Terms & Conditions
Welcome to our Váhy™ Australia website (the Site). Váhy™ (referred to as We, Us or Our) provides the services available on the Site to you subject to the following terms and conditions (the Terms and Conditions). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. These Terms and Conditions include the additional policies related to orders placed through this Site.
1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
2. About Váhy™
The Váhy™ business in Australia is operated by Vahy Pty Ltd (ACN 615 549 212).
3. Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Australian law you must: (a) register your details on the checkout processes of the Site; and (b) be the holder of a valid debit/credit card.
4. Language
This contract will be in English.
5. Products and product descriptions
Information on the Site
The Site has been designed to provide general information about Váhy™ and its business and to offer the opportunity to purchase Váhy™ products and receive regular newsletters and updates on Váhy™ products. The information provided at the Site is not intended to provide medical advice. Users of the Site should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. If there is any inconsistency between information provided on this Site and any information provided with a Váhy™ product, the latter should be taken as most correct.
Products may not be available or as described
We endeavour to ensure that photographs, details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product and service descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.
Information may be out of date
Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted.
6. Purchase Policies
Personal use only
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that the completion of your order may result in the violation of our Terms and Conditions or the product is out of stock or subject to some other form of recall from sale we may, with or without notice, to cancel or reduce the quantity of your order.
7. Prices
All prices indicated for products available via the Site are inclusive of sales taxes (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the checkout and delivery section of the Site.
8. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Váhy™ Site by clicking on the submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Váhy™.
Unless we have notified you that we do not accept your order or you have cancelled your order if permitted by the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any information regarding your order(s) please contact Customer Services on hello@vahy.co.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions or if we identify a product or pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
9. Payment
You many pay using any of the methods specified in the payment section of this Site (including Klarna). You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
10. Title to goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you (i.e. leaving our warehouse) and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
11. Risk of loss
Risk in the goods will pass to you upon dispatch to the postal service, courier or if purchased in person, you directly.
12. Delivery
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only and can vary significantly. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery or damage during delivery caused by any third party.
13. Acceptance of goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Terms and Conditions. If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date.
If the goods you receive are faulty or not what you originally ordered, we will be happy to replace the goods when the original item(s) are returned to us.
Please notify us immediately on hello@vahy.co. Please be sure to include your order or invoice number. This policy is only applicable to purchases made online; we are unable to process returns for purchases made at a stockist. Returns for purchases made online will not be accepted for return or exchange at a stockist.
14. Intellectual property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property Váhy™, its affiliates, our partners or our licensors, and is protected by United States, Australian and international copyright laws. The trade marks, logos, and service marks displayed on the Site (collectively, the "Trade Marks") are the registered and unregistered marks of Váhy™, its affiliates, licensors or partners, in Australia and other countries, and are protected by United States, Australian and international trade mark laws.
All other Trade Marks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. None of the content, the Trade Marks, and any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
15. Limited licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its content other than personal use; (iv) create any derivative work based upon either the Site or its content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trade Marks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trade Mark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.
16. Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You must act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Váhy™, our affiliates, partners or licensors.
The IP in any content posted by you on our Website or social media accounts is irrevocably assigned to us and may be used by us on the Website and other platforms and mediums. You agree that you will adhere to all laws, customs and standard ethical practices when posting on the Website and social media accounts. If we locate any content that breaches our ethical standards (for example, is a review of a product you have not tried; makes false claims; or contains factually incorrect statements) then we reserve the right to remove your content and ban you from use of our Website and social media accounts. This is in addition to any other rights we may have against you at law.
17. Third party links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
18. Limitation of liability
No representations or warranties
To the extent permitted by law, we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
The information and reference materials contained on Our Site and any blog are intended solely for the general information of the reader. The information contained on this Site is for discussion purposes only and is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgement of a physician for any given health issue. The major limitation of informational resources contained herein is the inability to take into account the unique circumstances that define the health issues of any patient. Please consult your health care provider for medical advice.
Exclusion of loss caused by certain things
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any
(a) interruption of business;
(b) access delays or access interruptions to the Site;
(c) data non-delivery, mis-delivery, corruption, destruction or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the Site;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party sites;
(f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
(g) events beyond our reasonable control.
Exclusion of certain types of loss
To the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (or any lost profits) related to the Site and our products regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Cap on liability
In no event shall our maximum aggregate liability exceed one hundred dollars as applicable or the value of the goods ordered, whichever is greater.
21. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or our products. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
22. Complaints
If you wish to complain about any matter please contact Customer Services on hello@vahy.co.
23. Disputes
Your use of this Site and any purchase by you of any goods from Váhy™ will be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.
24. General
Entire agreement
You acknowledge and agree that these Terms and Conditions, including the receipt and information on or in the product, are the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications.
We may amend these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No agency or partnership with you
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
Time not of the essence
Time is not of the essence of these Terms and Conditions with regard to any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions are unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
25. Discount codes
If you have a discount code, you code needs to be entered at the checkout. These terms and conditions apply to all discount codes or promotions where you must redeem a promotional code to obtain the promotional offer:
- The promotional code is valid for a limited time only.
- Each promotional code can be used only once, unless otherwise specified.
- Each promotional code applies only to qualifying items as specified in the offer.
- The promotion is subject to all restrictions set forth in the offer.
- The promotional code is not transferrable and may not be resold.
- If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.
- Promotional codes may not be combined with other offers.
- There is a limit of one promotional code per customer.
- Promotional codes must not be published online or disclosed to any third party, you will be liable for any loss occurring as a result of such conduct.
- If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.
How to use discount codes
When you purchase the Balanced Encounter Set, you will be sent by email a Gift Card for the value of the Balanced Encounter Set which can be used against any product (excluding another Balanced Encounter Set). If you have not received this within 24 hours of your purchase, please first check your junk mail folder then contact us.
26. Discount for Balanced Encounter Sets
When you purchase a Balanced Encounter Set you are entitled to a discount of AU$65 off your next purchase through the Site (the Balanced Encounter Offer). The following terms and conditions apply to the Balanced Encounter Offer:
- You can only purchase full price products through the Website (not through any third party stockists).
- You cannot purchase another Balanced Encounter Set or Gift Cards with the Balanced Encounter Offer.
- The Balanced Encounter Offer is only valid for two months from the date of purchase of the Balanced Encounter Set.
- You may only use the Balanced Encounter Offer once and there is a limit of one Balanced Encounter Offer per customer.
- Balanced Encounter Offers do not entitle you to a refund, credit, cash advance, to redeem it for cash or receive any portion of the remaining Balanced Encounter Offer value in cash.
- The Balanced Encounter Offer can only be used on one transaction and any remaining value is cancelled after use.
- The Balanced Encounter Offer cannot be transferred, sold or published to any third party.
- If you return items purchased using the Balanced Encounter Offer, we will subtract the value of the Balanced Encounter Offer from your return credit if credit is offered.
- The Balanced Encounter Offer cannot be combined with any other offers.
- If you violate any of the Terms and Conditions, the Balanced Encounter Offer will be invalid, and the Balanced Encounter Offer discount will not apply.
- The Balanced Encounter Offer must not be published online or disclosed to any third party, you will be liable for any loss occurring as a result of such conduct.
- The Balanced Encounter Offer cannot be applied to past purchases, it can only be applied to purchases after you have ordered the Balanced Encounter Set.
- Treat your Balanced Encounter Offer like cash. Lost or stolen Balanced Encounter Offers will not be replaced or refunded. The bearer of the Balanced Encounter Offer will be taken to be the owner.
- We reserve the right to cancel any Balanced Encounter Offer or the Balanced Encounter Offer program, for any reason at any time without notice.
27. Gift Cards
These Terms and Conditions of Use apply to all gift cards, returns card and credit issued by Váhy after 1 July 2018 (Gift Cards). Your purchase, redemption or attempted redemption of a Gift Card constitutes your acceptance to be bound by these Terms and Conditions and agreement to Our Privacy Policy.
These Terms and Conditions along with any specific terms and conditions listed on the Gift Card or enclosing email contain the full set of terms and conditions governing your use of the Gift Card. We recommend that you read these terms carefully before using the Gift Card.
(a) ExpiryAll Váhy Gift Cards purchased will expire three years from the issue date with no extensions possible.
(b) RedemptionExcept for the exclusions listed in under the heading ‘exclusions’ below, once loaded with value your Gift Card may be redeemed for purchases on the Site only.
(c) ExclusionsThe following are the exclusions applicable to the redemption of your Gift Card:
- all purchases made via third party stockists and not through the Site;
- bill payments, including supplier invoices and store accounts;
- Gift Cards cannot be used to purchase other Gift Cards.
To purchase a Gift Card, please select ‘Gift Card’ from our Site then proceed through the checkout. After checkout an electronic gift card will be sent to your nominated email address. You can then send this gift card to the desired recipient (or keep it for yourself, we won’t tell).
Please note that there may be a 24hr delay in the funds being uploaded onto the Gift Card. During this delay, the Gift Card cannot be used for purchases or transaction enquiries.
(e) How to purchase with a Gift CardDuring checkout of the merchandise that you wish to purchase from the Website, use your Gift Card by inserting the unique code during the checkout process.
The transaction will be completed when the balance has reduced on your Gift Card. Please note that no change will be given for any remaining Gift Card value. The remaining Gift Card value may be used in whole or part against future purchases until the Gift Card expires.
You agree that we can reduce the remaining Gift Card value by the value of all purchases of goods and services that are authorised by you. Transactions are authorised by you by:
- imputing, swiping or scanning your Gift Card and entering your Gift Card code, or allowing an operator or other person to do so, at the point of sale on the Site; or
- giving us details of the Gift Card and authorising the transaction in some other way approved by us.
When you authorise a transaction you are confirming that the transaction correctly represents the purchase price of the goods or services obtained and you are agreeing to pay the amount of that transaction by the reduction of the remaining Gift Card value.
You can use one gift card per order. Should you have multiple gift cards, please contact us with your gift card details and we can assist you in placing your order.
(f) Purchases exceeding the remaining Gift Card valueYour Gift Card may only be used to make purchases up to the initial Gift Card value or the remaining Gift Card value. If you wish to make a purchase for an amount that exceeds the Gift Card value or the remaining Gift Card value, you must pay the excess using another payment method.
(g) No cash advancesGift Cards are not legal tender, account cards, credit or debit cards or securities. You cannot obtain any cash advance with your Gift Card, redeem your Gift Card for cash or receive any portion of the remaining Gift Card value in cash.
(h) Checking your Gift Card balance, expiry date and transaction historyYou will not be sent statements of transactions on a Gift Card. You should keep a record of your Gift Card balance. If you cannot recall this, please contact us via email at hello@vahy.co and provide your Gift Card number as well as your details and information about any purchases you can recall.
(i) Can I exchange my Gift Card?You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.
(j) Destruction of Gift Card with no valueAll Gift Cards remain the property of Váhy. If the remaining Gift Card value is zero your Gift Card cannot be reloaded. We may destroy your expended Gift Card or you must destroy or delete it.
(k) Cancellation and voiding of Gift Cards- Gift Cards cannot be cancelled once they are issued except if voided by Us if their value is used or if they expire.
- We reserve the right to void any Gift Card that appears to have been defaced, mutilated, altered or tampered with in any way and We may subject Gift Cards to a verification process.
- We reserve the right to cancel any Gift Card, or the Gift Card program, for any reason at any time without notice. In such instances (except those set out in paragraph ii) we will elect to provide a refund or a replacement Gift Card.
- We reserve the right to correct the balance of your Gift Card if we believe that a clerical or accounting error has occurred.
- If you publish your Gift Card details online or to any third party, then you are responsible for any misuse of that information by third parties and no refund or new Gift Card will be issued.
A re-issue of faulty or damaged Gift Cards is not available unless the fault or damage to the Gift Card is proven to be a result of the production process or otherwise due to the fault of us or our agents or contractors. If you do not receive your Gift Card, please check your junk mail folder first then contact hello@vahy.co if it is not there.
(m) Lost or stolen Gift CardsTreat your Gift Card like cash. Lost or stolen Gift Cards will not be replaced or refunded. The bearer of the Gift Card will be taken to be the owner of the Gift Card.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by Us.
(n) Changes to Terms and Conditions of UseWe reserve the right to change any of the terms contained in these Terms and Conditions of Use at any time where the change is required for any reason and agree to provide you with at least 30 days' notice of such changes. We will give you notice by posting the changes on www.vahy.co.
(o) Privacy and confidentialityOur Privacy Policy explains how we handle the personal information that we may collect from you with respect to Gift Cards. A copy of the Váhy Pty Ltd Privacy Policy is available at www.vahy.co.
(p) Limitation of liabilityYou have certain rights under the Australian Consumer Legislation which cannot be excluded and are not affected by these terms and conditions. Except for those statutory rights, any conditions implied by any other laws are excluded from these Terms and Conditions.
To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms and Conditions, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause except if caused by our gross negligence. To the extent permitted by law, if we are liable to you, our maximum aggregate liability to you is limited to the remaining Gift Card value on your Gift Card.
28. Competitions
As a subscriber of Váhy™ you will be given the opportunity to enter competitions from time to time via the offers made by Us, as well as the opportunity to take advantage of special offers. Each competition and special offer is subject to terms and conditions which will be available to you via the offer at the time of entering the competition or viewing the offer. Any competition that is made available to the public is governed by its own terms and conditions subject to law. The terms and conditions of each competition will be made available to all prospective entrants and should be read in conjunction with these Terms and Conditions. Vahy reserves the right to terminate or cancel any competition at any time. All entries in the competition become the property of Vahy. Vahy collects personal information from entrants to conduct the competition and may, in the course of business, disclose the personal information to third parties, as required. Entry in this competition is conditional on provision of the personal information requested. Entries may be entered into a database and Vahy may use the entrants' names and addresses for future promotional, marketing and publicity in various forms by the Vahy, and the entrant consents to such use. Entrants may direct any request to access their personal information to Vahy. Additionally, all literary works submitted as part of an entry become the property of Vahy and it is a condition of entry that those literary works may be used by Vahy for their own promotional, marketing and publicity purposes without restriction. Vahy may share the entry details with any prize provider.
For the Win Your Order Back competition, winners will be issued a Vahy gift card which is the full value of what you paid to Vahy. Winners will be picked at random monthly and you will be notified by Vahy either via hello@vahy.co or by vahy.co on Instagram. Every order from the date of launch of the Competition who either post on Instagram, Facebook or TikTok and tag @vahy.co or who leave a public review of Vahy (on Google or on our Website) will automatically enter the draw to win. You will remain in the draw for as long as the competition continues. To opt out please email hello@vahy.co.
For the the Win $1,000 Competition, winners will be issued a Vahy gift card valued at AU$1,000 that can be used on any products except further gift cards. Winners will be picked at random and you will be notified by Vahy either via hello@vahy.co or by vahy.co on Instagram. Please be aware of scam accounts and do not give your details to anyone outside of these two accounts. The prize is not transferable and cannot be traded for cash. You have two months from the date of notification to accept the prize. One entry per person.
29. Use of Electronic Addresses
All electronic addresses of Váhy™ and its employees published on the Site, in any email or in a newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Vahy Pty Ltd and its employees to receiving unsolicited commercial electronic messages not directly related to the Site, the newsletter or the Váhy™ business.
30. Spam
By purchasing Váhy™ products on line or subscribing to our electronic communications you are consenting to receive electronic communications from Us regarding Váhy™’s products, offers and services. You can withdraw your consent by unsubscribing at any time simply by click "unsubscribe" or "manage subscriptions" from the electronic communication.
31. Feedback
While We are pleased to receive feedback, comments and ideas from visitors to the Site, any information that you submit through the Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). Please read the Privacy Policy before submitting personal information to Us. Your use of the Site constitutes your acceptance of all the terms of the Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Site or to Váhy™ email addresses, you hereby grant Us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that We are free to use them for any purpose.
32. Online returns and exchanges
We hope that you are enchanted with your order. However, if there is a fault with the product or it is not the product that you ordered, you may return the product within 7 days of delivery and we will provide a replacement product of the same value at free of charge. Please be aware that postage will be at your cost.
Returns will be processed within 5 to 10 business days upon receipt. In the event that a refund (excluding the initial delivery charge) is given, it will be made against the original debit/credit card used.
We cannot accept returned goods that we believe have been used or opened. In such circumstances, we will notify you that no refund will be available and we will return such goods to you. Please be aware that we do not provide exchanges or returns for a change of mind or if the scent is not how you expected it to be. We encourage all customers to purchase the Balanced Encounter Set first so they may smell all scents and select the scent they like most before making other purchases.
Returns process
- Email us at hello@vahy.co with your receipt and all details of why you would like to return your product.
- Return the goods to us in their original condition within 7 days of delivery. Please ensure that the parcel is properly padded, sealed and secured and ensure our email correspondence is contained in the parcel along with all original invoice details.
- We will process the return within 5 to 10 business days of receipt then contact you via email or telephone.
33. Shipping and delivery
2023 HOLIDAY UPDATE
General
Our organic alcohol based scents have some restrictions as to where they can be shipped and how they can be shipped. As this often cannot be by air, we appreciate your patience as our products sail the oceans to you.
Due to strict international transport regulations (IATA), we are not allowed to ship items containing alcohol such as our perfume range to some countries. If your country is not listed in the shipping options during checkout, we recommend that you order any other item in our collection that doesn’t contain alcohol or see if there is a stockist of ours in your country. If it’s an option for you, you can also change your delivery address to one of the countries that is permitted during our checkout process. Our apologies for the inconvenience.
Shipping fees
We provide free standard shipping for all orders over AU$60 within Australia and internationally.
You have the option of Express Post for the fees set out during checkout.
If you need your item urgently, you can elect the Express Post option during the checkout process.
Shipping timeframes
For Standard Post, orders received before 7:00 AM on business days will be dispatched the same day. Orders received after 7:00 AM will be dispatched the next business day. For Express Post, orders received before 12:00 PM on business days will be dispatched the same day. Orders received after 12:00 PM will be dispatched the next business day.
We do not ship orders on Saturday, Sunday or public holidays.
Shipping times after dispatch are estimated below. Please note that these are shipping timeframes during normal times, the pandemic will affect the below.
Australia Wide
- Standard Post 3-7 business days depending on your location within Australia
- Express Post 1-3 business days depending on your location with Australia (next business day to most metro areas)
Western Australian (WA) customers
- Standard Post 4-8 business days
- Express Post 1-3 business days
International
- Standard Post 5-10 business days
- Express Post 2-5 business days
The above is a guide only, please check the Australia Post website for the Standard and Express Post timeframes applicable to your location. You can also refer to your postage tracking information sent after purchase. Please be aware that remote destinations may take a little longer depending on customs regulations within your country. There may also be locations where Express Post is not offered due to the customs regulations.
Shipping and delivery requirements
Deliveries are made during normal business hours. All imported goods are subject to assessment for import taxes and charges even if you imported those goods for your own use. Any international taxes and duties are payable by you. We will select the best methods to minimise costs of taxes, duties, customs and freight wherever possible to make your experience in purchasing our product online as pleasant and convenient as possible. However, unfortunately We are unable to provide information relating to the cost of unexpected taxes or duties as these charges vary and are beyond our control.
Please note that once an order has been placed, the shipping option cannot be modified, and your order will be shipped to the delivery address you provided. Please make sure to provide all the details needed including apartment/suite/building number, and the company name if needed. Please also note that tracked deliveries that cannot be delivered because you are unavailable will be shipped again at your expense or cancelled. Please be advised that We cannot be held responsible for lost packages or delays although we will do our best to sort it out with the carrier.
We will accept and deliver orders within the limit of available stock. In case items are temporarily or permanently unavailable, we will send you an email so that you are informed. You will then have the option of modifying or cancelling your order. In case of a cancellation because of the temporary or permanent non-availability of items, we undertake to give you a full refund as quickly as practicable.
34. Maximum purchase policy
We limit orders to six (6) of any single item. Orders exceeding these limits are subject to cancellation. If you would like to set up a wholesale account with us, please reach out by email at hello@vahy.co to discuss this possibility.
35. Scent specific information
Ingredients
Ingredient transparency is very important to us at Váhy™ that is why you will see the ingredients of each of our perfumes listed on the product page of the Site. In addition, we are committed to ensuring that No Nasties are included in any Váhy™ products that are applied to your skin. For more details on our No Nasties policy, please see the About Us section of the Site.
Usage
Our scents are designed to last for 4 to 5 hours. How long they actually last will vary from person to person and could last up to seven hours. After applying, we recommend that you allow three seconds for our products to develop into their full scent.
Apply our perfume products to your skin (topic use only) and do not apply near sensitive skin, cuts, abrasions or near your eyes or other openings. Our products should not be ingested. If any irritation occurs, stop use immediately, wash with cool water then see your medical practitioner. We suggest that you do a patch test before using any new product. Do not use any of our home fragrance range as personal care products.
If you are pregnant or breast feeding you should speak with your medical practitioner before using any type of scent. Keep our products out of reach of children. They may be harmful if swallowed.
Storage
The delicate natural ingredients used in Our products can be affected by direct sunlight. Please store your Váhy™ products with their lid on somewhere cool, ventilated and out of direct sunlight or heat. Please be mindful that our organic cane alcohol based products are flammable and may be subject to postage restrictions.
Expiry
Due to the natural and organic ingredients used, our products have a shelf life of 12 months.
36. Special Promotions
For any special promotions that include alcohol, these are only able to be purchased by persons over the age of 18 in Australia. We may ask for proof of age and your delivery may be cancelled or abandoned at your cost if you cannot provide suitable proof of age. If alcohol is being provided it is intended to be as a gift, and a small part of a gift bundle. If you purchase a gift bundle that includes alcohol, you warrant that you are over the age of 18 and located within Australia purchasing the product as a gift.
37. Scent Circle Loyalty Program
The Scent Circle (also referred to as “Loyalty Program”) is a customer rewards program (“Program”) managed and conducted by Us for the benefit of you. Opting in to the Program is automatic upon inserting your details on our loyalty page. By opting in to the Loyalty Program you agree to these terms and conditions.
Participation and Membership
Participation in the Program is only open to all Vahy customers that have access to our online store. If you are under the age of 18 years, you must have parental/guardian approval to opt in to the Program, and further your parent/guardian must read and consent to these terms and Ccnditions. These terms and Ccnditions will be accepted by you and will be binding on you at the time of opting in. If you do not agree to be bound by these terms and conditions please contact Vahy in the Contact Us form to request removal from the Program.
Scent Circle Tiers
Purchases on our online store will earn you points provided you use the email address associated with your Loyalty Program account. This excludes returns and delivery charges. Points or other rewards earned as part of this loyalty program are not redeemable as cash or monetary value, unless otherwise stated as a way of spending as part of the Program.
As part of the Program, you will unlock Scent Circle tiers by purchasing goods on our online store and/or performing certain point-earning actions. We have the following tiers: Diamond, Gold, Silver and Bronze.
Other Terms
Any transactions that occur in one of Our retail partner stores will not count toward the Scent Circle Loyalty Program. Orders placed on Our Website can take up to 36 hours to reflect in a customer’s Scent Circle tier.
To the extent that a reward has been achieved by you in connection with a breach of these terms and conditions or otherwise incorrectly allocated to you, including as a result of an error on the part of Vahy, we may adjust your Scent Circle tier or points to the extent necessary to address the breach or error (as the context permits). When a Customer obtains a refund or reimbursement for goods purchased from Vahy, an adjustment is also made to the Scent Circle account in the amount of the reimbursement granted.
Any transactions by another customer cannot be transferred to a different customer for someone else to obtain Scent Circle points. There can be only one customer for each Scent Circle membership. Transactions from multiple Customer files cannot be joined into one Scent Circle spend amount. It is your responsibility to ensure that Vahy has only one client file for you. If you suspect that you have more than one Client file, please contact our customer support team.
Any Scent Circle points cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these terms and conditions. Scent Circle points have no cash or monetary value and cannot be taken or redeemed as cash or equivalent, unless otherwise stated as a way of spending as part of the Loyalty Program.
Rewards and Perks
Any rewards, gifts, benefits or offers communicated as part of the Scent Circle Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read these terms and conditions carefully. Only Scent Circle members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent, unless otherwise stated as a way of spending as part of the Loyalty Program.
All Scent Circle gifts, benefits or offers are subject to availability. Vahy is not liable for any rewards, gifts, benefits or offers not being available for any reason. If you have opted-out of receiving Vahy communications or you have not kept your contact details current, you will not be eligible to receive any rewards or perks of the program. Vahy reserves the right to change or withdraw the Scent Circle rewards and giveaways and these terms at any time without notice.
Suspension or Termination
We may immediately suspend or terminate your participation in the Scent Circle Loyalty Program without further notice if you: (a) have breached these terms and conditions; (b) have engaged, or may engage, in fraudulent conduct, or conduct that is suspected to be fraudulent, in relation to Vahy, the Scent Circle Loyalty Program or your customer file; (c) have engaged in inappropriate conduct that undermines the reputation or legitimate interests of Vahy; (d) have supplied or are attempting to supply false or misleading information to Vahy; (e) are selling, assigning, transferring, acquiring, or offering to sell, assign, transfer or acquire any Vahy awards, gifts, offers or benefits other than in accordance with these terms and conditions; (f) act in a hostile, abusive or aggressive manner towards any Vahy staff or any other customers online; or (g) become bankrupt.
Where your right to participate in the Scent Circle Program is suspended or terminated, any benefits, rewards and rights and Scent Circle status you may have at that time under the Scent Circle Program shall thereby suspend or terminate (as the case may be).
The Customer’s participation in the Scent Circle Loyalty Program may be terminated by either Vahy or the customer by providing the other party with at least 30 days written notice.
General Information
Vahy expressly reserves the right to change the Scent Circle program elements (including, but not limited to, the Scent Circle tiers, expiry dates or the way in which Scent Circle rewards, gifts, benefits or offers are earned and redeemed) or cease running Scent Circle at any time (without any liability to the Customer or any third party). Vahy will use reasonable endeavours to give advance notice to all Customers of any material changes in writing or by otherwise posting it on our website or other channels. A notice or communication shall be deemed to be given by Vahy to you if it is sent to your email address listed in your Client file or by otherwise posting it on our website or other social media channels.
You are solely responsible for any government tax, duty or other charge imposed by law in any country in respect of any aspect of the Scent Circle Program.
Copyright © Váhy Pty Ltd. All worldwide rights reserved.
Version: July 2018