Terms & Conditions

Terms and Conditions

Overview
1. This website is operated by Villin Limited Pty Ltd (ABN 70681808319) (“Villin”). Throughout the site, the terms “we”, “us” and “our” refer to Villin. Villin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
4. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
5. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please also see our Privacy Policy for information of where your data will stored.
Online Store Terms
1. By agreeing to these Terms of Service, you represent that you are at least the age of 16, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms may result in an immediate termination of your Services.
5. By submitting an order on this website you agree to be bound by our Returns Policy.
General Conditions
1. We reserve the right to refuse service to anyone for any reason at any time.
2. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.
3. Credit card information is always encrypted during transfer over networks.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications of the Service and Prices
1. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
3. Although all reasonable care is taken to ensure that photographs appearing on this website reflect as accurately as possible the actual size of goods, you acknowledge that due to the inherent difficulties with photographing items of clothing, some goods may appear larger or smaller than their actual size when represented on this website.
4. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. This website and the information on it constitute an invitation to treat and not an offer by us to supply goods. When you submit an order to purchase goods from us, this constitutes an offer from you to buy those goods in accordance with these terms and conditions. No contract for the sale and purchase of those goods shall be formed between you and us until we accept your order by sending you an acceptance ‘confirmation of acceptance’ in accordance with clause 6(g) below.
7. You may submit an order to purchase goods from us by completing the order form and submitting the order confirmation on this website. You must provide all required information (including your name and physical address) or we may not be able to process your order.
8. No order shall be deemed accepted by us until we have sent you a ‘confirmation of acceptance’ confirming that we have accepted your order. An ‘order confirmation’ is not a ‘confirmation of acceptance’. However, a shipping confirmation may, in accordance with its terms, constitute a ‘confirmation of acceptance’. We will endeavour to notify you whether we have accepted or rejected your order and, if applicable, to confirm the delivery details for your order within 3 Business Days after receiving your order.
9. You acknowledge that goods may from time to time:
  1. be advertised as discounted from the price you may pay for the exact same good(s); and
  2. otherwise be sold at a lower price from time to time.
Payments
1. The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant goods at the time your order is submitted (subject always to section 8 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the goods). Except where specifically stated in relation to a particular good, the prices for the goods are stated and are payable in Australian dollars (AUD).
2. You shall pay for your orders by credit card, Paypal, Afterpay, zipPay and/or any other payment method we allow using the online transactions facilities provided at villin.co
3. Payments made by Paypal, Afterpay , zipPay or third party systems such as ApplePay are subject to their terms and conditions.
4. If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
5. We may vary any prices on this website at any time without notice to you.
Accuracy of Billing and Account Information
1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2. 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.
3. All orders are subject to the availability of goods. We may reject or cancel any order due to unavailability of any good. If for any reason a good is not available, we will endeavour to notify the non-availability on this website. We may revise the range of goods or the specification of any good at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.
4. Where any good is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any good either online or in-store where that good is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
5. You may cancel your order any time prior to the time that we send our ‘confirmation of acceptance’ for that order. Once we have sent our ‘confirmation of acceptance’ for your order, you may not cancel that order.
6. For more detail, please review our Returns Policy.
Delivery and delivery fees
1. We use a variety of third party logistics companies, in our discretion, to deliver goods as a result of any order.
2. The applicable delivery fees are clearly displayed in your local currency at the time of purchase.
3. Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within 2 business days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this timeframe we will endeavour to contact you and advise you of the expected dispatch date.
4. You may specify delivery instructions for your order (for example, you may authorise the courier or relevant logistics carrier to leave the goods in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any order that is delivered in accordance with your delivery instructions.
5. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
6. We retain ownership and title of the goods we supply to you until we have received the full price for the goods and the applicable delivery charges. Once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the relevant logistics carrier, you assume full responsibility for and risk in the goods.
Customs, duties and taxes
1. Each package that contains a good that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.
2. When you purchase a good online from us, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.
3. In addition to the Taxes referred to in clause 10(a) above, you are responsible for and shall bear any charges for customs clearance. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.
4. Cross-border shipments may be subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and goods information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the goods you have purchased.
5. You acknowledge that delays associated with customs clearance procedures may cause our original delivery timeframes estimates to be exceeded.
6. In this clause, ‘Taxes’means any present or future taxes (including taxes on goods and/or services such as GST), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them
Your Account and Password
1. We may provide you with an account login (including a username and password) to verify your identity when you use this website or order goods and services on our Store. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
2. Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
3. You agree that you are solely responsible for any use of the website and Store by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any claims, loss or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
4. You agree to notify us immediately by email to info@villin.co of any unauthorised use of your account or any other breach of security.
Optional Tools
1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
3. 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).
4. 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.
Third-Party Links
1. Certain content, products and services available via our Service may include materials from third-parties.
2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4. Our links with linked websites and/or third-parties should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites and third parties, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
5. We accept not responsibility for the content of any advertisement appearing on this website (including for any hyperlink to an advertiser’s own website). The inclusion of any advertisement on this website does not constitute a recommendation or endorsement by us of the advertiser’s goods and each advertiser is solely responsible for any representations made in connection with its advertisement.
6. You must not create any hyperlink, hotlink, inline link, or direct link (each a “hyperlink”) to this website (or any file on this website) or embed any page of (or content on) this website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hyperlink to this website, please contact us at info@villin.co. If you do create a hyperlink to this website or embed this website, or any part of this website, in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink or embedding and by doing so you agree to indemnify us against all claims arising from, or in connection with, that hyperlink or embedding.
User Comments, Feedback and Other Submissions
1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or
  3. to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
1. Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
Errors, Inaccuracies and Omissions
1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in 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 or updated.
Prohibited Uses
1. In addition to other prohibitions as set out in these Terms of Service, you are prohibited from using the site or its content:
Disclaimer of Warranties and Limitation of Liability
1. To the maximum extent permitted by law, we provide this website and related information and services on an “as is” and “as available” basis without any representation, warranties, conditions or guarantees of any kind (whether, express, implied, statutory or otherwise), including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement
2. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
3. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
4. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
5. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
6. In no case shall Villin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
7. You acknowledge and agree that, despite all reasonable precautions on our part, this website is not, and cannot be, guaranteed to be error free, uninterrupted, timely, complete, or secure and acknowledge that the existence of any such errors, interruptions, delays, incompleteness, or security limitations will not be a breach of these terms and conditions. We will not be liable to you should this website or any services supplied through this website contain errors, or become unavailable, interrupted, or delayed for any reason.
8. To the maximum extent permitted by law, we do not accept responsibility or liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including any such loss arising out of your use of or reliance on information contained on, or accessed through, this website, or concerning any goods or services ordered by you from this website.
9. If the limitation of liability in clause 18(g) above is held to be invalid in whole or in part, then our maximum aggregate liability to you for all loss, damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed the amount of one Australian dollar (AUD$1.00).
Australian Consumer Law
1. This clause 19 applies to Australian residents only.
2. All goods purchased from this website come with guarantees that cannot be excluded under the Australian Consumer Law (prescribed in accordance with the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality.
3. The goods will not be of acceptable quality if such goods:
  1. are not fit for all the purposes for which goods of that kind are commonly supplied;
  2. have defects;
  3. are unsafe; or
  4. are not durable.
4. Subject to any rights you may have under the non-excludable guarantees under the Australian Consumer Law, we may impose fees payable by you in relation to any repair/service not covered by the guarantees under the Australian Consumer Law.
5. Our liability for any breach of any warranty or consumer guarantee for goods or services is (to the extent permitted by law) limited to re-supplying the goods or services the subject of your order or refunding the costs of the goods or services (at our sole discretion).
6. To the extent permitted by law, we are not responsible to you in any way as a result of damage due to ordinary wear and tear, misuse, accident, abuse, alteration, substitution or improper repair.
7. To the fullest extent permitted by law (including Australian Consumer Law) we reserve the sole right to judge whether or not a good has been subject to ordinary wear and tear, misuse, abuse, alteration, substitution or improper repair performed by someone other than us (or our authorised repairers) or any other type of use causing deterioration. If, in our sole discretion, such goods shows signs of any of the foregoing, we will have no liability to you.
General warnings
1. We may from time to time offer discounts and promotions in respect of our goods and services. The specific terms and conditions of those discounts and promotions will be located on a specific location on our website, however, these terms and conditions apply to those discounts and promotions in addition to any specific terms and conditions and in the event of conflict between any term of those specific terms and conditions and these terms and conditions these terms and conditions shall prevail. The provision of any such offers may be removed from this website at any time in our complete discretion.
2. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means.
3. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or data.
4. Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
Indemnification
1. You agree to indemnify, defend and hold harmless Villin and our parent, trustees, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
1. If any of these terms and conditions, or any part of a particular term or condition, is or are held to be invalid, unenforceable or illegal for any reason that unenforceable or illegal term or condition (or part thereof) shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions, or the remaining part of a particular term or condition as the case may be, shall nevertheless continue in full force.
Termination
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Termination of access
1. Access to this website may be terminated at any time by us without notice. Our disclaimers and limitations and exclusions of liability provided in these terms and conditions will nevertheless survive any such termination.
Entire Agreement
1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
4. We are not liable for any failure by us to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
5. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Governing Law
1. To the extent permitted in your local jurisdiction, these terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the Queensland courts and agree that those courts are a convenient forum in which to resolve any dispute arising in relation to these terms and conditions (and any contracts between you and us which arise through your use of this website).
Changes to Terms of Service
1. You can review the most current version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, 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 our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
How we handle e-mails
1. We may preserve the content of any e-mail you send us for our business purposes, including if we believe we have a legal requirement to do so. Your e-mail message content may be monitored by us including for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
2. You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 1999 (Cth).
3. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy or otherwise disclosed to you.
Contact Information
1. Questions about the Terms of Service should be sent to us at info@villin.co