Terms & Conditions of Purchase

MHE BIOMIMETIC TECHNOLOGIES PTY LTD T/AS
VNili Hangers
TERMS AND CONDITIONS OF PURCHASE

Thank you for making a purchase with VNili Hangers. These Terms and Conditions govern your purchase. By clicking “accept” you agree to these Terms and Conditions.

1. Purchase Services
1.1. The website www.vnilihangers.com.au (the ‘Website’) is operated by MHE BIOMIMETIC TECHNOLOGIES PTY LTD t/as VNili Hangers (abn: 89102387879) of 172B Hancock Road, Ridgehaven SA 5097 t/as VNili Hangers (‘VNili Hangers’). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by VNili Hangers.
1.2. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Product’ or ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

2. Personal Information
2.1. When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
2.2. You agree that all details that you have provided in completing the purchase are true and correct.
2.3. Your personal information is kept in accordance with the VNili Hangers Privacy Policy (‘Privacy Policy’) which can be accessed on the Website.

3. Purchase of Products
3.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
3.2. Payment of the Purchase Price may be made through the payment options provided through the available payment provider or providers (the ‘Payment Gateway Providers’).
3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4. Following payment of the Purchase Price being confirmed by VNili Hangers, you will be issued with a receipt to confirm that the payment has been received and VNili Hangers may record your purchase details for future use.
3.5. VNili Hangers reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4. Use of Products
4.1. By purchasing a Product from VNili Hangers, you agree to carefully read and follow the instructions of use included with each product.
4.2. If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product.
4.3. By purchasing a Product from VNili Hangers, you acknowledge that overheating of a product can cause damage, may cause burning and may ignite. You understand and acknowledge that it is important to read and follow the instructions for use provided with each Product.

5. Refunds and Returns
5.1. VNili Hangers does not provide refunds for any Products. For example, a refund will not be provided for:
(a) change of mind or wrong selection of product (therefore, you are advised to choose the product carefully);
(b) late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers;
(c) denied acceptance of delivery by receiver;
(d) inaccurate delivery address; or
(e) absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to
contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be
returned to VNili Hangers for a return fee charged to the initial payment method.
5.2. If you have received the incorrect Product, VNili Hangers will provide a refund on the return of the Product. To request a refund and organise a return for this reason please e-mail info@vnilihangers.com.au and provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to VNili Hangers unopened, and its original saleable condition.

6. Cancellations
6.1. Once payment for an order has been accepted, no cancellations are permitted.
6.2. Where a Product has been listed at an incorrect price or has incorrect written information or images, VNili Hangers reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

7. Shipping and Product Delivery
7.1. All shipping and delivery dates are estimates, and any delivery date provided to you by VNili Hangers is not guaranteed. In addition, weather delays and other unforeseen circumstances may impact delivery time. VNili Hangers will strive to meet the requirements of your anticipated delivery date. However, VNili Hangers will not be liable for any losses you suffer due to a delay.
7.2. You acknowledge that the Purchase Services offered by VNili Hangers integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).
7.3. In providing the Purchase Services, VNili Hangers may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that VNili Hangers is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.4. VNili Hangers currently ships domestically across Australia and to limited locations internationally, by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, VNili Hangers can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
7.5. If an item is lost or damaged in the course of the Delivery Services, VNili Hangers asks that you:
(a) Contact the Delivery Service Provider directly to request a refund; and
(b) Contact VNili Hangers by sending an email to info@vnilihangers.com.au outlining in what way the Products were damaged in transit so it is able to
determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Warranty
8.1. VNili Hangers’ Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
8.2. If you have received a Product that you believe is faulty or defective, please contact info@vnilihangers.com.au with photographic proof.
8.3. VNili Hangers are made from recycled plastic, bamboo fibres and colours. As a result, there may be colour variances between batches of the Product/s and the colours in the images on the sales page may be slightly different to the colour of the Product/s you receive. VNili Hangers is not responsible for these variances.
8.4. Minor manufacturing imperfections may occur from time to time. These are limited to insignificant effects with no impact on functionality. The warranty does not extend to these minor imperfections.

9. Mailing List
9.1. You will either be registered for or given the option to register for the VNili Hangers Mailing List (the ‘Mailing List’).
9.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name
9.3. By subscribing to or purchasing a Product from VNili Hangers, you agree to receive promotional material, updates and other content from VNili Hangers. You may unsubscribe from the Mailing List at any time.

10. Privacy
VNili Hangers takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to VNili Hangers’ Privacy Policy.

11. Force Majeure
11.1. If circumstances beyond VNili Hangers’ control prevent or hinder its provision of the Products, VNili Hangers is free from any obligation to provide the Products or fulfil your order while those circumstances continue. VNili Hangers may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
11.2. Circumstances beyond VNili Hangers’ control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, a pandemic, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

12. Indemnity
12.1. You agree to indemnify VNili Hangers, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

13. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia.

14. Governing Law
The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.