Overview
Very Sensory is in charge of running this website. The pronouns “we,” “us,” and “our” that you see throughout the site refer to Very Sensory. We offer this website to our customers, including all information, tools and services available from this site to you, in the condition that you accept all terms, conditions, policies and notices stated here.
We reserve the right to modify or replace these Terms of Service by posting updates and/or changes to our website. Your continued use of our site means that you accept our terms and conditions, including policies and/or accessible by hyperlink, by visiting our site and/or making a purchase from us, which represents our “Service”. These Terms of Service apply to all users of the website, including without limitation browsers, vendors, customers, merchants, and/or content creators.
Accessing our website means that you agree to be bound by our Terms of Service, so please read these Terms of Service first. Your continued use of our sites after such notice constitutes your acceptance of the new Terms of Service. If you do not agree to these terms, please do not access our website or use any of the services provided.
These Terms of Service will also apply to any new features or tools that are introduced to the store. We reserve the right to update, change or replace any part of these Terms of Service at any time without prior notice. You are responsible for checking this page for updates on a regular basis to stay updated on any changes that might have an impact on how you use the store. Following the publishing of changes, your continued use of our site implies acceptance of such changes.
WordPress and Woocmmerce hosts our store. They give us access to the online shopping cart that enables us to offer you their goods and services.
Section 1. Online Store Terms
By agreeing to these Terms of Services, you agree to comply with all applicable laws, regulations and ordinances. You also agree not to use the Services for any illegal or unauthorized purpose, including but not limited to copyright infringement. We reserve the right to investigate and take appropriate legal action against anyone who violates these terms.
You warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have granted us permission to let any of your minor dependents to use this site
You must not distribute any worms, viruses, or other disruptive code.
If any of the Terms are broken or violated, your Services will be immediately terminated.
Section 2. General Conditions
You are aware that your content (aside from credit card information) may be communicated over a number of networks and is subject to both (a) transmission over those networks and (b) changes to satisfy and adapt to those networks’ or devices’ technological requirements. Credit card information is always encrypted during network transfers.
You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or otherwise exploit any of the content or information of our Service without our prior written consent.
These Terms are not limited or otherwise affected by the headings that are used in this agreement but are merely included for convenience.
Section 3. Accuracy, Completeness, and Timeliness of Information
This site is provided as a service to its users, but we cannot guarantee the accuracy or completeness of any information found on it. It is important to keep in mind that all materials on this site are for general information only and should not be used as the sole basis for making decisions without verifying from other sources such as primary or more accurate, complete, and timely sources of information. Therefore, the user assumes full responsibility for any and all actions taken based on the information found on this site. We are not responsible for any damages resulting from incorrect, incomplete, or outdated information provided by this site.
Certain historical information that was accurate at the time it was posted. However, due to potential changes in circumstances over time, some of this information may no longer be valid. It is provided on this site for reference purposes only and should not be relied upon as being up-to-date or accurate. We reserve the right to modify the contents of this site at any time, without prior notice. It is therefore your responsibility to check for any changes or updates to the information provided on this site. By using this website, you agree to these terms.
Section 4. Modifications to the service and prices
Due to market conditions or other reasons, prices for our products may change without notice. In addition, we reserve the right to modify or discontinue any part of our Service at any time without notice. We understand that such changes can be disruptive and inconveniencing; however, we will not be liable for any such modification, price change, suspension or discontinuance of the Service.
Section 5. Products of Services (if applicable)
Our website offers a selection of products and services that are only available online. These products may have limited quantities, so we recommend ordering as soon as possible to avoid disappointment. All orders must comply with our Return Policy before they can be exchanged or refunded.
We have made every effort to make sure that the colors and images of our products displayed on our website are true to life. However, we cannot guarantee that the colors will be displayed accurately on your computer monitor. We suggest that you take this into consideration when making a purchase online.
We may choose to limit the sale of our products and services in certain areas or jurisdictions. This decision will be made on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services that we offer at any given time. We also reserve the right to change descriptions of products or product pricing at any time without notice, at the sole discretion of us.
In order to ensure the best possible experience, we strive to provide quality goods and services. However, we are unable to guarantee that every item will meet your personal expectations or that any errors in our service will be corrected.
Section 6. Accuracy or Billing and Account Information
We reserve the right to refuse any order you place with us. This includes orders that may not meet our criteria for safety, security, or are deemed to be contrary to our policies. We also may limit or cancel quantities purchased per person, per household or per order. These restrictions usually apply when there is a suspicion of fraud or abuse. Additionally, we may use this policy to prevent orders that are placed by or under the same customer account, using the same credit card and/or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also take measures to verify the validity of any order to prevent fraud and misuse of our services.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We also require you to verify your phone number(s) so we can contact you in the event of any order or delivery issues. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.
For more detail, please review our Returns Policy.
Section 7. Optional Tools
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. You understand and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. We disclaim all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any optional third-party tools.
Section 8. Third Party Links
Our Service may contain materials from third-parties. These third-party materials are provided solely as a convenience to you. We have no control over the content of these third-party websites and we are not responsible for any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties. Furthermore, we do not endorse, and are not responsible for, the accuracy or reliability of any opinion, advice or statement made on any third-party site. We will not be liable for any loss or damage that may arise from your use of these third-party websites. You should exercise caution and review the privacy statements applicable to the third-party websites you visit. It is your responsibility to ensure that you understand the terms and conditions of using those websites.
Section 9. User Comments, Feedback, and other Submissions
You give us a non-exclusive, royalty-free, unrestricted, perpetual, and transferable right to use your remarks anywhere in the world by sending us particular contributions or other materials. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments. We may monitor, edit, or remove information that, in our sole opinion, is offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property or these Terms of Service, but we are not required to do so.
You state that your comments will not infringe upon the rights of any third party. This includes copyright, trademark, privacy and other personal or proprietary rights. In addition, you agree that your comments will not contain any material that is libelous, unlawful, abusive or obscene in nature. Furthermore, you confirm that your comments will not contain any computer virus or other malware that could potentially affect the Service or any website related to it.
Section 10. Personal Information
Our Privacy Policy applies to any personal information you submit through the store. View our privacy statement.
Section 11. Errors, Inaccuracies, and Omissions
We strive to ensure all data and information provided through our Service is accurate and up-to-date. However, there may be occasions when information becomes outdated or inaccurate due to changes in the industry or other external factors. We therefore cannot guarantee that the information we provide will always remain unchanged and reliable. As such, we do not undertake any obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. Furthermore, no specified update or refresh date applied to the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified and updated.
Section 12. Prohibited Uses
You are forbidden from using the website or its content in addition to other restrictions outlined in the Terms of Service:
(a) for any illegal reason;
(b) to encourage others to commit or take part in any illegal conduct;
(c) to breach any international, national, regional, provincial, state, statute, or local ordinance;
(d) to violate our intellectual property rights or the rights of others’ intellectual property;
(e) to discriminate against someone on the basis of their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or to harass, abuse, insult, hurt, defame, slander, disparage, or threaten them;
(f) to provide false or deceptive data;
(g) to upload or send malware that could use the Service, an associated website, other websites, or the Internet in any way that would disrupt its performance or operation, including viruses;
(h) to gather or monitor the private data of others;
(i) to spider, creep, pharm, scrape, phish, or pretext;
(j) for any vulgar or unethical reason; or
(k) to tamper with, defeat, or otherwise interfere with the security components of the Service, any associated website, other websites, or the Internet.
For breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.
Section 13. Disclaimer of warranties; limitation of liability
We strive to provide a reliable and secure service, however we cannot guarantee uninterrupted access, accuracy or reliability of the results obtained from using our service. We advise you to use our services with due diligence, as the usage of any services is subject to system errors and other risks.
You acknowledge that we reserve the right to discontinue or remove the service at any time without prior warning. This means that you may no longer be able to access or use the service, and it is your responsibility to back up all data before discontinuing or removing the service. You explicitly acknowledge that you are using this service at your own risk and there is no guarantee of continued access or use. We are not responsible for any damages that may arise from discontinuing or removing the service. Our service is provided on an “as is” “as available” basis any representation, warranties or conditions of any kind. We make no guarantees as to the quality, accuracy, or reliability of our services.
Very Sensory offers a wide variety of products to enhance the senses. We have carefully selected and tested our items for safety and effectiveness. However, we make no guarantees or warranties regarding the performance of any product purchased from us. Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors are not liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages that may arise from the use of any product purchased from our store. This includes lost profits, lost revenue, lost savings, loss of data, replacement costs and other similar damages.
We strongly recommend that you read through our terms and conditions before making a purchase to ensure that you understand the limitations of any product you may order.
Section 14. Indemnification
By agreeing to these Terms of Service, you agree to defend Very Sensory from any claim or demand made by a third party. This includes covering reasonable attorneys’ fees arising from any breach of the Terms of Service or violation of law resulting from your use of this service. All third-parties affected will be held harmless for any wrongdoing on your behalf.
The items listed on our website have been tested and verified for quality assurance. All products purchased and used by kids must be under adult supervision at all times to prevent any potential safety risks or injuries.
Section 15. Severability
These Terms of Service contain specific provisions that allow for certain portions to be enforced, while other portions are deemed unenforceable. In the event a provision is determined to be unenforceable, it will nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will then be severed from these Terms of Service, and this determination shall not affect the validity and enforceability of any other remaining provisions. It is important to note that these Terms of Service are subject to change at any time without prior notice and all amendments must be agreed upon in order for them to become effective.
Section 16. Termination
Upon termination of this agreement, all obligations and liabilities that were incurred prior to the termination date shall remain in effect. This means that all obligations and liabilities that arose before the termination of this agreement must still be fulfilled, regardless of whether or not the parties are no longer bound by it. Any rights or remedies which may have arisen from any breach of these Terms of Service will also survive the termination of this agreement.
If we terminate this agreement due to your failure or suspected failure to comply with these Terms of Service, you may no longer be able to access our Services. We may also deny you access without prior notice if we believe that you are in violation of any term or condition set out in the Terms of Service. You will remain liable for all amounts due up to and including the date of termination. We may take other actions as well, such as restricting your access to our Services or suspending your account.
Section 17. Entire Agreement
If we fail to enforce or exercise any right or provision of the Terms of Service, this does not constitute a waiver of that right or provision. The Terms of Service, as well as any policies and operating rules posted by us on our website or in relation to the Service are the only agreements between you and us regarding your use of the Service, superseding all prior agreements, communications and proposals between you and us (which includes any earlier versions of the Terms of Service). These agreements set out your rights and obligations when using the Service. We may modify or update any part of these agreements at any time without prior notice to you. It is important that you review this page regularly in order to be aware of such changes. Your continued use of the Service will be deemed to constitute acceptance of all such changes.
Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
Section 18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services are subject to the laws of Australia.
Section 19. Changes to terms of service
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the new terms, please stop using the Service.
It is your responsibility to review these Terms of Service periodically for changes.
Section 20. Contact Information
Please contact us with any questions you may have at sales@verysensory.com.au