Terms and Conditions

 Last updated: August 2022

The Agency: Violeta Bec's Online Shop has been designed to create a user friendly, fast and efficient viewing and purchasing process for our Merchandise & products.

1. Terms and Conditions

1. By submitting an order through this website, you confirm and agree that you have read, understood and accepted the terms and conditions contained within this Merchandise Policy (Policy).
2. Upon our acceptance of your order, these terms and conditions form a binding agreement between you, the User (User, You or Your) and Violeta Bec, Australia (ABN. 73 539509098) (We, Our, Us or Violeta Bec, Australia, T/As Business Acumen Management PL).
3. We may, without notice, at any time, amend or modify this Policy by posting the amended version to this website.
4. This Policy should be read in conjunction with the Privacy Notice and Website Terms & Conditions of Use, which can be found at The Agency: Violeta Bec
5. If You disagree with any of the terms and conditions contained in this document, You must not submit an order. Submission of Your order is confirmation of Your acceptance of these terms and conditions.

2. Intended audience
All information provided on this website has been prepared in accordance with Australian law and is intended for use by residents of Australia.  Persons residing outside of Australia use this website at their own risk and should take into consideration the legislative requirements of their country of residence when accessing this website.  Should you choose to make a purchase on our website you should confirm that doing so will not constitute a contravention of the laws of your country of residence however, our Online Hub Store does not currently accept international orders.  We can only service orders for shipping within Australia.

3. User Information

1. By agreeing to this Policy, You affirm that all information provided by You is complete and accurate.
2. We agree to keep Your information in accordance with this Policy and Our Privacy Notice.

4. Privacy and use of information

1. We agree that We will at no stage intentionally sell, distribute, transmit, disseminate or release Your User information or uploaded data to third parties without Your consent, except where required by law, or to facilitate payment for and delivery of goods ordered.
2. To the extent permitted by law, You acknowledge that:
   1. We cannot guarantee the security or privacy of information submitted by You to Us; and
   2. You release Us from all liability in connection with the matters contained in this section of this Policy.
3. Further information relating to Our use of information can be found in our Privacy Notice and Website Terms & Conditions of Use, which will be deemed to form part of this Policy. In the event of any inconsistency between the terms of the Privacy Notice or the Website Terms and Conditions of Use and this Policy, the terms of the Privacy Notice or Website Terms & Conditions of Use, as relevant, will prevail.  The current Privacy Notice and Website Terms & Conditions of Use can be found at The Agency: Violeta Bec.

5. Ordering

1.  Our Products & Goods re available to members of the general public and to retailers in Australia. High volume bulk quantities of Products & Goods are available at a charge (eg. Includes any added Delivery Fees that may be required).  Should you wish to place an order for any Product and need any assistance, please call our Customer Service team on (612) 7228-7934. 

6. Shipping and Delivery
a) Port Botany - Warehouses
Goods ordered through our Online Store & Website (under Bulk Buy Order arrangements), will only ship from one of our warehouses:

• Our Main Warehouse - for items we hold in stock, such as brochures, skipping ropes and Walking program apparel.
• Dropship Warehouse – for Fashion & Novelty items, which are printed on-demand (at point of order), such as  t-shirts, crop tops, sweatshirt hoodies, each of which has customised design/messaging etc.

b) Shipping Processing Time
Standard processing times are:  24 - 48 hours processing time for orders being shipped from our warehouse.

c) Same-day processing cut-off time
Orders received after midday AEST/AEDST will be processed on the next business day.
d) Processing and Shipping days
Orders are processed and shipped on business days (Monday – Friday)
e) Post Office Box delivery addresses
Orders can be shipped to a PO Box, however if the parcel is large you will be required to retrieve the parcel from your local Australia Post office.
f) Are all shipping methods available on all items?
 Yes, both standard and express delivery are available on all items.
g) International Shipping
International orders are not accepted at this time.  We can only service orders for shipping within Australia.
h) Shipping charges and estimated shipping times.
Our estimated shipping times include order processing time and ‘in transit’ time.
Goods shipping from our warehouses.

SHIPPING METHOD AND ESTIMATED SHIPPING TIME

(1-15 WORKING DAYS) $145 + FREE EXPRESS 

Important Information regarding your order:

• You should receive an email confirming your order shortly after you’ve placed it. If you don’t receive that email, please check your spam/junk folders.  This is important because if you don’t receive that email you also won’t receive the email with your shipment notification and tracking information.
• You will not hold Us responsible for any loss caused by late delivery. 
• We are not responsible for delivery to an incorrectly submitted address. 
• We will assume, unless notified otherwise, that any person appearing to reside at the Delivery Address is authorised to accept Your order. 

7. Right to refuse sale
We reserve the right to refuse sale of a product at any point up until delivery. In the event that You have been charged for an item that We have subsequently refused or been unable to sell, You will be refunded the amount charged in full.
8. Responsibility of customer to pay (Debt Collection Proceedings)

1. You agree that if You place an order, You will make payment for all items ordered through Our website within the prescribed timeframe.
2. You affirm that You understand that failure to make payment for items ordered through Our website may result in Your order being cancelled, or, if your order has already been processed, debt collection proceedings being initiated against You.
3. You agree You are liable for the cost of any debt collection proceedings, or legal fees incurred in association with debt collection. 

9. Risk and Title in the goods
Risk in any goods purchased shall pass to You upon delivery to Your specified address, and title in the good shall pass to You upon full payment being received by Us.
10. Availability of goods
We make no warranty regarding the availability of any item listed on Our website. By using this website, You agree that You will not hold us liable in any way for any direct or indirect loss incurred as a consequence of the unavailability of any item listed on the site.
11. Photography
The product images used on this website should be viewed as a guide only. 

Colour variations may occur as the colours represented in photographs may not be accurate, and photos are not to scale. Our images may have been cropped to show detail. Our brochures are updated from time to time and may not display the most current version of any items available for purchase.
12. Indemnity

1. You agree to indemnify Us, Our employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage, including any and all legal costs (including lawyer’s fees), which We may incur as a result of Your usage of this website.
2. You agree to cooperate fully with Us in the defence of any claim.
3. You agree that We have full immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by You on or in relation to Our website.
4. You agree to indemnify Us from any action by a third party in relation to Your agreement with Us.
5. In no event will We be liable to You or any other party for any direct or indirect loss in connection with any data uploaded by You to Our servers.

13. Consumer Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Due to the custom nature of many of the goods We offer We are not able to offer exchanges or refunds due to change of mind. ‘Change of mind’ includes but is not limited to:

• Ordering the wrong size/preferring another size
• Ordering the wrong colour
• Ordering the wrong design

14. Manufacturer Warranties
Products (except brochures) purchased from this website may or may not carry a manufacturer's warranty.  Any such warranty is in addition to your statutory rights under the Australian Consumer Law. Warranty claims can only be made by the original purchaser, who should also produce a receipt. The Agency: Violeta Bec, would be happy to assist You by passing on your claim to the relevant manufacturer.  Please contact our Customer Service Officer on (612) 7228 7934  or via email on BAM@VioletaBec.com.au regarding any warranty questions.
15. Refunds and Returns

1. It is Our intention to process each order correctly. If a delivery error occurs, please contact us immediately on (612) 7228 7934.  We will arrange for the goods to be returned to a prepaid address.
2. Should you receive a damaged product, please contact Us immediately. Please do not discard any damaged packaging.
3. At Our discretion We may or may not send a replacement at no charge upon receiving photographic evidence of incorrect or damaged items (that is, the design, style, colour, size that you have received is not as you ordered).
4. All returns are to be sent via a traceable method. We accept no responsibility for any returns sent via Australia Post that are not traceable. We will provide you with a prepaid returns address.

16. Return Process
Please include the following information with Your return shipment:

1. Name, Address and contact phone number;
2. Order & Invoice number;
3. Quantity and description of each item being returned; and
4. Reason for return.

17. Force Majeure
No party will be liable to the other party for any failure or delay in performing any obligations under this Policy (except for the payment of money) to the extent that this is caused by or arises from events which include, but are not limited to:

1. fire, flood, lightning, storm or extreme weather conditions;
2. strikes, lock-outs, boycotts or other industrial disputes;
3. acts of war, terrorism, riots, civil commotion and explosions; or
4. government restrictions.

18. Severability
Each provision of this agreement is severable. Severance does not affect any other provision.
19. Governing Law

1. These terms and conditions are governed by, and must be interpreted in accordance with, the laws of Victoria.
2. By accepting these terms and conditions, you agree to submit to the exclusive jurisdiction of the courts in New South Wales.

20. Entire Agreement
This Policy, together with the Privacy Notice and Website Terms & Conditions of Use, referred to in clause 3, constitutes the entire agreement between the parties in relation to purchasing any of our online goods or merchandise, and supersedes any prior contracts, arrangements and understandings between the parties, unless otherwise agreed.
21. Questions
If you have questions, special requests or concerns about our Merchandise Goods & Products, please contact our Reception Desk for assistance on (612) 7228 7934 or 

Email us at BAM@VioletaBec.com.au.