TERMS & CONDITIONS

About our website

Your use of this website and purchase of products from Vivid Ice Baths Pty Ltd is subject to these terms and conditions. If you do not accept these terms and conditions, you must refrain from making a purchase from Vivid Ice Baths. By purchasing from Vivid Ice Baths , you acknowledge and agree to these terms and conditions. These terms and conditions form the Terms of Agreement for trading between Vivid Ice Baths Pty Ltd – ACN 665 365 837 , and you. Vivid Ice Baths Pty Ltd is not liable to you or any other person for any loss in connection with the use of this website or a linked website. The general disclaimer is not restricted or modified by any of the following specific warnings or disclaimers. Please read the full terms and conditions prior to purchasing from Vivid Ice Baths. 

Use of www.VividIceBaths.com.au website

By accessing or using this website, you accept these terms and conditions and agree to be bound by them, and an agreement is formed between you and Vivid Ice Baths. You will not violate or attempt to violate the security of the website. You will not hack into the website, Vivid Ice Bath’s computer systems or the computer systems of other users on the website. Hacking means unauthorized access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website. You acknowledge and agree that Wellness Technology Australia Pty Ltd may use your personal information in accordance with the Vivid Ice Baths Privacy Policy. 

Refunds

We currently offer two products on our website for sale, the chiller unit & inflatable ice bath tub. For both of these products, we offer a 14 day return & refund period.  

If within 14 days you wish to return your ice bath tub or chiller unit, you will be able to do so for a full refund, less shipping costs. This is for reasons including & limited to:

- Product was not as you expected
- Product was damaged on arrival
- Product was faulty or not functioning correctly on arrival
 

In order for us to be able to accept your returned goods they must be:
- Unused
- In as new condition, complete with original packaging
- Shipped back to us and receipt for shipping provided to Vivid Ice Baths within 14 days from original sale

If you wish to return an item which you have purchased, please e-mail info@vividicebaths.com.au 

Website content

Our website contains a range of information about our products and stores. We endeavor to ensure that the information on the website is accurate. Photographs are for illustrative purposes only and may vary from goods depicted or described. Colors of Product may vary slightly from those displayed by Your computer monitor. International visitors to this website should rely on information contained in this website based on your IP address. To the extent permitted by law we do not warrant as to the accuracy, adequacy of, or completeness of, any information contained on this website and exclude liability for purchase decisions made on the basis of information included or excluded from this website. We are free to change the content of the website and any product may be withdrawn at any time, without notice. In the event you believe we have made a mistake please contact us at info@vividicebaths.com.au 

Terms and conditions of sale

Prices are subject to change and may also vary depending on the payment method chosen. Vivid Ice Baths does not take responsibility for any additional charges involved in your payment method, such as additional credit card fees or interest charges. 

Orders

A contract for the sale and supply of products may be entered between you and Vivid Ice Baths Pty Ltd by you making an offer via the website to purchase a product at the price advertised on the website by:

– placing an electronic order for the products using the website

– confirming the order details in accordance with the procedure on the website

– making a payment in full on the website

– the acceptance of your order by Vivid Ice Baths Pty Ltd 

The order will be confirmed only when:

– any requirements set out in these terms have been met

– the electronic instruction containing the offer from you enters and is recorded in our database,

– a record is created and stored in our database

– Vivid Ice Baths Pty Ltd receives in its account full payment from you for the product (including any applicable delivery and handling charges) and a confirmation of that payment is received in our database. 

Shipping Costs

Vivid Ice Baths Pty Ltd commits to providing free shipping to all it’s Australia customers to any Australian postcode.  If you wish to purchase a product outside of Australia, please contact us at info@vividicebaths.com.au so that we can obtain a customized shipping quotation for you. 

Excuse for Delay or Failure to Perform. 

Vivid Ice Baths  will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of Vivid Ice Baths or its suppliers. If Vivid Ice Baths in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Vivid product at the time specified or within one month after the date of this Agreement, then Vivid Ice Baths will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.

Payments Options

Payment must be made at the time of submitting your order online through our website. Our current online payment platform is PayPal.  Please refer to your PayPal account for current accepted payment methods. 

If paying by credit card, you warrant that you are an authorized used of the credit card used to complete payment. 

Paypal processes online credit card transactions for thousands of merchants, providing a safe and secure means of collecting payments via the internet. All online credit card transactions performed on this site using Paypal are secure payments, fully automated. Your complete credit card number cannot be viewed by Vivid Ice Baths or any outside party. For more information about Paypal please visit www.paypal.com for terms & conditions.  

Payments Terms

The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third-party website providers or systems.

To the extent permitted by law,  Vivid Ice Baths Pty Ltd is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.

We may act on, and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you and we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions.

To the extent permitted by law, Vivid Ice Baths Pty Ltd will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or other method of payment is fraudulently used or is used in an unauthorized manner.

Order confirmation

All purchase orders are subject to confirmation and acceptance by Vivid Ice Baths Pty Ltd. We will email you confirmation of the receipt of your purchase first and acceptance of your purchase order will be sent upon receipt of payment in our database.  If you have any questions regarding your order, you may contact our customer service on info@vividicebaths.com.au 

Vivid Ice Baths Pty Ld may reject your purchase order, and refund any payment made by you, at any time prior to your receipt of our acceptance of your purchase order. If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. 

Vivid Ice Baths Pty Ltd may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order. 

Risk and Title

Risk and title in the product will pass to you when the product arrives at your property.

Vivid Ice Baths Pty Ltd checks each product thoroughly before it leaves our warehouse or store, and we keep a digital record of the condition of the product prior to dispatch.

Vivid Ice Baths may not take any responsibility for damage, loss or other event which may occur after the item leaves our warehouse or store. 

Installment of The Tub

Our tubs are very easy to set up and all of the set up can be done by you without the need for professional support. It only takes 15 minutes! 

Damaged products

If any product ordered by you arrives damaged or is not of acceptable quality, you may have legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or to have the product repaired or replaced or to receive a refund of the price paid by you for the product. 

You are entitled to a replacement for a major failure, or to have the goods repaired or replaced if the goods fail to be of acceptable quality but the failure does not amount to a major failure.

We recommend you retain your receipt as we may require proof of purchase. For all warranty returns, please contact us directly and we will be able to advise you whether a refund, exchange, repair or replacement is available. 

If your Order arrives damaged, please contact customer service at info@vividicebaths.com.au to make a claim.  

Pool Compliances

Vivid Ice Baths is a manufacturer and supplier of ice baths systems, pools and accessories and delivers worldwide.

Pool safety laws apply to all our products. It is the responsibility of the end user to contact their local authorities of their country or region to be aware of the latest requirements in regard to pool safety regulations, filtration, sanitization, certificates and installations. 

Standard One Year Warranty – Overview

Vivid Ice Baths Pty Ltd products are covered by a standard One Year Warranty. Vivid Ice Baths warrants that it will repair or replace any product manufactured or supplied by it that become defective within the terms of this warranty within one year of the date of delivery.
In the case of commercial use of any of our products, our one year warranty period is reduced to a period of 6 months. For all Vivid Ice Bath products the warranty commences on the date of delivery. 

Proof

Proof of the purchase date and that the claimant is the original purchaser may be required. In addition, Vivid Ice Baths reserves the right to request the return to Vivid Ice Baths of any component replaced under warranty, or alternatively, proof that the faulty component was actually disposed of or destroyed.

Right to repair or replace the product

Vivid Ice Baths reserves the right to replace the product or relevant part of the product with the same or equivalent product or part rather than repair it.

Separate warranty on replaced components

Where defective parts are replaced with new parts, the new part will carry a separate one-year warranty from the date of replacement, however this does not restart the original standard warranty. The remaining period of the original warranty remains in force even after any repair or replacement carried out under this standard warranty.

Response time & place of repair work

Vivid Ice Baths undertakes to approve and provide repair work promptly, however we will not accept responsibility for any costs whatsoever in regard to any repair work or transport costs that were not specifically approved by Vivid Ice Baths prior to any such work or transport taking place.

At its discretion, Vivid Ice Baths may either repair the product at the premises of the owner of the product, or if the repair is beyond the scope of a local repair agent, Vivid Ice Baths may request that the product be shipped back to its factory for a more thorough and comprehensive examination and repair. Where Vivid Ice baths determines that the repair needs to be carried out at its factory, Vivid Ice Baths will be responsible for the cost of land transport or sea transport so long as that transport is arranged by or approved by Vivid Ice Baths. If the owner directs Vivid Ice Baths to use airfreight or express courier services, then the cost of transport will be the responsibility of the owner. Furthermore, Vivid Ice Baths will not be responsible for freight services arranged without its consent.

Local repair service provider conditions

The warranty work may be carried out either by a competent repair service provider engaged by Vivid Ice Baths or by Vivid Ice Baths itself. Vivid Ice Baths will not pay for work carried out by any local repair service provider that is not appointed by Vivid Ice Baths directly unless we receive and approve the repair service provider’s quote in advance of the work commencing. Work carried out without Vivid Ice Bath’s written approval is not covered.

Monetary limitation

Vivid Ice Bath’s maximum aggregate liability in respect of all claims under this standard warranty shall not exceed the original purchase price of the product.

This warranty does not cover…

1. Transport damage.
2. Loss caused by normal wear and tear or      neglect.
3. Loss caused by fire, flood or rainwater,      theft, vermin or insect infestation or unreasonable outdoor exposure.
4. Damage caused due to the product not      being reasonably installed, operated, maintained or used in accordance      with the manufacturer’s instructions and specifications.
5. Damage caused by unauthorized      alterations, accident, misuse, abuse, use of an incorrect voltage, power      surges, thunderstorm activity,
       tampering and unauthorized repairs, or exposure to abnormally corrosive      conditions.
6. Damage caused by the incorrect use of      corrosive chemicals in the pool water, unless the Vivid Ice Baths product is      certified for use with such corrosive chemicals, in which case this will      be clearly stated in the instruction book supplied with the product,      otherwise corrosive chemicals must be avoided.
7. Damage caused by water or other liquids      entering the electrical or electronics of the product through negligence.
8. Damage caused by severely overheating the      product due to negligence, such as covering the product’s fans or heat      exchanging surfaces with towels, clothing, or other objects, or operating      the system too close to a wall.
9. Consumable items such as filters, water      hoses, seals and pool covers.

This warranty excludes all other warranties, conditions, terms, representations, and undertakings whether express or implied.

Safety Warnings

SERIOUS INJURY OR DEATH COULD OCCUR IF THESE PRECAUTIONS ARE NOT OBSERVED.

- Consult with your doctor or corresponding health advisor before use.

- Do not enter the ice bath without supervision or if under the age of 18. Submerging your head must be done at your own risk and under supervision.

- Make sure a bath matt is placed before stepping in and out of ice bath to prevent slipping.

- DO NOT overfill the tub. The ice bath tub is weatherproof but water overflow could result in damages, electrical danger and slippery floors.

- Make sure all electrical connections are correctly connected.

- DO NOT use Ice bath if damages are showing anywhere in the system.

- Make sure all water hose connections are properly locked in with split pins.

- DO NOT run the ice bath before the water has filled the system completely (5 minutes after tub is full).

- Make sure the extension lead being used has an earth on the plug.

- Ensure the Cover is securely fastened and secured when not in use.

DO NOT REMOVE THIS LABEL. REPLACE IF DAMAGED.

ELECTRICITY IS DANGEROUS, IN ORDER TO PREVENT ACCIDENTS, PLEASE PAY ATTENTION TO SAFETY INFORMATOIN

1. PLEASE ENSURE THE ELECTRICITY IS SUITABLE      FOR THIS MACHINE BEFORE USING IT.
2. PLEASE MAKE SURE THE AC SOCKET IS      PROPERLY GROUNDED. USING A WATERPROOF SOCKET IS REQUIRED IF THIS MACHINE      IS INSTALLED OUTDOORS. DRY YOUR HANDS BEFORE OPERATING THE PLUG.
3. PLEASE NEVER PUT THIS MACHINE INTO THE      WATER OR SPRAY THE MACHINE WITH WATER. IT IS BEST TO HAVE A SHADE ON TOP      OUTDOOR.
4. ALTHOUGH THIS MACHINE HAS PASSED THE SAFETY      TEST, WE NEVER RECOMMEND KEEPING THE MACHINE ON WHILE TAKING A BATH       IF YOU ARE NOT SURE THE AC SOCKET IS PROPERLY GROUNDED.
5. KEEP THE CHILDREN AWAY FROM THE MACHINE      IN USE.
6. PLEASE KEEP THE ENVIRONMENT VENTILATED,      THE MAX ALLOWABLE AMBIENT TEMPERATURE 45 DEGREES CELSIUS. DON'T COVER OR      BLOCK THE FAN WHEN IN USE.

 
Limitation of liability

Subject to the extent permitted by the Australian Consumer Law and the relevant state legislation, in no event shall Vivid Ice Baths Pty Ltd be liable for any other claims, injuries, or damages including, but not limited to, claims for faulty design, negligent or misleading advice, loss of profits, revenue or business, damages arising from loss or use of the product, and any indirect, special or consequential damages or injury to any person, corporation or other entity. 

Vivid Ice Bath products are not designed to be a protection or treatment for injury. They are not a toy and not designed to be used by children. Children should not be left in or near the Products without supervision due to the risk of drowning that could occur even in very shallow water as well as other injuries including slip and fall where surfaces are wet. 

You must carefully read and strictly follow the safety and care instructions available on our website, or provided with our Product in the form of Safety Instructions or a Safety Warning Sticker to prevent injury or death. If the product is damaged, it should not be used.

This single page document embodies the terms and conditions of the Vivid Ice Baths Pty Ltd Standard Product Warranty. This warranty does not supersede any other remedy provided by law in the country where the Vivid Ice Baths product was purchased. This warranty is in addition to remedies provided by local laws and regulations.

No Substitute for Medical Advice

Vivid Ice Baths does not make any representations that is a medical professional or that any benefits from using the Vivid Tub will provide any health benefits of improvements. Please consult with a medical professional before use of the vivid tub to understand if it is the right fit for you.
 

Warning Label

You understand that each Vivid Tub comes with a Warning Label on the unit and it is your responsibility to read it carefully and ensure you understand the risks of using the Vivid Tub. If you are using the Vivid Tub for commercial purposes or having other third-parties in the tub, you should bring the warning to their attention before use.