Terms and Conditions
Website terms and conditions of supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the Products listed on the website www.vavavintage.com.au. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We suggest that you print a copy of these terms and conditions for future reference.
At the time of checkout, please click on the button to the left of screen, marked beside the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1 ABOUT US
1.1 Va Va Vintage of Heathmont, VIC 3135 operate an online retail business, selling predominantly homewares, giftwares & wall art. We have a La Trobe Valley presence (Yallourn North) whereby goods can be collected.
1.2 Please feel free to contact our Customer Support Team on either firstname.lastname@example.org, email@example.com or firstname.lastname@example.org.
2 SERVICE AVAILABILITY
2.1 Our site is only intended for use by eligible people resident in Australia. We do not accept orders from individuals outside the Serviced Country.
3 YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you are at least 18 years old; and
3.3 you are resident in the Serviced Country.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
5 THIRD PARTY LINKS
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6 CONSUMER RIGHTS
6.1 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7 AVAILABILITY AND DELIVERY
7.1 Your order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within 10 days of the date of the Confirmation Email, unless there are exceptional circumstances. We will always attempt to send your goods within 7 working days; however if goods are unavailable – delivery may take a little longer. In these instances you will be contacted about the delay.
8 RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9 PRICE AND PAYMENT
9.1 The price of the Products and our delivery charges will be as quoted in our Confirmation Email, except in cases of obvious error.
9.2 Product prices DO NOT include GST.
9.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 Payment shall be made by either of the following:
- PayPal Express Checkout
- eWAY Payment Gateway
- Online / Internet Banking (direct debit)
- Telephone Credit Card orders
After making payment using one of these methods, your tax invoice is your proof of purchase subject to payment being received by us. Please contact our Customer Care Team if you have any questions about invoicing and payment for goods.
10.1 Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you think that there is a fault with the goods you have received, please let us know immediately by contacting our Customer Care Team at email@example.com. Please include as many details as possible about the order and the problem with the goods. Photographs are required prior to returning the goods. Once contact has been made with our returns Department & the claim has been approved, you will be issued with an “RAN” – Return Authority Number. This number needs to be clearly marked on the package being returned. The return address information will be provided once approval of claim has been processed.
10.2 Returning goods if you change your mind
Please choose your items carefully, as we do not have a change of mind policy.
10.3 Returns generally
This section applies to the return of all Products. You are responsible for the costs of returning goods to us. Any Products returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the Products or boxes. We are not responsible for any Products that are returned to us in error. We recommend you use a courier service that insures you for the value of the goods you are returning. Please send your returned goods to the address that will be provided after communication has been made.
11.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12 OUR LIABILITY
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
12.2.2 loss of business;
12.2.3 loss of profits;
12.2.4 loss of anticipated savings;
12.2.5 loss of data; or
However, this clause 12.2will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories 12.2.1 to 12.2.6 inclusive of this clause 12.2.
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 defective products under the Competition and Consumer Act 2012; or
12.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given to Va Va Vintage, Heathmont, Victoria 3135, Australia. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15 TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16 EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks; and
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14above.
18. 1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19 ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21 LAW AND JURISDICTION
21.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.