In these Terms and Conditions, "we" and "us" mean Vicky Sun Pty Ltd ABN 93 128 797 991, trading as VickySun.com of 10 Rose Crescent, Regents Park NSW 2143 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Important Notice: These Terms and Conditions constitute a legally enforceable agreement with VickySun.com. If you do not agree with any of these Terms and Conditions, you are not permitted to use this website and should immediately exit from it.
Your use of our website constitutes your acceptance and agreement to these Terms and Conditions. Please read these Terms and conditions thoroughly.
VickySun.com reserves the right to amend or modify these Terms and Conditions at any time and without notice to you. Your ongoing use of the website following any amendment or modification constitutes an agreement by you to abide and be bound by the amended or modified Terms and Conditions.
From time to time there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. VickySun.com reserves the right to correct any errors, pricing, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed an order with us).
You must not:
Unless otherwise stated, VickySun.com owns or has a valid licence to use all copyright and trade marks in the content of this website.
You must not modify, copy, adapt, store in retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in this website, except as expressly approved by us in writing or as permitted by law.
The information on this website is provided for personal use only. We grant you permission to store a reproduction of the material on your local computer for the sole purpose of viewing the material and to print hard copies of material for your personal information, but not commercial use.
We sell and ship our products to Australia and New Zealand only currently. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. Our Lighting products has SAA Approvals that has proven to comply with the safety electrical requirements of the applicable Australian Standard. Our Lighting products 'voltage is 220-240 volts, socket type is Australian AS-3112.
If you are under the age eighteen (18) years you can not place orders with VickySun.com.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should VickySun.com suffer any damage or other losses as a result of a transaction entered into by a minor, VickySun.com reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with VickySun.com.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on the VickySun.com website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however VickySun.com will make every effort to supply Products to you.
We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. VickySun.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
VickySun.com currently accepts Visa/MasterCard, PayPal, Bank Depoist, Money Order and Cheque.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process Credit Card and PayPal payments after you click the "Submit My Order" button.
VickySun.com purchases include GST unless otherwise stated on a Product listing. All prices include GST.
VickySun.com always seeks to list Products with the most competitive prices.
VickySun.com reserves the right to change prices for Products displayed at VickySun.com at any time.
All prices are in Australia Dollars (AUD).
VickySun.com normally despatches paid item within 2 business days from Regents park NSW 2143 once payment received in full. Then it depends on courier timetable for you to get your delivery. Most delivery takes 1-5 working days but it may take 10 working days. You can check the delivery time for your post code at Australia Post, your parcel will be sent from Regents Park NSW 2143 Australia. Once your parcel is shipped, we will send you a shipping confirmation email to you with the tracking number. All deliveries are trackable. you can check your delivery status online, on the phone (Australia Post 13 13 18) or contact us.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. Sometime, Australia Post carrier does not leave a notification card, so please check it with your local Post Office, if you think your parcel should be arrived, or you are welcome to contact us.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on Shipping & Returns; however, we do not guarantee that we will deliver within this time frame.
We fully insure all deliveries. In the unlikely event a parcel is lost or damaged in transit. We will assist you to contact the transport company. If we get a confirmation from the transport company, that the parcel was lost or damaged. We will refund or replace the item for you. This means there is absolutely no risk at all for your order deliveries. If the unlikely event happy, your patience is appreciated.
If you change your mind about a purchase or make an incorrect choice, we will refund you or provide you store credits within 14 days of delivery for unopened products, depending on your choice. This store credits or refund excludes all delivery costs.
If the Product is damaged or Dead on Arrival, Dead Soon After Arrival or a Later Defect Product, we have indicated below what you should do and how VickySun.com will respond to the problem.
VickySun.com will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
All return requests need to be contacted us by email. All return items need to be returned back to us in 14 days after we authorize the return request.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Dead On Arrival Products - "DOA"
A VickySun.com Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
A VickySun.com Customer Service Representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to provide a refund, postage not refundable, a replacement product, or provide the store credits, depending on your choice.
Where VickySun.com has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of VickySun.com for Australia orders, if the claim has been notified to us within 30 days of delivery. Freight collect or COD returns will not be accepted.
If the Product is deemed by Customer Services NOT to be DOA, VickySun.com may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.
When a refund is given, the returned DOA Product becomes our property.
Dead Soon After Arrival Products - "DSAA"
If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify VickySun.com and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products").
Later Defect Products - "LD"
If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. VickySun.com will exchange the LD Product where possible, or refund you the purchase price of the Product.
A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceed one year and usually it will be much shorter.
VickySun.com offers a standard 12 month warranty on all Products. If a customer believes that their VickySun.com product has not given them the value expected with the year after purchase, please contact the Customer Service for assistance. VickySun.com will then determine whether to make a refund or provide a replacement.
Where claims are made more than 90 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.
When a claim for a LD is made, a VickySun.com Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD, we will make arrangements with you for the return of the Product, and provide a replacement product or a refund.
For Australian orders, where VickySun.com has provisionally determined that a Product is LD, return shipping will be arranged at the expense of VickySun.com if the claim has been notified to us within 30 days of delivery.
If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty, VickySun.com may refuse to replace the Product or give you a refund for the Product.
Where a refund is given for a LD product, it may be given as a Store Credit to Your Account.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same warranty as the returned Product.
Return Merchandise Authorization (RMA) number or Order Number - A Must Have
A Return Merchandise Authorization (RMA) number or Order Number is required for replacement Products, refunds, or store credits.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RMA number. Products can not be returned without a RMA number or Order Number. The Product should be returned to VickySun.com within 14 calendar days of the issuance of the RMA. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
Where you received a DOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing a RMA number which you must affix to the Product. You must then leave the Product at any Australia Post Office.
Where you received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
For more informations, please go to How to Return Merchandise.
When a Replacement Product is arranged:
When a Refund is arranged:
Some Products - Manufacturer Only Warranty
Some Products sold through VickySun.com are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, VickySun.com will replace the item or issue a refund of your purchase price for that item.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other VickySun.com Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other VickySun.com Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of VickySun.com. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in VickySun.com for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the optionVickySun.com, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
VickySun.com reserves the right to change the Terms and Conditions of sale at any time.
No VickySun.com employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Vicky Sun P/L shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Vicky Sun P/L, and Vicky Sun P/L shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.