Terms and Conditions

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1. Terms and Conditions of Sale
   The goods and services listed on this website are exclusively available from Victor Celeste®. You may make an offer to purchase these goods and services at the specified price through the website, or until they are removed from the website. If Victor Celeste® accepts your offer, the sale of the goods or services will proceed in accordance with the terms and any other applicable terms.

2. User Agreement
   Each time you use the website and before placing an order, it is recommended that you review the terms for any updates. If we decide to notify you of amended terms, you agree to receive these updates via email.

3. Use of the website
   It is agreed by you that any activities or interaction conducted by you may and will be monitored by us or any Third-Party Service Providers of our choice to identify potential fraud and illegal transactions or any other wrong-use of the website.

4. Purchases made on the website
   Should you decide to buy any item contained or published on victorceleste.com.au, by invitation or not, by finalising the order you implicitly agree that your purchase is subject to the terms and conditions of sale (order).
   
   By placing an order on this website, you acknowledge that you:
   - Are over eighteen (18) years old;
   - Accept the terms as binding;
   - Acknowledge that you have entered into a legal contract with Victor Celeste® under the agreed terms hereof;
   - Understand these terms constitute the entire agreement between you and Victor Celeste® for the supply of goods in the order;
   - Have reviewed and confirmed that the goods in your cart are correct.
   We advise you to thoroughly review all items before adding them to your shopping cart and placing your order.
   A contract for the sale and supply of goods between you and Victor Celeste® will be established if you make full payment (including any applicable delivery charges) on the website for the items in your cart, and Victor Celeste® accepts and confirms your order.
   Once you have completed the steps above and finalised your order, it cannot be cancelled or revoked unless explicitly stated in these terms.
   You acknowledge that:
   - Your order or payment confirmation might not reach Victor Celeste® due to factors outside of both your and Victor Celeste®'s control, even if both parties have made reasonable efforts and plans in order to communicate effectively your order of payment confirmation, including electronic failures, mechanical malfunctions, software issues, or problems with third-party website providers or systems;
   - Victor Celeste® may process all completed electronic directions received through the website without needing additional consent or reference from you;
   - Victor Celeste® may accept an electronic direction as valid and is not required to verify the authenticity or authority of the person issuing or transmitting the instruction, nor to confirm its accuracy and completeness.
   You will receive an email from Victor Celeste® promptly and in a reasonable timeframe after your order is finalised and payment is cleared.
   If Victor Celeste® does not accept your order, you will be informed by phone or email as soon as possible, and any payment made will be fully refunded.
   Victor Celeste® reserves the right to accept or reject any offer at its sole discretion, which may include reasons such as errors in the advertised price or description of the products contained in the website, or errors in your order.
   Stock availability is based on the most recent data and may change at any time without warning. If Victor Celeste® is unable to supply a specific item, you will be notified by phone or email as soon as possible and a substitute product might be offered. If that substitute product is not up to customer satisfaction, any payment made will be fully refunded.
   Your order will be considered accepted by Victor Celeste® when it has been shipped or is prepared for collection, depending on the applicable situation.

5. Gift Cards
   Victor Celeste® Gift Cards are governed by the Gift Card Terms & Conditions.
   eGift Cards from Victor Celeste® can be bought directly and will be sent to the email address provided in your order. It is crucial to enter the correct email address, as Victor Celeste® cannot either reissue or cancel any eGift Card that has been sent to a wrong email address if it has already been redeemed.
   Both physical Victor Celeste® Gift Cards (when available) and Victor Celeste® eGift Cards are accepted as payment methods for any placed order. Only one gift card can be redeemed per purchase.

6. Price
   Prices listed for each item are in Australian dollars and include GST where applicable. Delivery and handling charges are not included in the displayed prices and will be calculated at checkout. Prices are subject to change at the sole discretion of Victor Celeste®.
   Images of goods without a displayed price are not available for sale. Unless specified otherwise, any accessories shown in product images are not included in the listed price.
   We reserve the right to correct any errors published on the website.

7. Payment
   Before Victor Celeste® accepts an order, all payments must be made in full.
   Payments must be made via the Stripe secure payment gateway, which supports Mastercard, Visa, Afterpay, Amex, Eftpos, and other available methods, and are subject to the terms and conditions of these providers.
   Your request to purchase from Victor Celeste® (Requested Purchase) may be subject to fraud analysis pre-screening conducted by Third-Party Service Providers employed by Victor Celeste®. If the Requested Purchase is flagged as potentially fraudulent or fails the pre-screening process, we reserve the right to decline it. Your personal information will be handled in accordance with our Privacy Policy.
   To the extent permitted by law, Victor Celeste® is not liable for any damages or consequential losses, whether direct or indirect, incurred by a user due to the fraudulent or unauthorised use of a credit card.

8. Supply and Delivery
   Victor Celeste® will sell and supply the goods to you as described in your order confirmation email following placing the order.
   Goods may not be available for immediate delivery. Victor Celeste® will strive to deliver your order within ten (10) days from the date of purchase.
   You acknowledge that your order may take up to ten (10) weeks to be delivered from the date of purchase, due to the average manufacturing lead time required by suppliers. Victor Celeste® will contact you upon receiving your order to provide an estimated delivery date.
   Before submitting your order, you will be prompted to enter delivery details to have it delivered to an address specified by you.
   If goods or deliveries are ordered to addresses in regional or remote areas and Victor Celeste® is unable to deliver your order within 10 business days due to lack of stock, you will be notified. You may then decide to cancel your order without any charge, and Victor Celeste® will issue a Victor Celeste® Credit at an equal value to be used for the purchase of other Victor Celeste® products available. An option to opt in for a full refund of any payment made by you is also available to the customer’s discretion. Should the customer opt for the Victor Celeste® Credit, they agree that the expiry date for that credit is 12 (twelve) months from the date of issue.
   Delivery times may exceed 10 business days for addresses in regional or remote areas.

9. Delivery by Post
   Delivery charges (if applicable) are in addition to the price of the goods in your order. The delivery address must be within Australia and cannot be a freight forwarding location or PO Box. You must be available in person to accept the delivery unless an ‘authority to leave’ is given by you to the postal service performing the delivery.
   If you need to change the delivery date or address, please notify the Victor Celeste® Customer Service at least 48 hours before your order is dispatched.
   Victor Celeste® will make every effort to dispatch your order within the estimated timeframe, but cannot guarantee that these timeframes will always be met.

10. Disclaimer
    Victor Celeste® excludes all liability for any loss or damage related to the Victor Celeste® website, to the extent permitted by law, including but not limited to:
    1. Your actions or inactions based on information found on the website or any linked website that lead to loss or damage;
    2. Property damage or personal injury resulting from your access to or use of the website;
    3. Any unauthorised access to or use of the website.
    Except as explicitly stated in these terms, and to the fullest extent permitted by law, Victor Celeste® shall not be liable for any direct, indirect, special, incidental, or consequential damages or suffering resulting from your access to or use of the website.
    This clause is not intended to exclude or limit any rights you may have under the Competition and Consumer Act 2010 (Commonwealth).

11. Privacy and Personal Information
    The Victor Celeste® Privacy Policy, available here, explains how Victor Celeste® will collect and manage your personal information in compliance with the Australian Privacy Principles outlined in the Privacy Act 1988 (Commonwealth).

12. Governing Law
    These terms are governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia. Victor Celeste® makes no representations about the website's content complying with the laws of any country outside Australia.

13. Transfer and Assignment
    If Victor Celeste® merges, sells, or otherwise transfers control of its business or this website to a third party, it reserves the right to transfer or assign your personal information, content, and any agreements made with you, without notice or consent, in accordance with our Privacy Policy.

14. Waiver
    The failure of Victor Celeste® to exercise or enforce any right or provision under these terms will not constitute a waiver of that right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Victor Celeste® Managing Directors.
    Victor Celeste® Terms and Conditions of Sale Version 1.0 September 2024 © 2024 Victor Celeste®
    Subject to the terms and conditions, the goods and services described on this website are available exclusively from Victor Celeste®, unless stated otherwise.

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