Terms & Conditions
Thank you for visiting BellaVita Luxury. Please take a moment to read these Terms and Conditions ("Terms") carefully before using our Site. This Site is operated by BellaVita Luxury, a company registered in Australia with its registered office at 6 Hunt Club Road Narre Warren South VIC 3805 Australia, Company Number: 680 355 088, and ABN:.
These Terms (along with any documents referred to in them) set out the rules for using our Site, whether you are visiting as a guest or a registered user. This includes accessing, browsing, or registering on the Site.
By using our Site, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, please do not use our Site.
You may use our Site freely without the need to sign in or create an account.
1. ADDITIONAL POLICIES THAT APPLY
These Terms refer to the following additional policies, which also apply when you use our Site:
- 1.1. Our Privacy Policy, available at bellavitaluxury.au. These policies explain how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles. By using our Site, you consent to this processing and confirm that all data provided by you is accurate.
- 1.2. Our Refund and Return Policy, available at bellavitaluxury.au, outlines the terms and conditions under which products may be returned and refunds processed. All returns and refunds are subject to the provisions set out in that policy and your rights under the Australian Consumer Law.
2. CHANGES TO THESE TERMS
We may revise these Terms from time to time. Please check this page regularly to stay informed of any updates, as the revised Terms are binding on you. By continuing to use our Site after any changes have been made, you confirm your acceptance of the updated Terms. If you do not agree with the changes, you should stop using our Site immediately.
3. CHANGES TO OUR SITE
We may update and make changes to our Site and its content at any time without prior notice. While we aim to keep the information accurate and current, please note that any part of the Site may be outdated at any given time, and we are under no obligation to update it. We do not guarantee that the Site or any of its content will be free from errors or omissions. You acknowledge that updates or changes may occasionally affect access to our Site or its functionality.
4. ACCESSING OUR SITE
- 4.1. Our Site is made available to you free of charge.
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4.2. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. Access may occasionally be suspended or restricted due to maintenance, updates, or technical issues. We are not responsible for any interruptions caused by factors beyond our control, including but not limited to:
- a) Poor transmission or reception of data via the internet;
- b) External security breaches or viruses;
- c) Faulty reception equipment or communication networks; or
- d) Other internet-related malfunctions affecting the functionality of the Site.
- 4.3. AAccess to the Site is provided on a temporary basis. We may suspend, withdraw, or amend all or any part of the Site without prior notice. We shall not be liable if, for any reason, the Site is unavailable at any time or for any duration.
- 4.4. You are responsible for ensuring that you have all necessary arrangements and equipment to access the Site. We do not guarantee that the Site is compatible with your hardware or software, or that it is free from harmful components such as viruses, worms, or Trojan horses. We are not liable for any damage or loss caused by such technical threats.
- 4.5. You are also responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms and any other applicable terms, and that they comply with them.
5. ELIGIBILITY
- 5.1. You must be at least 13 years of age to access or use our Services. If you are under 18 years of age, you may only use the Site and our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- 5.2. If you are a parent or legal guardian and allow your minor child to use our Services, you agree to be fully responsible for their activity on the Site, including any purchases, user content, or violations of these Terms.
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5.3. If you are using the Site or Services on behalf of another person or organisation:
- a) All references to "you" or "your" will include that person or entity;
- b) You confirm that you are authorised to agree to these Terms on their behalf;
- c) You and the entity you represent agree to be jointly and fully responsible for any violations of these Terms.
6. USER ACCOUNTS AND ACCOUNT SECURITY
- 6.1. To access certain features or services on our website, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information, and to update your account details promptly if there are any changes.
- 6.2. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. If you suspect any unauthorised use of your account or a breach of security, you must notify us immediately at care@bellavitaluxury.au.
- 6.3. If you allow others to use your account, you remain fully responsible for their actions taken through your account.
- 6.4. We reserve the right to reclaim or restrict usernames at our discretion, including where such usernames infringe on trademark or intellectual property rights of individuals or businesses.
7. USER CONTENT
- 7.1. Our Services may allow you and other users to submit, post, upload, store, or share content—including messages, reviews, text, photos, videos, and other materials (collectively, "User Content").
- 7.2. Except for the limited licence granted below, you retain all ownership rights in your User Content.
- 7.3. By submitting or sharing User Content through our website or our related platforms, you grant us, along with our current and future affiliates and subsidiaries, a non-exclusive, worldwide, royaltyfree, sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform your User Content—including any associated name, username, or likeness—in any media format or channel now known or later developed, for the purpose of operating and promoting our Services.
- 7.4. When you post or submit User Content, you acknowledge that such content (and any public-facing information like your first name or profile image) may be visible to other users of the Site and our marketing channels.
- 7.5. You agree not to upload, post, or share any User Content that violates these Terms or the rights of any third party. You represent and warrant that you have all necessary rights to your User Content, and that our use of it under these Terms will not infringe or violate the rights of any person or entity.
- 7.6. Although we are not obligated to screen or monitor User Content, we reserve the right to remove, edit, or disable access to any content at any time and for any reason, with or without notice.
- 7.7. This Section does not affect your data protection rights; it is only about your intellectual property rights.
8. BROWSING SESSION INFORMATION
- 8.1. We use various technologies to monitor and record your interactions with our Site. These may include session replay tools, which capture details of your browsing activity, chat providers that store transcripts of your conversations, and cookies, pixels, and similar tracking technologies that help us understand how you engage with our content.
- 8.2. We collect this information to improve site functionality, support customer service, enhance security, detect fraud, and personalise your experience. We may also use this data for analytics and marketing purposes.
- 8.3. Your interactions with our Site may be collected and shared in accordance with our Privacy Policy and applicable privacy laws, including the Privacy Act 1988 (Cth).
9. PROHIBITED CONTENT AND CONDUCT
9.1. You agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct while accessing or using our Services and agree not to violate any applicable law, contract, intellectual property right, or the rights of others.
9.2. You must not, and you agree not to:
- a) Sell, resell, or commercially exploit any part of our Services or Products without our prior written consent;
- b) Engage in harassing, abusive, threatening, stalking, or otherwise harmful conduct;
- c) Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- d) Copy, reproduce, distribute, publicly perform, or display any portion of our Services without prior authorisation;
- e) Modify, alter, or create derivative works of our Services or remove any proprietary notices;
- f) Use our Services for any purpose other than their intended use, including any activity that could disrupt or degrade the experience for other users or damage the functioning of the Site;
- g) Reverse-engineer, decompile, or attempt to extract the source code of our Services;
- h) Use any automated tools or scraping technologies (including bots, data miners, or AI tools) to access, copy, extract, or collect data from our Site or Services;
- i) Develop or use any third-party application that interacts with our Services without express written permission;
- j) Bypass, disable, or interfere with any security or access control features, including instructions in our robots.txt file;
- k) Use our Services in connection with any illegal or unauthorised activity;
- l) Encourage, assist, or enable any third party to do any of the above.
9.3. Additionally, when posting or sharing any User Content, you agree that such content must be non-confidential and lawful, and that you have the necessary rights and permissions to share it.
9.4. You must not post, create, store, or share any User Content that:
- a) Is unlawful, defamatory, libellous, obscene, pornographic, indecent, lewd, suggestive, harassing, abusive, invasive of privacy, threatening, offensive, or otherwise objectionable;
- b) Encourages or instructs others to commit illegal activity or violate the rights of any party;
- c) Infringes any intellectual property or proprietary rights, including copyright, trademark, or trade secret;
- d) Contains false, misleading, or deceptive claims or impersonations;
- e) Contains unsolicited advertising, promotional materials, spam, or political campaigning;
- f) Discloses private or personal information of others without consent;
- g) Includes viruses, malware, corrupted files, or any code intended to damage, disrupt, or compromise the security or functionality of the Site or Services;
- h) In our sole judgment, restricts or inhibits others from using or enjoying the Services, or could expose us or others to harm or liability.
9.5. Enforcement of this section is at our sole discretion. Our decision not to enforce this provision in specific instances does not waive our right to enforce it at any other time. This section does not create a private right of action or any promise of content moderation.
10. OWNERSHIP AND LIMITED LICENCE
10.1. All elements of our Services—including but not limited to text, graphics, images, videos, product visuals, designs, illustrations, and other content—are our property or the property of our licensors, and are protected by intellectual property laws in Australia and internationally.
10.2. Except as expressly stated in these Terms, all rights in and to the Services and their content are reserved by us or our respective licensors.
10.3. Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use our Services solely for your personal, non-commercial use.
10.4. Any other use—including modification, reproduction, distribution, public display, or commercial exploitation—without prior written consent from us is strictly prohibited, will result in termination of this licence, and may constitute a violation of our intellectual property rights.
11. TRADEMARKS
11.1 Our business name, logo, product names, packaging design, slogans, and the overall look and feel of the Site and Services are trademarks or trade dress owned by us. These may not be copied, imitated, or used—in whole or in part—without our prior written permission.
11.2 All other trademarks, registered trademarks, product names, company names, or logos featured on the Site or through our Services are the property of their respective owners. Any reference to such third-party names, products, or services does not imply any affiliation, endorsement, sponsorship, or recommendation by us, unless expressly stated.
12. FEEDBACK
12.1 You may choose to voluntarily submit to us any questions, comments, suggestions, ideas, creative materials, or other feedback related to our business, products, or Services (collectively, "Feedback").
12.2 By providing such Feedback, you acknowledge and agree that:
- a) We may use, reproduce, modify, adapt, publish, translate, or incorporate your Feedback into existing or future products and services;
- b) Such use may be for any purpose, including commercial purposes, and may occur without notice, acknowledgment, or compensation to you;
- c) We are under no obligation to treat your Feedback as confidential or proprietary.
12.3 You understand and agree that any Feedback you provide becomes our property, and we are free to use it at our sole discretion.
13. THIRD-PARTY CONTENT
13.1 Our Services may include or provide access to information, content, products, services, activities, or events offered by third parties (collectively, "Third-Party Content"). We may also allow third parties to make their content available through our Site.
13.2 Such Third-Party Content is provided for your convenience and informational purposes only. We do not control, endorse, or assume responsibility for any Third-Party Content, and we make no guarantees or representations regarding its accuracy, quality, legality, or suitability.
13.3 Your interactions with third parties, including any transactions, communications, or participation in promotions or offerings, are solely between you and the third party. Your access to and use of any Third-Party Content is entirely at your own risk.
14. TERMS OF SALE
14.1 The following Terms of Sale govern purchases made through our website and apply to all orders placed within Australia. By purchasing any products ("Products") via our Services, you agree to be bound by these Terms of Sale. If you do not agree, please do not place an order.
A. Order Eligibility
To place an order, you must provide a valid billing and shipping address located in Australia. Orders cannot be completed without a valid method of payment and delivery address.
B. Product Information, Availability, and Accuracy
- i. Product details are displayed on our Site and are subject to change without notice. While we strive to ensure that all product information is accurate, some content may occasionally be incomplete, out of date, or contain errors (e.g., availability, descriptions, pricing).
- ii. We make every effort to display product images and packaging accurately; however, the appearance of Products on your device screen may vary. Actual packaging may also differ from what is shown online and may include additional or different information.
- iii. Always read all instructions, warnings, and labelling on the Products you receive before use. Do not rely solely on the information displayed on the Site.
C. Purchase Limits and Restrictions
- i. Products sold via our website are intended for personal use only and not for resale. We may limit the quantity of items you can purchase per order, per household, or per customer account.
- ii. We reserve the right to refuse or cancel any order at any time for any reason, including suspected fraud, resale activity, or violation of these Terms.
D. Order Process and Shipment
- i. You will have the opportunity to review and confirm your order during checkout, including shipping details and payment method. After placing your order, you will receive an email confirmation. This email constitutes acceptance of your order and forms a contract between you and us.
- ii. Orders are shipped to the delivery address provided at checkout. Title and risk of loss transfer to you upon delivery to the address you provided. Estimated shipping and delivery dates are not guaranteed. We are not responsible for shipping delays caused by the carrier or events outside our control.
- iii. We reserve the right to cancel or adjust orders in the event of pricing errors, inventory issues, or suspected misuse. If any portion of your order is cancelled, or if we require further verification, we will contact you promptly.
E. Pricing
All prices shown on our Site are in Australian dollars and include GST where applicable. Additional shipping charges may apply and will be displayed at checkout before you confirm payment. Prices and availability are subject to change at any time without notice. Each item will be billed at the price in effect when your order is placed.
F. Payment Terms
- i. We offer several secure payment methods during checkout. By submitting payment details, you represent and warrant that:
- You are the authorised user of the payment method provided;
- The payment information is accurate and complete;
- All charges incurred will be honoured by your payment provider;
- You agree to pay the full amount, including applicable taxes, fees, and shipping costs.
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We must receive payment in full before processing your order. If legal action becomes necessary to collect any outstanding balance, you agree to reimburse us and our representatives for all related costs, including legal fees.
- iii.Refunds, if applicable, will be issued to the original payment method or as store credit, as per your selection and subject to our Refund Policy and the Australian Consumer Law.
15. AUSTRALIAN CONSUMER LAW RIGHTS
IMPORTANT: Your rights under the Australian Consumer Law cannot be excluded and take precedence over these Terms.
15.1. Under the Australian Consumer Law, you have guaranteed rights including:
- a) Consumer Guarantees: Products must be of acceptable quality, fit for purpose, match their description, and come with clear title.
- b) Warranty Rights: You may be entitled to a repair, replacement, or refund if products fail to meet consumer guarantees.
- c) Cooling-off Rights: For certain purchases, you may have the right to cancel within a specified period.
15.2. If you are a consumer under the Australian Consumer Law:
- a) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law;
- b) For major failures with the service, you are entitled to cancel your service contract and obtain a refund, or to receive compensation for the drop in value below the price paid;
- c) You are also entitled to choose a refund or replacement for major failures with goods;
- d) If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
15.3. Nothing in these Terms limits or excludes any guarantee, warranty, or liability under the Australian Consumer Law that cannot be lawfully limited or excluded.
16. GIFT CARD TERMS
16.1 This section applies specifically to the purchase and use of Gift Cards through our Services. By buying or redeeming a Gift Card, you agree to be bound by these Gift Card Terms.
A. Purchase
Gift Cards can only be purchased through our website. A valid email address is required for delivery. Discount codes, promotions, or other offers may not apply to Gift Card purchases.
B. Redemption
Gift Cards may be redeemed only for eligible products sold through our Services. All applicable taxes will be calculated at checkout. If your total exceeds the Gift Card value, the remaining balance must be paid using an accepted payment method. Currently, Gift Cards may only be redeemed byAustralian customers.
C. Expiration & Restrictions
Gift Cards are subject to Australian consumer law regarding gift cards and vouchers. Gift Cards cannot be reloaded, resold, transferred for value, or redeemed for cash—except where required by applicable law. Gift Card balances are non-transferable between customer accounts.
D. Returns & Risk of Loss
If a product purchased using a Gift Card is returned, the refund will be processed in accordance with our Refund Policy and the Australian Consumer Law. Title and risk of loss for Gift Cards pass to the purchaser upon electronic delivery to the recipient. We are not responsible for Gift Cards that are lost, stolen, destroyed, used without authorisation, or undeliverable due to incorrect email entry.
E. Termination of Use
We reserve the right to suspend or terminate your ability to purchase or use Gift Cards if we suspect fraudulent, abusive, or unlawful activity, or if you violate these Terms or any applicable policy, subject to your rights under Australian consumer law.
17. PRIVACY AND DATA PROTECTION
By using our Services, you understand and agree that your personal information may be collected, stored, and processed in Australia and other countries in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). We are committed to protecting your privacy and will handle your personal information in accordance with the Australian Privacy Principles and other applicable privacy laws. For more details about how your data is collected, used, and protected, please review our Privacy Policy.
18. LIMITATION OF LIABILITY
IMPORTANT: This section is subject to the Australian Consumer Law and other applicable consumer protection laws.
18.1. To the extent permitted by law, we exclude all liability for any loss or damage arising from or in connection with:
- a) Your use of our Site or Services;
- b) Any interruption or delay in access to our Site or Services;
- c) Any computer virus or other technologically harmful material that may infect your computer equipment;
- d) Any errors or omissions in our Site or Services.
18.2. However, nothing in these Terms excludes, restricts, or modifies:
- a) Any guarantee, warranty, term, or condition implied by the Australian Consumer Law or other applicable consumer protection laws that cannot be lawfully excluded;
- b) Our liability for death or personal injury caused by our negligence;
- c) Our liability for fraud or fraudulent misrepresentation;
- d) Any other liability that cannot be excluded or limited under applicable law.
18.3. Where the Australian Consumer Law or other applicable consumer protection laws apply and we are permitted to limit our liability, our liability is limited to:
- a) In the case of goods: the replacement of goods or supply of equivalent goods, repair of goods, payment of the cost of replacing or acquiring equivalent goods, or payment of the cost of having goods repaired;
- b) In the case of services: the supply of services again or payment of the cost of having services supplied again.
19. DISPUTE RESOLUTION
19.1. Informal Dispute Resolution
- a) Before initiating formal legal proceedings, you agree to first try to resolve any dispute with us informally and in good faith. To start this process, email us at care@bellavitaluxury.au with a detailed explanation of your concern, including the nature of your claim, the resolution you seek, and any supporting documentation.
- b) Within 30 days of receiving your notice, both parties agree to engage in good faith to resolve the issue.
19.2. Formal Dispute Resolution
- a) If we cannot resolve the dispute informally, you may:
- i. Lodge a complaint with the Australian Competition and Consumer Commission (ACCC);
- ii. Contact your local fair trading office;
- iii. Seek resolution through a recognised alternative dispute resolution scheme;
- iv. Commence legal proceedings in an appropriate court.
- b) Nothing in these Terms prevents you from exercising your rights under Australian consumer law or seeking assistance from Australian consumer protection agencies.
20. GOVERNING LAW AND JURISDICTION
- a) These Terms and any dispute arising out of or related to your use of the Services or Products shall be governed by and construed in accordance with the laws of the State of [INSERT STATE] and the Commonwealth of Australia.
- b) You agree to submit to the non-exclusive jurisdiction of the courts of [INSERT STATE] and the Commonwealth of Australia for the resolution of any disputes.
- c) If you are a consumer under the Australian Consumer Law, you may also bring proceedings in the courts of the state or territory where you reside.
21. MODIFYING AND TERMINATING OUR SERVICES
- a) We reserve the right to change, suspend, or discontinue any part of our Services or Products at any time, with or without notice, subject to your rights under Australian consumer law. You may also stop using our Services at any time.
- b) Except for liability we cannot exclude or limit under these Terms or applicable law, we are not liable for any loss or harm resulting from your inability to access or use the Site or Services.
22. SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of the remaining Terms.
23. MISCELLANEOUS
- a) Failure by us to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Section titles in these Terms are for convenience only and have no legal or contractual effect.
- b) Except as otherwise stated, these Terms are intended for the benefit of you and us and do not create third-party beneficiary rights.
- c) You agree that communications and transactions between you and us may be conducted electronically, including agreements, notices, and disclosures.
- d) We may assign or transfer our rights and obligations under these Terms, including as part of a merger, acquisition, sale of assets, or by operation of law.

