Terms and Conditions
All contracts and dealings between Viva Devine (ABN 56 735 738 521) and each of its affiliates, associated companies, related entities, suppliers, manufacturers and assigns (‘Viva Devine’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Viva Devine to the Customer through the website vivadevine.com.au (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).
By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Viva Devine from time to time.
Viva Devine has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.
Access to the Website is permitted on a temporary basis, and Viva Devine reserves the right to withdraw or amend the Services without notice. Viva Devine will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Viva Devine may restrict access to some parts or all of the Website without notice.
All discount codes are only applicable for all orders over $80. Price discounts are in AUD. Further, discount codes cannot be used in conjunction with any other offer (excluding clearance sale prices). Please note, discount codes cannot be used to purchase gift cards (if applicable)
- All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Viva Devine.
- The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
- The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Viva Devine. Such consent may be withheld by Viva Devine at its absolute discretion.
- The Customer must not remove any copyright or trademark notices from the content found on the Website.
- Viva Devine makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.
TERMS OF SALE
- By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Viva Devine with respect to the supply of the Goods in accordance with these Terms.
- All Orders are subject to availability of the Goods and confirmation of the Order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Viva Devine will not be responsible.
- The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
- In order to contract with Viva Devine the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to Viva Devine.
- Viva Devine reserves the right to accept or reject an Order for any reason at any time.
- When placing an Order the Customer undertakes that all details that are provided to Viva Devine are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
- Viva Devine reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 7 working days, your order will be cancelled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be cancelled and refunded.
- The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
- Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
- Viva Devine reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
- In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
- Viva Devine will issue the Customer with a tax invoice once payment in respect of the Order has been processed.
PRODUCTS OR SERVICES
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
LAYBY VIA PAYPAL
- Viva Devine provides layby for eligible all orders, no minimum.
- The Layby is set up with a 20% minimum to 50% maximum Initial Deposit, and includes a 8 week duration with monthly instalments.
- Once orders are fully paid, we will then process and ship the orders to customers.
- The initial deposit (down-payment) will be taken at the time of transaction with the remaining 2 payments plan of deducted each month over the remaining 8 weeks.
- In the event of a cancellation, we reserve the right to retain a 20% deposit initially paid to cover the cost of cutting and holding your product.
CANCELLATION, REFUND & EXCHANGE POLICY
- Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Viva Devine. The Customer will, however, be able to return Goods in accordance with Viva Devine’s returns policy.
- Viva Devine may accept returns within 14 days for Australian customers and international customers from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
- Goods for return must be posted at the Customer’s expense.
- The Customer must include their order confirmation email & completed returns form within their return parcel.
- Any Goods which Viva Devine has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost ($17 for free shipping and from $20 to $45 for express shipping) unless the garment was faulty.
- Due to health reasons, makeup, swimwear, intimates, hair accessories and jewellery cannot be returned unless deemed faulty or wrongly described as defined under the Australian Consumer Law.
- Upon accepting the goods, Viva Devine will issue the customer with an online credit note, a replacement or cancellation of the Customer's Afterpay, zipPay, Sezzle payment plan (if payment method was Afterpay, zipPay or Sezzle).
- Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note.
- Under Australian Consumer Law, if the goods are not met the guarantees, the Customer cannot cancel and demand a refund immediately. Viva Devine must have an opportunity to fix the problem with Customer. If the repairs take too long, the Customer can get someone else to fix the problem of the good and ask Viva Devine to pay reasonable costs, or ask for cancelling the service and get a refund.
DAMAGED & FAULTY GOODS
- All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.
- If the Customer discovers that a Good is faulty or damaged, the Customer must notify Viva Devine as soon as possible within 14 days of purchase or within a reasonable time frame thereafter either by contacting Viva Devine via the process outlined on the Returns page online.
- If Viva Devine inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair or replacement (for a minor fault) or a refund, repair or replacement (a major fault). The Australian Consumer Law Guarantees outline the difference between the two. See here for more information.
- Viva Devine will cover the packaging and postage costs associated with the Customer returning a faulty or damaged Good.
- Customers are liable for any delivery costs if the Good is found not to be faulty.
Orders are processed on business days (Monday through Friday) excluding public holidays from our Overseas Factory & Fulfilment Centres.
Customers will be provided with tracking numbers once orders are shipped out.
See our shipping policies for further details.
In the event where a parcel is not claimed/refused by the receiver, DHL will attempt re-delivery. If DHL and/or our team is unable to arrange a re-delivery by DHL's cut-off time, the parcel will be destroyed and abandoned by authorities in the receiver's country. Consequently, there will be no refunds for parcels that are not claimed or refused.
- Any period or date for delivery of Goods stated by Viva Devine is intended as an estimate only and is not a contractual commitment. Viva Devine will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
- Viva Devine reserves the right to amend delivery methods without notice.
A Pre-Order is the term used when a Good is currently unavailable for immediate shipment and is in production to be shipped at a later date. The estimated date of delivery and production can take up to 2 months to complete. Pre-Order items that are not able to be cancelled once placed.
LIMITATION OF LIABILITY & INDEMNITY
- The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Viva Devine makes no warranties or other representations in relation to the supply of Goods. Viva Devine’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
- The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Viva Devine, its affiliates, suppliers, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
- Viva Devine does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
- Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Viva Devine against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Viva Devine retakes possession of the Goods in accordance with clause 9.
LINKING TO THIS WEBSITE
- The Website may provide links to websites and access to content from third parties, including users and affiliates of Viva Devine.
- The Customer agrees that Viva Devine is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
- To the fullest extent permitted by law in no way will Viva Devine, be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.
The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
If the performance of Viva Devine's obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Viva Devine, Viva Devine will not be liable for any loss or damage suffered by the Customer or any other person and Viva Devine will give the Customer written notice if the force majeure event has continued unabated for 30 days.
GOVERNING LAW & JURISDICTION
These Terms contained herein shall be governed by the laws of Western Australia, Australia and the Customer submits to the exclusive jurisdiction of the Courts of WA to hear disputes arising under or in connection with these Terms and courts entitled to hear appeals from those courts.
- The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
- The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.