Welcome to the Vabori Australia website. Vabori is a registered trademark of Lockreef Pty Ltd ACN 125 491 312. For the purpose of these terms and conditions “Vabori” will be used in place of “Lockreef Pty Ltd”. These Terms and Conditions apply to your use of:
a. the Vabori website at www.vabori.com.au (“Website”) including subdomains such as http://shop.vabori.com.au; and
b. any other social media website or page, containing pages or content established by, or associated with Vabori, including, but not limited to: (i) Facebook, (ii) Twitter & (iii) Instagram,
(collectively called the “Internet Sites”).
1. Terms: By using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
3. Amendments: Vabori reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
4. Intellectual Property: Unless otherwise stated, Vabori is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Vabori, its subsidiaries, or the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Vabori’s ownership in such intellectual property is protected by both Australian and international law. For the avoidance of doubt, Vabori® is a trademark of Lockreef Pty Ltd, and Vabori is lawfully entitled to use these trademarks.
5. License: Vabori grants you a limited license (“License”) for the purpose of learning about Vabori and its products, registering, ordering and paying for Vabori products, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately. Under no circumstances, without the prior written approval of Vabori, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites other than in accordance with the License. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilize framing techniques to enclose any of the contents of the Internet Sites without Vabori’s express prior permission. You may not use any meta tags or other hidden text which incorporate Vabori’s name or any of its intellectual property including trademarks without Vabori’s express prior permission. You agree to fully indemnify Vabori for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Vabori its related parties, employees, contractors or agents, that may arise as a result of your breach of the License.
6. Proprietary Notices: In the event that you are granted permission by Vabori to use any content from the Internet Sites other than for personal use, subject to any contrary agreement you reach with Vabori, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
7. Content: While Vabori endeavours to take all reasonable and appropriate care in the preparation of the content on the Internet Sites and has no reason to believe that any information contained on the Internet Sites is inaccurate, Vabori does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Vabori does not undertake to keep the Internet Sites updated, Vabori does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Vabori.
8. Posting Policy: The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites.
a. Vabori reserves the right without notice or explanation to:
i. not allow the posting of any specific Post; and
ii. edit any specific Post; or
iii. remove any Post;
b. personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
c. you agree to indemnify Vabori on demand for any loss or costs of whatever nature suffered by Vabori whether direct or consequential as a result of any breach by you of paragraphs a. and b. above.
9. Inappropriate Posts: Vabori has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users. If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate, please contact us immediately and we will do our best to resolve the issue.
10. Contact: Vabori can be contacted in any of the following way:
Phone: +61 467 245 961
Post: PO Box 5405, Gold Coast Mail Centre, BUNDALL, QLD, 9726
11. Opinions: Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Vabori regardless of whether Vabori may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. Genuine Opinion: To the best of Vabori’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. Linked Websites and Third Party Information: The Internet Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Vabori is not responsible for the content or privacy practices associated with linked websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Linked Websites do not operate under these Terms and Conditions except in relation to pages or content established by, or associated with Vabori. Vabori recommends that you examine the privacy statements posted on those Linked Websites to understand their procedures for collecting, using, and disclosing personal information and other information.
The Internet Sites may contain information which is obtained from third parties and which those third parties or Vabori may post on the Internet Sites from time to time. Such information is provided for convenience only and Vabori does not necessarily endorse the products or services referred to in the information.
14. Links: Vabori requires that you obtain the prior written approval of Vabori before providing any link to the Website. Where such approval is given, you further agree that you will not use any Vabori logo, trademark or other proprietary graphic as part of such link without the express prior approval of Vabori.
15. Accessing: You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunications equipment or other property. Vabori does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website, or any errors, omissions in, delays or interruptions to or cessation of the Internet Sites through negligence or otherwise.
16. Exclusion of Warranty: To the fullest extent permitted by law, in relation to your access and use of the Internet Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Vabori further notes that the information accessed through the Internet Sites is to inform you of Vabori’s range of products and their use. Vabori does not engage in offering professional medical or health advice. The information accessed through the Internet Sites is not intended to be complete or diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem please consult your health care professional. Where any law implies a warranty to these Terms and Conditions which may not be lawfully excluded, then to the maximum extent permitted by law, the liability of Vabori for breach of the warranty will be at its option limited to the resupply of the relevant service or the payment of the cost of having that service resupplied.
17. Exclusion of Liability: Under no circumstances will Vabori, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Vabori to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
18. Limitation of Liability: In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Vabori becomes liable for any loss or damage that would otherwise have been excluded, Vabori’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50AUD.
19. Jurisdiction: The Internet Sites are governed by and are to be interpreted in accordance with the laws of Queensland, Australia and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
21. Disputes: In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
22. Failure to Comply: Vabori accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
23. Waiver: If Vabori waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
24. Severability: If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
25. Breach: In the case of a breach of these Terms and Conditions by you or any other person, Vabori is free to decide whether it wishes to take action for such breach, and if so when and how. Vabori will not be prevented by passage of time or any other matter, from exercising its rights.
26. No Assignment: You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
27. Copyright: All Vabori content on the Internet Sites is protected. Vabori Limited is either the owner or licensee of all rights to such content. All such rights are reserved.
28. Queries: If you have any queries in regard to these Terms and Conditions, please don’t hesitate to contact Vabori.
29. Express Disclaimer: Any information provided by Vabori and accessed through the Internet Sites is to inform you of our range of products and their use. Vabori does not engage in offering professional medical or health advice. Information provided by Vabori and accessed through the Internet Sites is not intended to be complete or to diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your doctor or health adviser.
TERMS OF PURCHASE
1. These Terms of Purchase will govern the purchase of any goods (“Goods”) you make from Vabori (“Vabori”, “us”, “we”) through the Vabori website at www.vabori.com.au (“Website”). You should read and ensure you understand these Terms of Purchase before ordering (“Order”) any Goods through this Website. If you do not agree with any of these Terms of Purchase you must not Order Goods through the Website.
3. Amendments: Vabori reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.
4. Order: You may Order Goods described on the Website for the price specified on the Website. All prices are expressed in Australian dollars and are inclusive of goods and services tax chargeable under the Goods and Services Tax Act 1999 (“GST”). Vabori reserves the right to amend the prices of Goods from time to time without prior notice.
5. Details: Your Order must contain your name, email address, credit card details, billing address, delivery address and any other ordering information specified on the Website.
6. Cancellation: You may not cancel an Order once it has been submitted provided that Vabori may reject your Order at any time and is not required to give reasons for rejecting your Order.
7. Rejection: If we reject your Order for any reason, neither you or we will be under any further obligation to the other arising out of your Order or our rejection of that Order.
8. Reimbursement: If we reject your Order we undertake to reimburse you for any payments already received by us.
9. Delivery: Delivery of the Goods to you will take place in the manner chosen by Vabori unless agreed otherwise with you. Vabori will not be liable for any delay in delivery of Goods ordered.
10. Title: Title in the Goods does not pass to you until payment has been received in full by Vabori or its agent. You acknowledge that these Terms of Purchase create a security interest as defined in the Personal Property Securities Act 2009 (AU) in favour of Vabori in any Goods purchased from this Website, and that Vabori may at any time register a financing statement on the Personal Property Securities Register to protect its security interest in the Goods. While Vabori retains title to the Goods you must properly store the Goods and ensure the Goods are identifiable as Vabori product.
11. Payment: Payment must be effected in the manner described on the Website. Prices are inclusive of GST unless otherwise stated. Prices are, however, exclusive of other taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the Goods. Where payment is by credit card, you will be liable for all Orders placed using your credit card.
12. Donations: Vabori may from time to time donate a percentage of the sale price of any Goods to any charity of its choosing. The Goods to which this applies and the charity or charities chosen by Vabori are shown on the Website. Nothing in these Terms of Purchase comprises an endorsement of Vabori products by any recipient of a donation.
13. Capacity: The Goods are offered for sale only to persons who can make legally binding contracts. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements for legally binding contracts) in relation to the use of the Website and the purchase of Goods from the Website. By placing an Order for Goods you represent that you are capable of making a legally binding contract and that the Goods purchased will be used in a lawful manner.
14. Australian Law: Details contained on the Internet Sites relating to Goods, including any descriptions or claims made in relation to Goods, have been prepared in accordance with Australian law and may not satisfy the laws or regulations of any other jurisdiction. We do not warrant that the details, descriptions or claims on the Internet Sites concerning Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details, descriptions and claims satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details, descriptions or claims do not satisfy the laws of your jurisdiction, you may not Order any Goods from the Website.
15. Combined Terms: These Terms of Purchase together with any additional terms and conditions contained in the invoice or any other similar document issued by Vabori shall be the terms which govern your purchase of the Goods.
16. Possession and Risk: Possession and risk in the Goods shall pass to you upon delivery of the Goods to your agent or carrier or upon delivery of the Goods to the address supplied by you when placing an Order.
17. Incorrect Orders: Short or incorrect Orders must be reported to Vabori within seven (7) working days of their receipt together with the invoice number. Any Goods returned must be clean and free from price markings. Goods that have been damaged or are not resaleable may not be credited in full.
18. Return of Erroneous or Excessive Orders: For Goods ordered in excess of your requirements or in error, Vabori reserves the right to charge a handling fee of up to 20% of the original invoice value where those Goods are returned at the purchaser’s cost. An authorisation is required by Vabori prior to the return of any Goods and Vabori is under no obligation to grant any such authorisation.
19. Defective Goods: If Goods are purchased on the Website, and those Goods do not conform to specification or are defective, then provided such Goods are returned together with the relevant invoice or shipping note to Vabori within ten (10) working days of the date of purchase, Vabori will at its option, replace such Goods or refund the purchase price.
20. Exclusion of Liability: Under no circumstances will Vabori, its employees or its agents be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you, or by any other third party, whether direct or consequential (including, but without limitation, any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to Goods supplied pursuant to an Order placed on the Website or in respect of any failure or omission on the part of Vabori to comply with its obligations as set out in these Terms of Purchase in respect of the sale of Goods to you.
21. Limitation of Liability: In the event that any limitation or provision contained in these Terms of Purchase is held to be invalid or unenforceable for any reason and Vabori becomes liable for any loss or damage that would otherwise have been excluded, Vabori’s maximum liability in contract, tort, equity, statue, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of the supply of the Goods pursuant to an Order is to be limited to the lesser of the value of Goods comprised in an Order to which a claim relates; the cost of repairing or replacing defective Goods; and the actual loss or damage suffered by you. All other warranties, descriptions, representations and conditions as to fitness, suitability for any purpose or specific conditions, even though such conditions may be known to Vabori, merchantable or otherwise, whether express or implied, and whether statutory or otherwise, are expressly excluded, except to the extent that such liability is required by law without right of exclusion.
22. Fitness for Purpose: You acknowledge that you have made your own investigations as to the fitness of the Goods for your purpose.
23. Notification of Problem: Vabori shall not be liable for any damage, discrepancy or shortage in the Goods unless you notify Vabori and the carrier within 48 hours of the time of delivery of the Goods. In the event of total failure of the Goods to reach their destination Vabori shall not be liable unless you notify Vabori within ten (10) days after the date of purchase.
24. Severability: If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.
25. Goods Description and Availability: All descriptions of Goods, specifications, quantities and prices of Goods depicted on the Internet Sites are subject to change at any time without notice. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. Vabori will make all reasonable efforts to accurately display the attributes of the Goods, including applicable colours; however, the actual colour you see will depend on your computer and we can not guarantee your computer will accurately display such colours. While Vabori will use its best endeavours to ensure your Order is met, Vabori provides no warranty as to the availability of Goods ordered on the Website.
26. Waiver: If we delay or do not exercise any of our rights or remedies under these Terms of Purchase, that will not be a waiver of the right or remedy.
27. Retain a Copy: You should print out and retain or otherwise store a copy of these Terms of Purchase for your future reference.
28. Queries: If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.
PROMOTIONS TERMS AND CONDITIONS:
1. Products eligible for any promotions are clearly listed.
2. The exclusion of a product from any promotion will be indicated on the relevant product page(s).