1. De La Vina ABN 71 161 425 341 collects personal information about you when you register to use and/or use the Sayulita application or website. Personal information is any information or opinion about you from which your identity can be ascertained, including your name, email address, telephone number and other information you provide that may assists SAYULITA in conducting its business or meeting its legal obligations.
2. SAYULITA follows the National Privacy Principles (NPPs) set out in the Privacy Act 1988 (Cth) (Privacy Act) when dealing with your personal information. The National Privacy Principles set out minimum standards regarding the collection, use and storage of personal information.
3. Use and Disclosure of personal information
4. SAYULITA may use and disclose your personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
5. For example, SAYULITA collects and holds personal information about you for the purposes of:
5.1. providing you with the SAYULITA Application;
5.2. conducting SAYULITA business;
5.3. customising promotional or advertising material made available via the SAYULITA Application;
5.4. contacting you regarding the SAYULITA Application;
5.5. monitoring your use of the SAYULITA Application; and
5.6. informing you about goods and services that XG thinks might interest you (you may elect not to receive this information). You can elect not to receive information about third party goods or services.
6. In most cases, if you do not provide SAYULITA with requested personal information, SAYULITA may not be able to supply you with full access to the SAYULITA Application.
7. Ordinarily, personal information will only be collected directly from you, and SAYULITA will not use your personal information for purposes unrelated to the SAYULITA Application unless SAYULITA first obtains your consent.
8. If you agree, SAYULITA will collect personal information from you via social networking and other mediums you nominate, such as via a connection with Facebook.
9. SAYULITA will always use fair and lawful means of collecting personal information, and wherever possible, will give you the option of interacting with us anonymously, provided it is practicable and lawful to do so.
10. SAYULITA may disclose your personal information to:
10.1. our related bodies corporate;
10.2. third parties (including merchants listed in the SAYULITA Application) or individuals who assist us in providing the SAYULITA Application, who contribute to the SAYULITA Application or who perform functions on our behalf (such as consultants, agents, lawyers etc); or
10.3. anyone else who you authorise us to make a disclosure to.
11. SAYULITA will not send your personal information to recipients outside of Australia without:
11.1. obtaining your consent (in some cases this consent will be implied by your use of the SAYULITA Application); or
11.2. otherwise complying with the NPPs.
12. SAYULITA does not represent that all third parties who may receive your personal information will have privacy policies equivalent to this one or be subject to the Privacy Act.
13. Storage and Security
13.1. During transmission, SAYULITA cannot guarantee the privacy or security of personal information you submit. However, once received, SAYULITA takes reasonable steps to securely store your personal information and to protect it from loss, misuse or unauthorised access, disclosure or modification. For example, SAYULITA may implement measures to safeguard your information in the form of written privacy policies and physical, electronic or procedural protection. Information is destroyed or permanently de-identified when it is no longer needed for any purpose for which it was collected.
14. Access and Correction
14.1. If you believe that any personal information held by SAYULITA about you is not accurate, complete or up to date please contact SAYULITA. On your request, SAYULITA will give you access to the personal information held about you, except in limited circumstances prescribed by the NPPs. SAYULITA may require you to reasonably identify yourself as part of an access request and may also charge a fee for providing access (which will be limited to the amount of our reasonable expenses incurred in responding to your request.
14.2 More information about Privacy Act and the National Privacy Principles is available from the Federal Privacy Commissioner at http://www.privacy.gov.au. SAYULITA can be contacted by email at firstname.lastname@example.org
All refund rights under both State and Commonwealth law apply.
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Refunds are not however an automatic right. We don’t have to give you a refund if you:
1. change your mind
2. buy the wrong product
3. buy the wrong flavour, size or type
We may still offer refunds in these situations, however this at our discretion and not a legal requirement. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have a product replaced if it fails to be of acceptable quality. If the failure is minor, we reserve our right to offer to replacement only. We reserve the right to not offer a refund or an exchange coupon.
We will provide you with an exchange voucher, refund (refund will be provided using original payment method) or replacement where:
1. The product is not of acceptable quality, or
2. The product is not fit for its intended purpose, or
3. The product does not match the sample or our description; and
You can present a receipt or other adequate proof of purchase. We reserve the right not to offer an exchange voucher, refund or replacement where we deem the product sold to be of acceptable quality.
Proof of Purchase Returns, refunds, exchanges or replacement requests must be accompanied by any one of the following proof of purchase documents:
1. Original mobile app receipt (no photocopies accepted)
2. Original point-of-sale (POS) receipt
3. Financial Statement (i.e bank statement, credit card statement)
You will be asked for information that is relevant to your return or to satisfy legislative requirement. If you do not provide this information, then we may be unable to process your return. When returning products with proof of purchase, you may be asked for your contact information and your signature as authorisation of the return transaction.
SAYULITA is a trading name under De La Vina PTY LTD.
ACN 650 907 369
Suite 7, Level 1, 888 Pittwater Road, Dee Why NSW 2099