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1. User Agreement
1.2 By ordering or registering on our Website you grant us the right to retain the contact information you enter at the time of ordering or registering. From time to time we may contact you by phone, email or SMS about offers and products we offer for sale. At any time if you do not wish for us to contact you about and offers or products we offer for sale you can choose to unsubscribe via the link provided in any promotional marketing information or by contacting us at firstname.lastname@example.org and we will remove you from any future marketing communication material.
2. Order Acceptance Policy
2.1 We reserve the right at anytime after receipt of your order to accept or decline the order for any reason without notice. We may also decide, upon receipt of your order, to supply less than the quantity ordered of any item, without prior notice to you, for any reason. If we decide not to fulfill your order or supply you less than the quantity ordered, you will receive a refund for the amount that you have not received when ordering on our Website.
2.2 By placing an order on our Website, you acknowledge that the images provided of products on our Website may vary to the actual product you receive due to the nature of colour and light when photographs are taken of specific products for sale.
2.3 Goods sold on our Website are only finalised as a sale when you have fully completed the checkout process, including making payment, and have received an order confirmation from us that confirms payment has been received in full. All confirmations are sent by email to the address provided by you.
2.4 You must ensure you review your order carefully prior to making payment to ensure the products you have selected for purchase are correct and the information you have provided in the checkout process are accurate, including the email address, telephone number and shipping address are correct.
2.5 In the event we are unable to fulfill your order for any reason, we may choose to provide you a full refund of any payment we have received.
2.6 We may choose to fulfill your order by using a third-party retailer or wholesaler that offers the same type of good you have ordered for sale.
2.7 All prices listed on our Website are in Australian dollars and include Goods and Services Tax (“GST”) unless stated otherwise.
2.8 Payment of goods ordered must be received in full prior to the goods being dispatched, otherwise we reserve the right to cancel your order.
2.9 Any discount code we provide is only valid for a single transaction, and you can not use a discount code in conjunction with any other promotion, sale or discount available on our Website. We reserve the right to cancel a discount code at any time without notice.
3. Disclaimer and Liability
3.1 To the fullest extent possible by law, we are not liable for any losses or damages arising from any website linked to or from our Website that is outside of our control that includes, but not limited to:
3.1.1 Errors, mistakes or any inaccuracy on our Website or Social Media pages; 3.1.2 You acting on, or not acting on, any information that is contained on our Website or Social Media pages;
3.1.3 Any personal injury or damage of any nature as a result from you accessing anything on our Website or Social Media pages;
3.1.4 The quality of the products listed for sale or otherwise promoted on our Website or Social Media pages; and
3.1.5 Any unauthorised access to our Website and Social Media pages, including any third-party provided server that results in any personal information being hacked or otherwise taken including any financial information stored on any server we use.
3.2 We reserve the right to refuse any order without giving reason. Upon cancelation of an order we will make all reasonable attempts to contact you using the details provided. If an order is cancelled, all monies received will be refunded using the payment method received.
4. Shipping and Delivery
4.1 The delivery times provided are estimates only. We will endeavour to meet any stated timeframes for delivery advertised on our Website, however we will not be liable for any delays experienced with our shipping providers. Please allow up to 30 days for delivery of any goods sold on our Website.
4.2 A signature may be required for some deliveries and you are responsible for ensuring you are able to accept a delivery by our shipping providers as we, nor any agent acting on our behalf, are responsible for:
4.2.1 The late or delayed delivery of an item where you have not been available at the time of delivery attempting to be made; or
4.2.2 For any lost or stolen item that has been delivered to your address and signed for; or
4.2.3 For any lost, stolen or missing item where you have chosen or instructed us to leave the item at your address without a signature.
4.3 We do not accept any liability for any loss or damage caused by deliveries beyond our control. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided at the time of checkout. By agreeing to our terms and conditions you acknowledge all information set out under our shipping page.
4.4 The shipping address for your order is shown in the checkout and on your order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only made until the order begins processing. We cannot accommodate all address change requests and we take no responsibility for orders shipped to an incorrect or invalid address and we are not liable for any loss associated.
5. Customs Charges
5.1 Some orders may incur a customs or import duty charge. We do not have any control over these charges and are unable to advise what they will be, as it is based on your own countries regulations & compliances. We recommend you contact the relevant customs office within your jurisdiction to determine whether any customs or import duties are payable prior to purchasing any goods from our Website. Orders cannot be returned to sender and we will not be liable for these customs charges on your behalf. If you refuse to pay these charges your parcel may be abandoned, and we will not be held responsible for any loss of funds as a result of this occurrence.
6. Refunds and Change of Mind Returns
6.1 We allow returns for a store credit or an exchange product when you have changed your mind on the following conditions:
6.1.1 The product you purchased is returned within and received by us within 14 days of you receiving the order; and
6.1.2 Is in new condition, has not been opened and remains in its original packaging and tags in-tact; and
6.1.3 Remains in a resaleable condition; and
6.1.4 Is not damaged in any way.
6.2 You are responsible for any costs incurred for returning goods to us, including any risk associated with their return such as damage incurred during transport to us. If we do not receive the goods being returned within 14 days of you receiving them, or where you have not complied with the requirements set out in paragraph 6.1, you will not be eligible for a store credit or product exchange.
6.3 Return shipping costs are the customer's responsibility. Return shipping costs will be refunded only if the return is a result of our error. We recommend sending returns via registered post or courier as we do not accept responsibility for lost items nor the costs incurred by you for any postage when returning goods to us. For high value items, we highly recommend you insure items that you return for change of mind.
6.4 Faulty goods will be dealt with as per the manufacturer's warranty and terms and we recommend you contact the manufacturer in the first instance for any fault or defect of a product you have purchased from us.
6.5 Gift cards, promo codes and promotion prices cannot be applied to exchanges.
6.6 We do not offer a refund on money on any change of mind purchases.
7. Warranties and Repairs
7.1 Most repairs are carried out by the manufacturer and not by us. In some cases, if faulty items cannot be repaired a replacement or store credit will be offered. We cannot control the availability of parts of replacement goods.
7.2 We have no control over manufacturer warranty periods, nor can we control repair periods and cannot advise what they will be. We will however do everything we can to ensure your faulty item is handled as quickly as possible and that you are informed throughout the process. In cases where you have returned goods directly to the manufacturer, we cannot be held accountable for repair periods or communication from the manufacturer.
7.3 We do not refund postage, or cover the cost of return postage on warranty claims, as your warranty is a manufacturer warranty not a warranty provided by us. If the product is damaged or incorrect upon receiving your postage will be refunded.
7.4 All goods sold by us come with guarantees that are in accordance with Australian Consumer Law. You are entitled to a replacement for or refund for any major fault or defect in a product you have purchased from us.
7.5 Goods that you purchase from our Website may include warranty documents from the manufacturer of the product. Any such warranty documents included in goods are that of the manufacturer and not given by Vital Response Pty Ltd. Any rights afforded to you under any warranty are between you and the manufacturer providing the warranty.
8. Social Media and Content
8.1 Any information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from our Website, our Facebook page, Instagram account or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated. We accept no responsibility for any content made available through our Website or Social Media by you or any other third party.
8.2 The use of our Website is at your own risk, and to the extent provided by law, we do not accept any responsibility for any offensive, indecent, inaccurate, misleading or otherwise objectionable act, information or otherwise that is created by any person other than Vital Response Pty Ltd.
8.3 We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
9. Intellectual Property
9.1 This site is owned and operated by Vital Response Pty Ltd. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof is either owned, controlled, or licensed by Vital Response Pty Ltd, or is otherwise subject to intellectual property rights of a third-party.
9.2 All software used on the site is the sole property of Vital Response Pty Ltd or those supplying the software including any third parties we use. You may use the content of this Website only for the purpose of shopping or placing an order on this Website and for no other purpose.
9.3 You may not modify or copy materials or images from this site, nor can you reproduce, modify, republish, upload, post, transmit, or distribute in any form or by any means without prior written permission from Vital Response Pty Ltd.
9.4 Any unauthorised use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
10. Governing Law
10.1 These Terms and Conditions are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
11. Entire Agreement
11.1 These Terms and Conditions contain all the contractual arrangements of the parties with respect to the items to which it relates, and supersedes all earlier conduct (including any agreements in relation thereto) by the parties with respect to those items.