Terms & Conditions
VibrantConcepts Aust Pty Ltd (“we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions and any other rules posted on our Sites (collectively, the “Terms”). Please read the Terms carefully before placing any orders on www.vibrantconcepts.com.au. We recommend you should keep a copy of the Terms for future reference. VibrantConcepts Aust Pty Ltd ABN is 771 231 72798, trading as VibrantConcepts Aust Pty Ltd, is registered in Australia.
If you have any comments or questions about VibrantConcepts Aust Pty Ltd, you can email us at firstname.lastname@example.org.
2. ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. VibrantConcepts Aust Pty Ltd offers products for sale that are in stock and available for dispatch from our distribution center. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. We reserve the right not to accept your order in the event, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
4. PRICING POLICY
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST at the applicable rate. All prices and offers remain valid as advertised from time to time. The AUD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Payment can be made by Visa, MasterCard, PayPal and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by VibrantConcepts Aust Pty Ltd. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to VibrantConcepts Aust Pty Ltd, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayPal, a secure online payment service. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
6. DELIVERY, SHIPPING AGENTS & SHIPPING COSTS
6.1 AUSTRALIAN SHIPPING COST
$9.95 (including GST) flat rate shipping.
All Australian Orders are sent via Australia Post. Delivery time is typically 3-7 business days unless otherwise noted.
When your order is dispatched you may receive a tracking number via e-mail that can be used to track your order with Australia Post. Alternatively, you may receive and email from Sendle with your delivery status and due date.
6.2 SHIPPING TERMS
Unless otherwise noted, all orders will be dispatched within 3 working days.
Delivery times are to be used as a guide only and commence from the date of dispatch. VibrantConcepts Aust Pty Ltd is not held responsible for any delays caused by customs clearance. VibrantConcepts Aust Pty Ltd will use best efforts to meet the indicated delivery times. If delivery is attempted and nobody is available to accept the parcel, in most cases it should be held at your local post office. Please contact your local postal service for collection. If you are not contactable and your parcel is unable to be delivered, it will be returned to VibrantConcepts Aust Pty Ltd and we will attempt to contact you to arrange alternate delivery at your cost.
7. LOSS OF GOODS
The risk of loss of goods shall be passed to you upon delivery of your product to VibrantConcepts Aust Pty Ltd’s nominated shipping agent. For all deliveries you authorise for the goods to be left at your specified address and your order will have been deemed delivered as if it had been signed for. VibrantConcepts Aust Pty Ltd will not be held responsible for any loss, damage or liability as a result of this authority.
8.1 VIBRANTCONCEPTS AUST PTY LTD
VibrantConcepts Aust Pty Ltd (www.vibrantconcepts.com.au) will accept any returns excluding lipsticks, earrings or nail polishes; that are requested within 10 days from confirmation of your order being shipped. Requests for returns (refunds or exchanges) after 10 days from confirmation of your order being shipped will not be considered. Items marked final sale cannot be returned. The item(s) must not be worn, altered or washed and be accompanied by all original tags in original packaging. Footwear should be tried on a carpeted surface before wear and if returned must be accompanied by the original box in its original condition, without Post labels. Once a Return has been approved and received by VibrantConcepts Aust Pty Ltd , the balance of the goods will be refunded to your Credit Card or PayPal Account within 10 business days of the item being received by VibrantConcepts Aust Pty Ltd .
8.2 RETURN APPROVAL
Return Approval must be requested from VibrantConcepts Aust Pty Ltd within 10 days of the shipping confirmation being sent. All returns must be approved by us prior to the return. Please contact us at email@example.com to request Return Approval. When returning goods, please ensure that you enclose a copy your Tax Invoice and clearly mark on the outside of the package that it is a return. Returns should be shipped with a service providing a tracking number and insurance as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them. We are not responsible for delayed, lost or damaged packages. Any returns received without Return Approval or that do not comply with the above may be denied at the discretion of VibrantConcepts Aust Pty Ltd . In case of dispute, we also recommend you retain proof of sending. Unidentified returns will not be returned to the sender.
8.3 RETURN SHIPPING FEES
Shipping fees are not refundable. This applies to the original shipping cost for your order as well as the return-shipping cost, and in the case of an exchange, the cost of the shipping for the new item to you. The cost of shipping for exchanges will be deducted from your credit card or requested from your PayPal account.
8.4 RETURN ADDRESS
The address for returns items is:
VibrantConcepts Aust Pty Ltd
PO Box 102
TERRIGAL NSW 2260
9. TICKET (RETURNS & REFUNDS) POLICY
9.1 REFUNDS, EXCHANGES & REPLACEMENT TICKETS
Before purchasing tickets, carefully review the event and details. VibrantConcepts does not issue an exchange or refund for change of mind or un-attendance. A change in personal circumstances does not entitle a ticket holder to return or exchange a ticket. Subject to any statutory rights of refund (including, without limitation, the provisions of the Australian Consumer Law), if an event takes place then generally there is no right to a refund or exchange, including where a ticket holder cannot attend because of adverse weather or personal conditions.
9.2 TICKET FORWARD TERMS
VibrantConcepts offers ‘Ticket Forward’ functionality in respect of most events. You can use the Ticket Forward functionality to forward your ticket to other people. By forwarding a ticket you have purchased, you are only facilitating another person using that ticket for event entry – the agreement (and associated rights and obligations) for the purchase of that ticket remains between VibrantConcepts and you (regardless of the number of times the ticket is forwarded).
9.3 CANCELLED EVENTS
Occasionally, events are cancelled or postponed due to weather conditions or other situations which may affect the safety of patrons. If an event is cancelled, please contact VibrantConcepts for information on receiving a refund. Unless indicated otherwise in relation to a particular event, if an event is cancelled or rescheduled, ticket purchasers will be offered a place at any rescheduled event up to the face value of the original tickets or, if the ticket purchaser is unable to attend the rescheduled event or the event is not rescheduled, a refund. Refunds for tickets purchased prior to the date of the original event will be given up to the amount paid for the tickets (including per transaction handling fees).
It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rescheduled event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket purchasers of the cancellation. We do not guarantee that ticket purchasers will be informed of such cancellation before the time of the event.
This contract will be governed by the laws of New South Wales, Australia. Any dispute arising out of your use of the Website, www.vibrantconcepts.com, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.
11. YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
12. THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than VibrantConcepts Aust Pty Ltd, including advertisers. VibrantConcepts Aust Pty Ltd has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
At our request, you agree to compensate us fully, defend us, and hold us, VibrantConcepts Aust Pty Ltd harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
14. OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and VibrantConcepts Aust Pty Ltd as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of VibrantConcepts Aust Pty Ltd, and we shall not be liable for any representation, act, or omission on your part.
15. NO WAIVER
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
16. GOVERNING LAW
The Terms together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.
17. CHANGES TO TERMS & CONDITIONS
VibrantConcepts Aust Pty Ltd reserves the right to change these Terms and Conditions of its service without informing you. The Terms and Conditions for existing orders shall be upheld by VibrantConcepts Aust Pty Ltd. You should check our Website for any updated Terms and Conditions.