VIKARA SAUNAS – TERMS & CONDITIONS OF SALE, SERVICE, AND WEBSITE USE

Vikara Saunas Pty Ltd | ABN: 57667113608

Email: info@vikarasaunas.com | Phone: 1800 781 322 | Website: www.vikarasaunas.com

 

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1. Scope of Agreement

These Terms & Conditions (“Terms”) apply to all individuals or entities who purchase products or services from Vikara Saunas Pty Ltd, visit, browse, or interact with our website (www.vikarasaunas.com), or engage with any of our materials, communications, or content online or offline. By accessing our website, placing an order, or engaging with Vikara Saunas, you agree to be bound by these Terms.

2. Definitions

In these Terms, “Company”, “we”, “us”, or “our” refers to Vikara Saunas Pty Ltd. “Customer”, “you”, or “your” refers to any person or entity interacting with the Company, including purchasers and website users. “Goods” means all products supplied, including saunas, accessories, parts, and components. “Services” refers to any installation, support, delivery, communication, or work performed by the Company. “Website” refers to www.vikarasaunas.com and any associated online platforms or content.

3. Final Authority

Vikara Saunas maintains full and final discretion over all matters, including product interpretations and representations, warranty decisions and refund eligibility, determination of defects, claims, or disputes, and product updates, specifications, and fulfilment standards. Our decision is final and binding, and all users and customers expressly waive the right to dispute this discretion.

4. Orders & Pricing

All prices are listed in Australian Dollars (AUD) and may change at any time without notice. Quotes are valid for seven days unless stated otherwise. Orders are only confirmed upon receipt of full payment or a deposit, as specified in writing. Where a deposit and balance arrangement has been agreed, the remaining balance is strictly due thirty days from the initial payment date, regardless of whether the goods have been delivered or installed. Balance payment is not conditional upon receiving or inspecting goods. We reserve the right to charge interest, cancel orders, or withhold delivery if payment terms are breached. Pricing errors may be corrected at any time, and we are not obligated to honour incorrect listings. We reserve the right to reject, cancel, or terminate any order at our sole discretion, with or without providing a reason. Where payment has been received, a full refund will be issued unless otherwise specified.

5. Delivery

Delivery is curbside only. Our freight carriers are not authorised to assist with unpacking, positioning, or interior placement. The customer is responsible for providing clear and accessible delivery access, having appropriate personnel and equipment on-site for unloading, and inspecting the goods at the time of delivery. Delivery times are estimates only, and we are not liable for delays caused by freight providers, customs, weather conditions, or other external factors. Additional charges may apply for remote locations, failed delivery attempts, or rescheduling.

6. Installation

Customers must ensure the installation site meets all necessary requirements, including access, space, footings, drainage, and compliance with local laws. Installation does not include electrical, plumbing, or site preparation unless explicitly agreed in writing. While we may recommend installers, we are not responsible for their performance, delays, or workmanship.

7. Product Variation

Our products are made using natural and hand-crafted materials. Variations in timber grain, colour, or finish are considered normal and are not classified as defects. Product photos and marketing materials are representative only, and actual product appearance may vary.

8. Warranty

Goods are covered by a manufacturing warranty as specified in the relevant product documentation or listing at the time of purchase. Please refer to the specific product warranty section for further details. This warranty excludes normal wear and tear, improper use, weather exposure, neglect, damage occurring during or after installation, unauthorised alterations or repairs, and failure to follow care or maintenance instructions. All warranty claims must be made in writing and supported by photographic or video evidence. The Company reserves the right to determine whether to repair, replace, or reject any claim.

Australian Consumer Law Notice:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Warranty Lead Times:

Due to manufacturing, freight, and supply chain variables, lead times for replacements or repairs may vary and are not guaranteed. Delays may result from circumstances beyond our control, including international shipping disruptions, customs processing, material shortages, or manufacturing capacity limitations. We are not liable for any inconvenience, loss of use, or consequential damages arising from such delays.

9. Returns & Cancellations

Change-of-mind returns are not accepted. Orders may not be cancelled once production has commenced or goods have been dispatched. Any approved cancellation prior to dispatch is subject to a minimum 15% restocking and administration fee. Refunds are granted at our discretion and do not cover freight, handling, or third-party expenses.

10. Risk & Title

Title to the goods passes only upon full payment. Risk passes to the customer upon delivery, regardless of whether a person is present to receive the goods or not. We accept no responsibility for any damage, loss, or deterioration after delivery, including but not limited to improper storage, environmental exposure, theft, pests, misuse, or mishandling during unpacking or installation.

11. Limitation of Liability

To the maximum extent permitted by law, we exclude all liability for indirect, incidental, or consequential loss or damage. Our total liability shall be limited to the value of the goods or services purchased. We are not liable for any injuries, health conditions, or adverse effects resulting from the use or misuse of our products. If you are unsure about using our products, consult a qualified healthcare professional.

12. Indemnity

You agree to indemnify and hold harmless Vikara Saunas, its directors, employees, and agents against any and all claims, liabilities, losses, damages, expenses, and legal fees arising from your use or misuse of our products or services, your breach of these Terms, or any third-party claims connected to your use of our goods.

13. Force Majeure

We are not liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, civil unrest, customs or border delays, shipping disruptions, labour shortages, or raw material supply interruptions.

14. Intellectual Property

All content on our website and marketing materials, including but not limited to photos, videos, product designs, text, logos, trademarks, and downloads, is the exclusive property of Vikara Saunas Pty Ltd or its licensors. You may not copy, reproduce, modify, distribute, publish, or use this content without our express written permission. Unauthorised use may result in legal action.

15. Product Changes & Marketing

We reserve the right to update or change product specifications, features, inclusions, images, guarantees, and pricing without prior notice. Marketing content may showcase prototypes or updated models not applicable to your specific order. These updates do not entitle you to retroactive upgrades, refunds, or compensation unless agreed in writing.

16. Website Use & Conduct

By using our website, you agree not to interfere with its operation, attempt unauthorised access, distribute malicious software, reproduce content without consent, or use our contact forms for spam or deceptive activities. We reserve the right to restrict access, pursue legal action, or remove users or content at our sole discretion.

17. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

18. Entire Agreement

These Terms constitute the entire agreement between you and Vikara Saunas. No previous representations, statements, or agreements shall apply unless explicitly included in writing in this document and agreed by both parties.

19. Right to Modify Terms

Vikara Saunas reserves the right to amend, update, or replace these Terms at any time without notice. The most current version will always be available on our website. Continued use of our products, services, or website after changes are made constitutes acceptance of those changes.

20. Privacy & Data Collection

By using our website or providing personal information, you consent to the collection, storage, and use of your data in accordance with our Privacy Policy. We do not sell or share your data with third parties, except where required by law or for fulfilment purposes.

21. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter in good faith through negotiation. If this is unsuccessful, both parties agree to engage in mediation through a mutually agreed independent mediator in Australia before initiating court proceedings.

22. Third-Party Providers

We may refer or recommend third-party contractors for delivery, installation, or related services. These providers operate independently, and we are not liable for their conduct, performance, or service outcomes. Customers are responsible for engaging and contracting with these providers directly.

23. Use of Customer Images

By submitting or allowing photos of your sauna or installation to be taken, you grant Vikara Saunas a royalty-free, perpetual licence to use such images for marketing, promotional, or training purposes. You may opt out of this by notifying us in writing.

24. No Waiver

Any failure by Vikara Saunas to enforce any provision of these Terms shall not be construed as a waiver of our rights or future enforcement of that provision or any other part of the agreement.

25. Severability

If any provision of these Terms is held to be invalid or unenforceable, that part shall be severed and the remaining provisions shall remain in full force and effect.