For the purposes of this Terms, Conditions & Refunds Policy, Victorian Promenade™ will be Known as “We, Our, Site or Us", Users and Customers of victorianpromenade.com.au will be Known as “You, or Your".
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (victorianpromenade.com.au). By accessing or using this site, You agree that You have read and understand these terms of use and You have read and understand Our Delivery & Payments and Privacy Policy that make part of this Terms, Conditions & Refunds Policy. If You do not agree to these Terms, Conditions & Refunds Policy You may not use this site.
We have the sole authority and discretion to operate and maintain victorianpromenade.com.au. Accordingly, we reserve the right to remove any item, picture, or posting from victorianpromenade.com.au at any time for any reason, without notice. We are under no obligation to remove or change any item, picture, or posting from victorianpromenade.com.au at your request and any such requests shall be resolved at our sole discretion.
We reserve the right to refuse service to anyone, to reject any Customer purchase and customer account, and to discontinue existing service to any customer at any time. We also reserve the right to block any Customer from purchasing items from our site, to cancel your membership and deny access to victorianpromenade.com.au of You, due to any reasons which we consider, at our sole discretion, to be disruptive to the business and or reputation of victorianpromenade.com.au.
By using our services you represent to us that You are not a minor under applicable laws and you have the authority to enter into legal contracts and the information You have provided us during the registration process and thereafter is to the best of your knowledge complete, truthful and accurate.
You also agree that You will Deal with Us in good faith, and refrain from contracting (via completing a Purchase Order) with Us for items that you have no intention to purchase. Abide by the payment terms and terms of sale, and comply with the policies and terms of victorianpromenade.com.au.
You agree that You will not Interfere with the business of Victorian Promenade, or post false, inaccurate, misleading, defamatory, or libellous content about Victorian Promenade.
You agree that You will not utilize, copy, modify, distribute, or harvest content, including photographs, from victorianpromenade.com.au for use elsewhere without obtaining advance permission.
You agree that You will not engage in any disruptive technology-related practices such as spamming, hacking, harvesting information, or distributing viruses or any technology that may harm victorianpromenade.com.au or any other customer.
You agree that You will not engage in any unruly, disruptive, unprofessional, or offensive conduct while using victorianpromenade.com.au or communicating with our personnel.
You agree that You will not violate any laws, third party rights, or any of our policies and terms of victorianpromenade.com.au.
We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate Your access to victorianpromenade.com.au upon your breach of any of the above representations and covenants.
This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, victorianpromenade.com.au, and any content developed by Us, which shall remain our intellectual property.
This Agreement is terminable at any time by any party. If You terminate this Agreement, You agree to no longer access or use victorianpromenade.com.au as a customer.
All products must be paid for in full in Australian Dollars with funds from Credit Cards. PayPal, Money Orders, Cheques or Direct Deposits cleared into our accounts before your purchase is dispatched.
All sales are final, once you press the confirm Order button at the end of the checkout process you have entered into a legally binding contract to purchase and pay for your order and no refunds will be given for change of mind. If a return is approved for any reason other than Us sending You the wrong product You will be liable for all postage charges and a restocking fee of 15% of the order with a minimum restocking fee of $10.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VICTORIAN PROMENADE™ OR A VICTORIAN PROMENADE™ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO ANY ITEMS YOU PURCHASE FROM US EXCEPT AS STATED IN OUR RETURN POLICY.
You will indemnify and hold Us (and our officers, directors, agents, and employees) harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or any rights of a third party.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia as applied to agreements entered into and to be performed entirely within Victoria between Victorian residents, without regard for conflict of laws principles.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
You agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Victoria Australia.
Unless specifically provided otherwise, all notices under this Agreement may provided via email or ordinary first class mail at the sending party’s election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice sent by mail shall be deemed given Twenty Eight (28) days after the date of mailing.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Victoria Australia.
Lay-By Terms
When buying any item on payment terms from Victorian Promenade you agree to be bound by our lay-by terms in full.
Minimum payment on all Lay-By contacts is 10% payment/deposit with a maximum of 10 monthly payments including 1st payment.
All Lay-Bys must be paid in full including shipping within 10 months and you only receive title of goods when payment is made in full.
We may cancel your lay-by at any time. If canceled for your breach of contract we will refund your payments less the cancellation fee.
If we cancel you lay-by for any other reason we will provide a refund in full.
You may cancel the lay-by at any time but will in all cases except a breach of contract on our behalf be liable for a cancellation fee.
The cancellation fee is 10% of the total purchase price if cancelled in the 1st month and an additional 5% for each month after to a maximum of the total purchase price.
Refunds
No refunds will be given for change of mind. Every effort has been made so that all items sold by Us are of the description and kind specified at the time of sale. Where reasonable proof is given that the item has been damaged by us, damaged in transport or the wrong item sent we will correct the mistake.
All items sold by us are used and will have some wear and damage to be expected with their age, We do our best to describe any wear and damage and include photographs which are part of the description, please study the description and photographs carefully as we do not except returns for normal wear and tear whether it is in the description or we have not noticed it. Please check your order on arrival and notify us as soon as possible if you are concerned about your item, all claims must be received within 7 days of receipt of item.
If an incorrect item has been dispatched please make immediate contact.
If your item has been damaged in transit, please photograph item and packaging immediately and forward photographs to us so a claim can be made against Australia Post insurance.
