Terms of use
These are the rules that apply when you browse this site and when you buy from it. We have kept them shorter than most and put the plain-English version first, because terms nobody reads protect nobody.
The short version
Not a substitute for the clausesEight things worth knowing before the formal wording. Where this summary and a clause differ, the clause governs — so each one points at where to check.
To browse the site and to order from it. We cancel orders where we believe the buyer is under 18.
Clause 03Your order is an offer, not yet a contract.The contract forms when we send the confirmation email. If we decline, nothing is charged.
Clause 04The price you see is the price you pay.GST included, shipping shown in full before payment, and no fee that appears for the first time at checkout.
Clause 06Parcels and statements stay neutral.Plain outer packaging, no invoice inside, a neutral sender name and card descriptor — both confirmed at checkout rather than published here.
Clause 07Faulty, damaged or not as described is on us.Contact us within 14 days. Change of mind on intimate products cannot be accepted, for hygiene reasons.
Clause 10Your review stays yours.We publish it for the purpose you agreed to, and ask again before using it for anything else.
Clause 12The liability limits have a floor.They never touch your consumer guarantees, or our liability for negligence causing injury, or for fraud.
Clause 15You can always go elsewhere with a complaint.Our process is not a precondition. The ACCC and state fair trading offices remain open to you.
Your rights come first
Nothing on this page limits the consumer guarantees you have under the Australian Consumer Law, and nothing on it excludes liability that cannot lawfully be excluded. Where these Terms and the law disagree, the law wins. The parts of these Terms that remain unaffected still apply.
The Terms
19 clausesThe Gadget Bar Pty Ltd (ABN 52 686 956 258), trading as Vibe On (“we”, “us”, “our”), operates an online store at vibeon.com.au (the “Website”) selling adult toys and related products. These Terms of Use (“Terms”) govern your use of the Website and your purchase of products from it. By accessing the Website or placing an order you agree to be bound by these Terms. If you do not agree, please do not use the Website.
You must be at least 18 years old to use the Website or purchase our products. By accessing the Website or placing an order you confirm that you are 18 or older. We may cancel any order where we have reason to believe the purchaser is under 18.
These Terms are governed by the laws of Australia, including the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth). Any dispute is subject to the exclusive jurisdiction of Australian courts.
We may update these Terms from time to time. The current version is always published on this page with the date it was last revised, and the version in force when you place an order is the version that applies to that order. Continued use of the Website after a change constitutes acceptance of the updated Terms.
We may modify, suspend or withdraw the Website or any part of it — for maintenance, updates or to address a security concern. Where a change is planned we will give notice if we reasonably can.
You agree to use the Website for lawful purposes only, and in a way that does not infringe the rights of others or restrict their use and enjoyment of it.
You must not attempt to gain unauthorised access to the Website or its systems, scrape or harvest data from it, introduce malicious code, or otherwise interfere with how it works for other people.
We may suspend or terminate your access to the Website if you breach these Terms or where we reasonably suspect fraudulent or unauthorised activity.
Product descriptions, specifications and prices may change without notice. We take care to be accurate but do not warrant that every image, description or price on the Website is free of error. Where an obvious error affects an order you have placed, we will contact you before charging you and you may cancel.
Placing an order is an offer to purchase. We may accept or decline it — for example where a product is out of stock, where a pricing error has occurred, or for fraud prevention.
A binding contract is formed when we send you an order confirmation email. If we decline an order, any amount authorised or captured is released or refunded in full.
All prices are in Australian Dollars and include GST where applicable. Certain therapeutic goods are GST-exempt and are priced accordingly.
Payments are processed by Stripe. You agree to provide accurate and valid payment details and confirm you are authorised to use the payment method presented.
Shipping charges are calculated and shown in full before the payment step, and no fee appears for the first time at checkout. Current shipping charges and thresholds are set out in our Shipping Policy.
We are not responsible for currency conversion fees or other charges imposed by your own bank or payment provider.
We ship to addresses within Australia only.
Delivery times quoted on the Website are estimates. We are not liable for delays caused by a delivery partner or by events outside our reasonable control, though we will help you pursue them.
Risk of loss or damage passes to you on delivery to the address you supplied.
If your order is damaged or lost in transit, contact us within 7 days of the estimated delivery date so we can begin a claim. Our Returns & Refunds policy sets out what happens next.
The nature of what we sell means discretion is part of the product. All orders are dispatched in plain, unmarked outer packaging with nothing on the exterior that indicates the contents or our trading name, and no invoice is enclosed.
Parcels carry a neutral sender name so they can be returned if they cannot be delivered, and card statements show a neutral descriptor. We do not publish either wording on this page — a name printed on a public page stops being discreet. Both are confirmed to you at checkout and in your order confirmation.
Our Discreet Packaging page describes in detail what does and does not appear on a parcel.
Under the Australian Consumer Law you are entitled to a refund, repair or replacement where a product is faulty, not of acceptable quality, not fit for purpose, or does not match its description. For a major failure the choice between a refund and a replacement is yours.
For hygiene and safety reasons we do not accept change-of-mind returns on intimate products, and the Australian Consumer Law does not require us to. Where a change-of-mind return is accepted in exceptional circumstances the product must be unopened and in its original packaging, with return postage at your cost. That condition does not apply to a faulty, damaged or incorrect product.
To start a return, contact us within 14 days of delivery with your order number and details of the issue. Please wait for our reply before posting anything back.
Approved refunds are processed through Stripe to the original payment method within 7 business days of us receiving and inspecting the product. Return shipping is at our cost where the product is faulty, damaged or not as described.
Our products come with guarantees under the Australian Consumer Law that cannot be excluded. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage.
These guarantees are in addition to any manufacturer warranty supplied with a product.
For a minor failure we may choose between a repair, a replacement and a refund, as the Australian Consumer Law allows.
All content on the Website — text, photography, illustration, logos, layout and design — is owned by or licensed to us and protected by Australian and international copyright and intellectual property law.
You may not reproduce, distribute, modify or create derivative works from our content without our prior written consent. Ordinary personal use, such as sharing a product link, is fine.
You may submit reviews, photographs, questions or other material to the Website. We will not use or share what you submit beyond the purpose you agreed to at the time — a product review, a competition entry, or another activity described when you submitted it.
For that purpose you grant us a non-exclusive, royalty-free licence to publish and display the content on the Website. The licence is limited to the scope of your consent, and we will ask again before using your content for anything else.
By submitting content you confirm that:
- you own it, or otherwise have the right to submit it;
- it is accurate and lawful, and does not infringe anyone’s copyright, trade mark or privacy;
- it contains no viruses or malicious code, and nothing defamatory, obscene, threatening or abusive;
- it contains no image or description of a person under 18.
We may review, edit or remove submitted content that breaches these Terms. You agree to indemnify us against claims, damages and losses arising from content you submitted in breach of this clause.
We use checks to detect and prevent fraudulent activity, including unauthorised purchases and account misuse.
Where we reasonably suspect fraud we may share relevant details with fraud prevention agencies or payment providers. What we share and why is set out in our Privacy Policy.
We may cancel an order, suspend an account, or block access to the Website where we reasonably suspect fraudulent activity. Where we cancel a legitimate order in error, we refund it in full.
Nothing in this clause applies to liability that cannot lawfully be limited — in particular our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or under the consumer guarantees and other non-excludable statutory rights. Read the rest of this clause as subject to that.
Subject to the above, and to the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss arising from your use of the Website or our products, including loss of profits, data or goodwill.
Where we are liable for a breach of a consumer guarantee in relation to goods, our liability is limited to replacing the goods, repairing them, supplying equivalent goods, or refunding the price — at our election, and only where limitation of that liability is permitted by the Australian Consumer Law.
We do not warrant that the Website will be uninterrupted, error-free or free of harmful components, and we are not liable for loss caused by your reliance on Website content, by unauthorised access to your account resulting from your own login details being disclosed, or by third-party websites linked from ours.
Your use of the Website is subject to our Privacy Policy, which explains what personal information we collect, why, how long we keep it and who it is shared with.
We use cookies and similar technologies to operate the Website and understand how it is used. The Privacy Policy sets out which ones and how to refuse them.
Requests to access, correct or delete your personal information go to privacy@vibeon.com.au.
We may suspend or terminate your access to the Website where you breach these Terms or engage in fraudulent activity.
On termination your right to use the Website ends, but any order already accepted stands: we will fulfil it, or refund it, and obligations already incurred by either of us remain binding.
If something has gone wrong, write to support@vibeon.com.au. We will acknowledge your complaint and work with you in good faith to resolve it within a reasonable time.
If we cannot resolve it between us, you may take the matter to a consumer protection body such as the Australian Competition and Consumer Commission or your state or territory fair trading office. Nothing in these Terms requires you to exhaust our process first, and nothing in them prevents you going to court.
We are not liable for a failure or delay in meeting our obligations where it results from an event outside our reasonable control — industrial action by third parties, civil unrest, an act of terrorism, war, fire, explosion, storm, flood, earthquake, epidemic or pandemic, or another natural disaster.
If such an event affects an order:
- we will tell you as soon as we reasonably can;
- our obligations are suspended and the time for performance extended for the duration of the event;
- where delivery is affected, we will arrange a new delivery date with you once it has passed;
- you may cancel the order by contacting us, and we will refund everything paid including delivery. If the product has already reached you, return it at our expense.
The Website may link to third-party sites for convenience. We do not control them and are not responsible for their content, accuracy, availability or privacy practices, and a link is not an endorsement.
You use those sites at your own risk. We suggest reading their terms and privacy policies first.
We may transfer our rights and obligations under these Terms to another entity. Doing so will not reduce your rights or our obligations to you, and we will tell you if it happens.
You may not transfer your rights or obligations under these Terms without our written consent.
Each clause operates independently. If any clause is found unlawful or unenforceable, the remaining clauses continue in full force.
A failure to enforce a right or provision is not a waiver of it unless we say so in writing.
These Terms, together with our Privacy Policy, Shipping Policy, Returns & Refunds policy and the Price Integrity Promise, form the entire agreement between you and us about your use of the Website, and supersede any earlier agreement or representation on the same subject.
Nothing in this clause limits liability for anything we told you fraudulently.
Questions about these Terms, or a complaint to raise: support@vibeon.com.au. Privacy and data-access requests go to privacy@vibeon.com.au. Nothing here limits your rights under the Australian Consumer Law.