Terms and Conditions

Application

This page highlights the terms and conditions that applies to our products and services listed in our website www.vivifytextiles.com to you. Please carefully read through these terms and conditions before ordering any products from our website. Vivifytextiles.com reserves all rights to make changes to this site and these terms and conditions at any time. 

Copying our information and materials are strictly prohibited. They are not to be reproduced, modified, republished, distributed or posted in any form or means without Vivify Textiles' consensus and written permission. 

By ordering or registering on Vivifytextiles.com you grant us the right to add your contact details to our database. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at customersupport@vivifytextiles.com and we will remove you from marketing communications.

 

Confidentiality and Privacy


1. Each party:
a. may use Confidential Information of the other party solely for the purposes of performing its obligations under this agreement;
b. except as permitted under clauses 1(c) and 1(d), must keep confidential all c. Confidential Information of the other party;
c. may disclose Confidential Information of the other party only to employees or contractors who:


i. are aware and agree that the Confidential Information of the other party must be kept confidential; and
ii.either have a need to know (and only to the extent that each has a need to know), or have been specifically approved by the other party; and

d. may disclose Confidential Information if required by a court, rule or governmental law or regulation, or the rules of any stock exchange, provided that the party making the disclosure provides prompt notice to the other party of any such requirement.


2. If a party wants to disclose the other party’s Confidential Information to a person other than that other party, its employees or contractors (Third Person) or other than in accordance with clause 1(d), that party must require the Third Person to enter a confidentiality agreement on substantially similar terms to those confidentiality requirements specified in clause 4.1.


3. Each party must comply with:

a. the reasonable directions of the other party in relation to the handling of any Personal Information that the party holds or has held; and
b. the Privacy Act 1988 (Cth). 

 

Information About Us

Vivify Textiles is a trading business under Swan Living Pty Limited ABN (96 602 775 968). 

For any enquiries, please contact us via email. We will aim to get back to you within 72 hours.

 

 

Operational hours

We open and transaction 24/7. Should you have any enquiries, you may also contact us by submitting the online enquiries for or email us to customersupport@vivifytextiles.com

 

 

Service Availability

Our site is designed to service any customers. Hence oversea orders are welcome. If you wish to order and you are outside of Australia, please contact us first for any oversea enquiries.

 

 

Products (Fabrics)

Since some of the fabrics are stretchy, please allow +/- 5% colour allowance, +/- 10% fabric weight and +/- 20% fabric final length for alteration.

 

 

Pricing

Prices are subject to change without notice. There may be duties and taxes added to your order by the destination country. You will be responsible for these taxes and duties upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.

 

 

Order Liabilities and Cancellations

To place an order, you might be 18 year olds and above. By placing the order through our website, you are liable for the decision of the order. We are happy to provide fabric samples, hence there will be no refund available should you change your mind. And there will be no refund or exchanges for sales items. 

After you place an order, an acknowledgement email will be sent out to confirm receipt of your order. Please be advised that this email is only an order confirmation, not an order acceptance. Vivify Textiles reserves all rights to accept or reject any orders. However should there be any issue with your order, our sales team will give you a call and contact you for more information.

Payment of the order is to be cleared at the point of check out. By checking out and confirming the order, it is confirmed that you are aware of and agree with our terms and conditions. Since we do not hold any physical stock, your order is made specifically to you and cancellation is only accepted prior fabric production. 

If there is any error with your order, please proceed to contact us immediately. We will access the order case by case and are more than happy to assist you and resolve your issue. Please allow 48 hours for us to respond back to you. For any urgent matters, please put "Urgent" in your subject heading and we will endeavours to assist you as soon as possible.

 

 

Coupons

Coupon here is presented in a coupon code and in order to receive the discount for sales items, all the terms and conditions must be met before coupon application. 

When coupons are applied, the discounted value will be deducted from the total order amount. Any unused portion of the value of a coupon will be forfeited. For example, if a coupon is used to purchase a product where the total amount comes to less than the value of the coupon then the remaining value is forfeited. Outstanding amounts cannot be re-used, reimbursed or refunded.

A coupon is forfeited if it is used on an order that is subsequently cancelled. For example if a coupon is used with an order and then is cancelled by the customer the coupon will be forfeited. 

Coupons are redeemable only on the Vivifytextiles.com website. 

The special offer included can be used via our website www.vivifytestiles.com or via email orders. This offer cannot be used with any other discount or promotion and is not redeemable for cash. The validity is displayed on your personalised voucher.

In the case of a multiple-item order, the value of the coupon is allocated to each item based on the proportion of the item's value to the total value of all items, excluding shipping and other charges. 

As mentioned previously, sales items are not refundable and exchangeable. Hence if the coupon is used partial to your order through Vivifytextiles.com, and you wish to cancel your order completely, only the non-promotional items are refundable on if the order is stopped before fabric production. 

​If a coupon is used and your entire order is cancelled or rejected, discount from coupon will no longer applicable for the transaction. Please contact us first if you wish to cancel any orders.  

Coupons apply to the GST inclusive price. And there will be a validity date attached to each coupon code.

If you have already placed an order before the coupon code valid, coupon code cannot be applied once order is processed. 

We reserve the right to vary or discontinue a coupon or promotional offer at any time without notice.

 

 

Payment

We take both Master-card and Visa Card for credit card transaction (i.e. Amex and Diner card are unable to process).

Orders and payments are transacted through PayPal in our website vivifytextiles.com. The terms & conditions from PayPal is independent from vivifytextiles.com. Hence we are not liable if you disagree with terms and conditions set out by them. Please ensure you read through their terms of contract and seek legal advice if necessary. 

 

 

Payment Service Fee

If your payment method is via credit card (mentioned above), surcharge is applicable as followed:

1) 1.95% for swipe through transaction (only applicable for physical credit card presence)

2) 3% for online transaction (only applicable for online payment)

Alternatively you can also pay via direct debit to the following account which will not incur any transaction fee.
 

Australian Transfer

Bank: ANZ
BSB: 012 257

Account number: 406 929 338

Account name: Swan Living Pty Ltd T/A Vivify Textiles

 

International Transfer

Bank: ANZ
Swift Code: ANZBAU3M

Account number: 012257406929338

Account name: Swan Living Pty Ltd T/A Vivify Textiles

(If it requires IBAN number, please key in our international account number again)

 

 

GST

We reserve the right to recover from you all goods and services tax (GST) payable in respect of the supply of goods and services to you. This is only applicable for transaction undertaken in Australia.

 

 

Delivery

Domestic delivery will take up 5-10 business days on top of the production time.

International delivery will vary in time depends on your chosen delivery courier (i.e. Air or Sea). 

Since products and goods are made oversea, please allow production time of 4-5 weeks on top of your delivery date (subject to individual fabric production timeline).

Please be aware that majority of the domestic deliveries are only attempted once and the driver will leave a card notifying you to call back and reschedule the delivery. You are to provide legit correct physical address as addresses such as PO boxes and Locked Bags are not reachable. If you provide the incorrect address or do not call back the courier services within 5 days, order will be bounced back and products will be sent back to us. In that case, you will need to reorganise delivery again at your own cost. Vivifytextiles.com cannot be held responsible for incorrectly entered delivery addresses. However if you call the courier back and authorise them to leave your good in a safe areas of your premises, you may pick up your good without signature.

Order delivery in some case will be broken down or split due to back order. We will notify you the order status when this happens. 

For more information on delivery charges, please contact us for further assistance.

 

 

International Customs Charges

Orders that are made may incur a customs or import duty charge. Vivifytextiles.com will not be able to advice these charges, please consult with your local custom brokers or customs office for further information on your own countries regulations & compliances.

As mentioned, all payments are to be processed at the point of check out on our website vivifytextiles.com. Shall you proceed with your order to your country, please liaise with us on the pick up address. Please note, you will be held responsible to organise your own fabric delivery including handling your customs charges and other processes involved in the entire delivery process. Order sent to overseas cannot be reversed back or returned to sender and you will be liable to pay for your custom charges. Vivifytextiles.com will neither be involved with your custom process nor mark International orders as gift in order to bypass or reduce customs charges. 

It will be at your own risk (e.g. delivery will be marked as abandoned) if you do not proceed to pay for your custom charges. Once the goods are scheduled to be picked, Vivifytextiles.com will not be liable for any loss of funds or goods due to any uncontrolled factors such as weather and customs in your delivery process. It is advised that you have your own delivery insurance to protect your right for any unexpected matters.

Liability, Warranties and Indemnities, Refunds

1. The parties will not be liable to each other under this agreement, under any circumstances, for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. Neither party will be liable to the other for any amount exceeding the Price.

2. The parties acknowledge that the Competition and Consumer Act 2011 (Cth) provides certain warranties and guarantees to consumers, given by sellers of goods, and that the Purchaser may be compelled by that law to give these warranties and guarantees to the Purchasers. Accordingly, the parties agree to incorporate those warranties and guarantees into this agreement, such that they are given by the Seller to the Purchaser. Those warranties and guarantees are given by the Seller to the Purchaser irrespective of whether the Products would ordinarily be covered by the Competition and Consumer Act 2011 (Cth).

3. The Seller indemnifies the Purchaser for any loss incurred by the Purchaser as a result of any breach of the warranties or guarantees in clause 3.2 by the Seller.

4. [AU Purchasers only] The Purchaser warrants that at the time any supply is made under this Agreement on which a goods and services tax (“GST”) is imposed, it will be registered for GST purposes with an ABN number, and will provide evidence of the same on request. Any invoice rendered by the Purchaser which seeks to recover an amount of GST payable, must conform to the requirements of a tax invoice as specified in GST law.

5. The Purchaser and its employees, agents and sub-contractors must, when within the Company’s boundaries, on its premises or at its facilities, comply with all reasonable directions, policies, signs and procedures relating to occupational health, safety, security, discrimination and harassment, and ethical conduct.

 

Right to Vary These Terms and Conditions

Vivify Textiles reserves all right to revise and amend these Terms and Condition at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
 

Subject to the policies and Terms are in force at the time that you order Fabrics from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 7 business days of receipt by you of the Products).

 

 

Law and Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of New South Wales or, where applicable, the Commonwealth of Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.