Terms & Conditions

About These Terms And Conditions

In these Terms and Conditions, "we" and "us" mean Vicky Sun Pty Ltd, ABN 93 128 797 991, at 10 Rose Crescent, Regents Park NSW 2143 Australia, and "you" means you the customer.

These Terms and Conditions, together with your Order, constitute the entire Contract between you and us for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Important Notice: These Terms and Conditions constitute a legally enforceable agreement with Vicky Sun Pty Ltd. If you do not agree with any of these Terms and Conditions, you are not permitted to use this website and should immediately exit from it.

Your use of our website constitutes your acceptance and agreement to these Terms and Conditions. Please read these Terms and conditions thoroughly.

Vicky Sun Pty Ltd reserves the right to amend or modify these Terms and Conditions at any time and without notice to you. Your ongoing use of the website following any amendment or modification constitutes an agreement by you to abide by and be bound by the amended or modified Terms and Conditions.

From time to time, there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Vicky Sun Pty Ltd reserves the right to correct any errors, pricing, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed an order with us).

Prohibited Conduct

You must not:

  • transmit to, or via, this website any information which breaches any laws or regulations or infringes a third party's rights;
  • use another's name, details, username or password without their permission;
  • tamper with, hinder the operation of, or make unauthorised modifications to this website;
  • knowingly transmit any viruses or other disabling features to the website;
  • remove any copyright, trade mark or proprietary rights notices contained in or on this website; or
  • use the website otherwise than in accordance with these Terms and Conditions.
Intellectual Property

Unless otherwise stated, Vicky Sun Pty Ltd owns or has a valid licence to use all copyright and trademarks in the content of this website.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in this website, except as expressly approved by us in writing or as permitted by law.

The information on this website is provided for personal use only. We grant you permission to store a reproduction of the material on your local computer for the sole purpose of viewing the material and to print hard copies of material for your personal information, but not commercial use. 

International Sales

We sell and ship our products to Australia and New Zealand only currently. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. Our Lighting products have SAA Approvals that have proven to comply with the safety electrical requirements of the applicable Australian Standard. Our Lighting product transformers' input voltage is 220-240 volts, and the socket type is Australian AS-3112. 

Legal Capacity To Transact

If you are under the age of eighteen (18) years, you can not place orders with Vicky Sun Pty Ltd.

By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen (18) years.

Should Vicky Sun Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, Vicky Sun Pty Ltd reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Vicky Sun Pty Ltd. 

Placing Your Order

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

Information contained on VickySun.com.au constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products. However, Vicky Sun Pty Ltd will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation via email. However, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed for the purpose of preventing credit card or payment fraud. Vicky Sun Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

We will confirm acceptance of your order when we send you an email confirming the shipment of the goods you have ordered.

If we cannot process or accept your order after payment is received, we will contact you by email or telephone. 

Payment Methods And Processing

Vicky Sun Pty Ltd currently accepts Visa/MasterCard, PayPal, bank deposits, money orders and cheques.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding NSW public holidays.

We place great importance on the privacy of our customers when shopping online. Our secure certificate encrypts and protects data transmitted between the customer's browser and the website. Stripe, our credit card payment gateway, is a certified PCI Service Level 1 Provider, the highest level of certification available, and ensures that customer payment information is processed securely and complies with strict industry standards. Stripe will process credit card payments after you click the “PLACE ORDER” button on the checkout page. 

GST

Vicky Sun Pty Ltd purchases include GST unless stated on a Product listing. All prices include GST. 

Prices

Vicky Sun Pty Ltd always seeks to list Products with the most competitive prices.

Vicky Sun Pty Ltd reserves the right to change prices for Products displayed at VickySun.com.au at any time.

All prices are in Australia Dollars (AUD). 

Delivery Of Your Products

Vicky Sun Pty Ltd usually dispatches paid items within 2 business days from Regents park NSW 2143 once payment is received in full. Then it depends on the courier timetable for you to get your delivery. Most delivery takes 1-5 working days, but it may take 10 working days. You can check the delivery time with your postcode at Australia Post, your parcel will be sent from Regents Park NSW 2143 Australia. Once your parcel is shipped, we will send you a shipping confirmation email to you with the tracking number. All deliveries are trackable. you can track your delivery status online, over the phone (Australia Post 13 13 18) or contact us.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no one is available to take delivery of your Products, our carrier will leave a card so you can pick up your Product from your local Post Office. Where delivery is by our courier service, and no one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. Sometimes, Australia Post carrier does not leave a notification card, so please check it with your local Post Office if you think your parcel should arrive, or you are welcome to contact us.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on Shipping & Returns; however, we do not guarantee that we will deliver within this time frame.

We fully insure all deliveries. In the unlikely event, a parcel is lost or damaged in transit. We will assist you in contacting the transport company. If we get a confirmation from the transport company that the parcel was lost or damaged. We will help you to make a claim with the transport company. If the transport company confirmed the parcel was delivered without damaged, we will not process any refund or replace. If you do not want the parcel to leave at the front of your property when no people attending on delivery, please leave a message at the checkout page. We will not execute Authority to Leave (ATL) with the transport company, and the redelivery fee maybe caused.

Cancel a Transaction

If you want to cancel your order, please contact us as soon as possible.

If your parcel has not been sent to you when we receive your cancellation notice, we will cancel your order. We will refund you in the same payment method you use.

If your parcel was sent to you when we received your cancellation notice. We will refund you the purchase price of the Product within 14 days of delivery for unopened products you returned. The refund does not include the postage. No refund or credit will be given to you until Vicky Sun Pty Ltd has received the unopened Product from you. We will refund you in the same payment method you use.

Return A Product

We provide a one-time replacement for defective items within 12 month from the date of purchase.

Postage is not refundable under any circumstances. We always provide good services to our customers. But we do not accept any intimidation. The product's warranty will be voided if we receive any intimidation under any circumstances.

For the lights, we do not provide replacement or refund for the broken wire, which was caused by an external force; the lights got rusted. When you hang the lights, please be gentle, do not pull them too much. We check every set of lights before they send them to our customers. 

If you change your mind about a purchase or make an incorrect choice, we will refund you or provide you store credits within 14 days of delivery for unopened products, depending on your choice. Children's Personal Products, like cot bedding, baby wrap, and bassinet, they cannot be returned due to a change of mind. Please refer to the warranty page for the item you purchased. This store credit or refund excludes all delivery costs.

If the Product is damaged or Dead on Arrival, Dead Soon After Arrival or a Later Defect Product, we have indicated below what you should do and how Vicky Sun Pty Ltd will respond to the problem. For international orders, the buyer has the responsibility to pay the freight for both ways to get the product repaired, a replacement or a refund.

Vicky Sun Pty Ltd will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.

All return requests need to be contacted by email. All return items need to be returned back to us within 14 days after we authorize the return request.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

For more information about your rights as a consumer, see the ACCC website.

Dead On Arrival Products - "DOA"

A Vicky Sun Pty Ltd Product is considered DOA if it shows symptoms of a failure or is discovered to be broken when first taken from its packaging.

The claim must be notified to us within 7 days of delivery. A Vicky Sun Pty Ltd Customer Service Representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA, we will arrange to repair, replace, or refund it. Postage is not refundable. 

Where Vicky Sun Pty Ltd has provisionally determined that a Product is DOA, return shipment will be arranged at the expense of Vicky Sun Pty Ltd for Australia orders,  if the claim has been notified to us within 30 days of delivery. Freight collection or COD returns will not be accepted. For international orders, the buyer has the responsibility to pay the freight for both ways to get the item repaired, a replacement or a refund.

If the Product is deemed by Customer Services NOT to be DOA, Vicky Sun Pty Ltd may, in its absolute discretion, refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property, and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.

When a refund is given, the returned DOA Product becomes our property.

Dead Soon After Arrival Products - "DSAA"

If you find a defect in a Product within a reasonable time (30 days as a rule of thumb) after delivery and before you have used it a lot, you should notify Vicky Sun Pty Ltd, and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products").

For Australian orders where Vicky Sun Pty Ltd has provisionally determined that a Product is DSAA,  and the claim has been notified to us within 30 days of delivery, return shipping will be arranged at the expense of Vicky Sun Pty Ltd. We will provide repair, replacement or refund for the product.

Later Defect Products - "LD"

If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is an LD Product. Vicky Sun Pty Ltd will exchange the LD Product where possible or change the LD product to the same value product if the item you purchased is not available at that moment.

A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceeds one year, and usually, it will be much shorter.

Vicky Sun Pty Ltd offers a standard 12-month warranty for most Products. Please be advised, we gave the one year warranty for the lights not working in normal condition. The one-year warranty is not included broken wire and rust on the lights or any modification to the products. If the wire was broken (not caused by an external force) when you received them, that belongs to Dead On Arrival Products - "DOA", and the claim must be notified to us within 7 days of delivery. If a customer believes that the product has not given them the value expected within the year after purchase, please contact Customer Service for assistance. Vicky Sun Pty Ltd will then determine whether to provide a replacement.

Where claims are made more than 90 days after delivery, we will need full details about how the LD Product has been used, and it may be necessary for us to make further inquiries.

When a claim for an LD is made, a Vicky Sun Pty Ltd Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD, we will make arrangements with you for the return of the Product and provide repair service or a replacement, or a refund.

Where Vicky Sun Pty Ltd has provisionally determined that a Product is LD and the claim has been notified to us after 30 days of delivery, return shipping will be arranged at the expense of the buyer.

If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty, Vicky Sun Pty Ltd may refuse to repair, replace or refund the Product.

Where a refund is given for an LD product, it may be given as a Store Credit to Your Account.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same warranty as the returned Product.

Return Merchandise Authorization (RMA) number or Order Number - A Must Have

A Return Merchandise Authorization (RMA) number or Order Number is required for replacement Products, refunds, or store credits.

Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with an RMA number. Products can not be returned without an RMA number or Order Number. The Product should be returned to Vicky Sun Pty Ltd within 14 calendar days of the issuance of the RMA. All Products must be packed in the original, unmarked packaging, including any accessories, manuals, documentation and registration shipped with the Product.

Organizing the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

Where you received a DOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing an RMA number which you must affix to the Product. You must then leave the Product at any Australia Post Office.

Where you receive a DOA Product from our courier service, we will make arrangements with our courier service for the collection of the Product and will notify you when they will collect the Product from you.

How to Return Merchandise

  • If you need to return an item, simply login to your account, view the order using the "Completed Orders" link under the "Manage Your Account" menu and click the "Return Item(s)" button. We'll notify you via e-mail of your refund once we've received and processed the returned item.
  • Or you can contact us directly
  • Place the original package inside another shipping carton, along with the RMA number or order number marked on the package.
  • The Product should be returned to Vicky Sun Pty Ltd within 14 calendar days of the date you notify us.
  • Freight collection or COD returns will not be accepted.
  • Return the package to:

VICKY SUN PTY LTD 
10 Rose Crescent
Regents Park, NSW 2143
Australia

When a Replacement Product is arranged:

  • A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
  • The delivery time for the replacement Product will be the same as stated for the original DOA Product.
  • Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Refund is arranged:

  • Refunds the costs for the DOA or DSAA Product. Postage is not refundable.
  • No refund will be given to you until Vicky Sun Pty Ltd has received the DOA or DSAA Product from you.
  • Refunds will be issued by the same payment method as you paid for that product.

NON-DEFECTIVE returns

  • All NON-DEFECTIVE returns are subject to a 15% restocking fee.
  • Buyers need to pay the 15% restocking fee and the postage fees for both ways to get the item back.
  • No replacement and no refund are provided for NON-DEFECTIVE returned items that cannot be returned due to a change of mind.

Some Products - Manufacturer-Only Warranty

Some Products sold through Vicky Sun Pty Ltd are serviced and supported exclusively by their manufacturer in accordance with the warranty information provided on the listing.

For items advertised and sold with a manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Vicky Sun Pty Ltd will repair or replace the DEFECTIVE part of the product.

Warranty and Disclaimer of Products

There are no express warranties that extend beyond the description on the face hereof.

SELLER DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. Since Vicky Sun Pty Ltd cannot control the manner of use of products after their sale, Vicky Sun Pty Ltd will not be responsible for any consequential or indirect damages. No warranties will apply if the products are in any way altered or modified after delivery by Vicky Sun Pty Ltd.

Our Liability

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Vicky Sun Pty Ltd Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Vicky Sun Pty Ltd Products, you should indicate your non-agreement in the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written requests. Please refer to our Privacy Statement. 

General

You shall not assign any rights and obligations under these Terms and Conditions, whether in whole or in part, without the prior written consent of Vicky Sun Pty Ltd. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Vicky Sun Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Vicky Sun Pty Ltd, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Vicky Sun Pty Ltd reserves the right to change the Terms and Conditions of the sale at any time.

No Vicky Sun Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

Vicky Sun P/L shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Vicky Sun P/L, and Vicky Sun P/L shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.