Effective Date: 10 May, 2019
Welcome to veldere.com
The terms “you,” “your,” “company,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Services for any reason.
The terms “we,” “us,” “our,” “Veldere,” and “Veldere.com” as used herein, refer to Veldere Pty Ltd whose registered postal address is P.O BOX 100, victoria 3000.
4. Electronic communications When you use Veldere.com or send e-mails, send text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, through social media, or by posting e-mail messages or communications on the website or through the other VELDERE Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Copyrights and other rights The Services, and all content available through the website, are protected by copyright. Unless specified otherwise on the Services or except as permitted by Australian copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without our prior written consent. Any such use of the Service’s content for any purpose not authorised under these Terms is a violation of the copyrights of
VELDERE. Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from in advance. Any such request should be submitted via an email to Law@veldere.com The use of the Services, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill are proprietary to VéLDERE or its licencors. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to VéLDERE or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of VELDERE or the appropriate owner thereof. Other than to the extent necessary to use our Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any VELDERE Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any VELDERE Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any VELDERE Service or its content without our express written consent.
6. Trademarks Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any VELDERE Service are trademarks or trade dress of VELDERE. VELDERE trademarks and trade dress may not be used in connection with any product or service that is not
VELDERE’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits VELDERE. All other trademarks not owned by VELDERE that appear in any VELDERE Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VELDERE. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of VELDERE without our express written consent. You may not use any meta tags or any other “hidden text” utilising VELDERE names or trademarks without our express written consent.
7. Reviews, comments and other communications Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication VELDERE reserves the right to act swiftly to remove such materials for the protection of users and the company and We reserve the right (but not the obligation) to remove or edit such content. If you post content or submit material such as reviews, and unless we indicate otherwise, you grant: (a) VELDERE a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) VELDERE, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to VELDERE, at our request. You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify VELDERE for all claims brought by a third party against VELDERE arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
9. Third parties and third party website The Services may contain hyperlinks to other websites and web-pages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that VELDERE shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Services. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services, or based on such third party’s participation or presence on the Services, are solely between you and the third party. VELDERE makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
10. Customer service policy We are committed to providing our customers and members exceptional customer service as well as offering a diverse range of products for purchase. VELDERE will commit to make sure that all listed products on our website are currently in stock and pricing is true and correct. VELDERE will not be held accountable for errors in pricing due to manufacturer or supplier error (price difference will be refunded or store credit applied for already purchased products at incorrect higher price) or be held responsible for out of stock products not listed numerically correct in stock. We strive on replying to electronic communications in a reasonable time frame and do strive on corresponding within two working hours during weekdays excluding public holidays and weekends. Standard delivery time frames are between 3-8 working days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund or store credit.
11. Orders When an order is placed through Veldere.com, whether by a member or non-member, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms. VELDERE reserves the right to not process or reject your offer to purchase Products for any reason whatsoever, including and not limited to, Flagged IP Address, errors in pricing, errors in Product descriptions, A recently recalled product, product purchased in bulk that we may deem to be intended for commercial re-sale and Product unavailability. Under such and other circumstances, VELDERE may contact you to make alternative arrangements. VELDERE will not be held liable or responsible for lack of stock or sold out items due to; Product Availability, third party supplier or manufacturer issues. In the event of this occurring, VELDERE may contact you in order to offer an alternative item, refund or store credit. VELDERE reserves the right to limit purchases to normal retail quantities. Prices and availability of Products are subject to change without notice.
12. Title of goods We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
13. Certified secure online ordering VéLDERE understands the sensitivity of customer information. For this reason our website is fully secured by a certified SSL connection for all online ordering and credit information. When our website uses SSL extensions for security transactions between your web browser and our web server, information passed to and from the server is encrypted. This works as a prevention from prying on your web session, thus making sure important information remains safe and secured.
14. Discount codes and coupons VELDERE reserves the right to Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason and Exclude whichever Products we choose to from Discount Codes. VELDERE may issue coupons or discount codes strictly for use on the Website. These coupon codes are restricted and therefore; Cannot be applied to previously placed orders, Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code, Are not transferable or redeemable for cash or credit and Must be entered prior to completing your order.
15. Terms of sale We reserve the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via the Services for private and domestic purposes. We expressly prohibit purchases for resale and/or reselling any VELDERE product as part of any business (including any online business) unless agreed in writing by
16. Cancellation policy You may cancel your order for a product at no cost any time through your account or by contacting us before we send the Shipment Confirmation relating to that product. If you do not have a membership with us and we reply to your email after you send us a communication to cancel your order and the order has not been sent out then there may be a service charge for the cancellation of that order. The right of cancellation does not apply to; the supply of goods made to your specifications or clearly personalized, the supply of goods which may deteriorate or expire rapidly, The order has been dispatched, An email has been sent confirming shipment.
17. Shipping and delivery VELDERE reserves the right to cancel and refund orders to Apartment complexes and unit complexes. Orders are dispatched from our Melbourne dispatch centre within 2 business days where stock is available. Shipping times are estimated at between 1-7 business days depending on your location within Australia or around the world. During sale periods, order processing and delivery times may be extended due to an increase in demand.
18. Returns and refunds It is important to us that you are completely satisfied with every item you purchase through Veldere.com We understand that there may be times when you will need to return a product that you have purchased from us, and we aim to make this process as easy and hassle free as possible. Our returns policy has been constructed to comply with the relevant consumer rights and retailer obligations as set out under the Australian Consumer Law. You are entitled to a refund, replacement or credit from VELDERE when an item purchased fails to meet one of the consumer guarantees as per the Australian Consumer Law including and not limited to; The product is faulty or of unacceptable quality, Does not match the description or sample, Is unfit for the intended purpose (i.e. does not do what it is meant to do), Is not delivered in a reasonable time frame. The Australian Consumer Law is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the Australian Consumer Law. The consumer guarantees will not apply where you have but not limited to the following; caused the product to become damaged (such as using the product in a way that it is not intended to be used), have mistreated or abused the product (intentionally or unintentionally), received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product, knew of or were made aware of the faults before you bought the product. You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from VELDERE. Items purchased must be returned to our Melbourne dispatch centre via courier and VELDERE will not be liable to incur any courier fees.
VELDERE may cover any associated delivery charges for the return of any products which fail to meet the consumer guarantees as per the Australian Consumer Law. provided they are returned to us using the recommended shipping method. Any return delivery charges will be added to your refund amount once processed. We will also refund the cost of the original delivery and pay for the delivery of any replacement item. Refunds may take up to Seven working days to process not including public holidays. For any change of mind returns, it is your responsibility to cover all delivery charges incurred.
19. Missed deliveries and re-deliveries If you discover an error with your shipping address or need to alter the delivery destination, it is recommended that you contact us via telephone as this will result in real time alterations. In a situation where timing is of importance it is not recommended to contact us via email due to the delays associated with email correspondence and that delay may lead to goods being dispatched to the original destination. You may only notify us of these changes prior to your order being dispatched. Once an order is on its way our system will generate an email advising you of the shipping method used and a tracking number where available, it is virtually impossible to change delivery locations at this stage. If no one is present to accept your order at the time of delivery the courier will normally leave a calling card requesting you contact them to arrange a re-delivery or to arrange pickup at the nearest depot. If a consignment is returned to us deliverable and requires re-delivery or in cases where the courier may require further payment for an attempted delivery or re-delivery, the customer will be required to pay the additional amount. VELDERE cannot be responsible for covering these additional charges and the original freight charge will not be refunded.
20. Product description and colour VELDERE holds an exceptionally high standard to product manufacturing and takes the necessary steps to ensure only the highest quality products are distributed. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our policy. We recommend that you do not rely solely on the information presented on our website. Please always read labels and directions provided with the product before use. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, or report the concern to us via email or phone. While VELDERE strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device. VELDERE accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
21. Pricing policy VELDERE is committed to offering our customers an easy and pleasant shopping experience, convenience, service and product availability at veldere.com. Product availability and pricing of some of our products may vary or increase, this can be due to many factors with ingredient availability and pricing of some of our rare and luxury ingredients. Prices displayed online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of products are subject to change without notice. Prices, offers, and selections on the Services are subject to change without notice.
22. Typographical errors Due to human error or other circumstances a Product can be listed at an incorrect price due to a typographical error or error in pricing information received. VELDERE reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit. If there is any inconsistency between the prices shown in emails or other promotional material and the prices shown on the Website due to human or typographical error, VELDERE reserves the right to nominate which price the Product will be sold for and VELDERE will not be held liable or responsible in any way.
23. Repairs and manufacturers warranty There may be circumstances where you have a problem with a product however it does not amount to a breach of a statutory warranty provided by us i.e. you are not entitled to a refund from us. In those circumstances, however, the product may have come with a warranty from the manufacturer. Where your purchase of the product has been sold with a warranty from the product manufacturer, the warranty will typically grant you a right to have the product repaired or choose to receive a brand new one (rather than entitle you to a refund) if defects arise falling within the scope of the warranty. Some Manufacturer’s use external Service Agents to repair faulty or damaged products. Where applicable, the item (not applicable to skincare products) will need to be sent away for repair. Please contact us for manufacturer’s contact details. We recommend you firstly phone the relevant manufacturer if you experience any difficulties operating a product.
24. Warranty All products are covered by statutory warranties, namely we warrant the products we sell to you are free from defects in and materials; of merchantable quality; fit for the purpose for which they were made and will match the description contained through our service. All products will meet these statutory requirements for at least three months from the date of purchase unless the product is covered by an extended warranty. Any Statutory and extended warranties (if applicable) will not apply where you have caused the products to become damaged. Examples of occasions where the warranties and additional promises (if applicable) will not apply are; Where you have mistreated or abused the products (whether intentionally or unintentionally) or Damaged the products as a result of using them in a way they were not intended to be used. We recommend that you refer to the online catalogue and packaging instructions for further information about the intended purpose for which a product was made. We reserve the right to test or assess any product returned to us in order to determine whether a breach of warranty has occurred.
25. Limitation of liabilities This website is provided by Veldere Pty Ltd. on an as is and as available basis. Any direct, indirect, incidental, special or consequential damages as a result of use or misuse of the website will not be the responsibility of Veldere Pty Ltd. Veldere Pty Ltd will also not be liable for the costs resulting in further purchases as a result of the initial purchase, the cost of obtaining substitute products. In addition to these, messages received, transactions entered into through the website or as a result of unauthorised access to your information contained on this website will be in no way the responsibility of Veldere Pty Ltd. Where an Act of Parliament suggests any term, condition or warranty in the Terms and Conditions and does not allow for provisions in a contract for exclusion of liability, the liability of Veldere Pty Ltd will be limited. If the breach relates to a good purchased, Veldere Pty Ltd may choose to replace the goods or supply the equivalent goods, repair the goods, pay the cost of replacing the goods or of acquiring equivalent goods or payment of the repair costs for the goods. If the breach relates to services provided Veldere Pty Ltd may choose to supply the services again or pay the cost of having the service supplied again. VELDERE does not warrant that this website, its servers, or any email sent from VELDERE are free of viruses or other harmful components. VELDERE will not be liable for any damages of any kind arising from the use of this website, including but not limited to direct, indirect, incidental, punitive and consequential damages. VELDERE will not be responsible for; losses arising from the unavailability of, or your inability to use any VELDERE Services, Losses that are not directly caused by any breach on our part, any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, any indirect or consequential losses, any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to a VELDERE Services, we limit our liability to the amount you have paid to us for the relevant VELDERE Service. Nothing in these conditions is intended to override any express commitments VELDERE gives to you under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludeable right or remedy.
26. Intellectual property You acknowledge that all material published or appearing on Veldere.com its publications and including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content is the sole property of ours. The Content may not be reproduced, published or transmitted without prior written consent from us. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties. If you believe that an item or information on any VELDERE Service infringes your intellectual property rights, please contact us via email or phone. All rights not expressly granted herein are reserved.
27. Security policy When purchasing from VELDERE your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer service via email or phone. VELDERE or its affiliates will never have access or be in possession of your credit card or payment information.
28. Waiver If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
29. Content You acknowledge and accept the following; The content of the Website is subject to change without notice and that we reserve the right to update and make changes to the Website without any notice to users of the Website. Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary. The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice. While VELDERE commits every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an “as is” basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website. VELDERE, including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website. You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
31. Applicable law When using VELDERE services, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Veldere Pty Ltd. or its associates.
32. Goods and service tax The prices displayed on this website include 10% Goods and Services Tax (GST). The website Veldere.com has been intended for use by Australian residents only.
33. Termination VELDERE reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.
34. Severability If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforce-ability of any remaining condition.
35. Promotion Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
36. Risk of loss All items purchased from Veldere.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Customers who elect to have goods delivered to an address whereby the goods may be accepted or signed for by a 3rd party (i.e. workplace, hotel, office building) accept all responsibility for location and recovery of the goods once the carrier has reported delivery to that address.
VELDERE with respect to the use of the Services and Contents.