1. Terms and conditions of use.
These terms and conditions govern your use of the Ovaro Home website. Using this site indicates your acceptance of these terms. We may amend, update or change this website, including these terms, without prior notice. Any promotion, competition, product or service on this website is subject to these terms, or those specified on the applicable webpage.
Our website is intended solely for persons who are 18 years old or older. Any access or use by anyone under 18 is expressly prohibited. By accessing this website, you confirm you are 18 or older and agree to be of the legal age required in your state when purchasing applicable products. It is your responsibility to determine whether you can legally purchase certain products from this site.
2. General disclaimer.
Ovaro Home is not liable for any loss suffered in connection with the use of this website or any linked website. This general disclaimer is not restricted or modified by any of the specific warnings and disclaimers below.
3. Content.
Publication of electronic addresses on this website is for professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. We reserve the right to change any material on this website at any time. We do not undertake to keep this website updated and are not liable for errors in the information on this website or if that information is not up to date.
4. Intellectual property rights.
All materials, third-party logos, brands, and trade names on this website are either the property of, or used with permission by, us, and are protected by copyright. Use of these materials is prohibited unless specifically permitted by legislation, these terms, or express written permission from us. You may not, in any form or by any means, adapt, reproduce, broadcast, decompile, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website, or commercialise any information, products or services obtained from this website, without prior written permission.
Trademarks must not be used or modified without our express written permission or the permission of the relevant third-party owner. Unauthorised use of images and third-party logos, brands, and trade names may violate copyright laws, trademark laws, privacy laws, and other civil and criminal statutes.
5. Hyperlinks.
Ovaro Home makes no representations about websites accessed through this site that are not maintained, controlled, or created by Ovaro Home. We do not endorse these sites and are not responsible for their content.
6. Site policies, modification, and severability.
We reserve the right to make changes to our site, policies, and these terms at any time. If any term is deemed invalid, void, or unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
7. Limitation of liability.
Your use of this website is at your own risk. We make no warranties or representations as to its accuracy and, to the extent permitted by law, we disclaim any liability or responsibility for any errors or omissions in the content on the website. We will not be liable for any direct, incidental, consequential, or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings resulting from your access to, use of, or inability to use this website, whether based on warranty, contract, tort, negligence, or any other legal basis.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this clause but allows a limitation to a certain maximum extent, our liability is limited to that extent.
8. Warranties.
Except as otherwise stated on a webpage of this website or as required by law, everything on this website and all products displayed are provided to you "as is" and, to the extent permitted by law, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Information on this website may contain typographical errors, technical inaccuracies, or other errors and may be changed at any time without notice. We have a policy of continuous product improvement and reserve the right to make changes to products without notice. We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this site or its server are free of viruses or other harmful components.
You assume the entire cost of all necessary servicing, repair, or correction on account of your access to or use of the website. We are not responsible for the content of any website linked to or from this website. Your linking to any other website is entirely at your own risk and should not be interpreted as an endorsement of that website's owner or content.
9. Governing law.
The information contained in this website is intended for use by persons resident in Australia and is governed by the laws of the State of Victoria and the Commonwealth of Australia. If you access this website from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
10. Specific warnings.
You must ensure that your access to or use of the website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process you use to access the website does not expose you to risk of viruses, malicious computer code, or other forms of interference that may damage your computer system. Ovaro Home takes no responsibility for any such damage that may arise in connection with your use of the website.
11. Goods.
Ovaro Home takes no responsibility for the content of any goods purchased through the website. You warrant that, if your order includes restricted material, you are eligible to purchase such goods.
12. Pricing.
Prices displayed on the website are subject to change without notice. Prices for items in an order are fixed once your order has been accepted. Subsequent price changes, either up or down, will not be retrospectively applied to accepted orders.
You agree to pay the delivery charges specified at the time you submit your order. All prices are listed in AUD. Online pricing is not indicative of in-store pricing.
Sales, markdowns, and promotional codes
- Sale and markdown items. Sale prices are displayed on our website with the current sale price. No further discounts apply.
- Other promotional codes. From time to time we offer promo codes for free shipping or further discounts. These codes are not valid in conjunction with any other offer or promo code.
13. Orders.
You may place an order by following the instructions on the website. Your order is submitted when you complete payment details and press the "Complete Order" button. Orders are deemed received by Ovaro Home at the time we send an order confirmation to your nominated email address.
Each accepted order represents a separate agreement incorporating the terms of that order. Ovaro Home reserves the right to not accept orders that request commercial quantities of goods. If we are unable to supply your total order, these terms apply to all or part of the order we are able to supply.
Ovaro Home will use its best endeavours to supply orders placed through the website; however, we reserve the right to cancel any order without notice for any reason. In the event of a cancelled order, any payments processed will be promptly refunded.
Once an order has been placed and payment confirmed, the order cannot be changed or cancelled. You may return an order once it has been delivered by following our returns process. We acknowledge that the internet can be an unstable and sometimes insecure marketplace. At times the website may not be available, or orders may not be processed or accepted for reasons beyond our control. In these circumstances, Ovaro Home accepts no responsibility.
14. Payment.
You may provide your nominated credit card details during the purchase process. Once the goods are received from suppliers and are ready for dispatch, Ovaro Home will process payment using your nominated credit card (Visa or Mastercard). You authorise Ovaro Home to debit such amount from your nominated card.
If your nominated credit card is declined, Ovaro Home will not be able to guarantee delivery and may contact you to make alternative payment arrangements. We may decide at any time not to accept payment by credit card for any reason and may not contact you to inform you that your order will not be processed.
15. Delivery, risk, and title in the goods.
Ovaro Home will use its best endeavours to deliver goods to your nominated delivery address within the time period specified at the time of placing your order. However, Ovaro Home will not be liable to you or anyone else for any losses suffered due to delay.
Subject to payment, property and risk in the goods passes to you upon delivery to your nominated delivery address. All parcels are delivered using StarTrack. StarTrack reserves the right to request identification at the time of delivery. If the residence is unoccupied at the time of delivery or identification cannot be provided, StarTrack will attempt to re-deliver the following day. If the residence is again unoccupied, a return-to-sender fee will be charged and the goods will be returned to Ovaro Home, where a full refund will be issued upon receipt.
16. Faulty or damaged goods.
Ovaro Home will use its best endeavours to replace any faulty goods, or goods damaged prior to delivery. Damaged or faulty goods will be replaced at our discretion, or where replacement is not possible, a full refund will be issued for the value of the faulty or damaged goods. All damaged and faulty goods must be returned to Ovaro Home.
17. Returns.
If you have a return, please refer to our returns policy for more information.
18. Indemnity.
You waive, release, discharge, and relinquish any and all claims that you now have or may have against Ovaro Home which are connected with, arise out of, relate to, or are incidental to the use of the website.
You agree to indemnify Ovaro Home and hold us harmless from and against any and all claims, loss, damage, taxes, liability, or expense that may be incurred by Ovaro Home arising out of or in connection with your, or any person using your password's:
- act or omission;
- breach of these terms and conditions; or
- infringement of any intellectual property on the website.
19. Privacy.
Please refer to our privacy policy for detailed information.
20. General.
Any provision of these terms which is void or unenforceable may be severed without affecting the enforceability of other provisions. A failure or delay by Ovaro Home to exercise a power or right under these terms does not operate as a waiver of that power or right, and the exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
21. International online customers.
We do not accept any orders from international customers or international credit cards.
22. About Ovaro Home.
In these terms, a reference to Ovaro Home is a reference to Viva Energy Retail SMGB Pty Ltd, trading as Ovaro Home (ABN 44 670 895 904).