Terms of use of website

These terms and conditions (Terms) govern your use of our website located at https://www.thevspot.com.au  (the Site) and form a binding contractual agreement (The Agreement) between you, the user of the site, and us, The V Spot.

These Terms are important and you should ensure you read them carefully and contact us with any questions before you use the Site. You can contact us at info@thevspot.com.au.

By using the Site you acknowledge and agree you have had a sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Terms of sale

By placing an order with The V Spot you are offering to purchase a product on and subject to the following terms and conditions.

To contract with The V Spot you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The V Spot retains the right to refuse any offer made by you to purchase goods. If your order is accepted, we will inform you by email.

When placing an order, you undertake for all details you provide to us be true and accurate, for yourself to be an authorised user of the credit or debit card used to place your order and that there are sufficient funds to meet the cost of the goods.

  1. Use of material on the Website
    1. Licence to use the Site
      1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
      2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
      3. You must not add any content to the Site:
        1. unless you hold all necessary rights, licences and consents to do so;
        2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
        3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
        4. that would bring us, or the Site, into disrepute; or
        5. that infringes the intellectual property or other rights of any person.
      4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
      5. You acknowledge and agree that:
        1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
        2. The Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
    2. Intellectual property rights
      1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
      2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
      3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
      4. The licence in clause 1.2(b) will survive any termination of these Terms.
      5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 1.2(b) and 1.2(c).
    3. Disclaimer one
      1. The Site’s owner, the Trustee for the Nettleton Family Trust (ABN 78 286 129 969) (the Owner) is making the Site available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site and/or linked sites on the internet.
      2. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
        1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked sites; and
        2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
    4. Limit of liability
      1. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
        1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
        2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
    5. Disclaimer two
      1. The Owner does not warrant guarantee or make any representation that:
        1. the Site, or the server that makes the site available on the internet are free of software viruses;
        2. the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and
        3. errors and defects in the Site will be corrected.
      2. The Owner is not liable to you for:
        1. errors or omissions in the Site, or linked sites on the internet;
        2. delays to, interruptions of or cessation of the services provided in the Site, or linked sites; and
        3. defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
      3. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.
    6. Indemnity

      You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

      1. any breach of these Terms by you; and
      2. publication of or distribution of the material and/or information supplied by you.
    7. Relevant jurisdiction
      1. If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
      2. These Terms will be governed by and interpreted in accordance with the law of the New South Wales, without giving effect to any principles of conflicts of laws.
      3. You agree to the jurisdiction of the courts of the New South Wales to determine any dispute arising out of these Terms.
  2. Our contract with you for the sale of goods
    1. Generally
      1. When you place an order, you will receive an email confirming receipt of your order; this email is only an acknowledgement and does not constitute acceptance of your order.
      2. A contract between us will not be formed until we send you confirmation by email that the goods you ordered have been dispatched to you. The dispatch of the goods constitutes acceptance of your offer to purchase.
      3. The goods listed in the confirmation email sent at the time of dispatch will form the subject matter of the contract.
    2. Pricing and availability
      1. While we do our best to ensure all details, descriptions and prices appearing on the Site are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you of the error as soon as practicable and provide you with the option of reconfirming your order at the correct price or cancelling your order.
      2. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund.
      3. Delivery costs may be charged in addition to the price of the goods (see clause 2.5(c)). These additional charges are clearly displayed where applicable and are included in the total cost.
      4. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
    3. Stock availability
      1. The V Spot endeavours to maintain published accurate records of stock at all times. If your order a product and the product is not in stock, we will contact you to offer an alternative product, if a reasonable alternative is available, at either the same or higher price. If a reasonably similar product is not available, a full refund of the cost of the product ordered will be provided through your payment method. You will also have the opportunity to select any other product listed on the Site.
    4. Payment
      1. When we receive your order, we will conduct a standard authorisation check on your payment card to ensure there are sufficient funds to complete the transaction.
      2. Your card will be debited when we receive authorisation from the relevant institution. The monies we receive from debiting your card will be treated as a deposit against the value of the goods you have ordered.
      3. Once the goods have been dispatched and confirmation email has been sent to you, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased, as described in the confirmation email.
    5. Shipping
      1. The V Spot processes and ships orders within three business days.
      2. Dispatch times may vary because of goods becoming unavailable in periods of high demand, postal delays or force majeure. The V Spot is not responsible for any delay in dispatch of goods.
      3. Orders are dispatched via Sendle Couriers or Australia Post with tracking.
        1. Orders in Australia – for orders under $100, shipping costs $5. Shipping is free for orders over $100.
        2. International orders – for orders under $250, shipping costs $15. Shipping is free for orders over $250. The buyer is responsible for all import duties, tariffs and fees.
      4. Expected delivery time for domestic shipping to major capital cities and regional centres on the Eastern Seaboard is three business days. All other locations in Australia will take five to ten business days.
      5. Expected delivery times for international orders is 14-21 business days.
      6. Payment is accepted by PayPal, Credit Card, AfterPay and zipPay.
      7. International shipping is not available for nail polish and liquid perfumes.
      8. Nail polish and liquid perfumes are dispatched domestically by road transport only.
      9. All packaging used by The V Spot is recyclable and may be recycled and reused, subject to laws preventing breach of copyright and other intellectual property protection.
    6. Returns, exchanges and refunds
      1. For all return, exchange and refund requests, contact The V Spot at info@thevspot.com.au within 14 days of the shipping date.
      2. Refund, by original form of the payment, or by store credit of the full cost of the value of the item at the time of sale, is available if the goods are returned unworn, unused, unwashed and undamaged, and with original packaging, tags and labels intact. The V Spot has the right to refuse any return if we believe the item has been used.
      3. The customer is responsible for the return cost of shipping the item. The V Spot recommends using tracked shipping to return items because The V Spot does not accept responsibility for returned items lost in transit.
      4. The V Spot will pay for the return of goods where the incorrect item or size was shipped, or if the item was shipped damaged or faulty.
      5. The V Spot offers free exchange shipping within Australia for clothing or shoes for the purpose of exchanging sizes. For international exchanges, the customer is responsible for the cost of return shipping, and The V Spot will pay for shipping back to the customer.
      6. There is no refund or exchange available on sale items. All sale or discounted items are final unless the product is damaged or faulty.
      7. There is no refund or exchange available for hats, underwear and swimwear unless the product is damaged or faulty.
      8. There is no refund or exchange available for jewellery unless the product is damaged or faulty.
      9. There is no refund or exchange available on skincare, makeup, accessories (including brushes and cosmetic pads) or scents (including perfumes, candles, oils, room mist and sprays) unless the product is damaged or faulty. We understand buying online can be an unknown for these types of products. That’s why we offer samples of most skincare, makeup and fragrances so you can try before you buy. If no sample option is available in the store, please contact us and we’ll see how we can help
      10. If you are unsatisfied with your purchase for any reason, please contact The V Spot and we will do our best to ensure you receive a product you are happy with.
    7. Vouchers and gift cards
      1. Vouchers and gift cards are not redeemable for cash and are only available to be used for product and shipping costs.
      2. If a voucher or gift card is used to purchase an item which is subsequently returned, the voucher will be reissued.
      3. Vouchers or gift cards do not have an expiry date.
  3. General
    1. Termination
      1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
      2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
    2. Interpretation
      1. You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
      2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
      3. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
      4. These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

Our Privacy Policy can be found HERE

The Terms & Conditions for The V Spot’s affiliate program can be found HERE.