Terms and Conditions

Terms and Conditions

It is a term and condition of accessing and utilising the Good Vibrations website (“www.goodvibrations.com.au”), which is the trading name for Good Vibrations, that Good Vibrations provides all the material published on www.goodvibrations.com.au. Your statutory rights as a consumer are not affected.

The Good Vibrations website is owned and maintained by Good Vibrations, a company registered Australia, and our main trading address PO Box 158, Park Holme, South Australia 5043.

This page, together with our Shipping Policy and Returns Policy, tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you.

These terms and conditions will apply to all and any purchases made by you through Good Vibrations. Please read these terms and conditions carefully and make sure you understand them before ordering any products from our site. Note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to purchase any products from this site.

We modify these terms periodically. We recommend that you review these terms and conditions before every purchase to ensure you understand the terms and conditions which apply at that time.

Age of Consent

By placing an order at Good Vibrations, you declare that you are of the appropriate legal age for your jurisdiction to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.

Contract Formation

All orders made by you through the Good Vibrations website are subject to acceptance and availability. We may choose not to accept your order for any reason. In the event that we do not accept your order, you will receive an email explaining why, or a phone call where an email address is not provided.

Prices of products are correct at the time of entering information; however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).

This contract is only formed and becomes effective after a purchase has been made from Good Vibrations, and you (the customer) have received an email from Good Vibrations confirming your purchase.

Cancellation

To cancel a purchase before it has been sent, and you receive an email with the Australia Post tracking number, contact Good Vibrations via email or phone. Our contact information is available on our Contact Us page.

Data Protection

Good Vibrations is compliant with the Privacy Act, which includes the Australian Privacy Principles. We only use your personal information in accordance with our Privacy Policy. We will not pass on your details to any third party in any circumstances. When you place an order, you give us consent to share your name and email address with web services and developed who are directly involved with the maintenance of the website, so they can send you a confirmation of your order, and so we can process your order effectively.

Copyright

Any material found within Good Vibrations including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.

Disclaimer

Good Vibrations provides, in good conscious, the Good Vibrations website as presented, and does not assure or promise the functionality of the material contained in this site. Good Vibrations does not assure representations or warranties of any kind, express or implied, with respect to the Good Vibrations or the information or content included in this site.

Use of www.goodvibrations.com.au

Connected to the use of the Good Vibrations website, including any orders of products, in no event will Good Vibrations be liable:

  • For losses that were not foreseeable to both parties when the contract was made
  • For losses that were not caused by any breach on part of the supplies
  • For business losses and/or losses to non-consumers

We do not in any way exclude or limit our liability for:

  • Death or personal injury caused by negligence;
  • Fraud or fraudulent misrepresentation
  • Defective products under the Competition and Consumer Act 2010;

You agree to use this site only for lawful purposes, and in a manner, which does not infringe upon the right of, or restrict the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

Jurisdiction

These Terms and Conditions are governed by the laws of Australia.

Good Vibrations reserves the right to amend these terms and conditions from time to time.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control (which means any act or event beyond our reasonable control).

If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel a contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including any delivery charges.

Additional terms

We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.