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PRIVACY POLICY      TERMS & CONDITIONS 
ORDERING TERMS & CONDITIONS

Ordering Terms & Conditions



 
 

Online Shop


Ordering Terms & Conditions

 

The Customer agrees to be bound by these Terms and Conditions for any order placed with Viva Energy Online Shop.

The Customer's terms and conditions of purchase (including any delivery conditions on the Customer's order) are excluded. These Terms and Conditions shall apply on an individual order basis only and shall not be construed as conferring an ongoing relationship or term contract between the Customer and Viva Energy. Viva Energy has no obligation to accept any order from the Customer and (unless expressly agreed to the contrary) the Customer has no obligation to place orders with Viva Energy.


1. Definitions

  • 'Affiliate' means a related body corporate as that term is defined in the Corporations Act 2001 (Cth) and, in relation to Viva Energy, also includes members of the Vitol Controlled Group.
  • 'Business Day' means any day other than a Saturday, Sunday or public holiday in Melbourne, Victoria.
  • 'Customer' means the entity who placed the order and to whom Viva Energy is supplying Products.
  • 'Products' means any products or services which Viva Energy has agreed to supply to the Customer.
  • 'Viva Energy' means Viva Energy Australia Pty Ltd (ABN 46 004 610 459).

2. Products

  • Subject to these Terms and Conditions, Viva Energy will sell and the Customer will purchase, quantities of Products pursuant to orders which are submitted by the Customer and accepted by Viva Energy from time to time. Without limitation, the Customer acknowledges that Viva Energy will not accept orders for Products in quantities or volume less than the minimum order quantity as notified by Viva Energy from time to time. Viva Energy reserves the right to accept or reject a Customer's order for any reason, including (without limitation) if the requested Products are not available, if there is an error in the price of the description of the Products in the Viva Energy Online Shop or in your order.

3. Price

  1. The price payable by the Customer will be calculated at the time of check out. The prices of Products, freight costs and any other charges listed on the Viva Energy Online Shop are current at the time of issue but Viva Energy reserves the right to vary prices at any time before we accept a Customer’s order.
  2. Viva Energy will charge, and the Customer agrees to pay:
    1. the price for each Good that is ordered;
    2. the freight costs for delivering the Products to the Customer;
    3. any other fees and charges set out in these Terms and Conditions; and
    4. all taxes, duties and other levies imposed or assessed at any time on or in respect of the Products which are not included in the price.
  3. The Customer acknowledges that Viva Energy are not required or obliged to match any prices for any Products.

4. Goods and Services Tax

  • All amounts payable under these Terms and Conditions are inclusive of GST. If any party makes a taxable supply under or in connection with these Terms and Conditions, that party may in addition to the amount payable under these Terms and Conditions, recover from the other party an additional amount on account of GST, calculated by multiplying the amount payable under these Terms and Conditions by the GST rate (within the meaning of the GST law, being 10% currently). Where a taxable supply is made under or in connection with these Terms and Conditions, the party which makes the supply must issue to the other party a valid tax invoice or an adjustment note, as applicable, in accordance with the GST Law.

5. Payment / Payment Security

  1. Unless otherwise agreed, payment for the Products shall be made by the Customer via the Website upon completing their order, at the rates specified on the Website at that time, and on the terms contained in these Terms and Conditions. For avoidance of doubt, payment will be processed before the Product will be dispatched for delivery.
  2. PCI DSS certified data centres is used by our third party for secure payments in this website. Your credit card is processed via third party payment gateway. We don't store your credit card details on our website. The payment data is securely stored, in conformity with Australian Privacy laws. For added security the entire payment page is also secured and hosted in a secure, PCI compliant hosting environment.

6. Dimensions, Performance data and other Descriptive Details

  • All technical information (including photographs, drawings, illustrations, weights, dimensions and any other particulars communicated via the online store) is approximate only and to the extent permitted by law, Viva Energy gives no warranty and makes no representation with respect to the correctness, compliance, adequacy or otherwise of that information at its own risk.
  • To the extent permitted by statute, any performance data provided by Viva Energy, a supplier or a manufacturer is an estimate only and is provided in good faith but without liability or responsibility on the part of Viva Energy and without the intention that the Customer should rely on it.

7. Title and Risk

  • Title and risk in the Products shall pass from Viva Energy to the Customer at the time of delivery to the Customer or pick up by the Customer (as applicable).

8. Deliveries

  1. Viva Energy only delivers Products to Australian addresses only.
  2. Viva Energy may make deliveries of Products by such means of delivery and in such tanks or other containers as Viva Energy may select. The Customer must take delivery in accordance with Viva Energy's delivery schedule from time to time and allow reasonable time for Viva Energy to deliver.
  3. Delivery fees are payable in addition to the price of the Products.
  4. Viva Energy will dispatch Products as soon as possible after your order is completed. Please allow 3 - 10 business days for Metro delivery. Regional Delivery allow an additional 2-3 business days.
  5. Viva Energy reserves the right to alter permitted shipping addresses and freight charges at any time without notice.

9. Returns and replacements

  1. Unless the Customer notifies Viva Energy to the contrary in writing or by telephone within seven (7) days of delivery of any Products, and such notification is confirmed as received in writing by Viva Energy, the Products are deemed to have been accepted by the Customer.
  2. Return or replacements of Products (other than in situations where Viva Energy is required to accept a return of Products under the Australian Consumer Law) must be approved by Viva Energy and shall not occur:
    1. in respect of Products accepted or deemed to have been accepted by the Customer; and
    2. if the Customer changes its mind.
  3. If the Customer believes the Products are faulty, not fit for their intended purpose or does not match the description on the Viva Energy Online Shop, the Customer should contact Viva Energy by telephone on 131618 or email at [email protected], and provide:
    1. the Customer's name and contact details;
    2. the order/invoice/receipt number;
    3. a detailed description of the reason for the Customer's request; and
    Viva Energy will evaluate the Customer's request and may contact the Customer to clarify the request.
  4. Viva Energy will accept the return of Products and may, in its discretion, provide the Customer with replacement Products, credit to be used in the Viva Energy Online Shop or a refund, where the Products are found to:
    1. be faulty or defective; or
    2. be not fit for their intended purpose; or
    3. not match the description given on the Viva Energy Online Shop.

10. Force Majeure

  • Viva Energy will not be responsible for any failure to comply or any delay in complying with any of these Terms and Conditions if compliance has been delayed, hindered, interfered with or prevented by any cause beyond Viva Energy's reasonable control, a strike, lock-out or other industrial action (whether or not Viva Energy is a party to it or would be able to influence or procure its settlement), compliance with a government request, or any curtailment or failure of the supplies of Products from any of Viva Energy's or Viva Energy's supplier's sources of supply or of the normal means of transport of Products. During a supply shortage, Viva Energy may, in its absolute discretion, withhold, suspend or reduce supply of Products to the Customer, and will not be required to purchase or otherwise make good any resulting shortages of supply to the Customer. Nothing in these Terms and Conditions requires Viva Energy to settle any strike, lock-out or other industrial action on terms unacceptable to it.

11. Termination

  • Viva Energy may suspend, withdraw or terminate the supply arrangements set out in these Terms and Conditions, immediately without prior notice or explanation to the Customer. Viva Energy disclaims all liability to the Customer for any loss, damage or injury resulting from such withdrawal or termination. Any order for Products accepted by Viva Energy which remains to be fulfilled may be cancelled at Viva Energy's option without liability on Viva Energy's part.

12. Warranties and Limitation of Liability

  1. It is acknowledged by the Customer that the Customer has made its own investigations and its own assessment of the suitability of the Products (including any services) for the use to which they will be put.
  2. To the extent permitted by law, all terms, guarantees, conditions, warranties or undertakings whether express or implied, statutory or otherwise, oral or written relating in any way to the supply of the Products (including any services) or to these Terms and Conditions are excluded including, without limitation, any guarantees or warranties of acceptable quality, merchantability or fitness for purpose.
  3. To the extent permitted by law, the liability of Viva Energy under or in connection with these Terms and Conditions (whether on the basis of breach of contract, breach of an express, implied or statutory guarantee or warranty, pursuant to any indemnity, negligence or otherwise) for loss or damage suffered by the Customer or any third party is limited to:
    1. in the case of products:
      1. replacement of the products or the supply of equivalent products; or
      2. payment of the cost of replacing the Products or of acquiring equivalent products.
    2. in the case of services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
  4. In addition, to the extent permitted by law neither Viva Energy nor its Affiliates shall have any liability under or in connection with these Viva Energy Terms & Conditions, whether for breach of these Viva Energy Terms & Conditions, pursuant to any indemnity, negligence or any other tort, breach of statutory duty or otherwise, for any:
    1. loss of profits, income, revenue, contracts or production;
    2. business interruption or increased costs in operations;
    3. damage to goodwill or reputation;
    4. damage to plant, equipment or machinery as a result of any late delivery of Products;
    5. indirect losses or expenses or consequential damage whatsoever, even if such loss, expense or damage may reasonably be supposed to have been in the contemplation of both parties as a probable result of the relevant default, whether suffered by the Customer or any third party.
  5. In addition, to the extent permitted by law Viva Energy disclaims all liability to the Customer for loss, damage or injury (including death) resulting from the provision of services by Viva Energy, except to the extent of any negligence on the part of Viva Energy.
  6. Viva Energy's liability to the Customer for any loss or damage of any kind under or in connection with these Terms and Conditions, whether for breach of these Terms and Conditions, pursuant to any indemnity, negligence or any other tort, breach of statutory duty or otherwise, is reduced to the extent that it is caused or contributed to by the Customer.
  7. Subject to clause 12)(b), nothing in these Terms and Conditions limits any right, power or remedy the Customer may have under the Australian Consumer Law.

13. Direct Debit Arrangements

  • Drawing Arrangements
    1. The Customer acknowledges that, by supplying the credit card details and placing an online order, moneys due to Viva Energy will be charged to the Customer's bank account.

14. Assignment

  1. Viva Energy may, at any time, assign any of its rights, or transfer by novation any of its rights and obligations under these Terms and Conditions to any person or persons, and must give notice of any such assignment or novation to the Customer as soon as reasonably possible thereafter. At the request of Viva Energy, the Customer must do anything necessary, including the execution of documents, to effect any such assignment or novation by Viva Energy.
  2. The Customer must not transfer or assign any of its rights or obligations under these Terms and Conditions without the prior written consent of Viva Energy, which consent may be withheld in Viva Energy's absolute discretion.

15. Variation

  • Viva Energy reserves the right to vary these Terms and Conditions at any time, in its absolute discretion.

16. Privacy Policy and Personal Information

  • Please refer to Viva Energy's Privacy Policy, which forms part of these Terms and Conditions

17. General

  1. These Terms and Conditions are governed by the laws in force in the State of Victoria, and any proceedings arising out of these Terms and Conditions shall be determined by a court of competent jurisdiction in that State.
  2. If these Terms and Conditions are entered into by an agent acting for or on behalf of the Customer, whether such agency is disclosed or undisclosed, then such agent shall be liable (as well as the Customer) not only as agent but also as principal for the performance of all the obligations of the Customer.
  3. If the Customer carries on business as a trustee, the Customer is bound by the terms and conditions of these Terms and Conditions both as trustee and in its own capacity.

18. PROMOTIONAL CODES

  1. We may offer discount promotions and other types of offers which require activation by a promotion discount code used at the checkout. These Promotional Codes will be valid for specific products at Viva Energy’s discretion and valid for a limited time only at Viva Energy’s discretion.

  2. A Promotional Code may only be used once by its recipient and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without Viva Energy’s prior written approval. A Promotional Code is only valid on the recipient’s first Product purchase. Only one Promotional Code is allowed to be applied per order. A Promotional Code is non-refundable, non-exchangeable for cash and may not be used in conjunction with any other offer or credit.

  3. We reserve the right to withdraw or cancel any Promotional Code for any reason at any time without any notice to you.

  4. Promotional Code may only be redeemed through the Viva Energy Online Shop and not through any other website or method of communication, unless otherwise specified. To use your Promotional Code you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Promotional Code.

  5. Any discounts or bonus gifts attached to Promotional Codes apply to the price of the Products in an order only and not to delivery charges (unless otherwise specified).

  6. Promotional Codes deriving from any Customer referral program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes from the sharer’s account if we become aware of or suspect any inappropriate use.



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