply with the “Usage & Access” terms specified above.
You shall be completely & solely responsible for all activity performed through your registered account with website including but not limited to Orders placed, change of credentials, personal information etc done using your Account,
You are expected to keep your Account password safe & secure & never share same with anyone.
The company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto .
The Website may be inaccessible or not available for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Company be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against company in this regard.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names and the right to register them and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
Every User hereby grants the Company, a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Company shall have no liability for any infringement of intellectual property rights with respect to such content created by the User
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
PRODUCT & PRICING INFORMATION
While the company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Moreover the Company shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses (direct or incidental) arising out such errors
Company will have the right to modify the price or information of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In case of cancellation of order the amount paid for the product will be refunded back to you using the same method originally used by you to pay for the product
You also accept & agree that the Information about products on the Site is based on information provided by third party merchants, suppliers and/or product manufacturers on best effort basis. Company shall not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
You understand that due to limitations associated with the representation of products over internet media, some actual products may appear to be different in colour or texture as they appear on the Site photos and other visual media used on site to represent the product.
ORDER AND SHIPPING
To place or edit Order on site User must follow the instructions given on the site. The price shown at the final checkout page shall be final price all other prices shall be ignored
All prices shown on site would be including GST and any other charges, including any Unless otherwise stated.
All prices are in Australian Dollars unless specified explicitly.
User must be legally entitled to and authorised to use the payment instrument being used for placing orders & all amounts shall be paid in full to place a valid order. Company reserves the right further conduct validation and security checks of the payment method (s) used by the user from time to time as deemed fit or involve at its sole discretion an agency for same.
In case a User purchases multiple products in one transaction, all efforts will be made to deliver all products together, but due to various reasons & limitations it cannot be guaranteed at all times and some or all products and/or orders may be delivered separately within reasonable time
If an order has been placed by mistake it should be brought to the notice of the company following the order cancellation process or by contacting customer service team. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
For a successful order, user will receive an order Confirmation communication via e-mail and/or SMS/MMS or any other viable mode of communication which shall only be considered as an acknowledgement of order & not a contract to supply products
A separate confirmation of shipping of products will be the actual confirmation of acceptance of the order from our end. Company will not be obliged to supply the products until we have accepted your order.
Company at its sole discretion, completely or in part, refuse to accept the order from You without assigning any reason or clarification from our side, including but not limited to unavailability of stock
Company reserves the right to refuse to process your order completely or in part and you have the right to cancel your order before the order is processed from our end. If either party cancels the order before order is processed/accepted, company will make all efforts to promptly refund the payment made by you to your original payment method.
Shipping & delivery timelines mentioned on site are indicative only due to various factors outside scope & control of the company. In all such cases where the orders will be outside indicated timelines, User understands that the company will not be liable to User for any losses, liabilities, costs, damages, charges or expenses (direct or incidental) arising out of late or early delivery.
Company utilises services of third party shipping partners for delivery & shipping of products and user accepts to follow the process to accept/receive the orders & shipments from these shipping partners.
User understands & agrees that delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier.
CANCELLATION, RETURNS AND REFUNDS
Company may terminate a contract for any reason whatsoever without assigning any reason to the user. In Such cases Company will notify user and refund the payment made for the order.
In case if User wish to cancel the order, user shall follow the cancellation process as specified on Site or contact our Customer Service Team.
No cancellation fee is applicable if cancellation is done before order is processed by company. If order is processed then User can only return or exchange the product as per as per below process and conditions
I. Return/Exchange should be initiated within 15 days of order delivery
II. The tags and original packing of the product should be completely intact & send as a single shipment back to company
III. The product to be returned should be unused, unwashed, undamaged and re-sellable as brand new item
IV. Returns for certain type of products is not accepted, user shall read the returns policy on product page carefully
V. User agrees to bear the cost of shipping the product back to the company
VI. In case of size exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged
VII. In case of return or cancellation order, the refund will only be processed after inspection of returned product is found to be satisfactory
VIII. In case if the product does not meet conditions set herein or the product is out of warranty, the product will be sent back to buyer at buyer’s cost and no refund will be made
DISCLAIMER AND LIABILITY
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by the company on an “as is” basis.
Company makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law
The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors.
User expressly understand and agree that Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the website from time to time To the maximum extent permitted by applicable law
Company’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
MEDIATION AND DISPUTE RESOLUTION
In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms and Conditions which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
Entire agreement: These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.
Force majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
Notices: All notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.
Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
Termination And Survival Of Terms After Agreement Ends: The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C
Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Queensland and both parties hereby submit to the jurisdiction of the courts of Queensland.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the contrary intention appears:
Account means the account that you will need to register for on the Site if you would like to submit an Order on the Site in accordance with clauses 1 and 3 of these Terms and Conditions;
Breach of Duty means the breach of any
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney Australia;
Company means Universal Vibrance Pty Ltd (ABN 96 622 593 300) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors;
Confirmation of Order means our email to you, in which we accept your Order;
Contract means the sale of goods agreement between you and us for the supply of products you have ordered in accordance with this Terms and Conditions;
Delivery means the process in clause 4 of these Terms and Conditions;
Delivery Fee means any charges you are liable to have the products delivered to the address provided by you;
GST means the Goods and Services Tax;
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to these Terms and Conditions shall be deemed to include any collateral contract);
Order means the order submitted by you to the Site to purchase products from us.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms and Conditions.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit the Website and browse without having to provide personal details. During your visit to the Website you remain anonymous and at no time can we identify you unless you have an account on the Website and log on with your user name and password.
The Website shall use the information collected from You in accordance with applicable laws and use the data only for the purpose of completing the transaction or for purposes as may be required under the laws.
1.8. We may collect various information if you seek to place an order for a product to us on the Website.
1.9. We collect, store and process your data for processing your purchase on the Website and any possible later claims, and to provide you with our services. We may collect your title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details (credit or debit card number and other card information), bank account details, PayPal account and other account and authentication information, as well as billing, shipping, and contact details, Internet protocol(IP) address, personal information received from social networking sites through which the You have registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service and such other personal and non-personal information that may be required to access and operate the Website.
If you contact our customer service, we may record your conversation with us and collect additional information to verify your identity
We record users’ buying and browsing activities on our site including but not limited to IP addresses, browsing patterns, buyer behavioural patterns and equipment information. In addition, we gather statistical information about the Site and visitors to the Site including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors.
1.10. Please be advised that the duration of use of the Website by You may also be logged and stored by the Website.
1.11. The information may be collected and/or stored in electronic form, however, we are hereby authorized by You to collect/store such information is physical form as well.
1.12. We need this information in order to allow you to go ahead with placing your order for a product. We may use that data to process payment for the product and deliver the product to you. We also use that data to inform you when the product is about to be delivered.
1.13. We may share the information collected from You with our affiliates, employees, agents, service provider, sellers, suppliers, banks, payment gateway operators and such other individuals and institutions like judicial, quasi-judicial law enforcement agencies.
1.14. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier).
1.15. We may also use your data in order to manage the Website, collect payment from you, enable you to subsequently use parts of the Website, detect any fraud or Website abuses, send you information relevant to the Website or our products, and in case we have any queries.
1.16. You hereby represent and warrant to the Website that: All information derived from in relation to You are true, correct, current and updated. All information given do not belong to any third party, and if they do belong to a third party, you are authorized by such third party to use, access and disseminate such information.
1.17. You shall indemnify and hold harmless the Website and each of the Website’s officers, directors, contracts or agents and any third party relying on the information provided by You in the event You are in breach of this Policy.
1.18. Your actual order details may also be stored with us and you may access this information by logging into your account on the Website. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.
1.20. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.
1.21. Notwithstanding anything to the contrary, the Website shall not be held responsible for any loss, damage or misuse of the information provided by You.
1.22. We store small text files called Cookies in your device in order to enable various features of our site. They are used to store user preferences and trends which can be used to improve user experience. Settings can be changed to accept or not accept Cookies in your browser settings. If you do accept a Cookie, you thereby agree to our use of any information collected by us through that Cookie but in some cases doing so may affect your ability to use our products and services. Any such information collected will only be used for improving the website experience