terms of service
PLEASE READ THESE TERMS CAREFULLY
Welcome and thank you for joining www.AnnaVasily.com.au. These Terms govern your use of this Site. If you are not satisfied with the terms contained herein (“Terms”), you may simply refrain from using this Site or cancel your account without obligation.
AnnaVasily provides Site features and other products and services to you when you visit, shop or purchase items from this Site, use AnnaVasily services, access this Site from your mobile devices or use software provided by AnnaVasily in connection with any of the foregoing (collectively ” AnnaVasily Services”). AnnaVasily provides its products and services subject to these Terms.
By using AnnaVasily services, you agree to these conditions. please read them carefully.
ANNAVASILY SITE TERMS
The following terminology applies to these Terms:
“AnnaVasily” means Frezia Pty Ltd.
“User,” “you” and “your” refers to you, the client, member or site visitor.
“Terms” refers to these Terms. “Content” refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
“We”, “us” and “our” refer to AnnaVasily.
By using the Site, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including Australian export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site. We may revise these Terms at any time without notice to you. Revisions will be posted to this page. You agree to be bound by any revisions. If you have any questions about these Terms, please contact our Client Services Department.
You agree that by using the site and registering for an account you are at least 18 years of age or you are visiting the site under the supervision of a parent or guardian and you are legally able to enter into a contract.
If you breach any of the Terms, you are prohibited to continue using the Site.
If you do not agree with any part of these terms you must leave this site immediately.
As a condition of creating an account with AnnaVasily, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
- “Administrative Emails” involve details of account activity and purchases you have made.
- “Promotional Emails” consist of product information, new offers and information about AnnaVasily. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
When you use any AnnaVasily Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other AnnaVasily Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications are in writing.
USE OF THE SITE
Subject to the Terms, AnnaVasily hereby grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable right to access, display and view the Site and the Content for personal, non-commercial use. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by AnnaVasily in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by AnnaVasily in advance and in writing. AnnaVasily reserves the right to refuse service, terminate accounts and/or cancel orders at its discretion, including -without limitation- if AnnaVasily believes that client conduct violates applicable law or is harmful to AnnaVasily’s interests.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the AnnaVasily Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations (“Activities”). You agree to accept responsibility for all Activities that occur under your account and password. AnnaVasily shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the AnnaVasily Services is in compliance with these Terms. You further acknowledge and accept that AnnaVasily shall have no obligation to investigate the authorisation or source of any Account Activities, including purchase activity following a proper log-in to this Site or any AnnaVasily Services, which is defined as a matching and current member sign-in and user password. You shall notify AnnaVasily immediately of any unauthorized access to your Account or any other unauthorized use of any AnnaVasily Services.
You agree that AnnaVasily may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which AnnaVasily believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in AnnaVasily’s sole discretion and that AnnaVasily shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
ACCESS AND REGISTRATION TO ANNAVASILY SITE
Registration to AnnaVasily Site
No Purchase Commitment
As a registered client of AnnaVasily, you’ll be able to choose from a customised selection of home accessories and more that fits your look and style. You may cancel your account at any time by emailing us at firstname.lastname@example.org.
As a registered user of AnnaVasily, you agree to receive emails, newsletters and other communications announcing your monthly suggestions, and promoting any special offer(s), including third-party offers.
As a registered user, you will receive a monthly selection, which you may view when you visit “Your Gallery” that contains the products our designers have chosen for you. At this time, you can order any accessories in “Your Gallery” section, and it will be shipped to you after your credit card payment is successfully processed. Your purchase will be sent according to our Shipping, Return and Refund Policies. You may order additional items throughout the site at their stated price.
Monthly Selection Process (“Your Lovelist”)
As an AnnaVasily client, each month you will receive a set of personalised suggestions in “Your Lovelist”, based on your style and preferences. Each month, the items in “Your Lovelist” may change. Accordingly, AnnaVasily cannot guarantee that a selection available in a particular month will be available in any subsequent month.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively”User Content”) that you submit or post through any AnnaVasily Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to AnnaVasily and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display or use the User Content in any commercial or non-commercial manner whatsoever. AnnaVasily will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. AnnaVasily shall have no obligation to monitor, use or display User Content, compensate you for submitting User Content or respond to any User Content. AnnaVasily retains the right, in its sole discretion and without prior notice to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting User Content, you represent and warrant that the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold AnnaVasily and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Any and all AnnaVasily Services may be used only for lawful purposes and are available only for your personal, non-commercial use, which shall be limited to viewing this Site, purchasing products, providing information to AnnaVasily and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information and are responsible for the consequences of such communications. AnnaVasily specifically prohibits any use of the AnnaVasily Service and requires all users to agree not to use the AnnaVasily Services for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Creating multiple accounts for the same user;
- Accessing data not intended for you or logging on to an AnnaVasily server or account, which you are not authorised to access;
- Engaging in conduct that would constitute a criminal offence, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting or posting material that is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under Australian or any law;
- Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with this Site’s network security or attempting to use this Site’s service to gain unauthorised access to any other computer system;
- Communicating, transmitting or posting material that is in violation of applicable laws or regulations;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of this Site, AnnaVasily’s provision of services to any other visitors to this Site, AnnaVasily hosting provider or AnnaVasily networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site; includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
- You shall not submit any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor the Site or any portion of the Content. You agree to not attempt to “hack” the Site or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any AnnaVasily Service and the arrangement or integration of all such Content, graphics, code and software, are subject to copyrights held by or licensed to AnnaVasily and all rights thereto are specifically reserved. As between you and AnnaVasily, (or any other company whose marks appear on any of the AnnaVasily Services), AnnaVasily (or the respective company) is the owner and/or authorised user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the AnnaVasily Services and is the copyright owner or licensee of the materials and Content contained therein, unless otherwise indicated. The AnnaVasily logos, designs,titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively “AnnaVasily Intellectual Property”) are owned by AnnaVasily and may be registered in Australia and internationally. You agree not to display or use the AnnaVasily Intellectual Property in any manner without AnnaVasily’s prior written permission. Nothing contained on this Site or in any of the AnnaVasily Services should be construed to grant any license or right to use any AnnaVasily Intellectual Property without the prior written consent of AnnaVasily.
Except as otherwise provided herein, use of the AnnaVasily Services does not grant you a license to any Content or features you may access on this Site or via the AnnaVasily Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the AnnaVasily Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by AnnaVasily. If you make use of the AnnaVasily Services, other than as provided herein, in doing so you may violate copyright and other laws of Australia and/or other countries, as well as applicable state laws and you may be subject to liability for such unauthorised use. The information contained in the AnnaVasily Services including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements is protected by law including, but not limited to, copyright law.
PLACING AN ORDER
AnnaVasily will make every effort to supply products you have selected for purchase, however, all orders are subject to AnnaVasily’s acceptance. We will notify you that your request is being processed by sending an order confirmation email to you. 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;
If we cannot process or accept your order after payment is received we will contact you via email or phone.
You agree and acknowledge that, if your offer is accepted by AnnaVasily in accordance with these Terms, AnnaVasily is contracting to arrange for the delivery of the relevant products to your nominated address.
AnnaVasily and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
All orders placed through any AnnaVasily Services are subject to AnnaVasily’s acceptance. This means that AnnaVasily may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled for any reason by AnnaVasily, we will issue you a refund.
To make purchases through the AnnaVasily Services you must submit credit card information. You represent and warrant to AnnaVasily that such information is true and that you are authorised to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorise AnnaVasily to use any updated credit card information submitted by your credit card company directly to AnnaVasily. If you dispute any charges, you must inform AnnaVasily within thirty (30) days upon receipt of AnnaVasily’s invoice. We reserve the right to change AnnaVasily prices, fees or the number of AnnaVasily Points required to purchase items. Your continued use of the AnnaVasily Services after the price change becomes effective constitutes your agreement to pay the changed amount.
If you decide to purchase a product from the Site, you agree to promptly pay the associated fee. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments which will automatically be charged to your saved card, unless you notify us online or through Client Services Department. We accept the following credit cards at this time: VISA and MasterCard and additionally payment with PayPal and AfterPay.
AnnaVasily is required by law to collect sales tax on orders shipped throughout Australia. If your order is shipping to anywhere within Australia, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. AnnaVasily reserves the right to collect sales tax in any other jurisdictions if AnnaVasily believes that such collection is required by law.
USING ANNAVASILY POINTS (discount points)
AnnaVasily Points can be redeemed on all purchases excluding select promotions and shipping, processing fees and taxes. Unused points may be forfeited if you choose to cancel your AnnaVasily account. AnnaVasily reserves the right to change these Terms at our discretion.
- AnnaVasily Points are not refundable or redeemable for cash. They can only be used toward purchasing items on the Site or through the AnnaVasily Services.
- AnnaVasily Points are non-transferrable.
- AnnaVasily Points may be redeemed in multiple transactions. Once you use the AnnaVasily Points, any remaining Points will be automatically credited back to your Account under the “AnnaVasily Point History” section.
Shipping, returns and exchanges
To the maximum extent permitted by law, AnnaVasily makes no warranties, express or implied, with respect to AnnaVasily product or service including, without limitation, any express or implied warranty or merchantability or fitness for a particular purpose. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation or certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your account are subject to the AnnaVasily Shipping, Return and Refund Policies.
Replacement of products and AnnaVasily Points to your account for shipped merchandise claimed as not received, are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.
For information on shipping, please visit our shipping policy page.
RETURNS & EXCHANGE POLICIES
For information on returns, please visit our return policy page.
For information on refunds, please visit our refund policy page
INDEMNITY AND RELEASE
You agree to indemnify and hold AnnaVasily and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the AnnaVasily Site and Services by you or any other person accessing the AnnaVasily Services using your Account; (b) the use of, or connection to, the AnnaVasily Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.
Use of the AnnaVasily Services, any purchases made through the AnnaVasily Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the AnnaVasily Services, AnnaVasily Points, your membership in or purchases through the AnnaVasily Services, and/or your Account, or products purchased via the AnnaVasily Site shall be governed by the laws of Melbourne, Australia without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to AnnaVasily or the AnnaVasily Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and AnnaVasily waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the AnnaVasily Services, your Account, or products purchased through the AnnaVasily Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
Jurisdiction and venue for any dispute shall be in Victoria, Australia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Agreement to Pre-Arbitration Notification
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). AnnaVasily and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorised herein are initiated. In the event of a dispute, the claimant whether you or AnnaVasily shall send a letter to the other side briefly summarising the claim and the request for relief. If AnnaVasily is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Frezia Pty Ltd, 193 Bay Road Sandringham VIC 3191, Australia If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorised herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the AnnaVasily Services, any purchases made through the AnnaVasily Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the AnnaVasily Services, or products purchased through the AnnaVasily Services shall be resolved by final and binding arbitration between you and AnnaVasily.
The arbitration shall take place in Melbourne, Victoria with a mutually agreed arbitrator. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of AnnaVasily’s last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then AnnaVasily will pay you the amount of the award or AUD$350, whichever is greater (in addition to reimbursing you for the base filing fee).
Both you and AnnaVasily waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following: within 15 days of setting up your Account, you must send a letter to Frezia Pty Ltd 193 Bay Road Sandringham VIC 3191, Australia that specifies (a) your name, (b) your account number or account member name, (c) your mailing address, and (d) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms to the contrary, we agree that, if AnnaVasily makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to AnnaVasily’s address), you may reject any such change by sending a letter to AnnaVasily within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
These Terms constitute the entire agreement between you and AnnaVasily and govern your use of the AnnaVasily Services and they supersede any prior agreements between you and AnnaVasily. You also may be subject to additional Terms that are applicable to certain parts of AnnaVasily Services. AnnaVasily may terminate these Terms and deny you access to the AnnaVasily Services at any time, immediately and without notice, if in AnnaVasily’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between AnnaVasily and you as a result of these Terms or your use of the AnnaVasily Services.
The failure of AnnaVasily to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without AnnaVasily’s express written consent. The Terms inure to the benefit of AnnaVasily’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
This manual contains important operating and maintenance information, which should be read, well understood and followed by the end product user. Please read these instructions prior to your first use and keep the manual for future reference.
Product Use and Personal Injury
This is an important safety announcement for all consumers who have purchased an AnnaVasily product.
- Do not use this item in ways other than stated in this section of this manual.
- This product is designed for use indoors and outdoors by adults who are knowledgeable of safe glass usage practices.
- Due to the nature of glass, a breakage may result to a personal injury.
- Be aware when using a warmed up plate, as this may result in burn or injury when in direct contact with the skin.
- Before using the glass product, always inspect it for flaws. If defects are discovered, you should not use it. You should always dispose of flawed glassware.
- If the product is cracked or chipped, we strongly recommend that you dispose of it immediately. Otherwise, it might result in a personal injury.
- Be gentle with your glass dishes. When you stack several glass items together, be careful, because higher weight pressure may result in unstable stacks and breakage.
- When glass products break, special care should be taken in order to reduce the risk of injury:
1. If a product is falling down, let it fall! Trying to catch it during the fall, may injure you. Wear gloves when handling broken glass. Disposal latex gloves are not appropriate.
2. When cleaning broken glass, use mechanical means to clean up the pieces. Tongs or tweezers should be used to pick up large pieces of broken glass. Small loose pieces can be picked up using a vacuum cleaner or a hand broom.
3. Dispose broken glass in a solid, plastic or metal container. Proper disposal ensures that nobody is injured by the disposed broken glass.
4. Be aware of suffocation. When opening the box of your order, take out the bubble wrap and throw it away. Do not wrap it around your face, because this may lead to suffocation. Keep the bubble wrap and all packaging materials away from children.
5. Do not drag such products on table surfaces. It might result in scratching the surface.
6. This product is intended for adult use only.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered and AnnaVasily reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although AnnaVasily has made every effort to display its products and their colours as accurately as possible, the displayed colours of the products depend upon the monitor of the user and AnnaVasily cannot guarantee that the user’s monitor will accurately portray the actual colours of the products. Products displayed may be out-of-stock or discontinued and prices are subject to change. AnnaVasily is not responsible for typographical errors regarding price or any other matter.
For more information on AnnaVasily products and how to take care of them, please visit the Help and FAQ page.