ONLINE SHOP TERMS AND CONDITIONS
The following terms and conditions of online sales apply to and govern all sales through the Vigorella online store (https://www.vigorella.com.au). By purchasing Vigorella Products through the Vigorella online store You agree to the terms below.
In this policy, "us”, "we”, or "our” means Beautiful Me Fashion Pty Ltd (ACN 006 411 392) trading as Vigorella, operators of this website.
We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.
These terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.
While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any feature or service on the site at any time without notice.
We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.
You must not use, or attempt to use this website:
- in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction
- to impersonate any person or entity
- to solicit money, passwords, personal information or other property from any person or entity
- to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
- to publish or facilitate publication of personal information of a third party without their consent
publish or facilitate publication of material for which you do not have
ownership, title, or consent from the owner or title holder to do so
- to publish
or facilitate publication of pornographic or offensive material·
- to publish
or facilitate publication of material including viruses or other computer code,
files, or programs designed to interrupt or damage the functionality of
computer software or hardware
- to publish
or facilitate publication of advertising material for yourself or any other
party without our express consent to do so
Breaching of these rules of conduct may result
in termination of your access to this website and prevention of further access
without warning or notice.
Protection) Act 2012 and the Privacy
Act 1988 (as amended from time to time).
4.1.Why do we collect information?
We collect information to display and notify You
of relevant Product and special offers which may be of interest to You. You may
provide additional information about Yourself in the event You wish to join our
loyalty program. In circumstances where You
make a payment and require Delivery, personal mandatory information is required
to carry out this task. Vigorella will use Your contact details to communicate
with You about updates, special offers, loyalty program and to carry out Your
4.2.What information we collect?
Information You may be requested to provide
includes: name, gender, date of birth, phone numbers, address, and email. New
information fields could be installed upon website upgrades. We will not be
able to process Your purchase or Your VIP application if mandatory information
is not completed by You.
All credit card details are entered into the secure PayPal SSL payments gateway and credit card details are not retained by Us.
4.3.How do we use Your personal information?
Your personal information is used to process Your
purchase, enable Delivery, enable You to join our loyalty program and receive
updates, keep in touch with You via notifications of offers and specials. Your
information may also be used for internal purposes including staff training,
risk management, billing, and research to provide continual improvements to our
4.4.Where do we collect information from?
Information may be entered by You physically,
or gathered from Your browser. Data given by Your browser which You might be
unaware of include:
- The name of the domain of which You access the internet;
- Your server address;
- The type of browser and operating system You use;
- The date and time You access our website;
- The website address from which linked You to our website;
- Your IP address;
- The pages You have accessed and time spent.
This information is used to analyse and formulate the website usage statistics.
Note that we do not collect involuntary
personal information from You unless You have voluntarily provided this
information to Us.
Your data is collected for the purposes
intended and will not be sold or leased to a third party. The exception to this
clause is required by the Law or where consent has been given by You for such
information to be provided to external companies or individuals who are
contracted to complete Your order and which is information relevant and
necessary for them to carry out their duties. Third parties may include transporting companies, packing and handling
parties, payment processing services, alteration services etc.
When Your information is no longer relevant to Us
we will dispose of it securely. You may contact Us at any time to request Your
information be deleted.
The Vigorella website adopts the use of
Cookies. This is a small data package that our website sends to Your computer
memory, so that we can recognise You at subsequent login sessions. Cookies are
also important in maintaining contact with You throughout a session. You may
set Your browser not to accept any Cookies, but this could inhibit some of the functions
of the website.
No attempt will be made to identify anonymous
users unless required by law to do so, such as in the event of an
investigation, where a law enforcement agency may exercise a warrant to inspect
the Internet Service Provider's log files.
4.7.Links to other sites
We reserve the right to amend this Privacy
Policy at any time and for any reason. We will post the amended terms on our
website as they occur and we encourage You to check for updates.
Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.
This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:
- Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
- Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser's cache).
6.Limitation of Liability
Your use of this website is undertaken at your own risk.
To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.
By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.
In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.
7.Minimum Age and Legal Capacity
Purchasing products or services on this website is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.
Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
8.Accuracy of Product Description
All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
- Human error in entry of information
- Incorrect information provided to us by suppliers or distributors
- Failure of suppliers or distributors to supply updated information to us
We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
9.1.The Products are offered for sale only to persons who can make legally binding contracts.
9.2.Orders placed on the weekend or on a public holiday will not be processed until the next Business Day.
9.3.Vigorella reserves the right to discontinue Products without notice.
9.4.If Your order is for a Product which is out of stock, Vigorella will notify You and offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If You choose to take a substitute Product, Your order will be amended and a new acknowledgement will be emailed to You by Vigorella.
9.5.You must pay Us in full upon placement of the Order, unless agreed by Us in writing, and no order will be processed until payment is received.
10.Shipment and Risk of Loss
Vigorella will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received from You for the Products.
11.1.Time & Costs
Vigorella aim to dispatch Your order within 24-48 hours of it being placed. Orders will be delivered via a Startrack Express registered/affiliated courier and/or Australia Post. You will receive an email confirming the dispatch of Your order which will include a tracking number which can be used to track the progress of Your Delivery.
It is Your responsibility to provide a secure Delivery address where someone will be available to accept Delivery of Your parcel. We will not deliver to Post Office boxes. We recommend providing a business address where possible or providing clear Delivery instructions when ordering.
Your order will be dispatched by Startrack Express overnight parcel service. Delivery times will depend on Your location. Metro locations may receive Delivery next day but please allow up to 2-7 Business Days for Delivery from dispatch. Please note a signature on Delivery is not required. If the Delivery address is unattended, the parcel may be left at Your location. Please refer to our Shipping Policy for our standard shipping charges.
For international destinations please allow between 7-14 days for Delivery from dispatch.
If part or all of Your order is on backorder You will be notified by email with the details of backorder items. Backorders may take longer than 7 working days to be delivered and will be sent separately and no additional postage charges will be applied. Please note international orders will be dispatched once all items are fulfilled.
11.2.Tracking Your Order
When Your online purchase is completed You will receive an email containing Your order confirmation and Delivery details. To track the status of Your Delivery please use the following links:
Australian deliveries: Visit http://www.startrackexpress.com.au/track and enter Your consignment number.
International deliveries: Visit http://www.auspost.com.au/track and enter Your consignment number
All Product and shipping prices quoted on this website are in Australian dollars (AUD). Prices quoted are inclusive of Australian Goods and Services Tax (GST).
Purchases shipped to international addresses are exempt from Australian GST. The prices listed do not include any overseas duties, customs or import charges. Please note You are responsible for any local customs or import charges that may be payable on receipt of Your parcel.
12.Returns & Exchange
It is important that You are satisfied with Your purchase. Unwashed and unused items in original condition with all original tags intact may be returned or exchanged for another item, providing it is in stock, within 14 days of receipt of Your order.
How to return or exchange an item
Simply complete the returns form included within your order confirmation email, include Your proof of purchase and post to Us within 14 days of receipt of Your order to the following address:
Beautiful Me Fashion
58 Carroll Road
Oakleigh South VIC 3167
Please ensure Your return parcel is securely packaged and labelled clearly with both the senders’ address and the online return address. We recommend sending Your returned items to Us using registered mail.
As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items you have purchased. If you believe an item is faulty, not of acceptable quality, does not match the description provided or is not fit for purpose, you may be entitled to a remedy under the Australian Consumer Law. However these consumer guarantees do not apply where the item was damaged due to abnormal use or misuse.
If You are returning or exchanging faulty, damaged or incorrect items we will pay for the packaging or postage costs. However, we are unable to offer free Delivery for change of mind returns or exchanges. Please allow approximately two weeks from the day Your parcel is received by Us for Your account to be credited. Once we have processed Your return we will notify You via the email address You provided with Your online order.
Please note we can not offer a refund or exchange on Sale items for change of mind except when required by Consumer Guarantees (see above), or otherwise as required by law.
For international returns please contact our customer service team via email at firstname.lastname@example.org or by telephone +61 3 9543 7418.
All financial transactions are processed by PayPal. PayPal use industry-standard SSL encryption where applicable to protect the privacy of information provided to it. We do not have access to any financial information provided to PayPal and further make no representation as to the security of third party websites.
You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.
14.Limitation of Liability
Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.
Vigorella acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, Product will be provided with due care and skill and are reasonably fit for their purpose. These Terms and Conditions are not intended to exclude or restrict these guarantees.
"Business Day” means Monday through Friday, excluding public holidays in Australia.
"Delivery” means standard Delivery to the address specified by You in Your order form.
"Product” means Vigorella Products and/or accessories that are available for purchase from the Vigorella online store at the time of Your order.
"Shipment” means the period from the time the Product is ready to be loaded on transport for the purposes of Delivery, until the Delivery of the Product.
"You” means the purchaser of the Product, as identified in the Vigorella login form on the Vigorella online store.
e-Gift Card General terms and conditions
In this policy, "us”, "we”, or "our” means Beautiful Me Fashion Pty Ltd (ACN 006 411 392) trading as Vigorella.
You and any person who uses an e-Gift Card agree to be bound by these terms.
Paying with a e-Gift Card
The e-Gift Card can be used for purchases at www.vigorella.com.au only, in whole or for part of a payment.
If a transaction value exceeds the remaining balance on an e-Gift Card, you must pay the difference using an acceptable alternative means of payment.
e-Gift Cards are not redeemable for cash or credit, and no change will be given and any balance that remains on the card can only be used in whole or part against future purchases at www.vigorella.com.au.
The purchase price of a e-Gift Card corresponds to the chosen value of the e-Gift Card. The dollar value of the Gift Card includes GST where applicable.
e-Gift Cards are activated immediately upon purchase. Following the purchase of your e-Gift Card you will receive an email with the details of your unique e-Gift Card number and PIN. A PIN code is allocated to each e-Gift Card for security, checking the current balance and for website purchases only.
Gift Cards are valid for a term of 12 months from the date of purchase.
Any unused balance remaining on an e-Gift Card upon expiry shall be forfeited and will not be refunded or credited to you.
Loss or Theft
Please treat e-Gift Cards like cash. Lost or stolen Gift Cards cannot be replaced or refunded.
We reserve the right to cancel any e-Gift Card, or the e-Gift Card program for any reason at any time without notice. Upon cancellation by us, the balance on all unexpired e-Gift Cards will be refunded upon presentation to us at email@example.com.
The purchase of an e-Gift Card from www.vigorella.com.au will be governed by the laws of the State of Victoria, Australia.