Welcome to Viva La Body and thank you for visiting our website!
When you use our services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Service and Use are hereby made effective or “we” or “us” or “our” or “Company”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Viva La Body, hereby amend and restate any such prior terms and conditions.
SECTION 1 - ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing our services and this website, you hereby agree:
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Viva La Body, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our services and our website shall comply with all applicable national, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.
SECTION 3- PAYMENT AND PRICES
Prices for products are quoted on the item listing. Our shop contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart.
SECTION 4- REFUSAL OF YOUR ORDER
We make an earnest effort to make sure that products listed on our website are available in stock and that the prices shown are correct. In the unlikely event when we’re not able to send your order or replacement due to unavailability of the product in our warehouse, we will inform you within a maximum of 7 working days from the date you place the order.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 5- DELAYS IN DELIVERY
Processing your order can take 2-3 business days and shipping can take up to 5-7 days (excluding holidays and weekends).
Please note that our products are delivered by Expressed Post via Australia Post and it should arrive outside of next day service from Darwin. Certain products purchased during this time may be delayed due to business interruptions due to local regulations regarding COVID-19. We are doing our best to estimate any potential delays in shipments on our product pages. We appreciate your patience and understanding at this time.
Although we endeavor to make sure all products listed on our website are currently in stock and pricing is true and correct, an ordered item may not be available. We will contact you, in case the product is not available.
We may provide shipping time estimations for all of our products. We will work to get your order to you as quickly as possible, but please note that our shipping lead times are all estimations and we cannot guarantee an order to arrive by a specific time. We encourage you to ship all items to a permanent address in order to ensure a successful delivery.
Estimated delivery dates are indicative & approximate values only and items can be shipped earlier or later also on case-to-case basis depending on availability of item and other factors.
Delivery time is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes. We will keep you informed on the status of your order including delays if any.
No refund, returns, replacement & exchange will be entertained for this reason.
SECTION 6- REFUNDS & REPLACEMENTS
Any product once received by you, can be returned to us for a full refund within 7 days of delivery of the product, if:
- You received the wrong product
- You received a faulty or defective product
Return of for purchased Products shall not be entertained by Viva La Body if:
- The Product has been used or altered in any manner. If we are satisfied that the Product has been used, we shall reserve the right to reject the return of the Product;
- The product has been damaged during the shipping process, by shipment carrier;
- The price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;
- The product is not accompanied by the original invoice of purchase.
- The serial number/IMEI number/bar code of the Product, as applicable, does not match our records;
- The accessories delivered with the Product are not returned along with the Product, in an undamaged condition;
- There are any dents, scratches, tears or any other damage to the Products or any part thereof;
- The Product doesn’t reach us in sellable condition;
- Viva La Body is satisfied that the Product has been rendered used, defective or unusable.
If you received a damaged/faulty product, please kindly contact us within 7 days of delivery with proof as below:
- The photos of original package with front and back sides
- The photos or video of the defective product(s)
- The photos, video or screenshot showing the malfunction of the defective product
If for some reason you are not satisfied with your purchase please contact us on +61 8 8988 2988 to discuss details and organize an approval to return. Items purchased through another retailer or elsewhere must be returned to their original point of purchase. Once your claim is approved you have to send the package back to the us. You are responsible for all the shipping charges required to ship items back to Viva La Body.
We reserve the right to refuse returns of any product that does not meet our conditions at our sole discretion. We will usually offer you a free replacement as soon as the problem is confirmed.
We will not be responsible for lost or stolen products during the shipping process. Once the product had been processed and shipped and once the tracking code has been provided to you, we assume no liability for the product nor we are responsible for any refunds if it is lost/stolen/not delivered to you. Please contact the respective shipping carrier to file a complaint.
SECTION 7- LIMITED LICENSE
You may access and view the content on the site on your computer or other internet compatible device for your personal, non-commercial use only. We grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.
SECTION 8- PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our website. You acknowledge that you are participating voluntarily in using our website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this website, and you agree to use your own judgment and due diligence before purchasing anything from our website.
SECTION 9- EXTERNAL LINKS
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
The site may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 10- LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with Viva La Body. You may not offer or enable any third parties to use the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.
SECTION 11- INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 12- DISCLAIMER OF WARRANTIES
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION 13- LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 14- TERMINATION
We may terminate, change, suspend or discontinue any aspect of the site or the site's products or services at any time. We may restrict, suspend or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 15- COMMUNICATION
If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
SECTION 16- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 17- FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 18- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with Australian laws, and the courts of Australia will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
SECTION 19- COPYRIGHT
All rights reserved. All materials presented on this site are copyrighted and owned by Viva La Body Pty Ltd, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
SECTION 20- HEALTH DISCLAIMER
- You should understand that using our products might be harmful or allergic to your health, if you have any allergies please read the product label carefully, before using our products.
- We highly recommend that you seek advice from with your physician before trying our products. We are not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
- Our products are meant for external use only, and may cause inflammation if gets in contact with eyes. Always wash your hands properly after using our products.
- By purchasing our products, you recognize and accept the fact that that some natural ingredients and essential oils in particular, may still cause sensitivity in susceptible individuals and that we will not be held responsible for such occurrences. We encourage those with sensitive skin to perform a patch test on the skin for possible reactions.
- By purchasing our products, you accept responsibility to check with a professional before using any products that may interfere with drugs or medical conditions.
- You should contact us immediately if you have any concerns or experience any discomfort after using our products. This includes irritation, redness, itching, puffiness, swelling or any pain in or around applied areas.
- Neither this website, nor our products are meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical advice based on anything that appears on the platform.
- If you are experiencing a medical emergency, you should immediately contact a qualified medical profession or contact the emergency health care services in your location immediately.
SECTION 21- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.