Vibrant Souls | General Terms and Conditions , Intent and Application

This document in its entirety and inclusive sections in full and part form the Terms and Conditions for Vibrant Souls and its Customer(s).

Vibrant Souls Terms and Conditions incorporate its Privacy Policy and Shipping, Returns and Refund Policy which collectively and independently apply at all times.

Vibrant Souls is a Registered Brand with Trademark protection. Whether represented within the text using the standard symbol ” ® ” or not, it is to be implied at all times.

This document is formatted in English (Australian) and spelling shall not and does not constitute means or a valid reason, to void, or for misinterpreting any term and or meaning. International English interpretation applies to countries outside of Australia.

For the sake of clarity, a Customer of Vibrant Souls is any entity, individual, agent, representative or third party who makes an inquiry to Vibrant Souls about its products and or services, initiates an order (finalised or not) with Vibrant Souls, completes an order (in part or full) with Vibrant Souls, and or procures goods and or services from Vibrant Souls and or one of their nominated representatives.

The Customer must make best endeavours to read and familiarise themselves with all Vibrant Souls Terms and Conditions as they are legally binding, deemed read, accepted and agreed at the time any Customer makes an inquiry, order or purchase with Vibrant Souls.

Vibrant Souls Terms and Conditions are published and made readily available to the public via our website vibrantsouls.com.au. Clarifications or enquiries can be made in writing via email to terms@vibrantsouls.com.au.

General Warnings & Duty of Care of the Consumer

Vibrant Souls recommend NOT to operate or use any product(s) that are unsafe or may cause damage or you perceive to be such. At all times the responsibility is yours to ensure you make best endeavours to inform and make safe yourself, others and property from damage by you using or operating any Vibrant Souls product(s).

By completing a purchase of any product(s) of Vibrant Souls, prior to use, it is agreed and acknowledge it is the Customer who is solely responsible at that time to ensure its Duty of Care has been met and the SAFE operation and use of such product(s).

In the case of any product(s) of Vibrant Souls, being gifted, it is the Giftee and Recipient who remain solely responsible at that time to ensure a Duty of Care has been met and the SAFE operation and use of such product(s).

Vibrant Souls openly disclaims it has undertaken personal research and further notes that some content and claims or benefits for products are obtained from, and or represent, publicly available historical claims and lore. Given this, the end responsibility and liability is passed to the reader/Customer to ensure they undertake best endeavours to satisfactorily informed themselves about items of interest as offered or purchased from Vibrant Souls.

Vibrant Souls publicly publish and make available general warnings, notes, information and guides for reference by the public and its Customer(s). This is done with the common intent of informing the public and bringing attention to some of the possible considerations that apply when using any Vibrant Souls product(s).

Vibrant Souls openly declare these are NOT fully comprehensive and detailed directions, nor are they intended or offered to represent such. Instead, such information is simply that, for informational purposes and intended to bring attention and awareness.

General Intent and Application

Vibrant Souls Terms and Conditions are intended to provide a general basis of understanding, acceptance, and agreement as to how Vibrant Souls will transact goods and or services and how that further relates to any Customer of Vibrant Souls.

At all times Vibrant Souls reserves the right to further clarify the intent of any Term or Condition, which shall be deemed as how that Term or Conditions shall be applied.

These Terms and Conditions are the only acceptable Terms and Conditions of business and which apply to your business(s), you, staff, agents, representatives, associates and relatives in dealings with Vibrant Souls.

Each Term and Condition is written with the intent to be independently exclusive and survives severable from others should any be legally unenforceable, or void, or invalid, as a result of applicable legislative change.

For the sake of clarity, the following legal precedence applies, item 1 being the most precedent:

State Laws, jurisdiction and Courts of Western Australia, Australia
Federal Laws, jurisdiction and Courts of Australia

Throughout varying media by which Vibrant Souls differing Terms and Conditions are published – capitalization, punctuation, grammar, headings, formatting, and colours are used solely for the purpose of trying to add clarity and any use of such is not to be construed to imply any other meaning or omission than that intended by Vibrant Souls.

Vibrant Souls published Terms and Conditions shall take precedence in the order below, item 1 being the most precedent:

As published and amended on its website vibrantsouls.com.au
As provided electronically via a document or email
As provided in hard copy

The below is a list of Vibrant Souls Terms and Conditions, in the case of perceived or actual ambiguity or misinterpretation, they shall take precedence in the order below, item 1 being the most precedent:

Vibrant Souls General Manager’s Clarification of Intent
General Warnings & Duty of Care of the Consumer
General Intent and Application
Special Terms and Conditions
General Terms and Conditions
Shipping, Returns and Refund Policy

No Term or Condition shall discriminate or be taken to infer or represented as, discrimination against Gender, Age, Race, Religion, Singular or Plural choices, Privacy or Legal Right.

Special Terms and Conditions

Vibrant Souls do not offer or extended its associated cover nor any rights to the business, management, sales, marketing, intellectual property, tools, confidential information, protection or published content to any other third party for their benefit or replication (in part or full).

Vibrant Souls reserves the right, at its discretion to consider and further offer a credit, refund or alternate supply and this shall only be deemed to be available if in writing and agreed in full, unconditionally and undisputed by the Customer.

The right of last reply and Customer terms and conditions Do NOT apply.

The Customer has No means or right of re-assignment of their legal obligation, goods, purchases or outstanding payments.

In the event of any Customer, business restructures, change of ownership or representative, all obligations remain enforceable and collectible to the fullest extent of the law and the Customer must immediately inform Vibrant Souls. This may further be the cause or reason for Vibrant Souls to cease supply and request immediate payment of any outstanding account.

Collaboration and Protection

Vibrant Souls is ever-evolving and a dynamically responsive supplier. Should you want a customized line or product modifications then feel free to collaborate with us via email at contactus@vibrantsouls.com.au to see what we can do together.

Should the Customer and Vibrant Souls collaborate, all right(s) to the good(s) and or service(s), conceptual or complete, remain the sole and intellectual property of Vibrant Souls at all times.

The Customer may from time to time be privy to, have supplied or have disclosed by Vibrant Souls intellectual property, supplier details, marketing strategies, business opportunities or alliances, designs, concepts and ideas, and other information (written, electronic and or verbal), and at all times these remain the intellectual property and confidential information of Vibrant Souls.

The Customer shall keep secret and use best endeavours to keep secret any and all forms of intellectual property and confidential information of Vibrant Souls disclosed in writing, conversation or via any other medium. This extends to include relatives, associates, agents, and colleagues of the Customer. This clause may be relaxed to the extent of disclosing information directly related to the final agreed product of joint marketing or product promotion entered into but at all times is enforceable to the maximum protection of Vibrant Souls and its property.

Collaboration via Subscription

As of August 2020 Vibrant Souls introduced an informational Blog and Newsletter subscription. All existing users, by default, were subscribed at this time. All new users are added by default.

Any user subscribed shall always be given the ability to opt-out at their discretion. If a user unsubscribes they will not intentionally be resubscribed by Vibrant Souls unless requested to do so.

Warranty

All third-party warranty or cover is 100% passed to the Customer wherever applicable, at the time of full and final payment for goods or services, and shipping (if applicable), as is transferrable and where possible.

No other warranty, guarantee or rights are given or transferrable.

The Customer shall at all times indemnify Vibrant Souls from any damage or adverse outcome, as a result of them receiving and or using a Vibrant Souls product(s). This indemnification extends and further relates directly to how Vibrant Souls product(s) are stored and or used, and the same applies to any of their immediate Customers (indirect Customers of Vibrant Souls). This is agreed, acknowledged and affirmed at the time of placing an order with Vibrant Souls.

Breach & Effect

Discovery of any non-compliance to any of Vibrant Souls Term or Condition is deemed to be a Breach.

A Breach is reason enough and cause, at Vibrant Souls sole discretion, to immediately (without notice) suspend and or terminate your account and access to Vibrant Souls and or its goods and services.

In the event of any Breach, perceived or actual, Vibrant Souls shall first attempt contact with the Customer to openly discuss the item(s) of concern with intent to have the concern remedy by written agreement and actioned immediately by the Customer.

If an agreement is met, and the breach remedied, then at Vibrant Souls discretion, the Customer accounts and activities may resume under these Terms and Conditions and or any subsequent arrangement agreed in writing as part of the remedy of the breach.

If Vibrant Souls and the Customer cannot reach an agreement then that shall give a reason for Vibrant Souls to take the following action(s) at their discretion:

Immediate suspension of account and access
Immediate requests for unpaid amounts where goods or services have been supplied
(at that point agreed to be deemed due payable with terms of C.O.D.)
Immediate HOLD or CANCELLATION of any current orders and associated goods or service
Pursue further legal action against the Customer
Independently pursue further legal action against any contact or associate of the Customer, their representative or agent (at the time)

Repeat or multiple breaches may, at Vibrant Souls discretion, be deemed cause for immediate Termination and Cancellation (without notice) of all access and goods or service and as such result in the request to make payment for all and any monies and associated costs to Vibrant Souls as a result.

Notices

Any Notice issued to Vibrant Souls should be marked as “NOTICE” in the subject or heading to distinguish its importance, issued in writing only to the attention of “The General Manager” and via Signed post to Vibrant Souls, currently published address.

The aforementioned Notice shall be deemed received at the time it is signed for and signature evidenced. In the case of a Notice delivered via electronic means, Vibrant Souls will acknowledge delivery via a reply, such reply shall be deemed as the time the notice is delivered.

Any Notice issued from Vibrant Souls should be marked as “NOTICE” in the subject or heading to distinguish its importance and issued in writing.

The aforementioned Notice shall be deemed received at the time it is signed for and signature evidenced. In the case of a Notice delivered via electronic means, it shall be deemed delivered on receipt by Vibrant Souls of delivery or relayed notification.

General Terms and Conditions

Vibrant Souls General Terms and Conditions are published in accordance with Vibrant Souls General Intent and Application and made readily available to the public via our website vibrantsouls.com.au.

Clarifications or inquiries can be requested in writing through email to terms@vibrantsouls.com.au.

Vibrant Souls Terms and Conditions are governed by the laws applicable within the courts and state of Western Australia and then as further required by the federal jurisdiction and laws of Australia only.

Should the circumstance arise, any legal proceedings shall be referred to and heard in the courts of Perth, Western Australia.

Any Vibrant Souls Term or Condition that may at times become void or unenforceable at law shall be deemed void. This shall in no way mean to, nor as such, void the remaining parts of the Terms and Conditions and or any applicable agreement in any way.

Vibrant Souls may include further information with its product(s) and or attach such in the form of, but not limited to, packaging, labels, tags, notes, brochures, pamphlets, webpages, emails, electronic documents and or cards. This is done with the common intent of informing the public and bringing attention to some of the possible considerations that apply when using any Vibrant Souls product(s).

General Supply

Vibrant Souls are capable of and reserve the right to, supply Nationally and Internationally, at their sole discretion.

Vibrant Souls reserves the right at all times to individually offer, or decline, an agreement and or account to any group, individual or collective company or trading business at its sole discretion.

Vibrant Souls declare they are a limited manufacturer of custom goods and operate primarily as a supply only provider.

All goods are offered strictly on a WYSIWYG (What You See is What You Get) basis, no other warranty or offer is made for such. Vibrant Souls continually endeavours to ensure products displayed on the website are an accurate representation of what you will receive.

Vibrant Souls point of collection and distribution is Perth, Western Australia.

Vibrant Souls agrees to supply the Customer its goods and or services at the published rate, as and when paid in full, at that moment in time.

All goods and Shipping costs (if applicable) must be paid for prior to dispatch.

Until funds are received in full and cleared in Vibrant Souls bank account (Not merchant facility), at its discretion, Vibrant Souls is NOT required to action any order, supply or release of goods.

Unless the cost of Shipping is stated as being included within Vibrant Souls Price or for the destination region, the Customer is responsible for arranging and payment of any cost associated, additional packing, shipping and insurance should they opt to have goods shipped.

Goods may be on back-order from time to time as a result of the volume of purchases or supply of required raw materials. Vibrant Souls will communicate any back-order(s) or delays in supply, as discovered, to each Customer. This is NOT cause for cancellation nor does it enable a right to a refund.

Goods are Non-refundable and Non-Returnable, they are supplied in good condition prior to handling by the elected courier service, release or collection.

Products and Brand Protection

At NO time does Vibrant Souls give permission or right(s) to any Customer or Third Party for the following unless done so at the time of use or consumption:

Remove or replace our branding, tags and or packaging as supplied by Vibrant Souls (in part or Full)
Advertise, Market or Represent any Vibrant Souls goods as their own and not that of Vibrant Souls
Intentionally damage Vibrant Souls goods or product or display or sell damaged Vibrant Souls goods or product
Misleadingly promote any existing Vibrant Souls product on hand using product images other than those that represent accurately the current product version held by that Customer at that time
Include New Vibrant Souls product arriving within existing product images or representation which may lead to a dispute in the product supplied or offered to purchasers if not the same
Deconstruct our product, from the form in which it was originally supplied (in part or Full)
To Fashion or Assemble another product by combining our product (in part or Full), without express written consent
To use our product (in part or Full) for the means of discovery to produce or have produced as their own similar or like product
To purchase and then on-sell or reduce price clear, any product at less than the advertised price by Vibrant Souls without prior written authorization and or unless it is within a Vibrant Souls approved Sale Offer in conjunction with Vibrant Souls
Omit Vibrant Souls and or tagging of such, from mention within advertising or marketing or via social comment when related to the positive benefit of Vibrant Souls
Inclusion and or misrepresentation of negative or adverse comment with respect to a Vibrant Souls, its product and or comments without first giving Vibrant Souls the opportunity and right of reply, comment or clarification

Payment Terms & Pricing

Our RRP is as per our website, you can price products for your clientele provided it is at least the same as the RRP.

Terms of Trade are C.O.D unless otherwise offered and agreed formally in writing by Vibrant Souls, in advance, prior to ordering and supply of goods or services.

For the sake of clarity, the following common terms are defined:

C.O.D – Cash On Demand, having the meaning payment is due at time of Order
NET X Days – Net, having the meaning Calendar Days and X Days being Calendar Days from Date of Invoice

In the case of Credit or Debit card payments, a 2% surcharge applies. Afterpay payments attract a 6% surcharge. Any applicable surcharge will be automatically applied at checkout.

All payments are non-refundable regardless of whether an order is completed in part or full.

Vibrant Souls shall issue either an electronic Receipt or Tax Invoice(s) to the Customer, being the Full Price for goods or services.

Vibrant Souls is registered for GST. All Prices are listed as GST inclusive prior to Final Payment.

The Customer shall be severable and liable for its accounting and GST reporting and payments of such, as is applicable. It is the Customer who is solely responsible to ensure they meet their obligations for GST and account for the purchase of goods or services in accordance with legislative requirements.

Feedback

Vibrant Souls is always open to all types of Feedback from our Customers and theirs. We encourage feedback to help us learn and grow with our community. Feedback can be submitted via email to contactus@vibrantsouls.com.au.

Vibrant Souls, at its discretion, has the right to and may from time to time make available Feedback (in part or full) via its website, social media, and or other publication for Public consideration and consumption.

Acceptance & Acknowledgement

The Customer agrees to these Terms and Conditions and accepts and acknowledges them as the only Terms and Conditions applicable for dealings with Vibrant Souls.

These Terms and Conditions are deemed accepted and in effect, as at the date they are published and made available, and subsequently agreed and acknowledge as noted within the submission of each and every order or request by any Customer.

Want to Know More

Have a look at why we are in business and what drives us at More About Vibrant Souls

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