Terms & Conditions
TERMS & CONDITIONS FOR VELCE MOVEMENT DESIGN
Please note: It is your responsibility to ensure that you review and understand these conditions on each occasion that you use this website. We reserve the right to change these terms and conditions at any time and without notice.
LEGAL AGREEMENT
These terms and conditions govern use of the Site and form a legal agreement between you and Velce.
By visiting, using or shopping on the Site, you agree to be bound by this Agreement and to follow the terms and all applicable Laws and regulations governing the Site. Any transactions you may make are subject to these terms and conditions.
If you violate this Agreement, Velce may terminate your use of the Site, bar you from future use of the Site, cancel your Order, and/or take appropriate legal action against you.
permitted use of site, copyright, intellectual property
All content found on this website such as text, graphics, logos, buttons, images, audio, data downloads and software is the property of its content suppliers and protected by Australian and International copyright laws. The compilation of all content on this website is the exclusive property of Velce, with copyright authorship for this collection by Velce.
You agree that you will not infringe Velce’s Intellectual Property Rights in the Site or the Goods.
You are authorised to visit, view and to retain a copy of pages of this Site for your own personal use, but you must not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless Velce has provided express consent or you are protected by a valid defence or fair use exemption.
You must not remove any legal notices or various credits on pages of the Site, or any additional information contained on the sitealong with the notices and credits.
The Site may contain links to other websites. Velce makes no representations whatsoever about any other website which you may access through the Site. Any link to a third party website does not imply and does not constitute sponsorship, endorsement, affiliation, approval or responsibility for the content, or the use of such third party website.
electronic communications and privacy
When you visit the Site or send emails to us, you are communicating with us electronically. By doing so you consent to receive communications from us electronically. We will communicate with you via email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We will take reasonable steps to keep the personal information that we hold about you secure to ensure that it is protected from loss, unauthorised access, use, modification or disclosure.
Your personal information is stored within secure systems that are protected in controlled facilities. Our employees and authorised agents are obliged to respect the confidentiality of any personal information held by us, pursuant to the Privacy Act.
description and suitability of goods
Velce attempts to provide information that is as accurate as possible, however, Velce does not warrant that information provided, including images or other content used on this website is accurate, complete, reliable, current or free of error.
It is your responsibility as purchaser to ensure that any Goods purchased from Velce are suitable for their contemplated function, and are used in accordance with any Instruction Booklet provided by Velce.
Despite best efforts to produce Goods that are consistent with their description, by virtue of the fact that these Goods are bespoke, handmade and often crafted from natural materials, some degree of variation to the appearance of the item supplied (such as colour) compared to the pictured Goods may be unavoidable.
If a Good offered by Velce is not as described, other than variations described above at 4.3 your sole remedy is to return it in unused condition for exchange or refund (at Velce’s election).
Velce has the right to refuse refund or exchange based on inaccurate information, or if the returned product has been used or damaged in any way.
purchase of goods
An Order is deemed confirmed upon receipt of payment in full.
Availability is subject to change without notice.
Prices are subject to change without notice at any time prior to Velce confirming an Order.
Errors as to price or availability will be corrected on the Site where discovered, and Velce reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including where an Order has already been received).
Velce reserves the right to cancel or reject an Order for any reason, including but not limited to unavailability of product, an error relating to pricing, incorrect image or product description, or other such errors deemed applicable to an order. If we reject or cancel an Order, we will endeavour to notify you of this event within a reasonable time after you have submitted your Order. Subject to the terms and conditions of this Agreement, any payments received for an Order cancelled or rejected by Velce will be refunded.
Unless otherwise advised at the time of confirming an Order, Orders are normally shipped within 21 business days of confirming the Order. Time of shipment will be complied with wherever possible but may be extended to cover delays caused by manufacture and transport delays that are beyond Velce’s reasonable control.
All deliveries shall be made to the nominated address.
If you discover an error with your shipping address or need to alter the delivery destination due to delays, we recommend that you contact us and advise of the correct delivery details. You may only notify us of these changes prior to your Order being dispatched. 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 undeliverable (RTS - return to sender) and requires re-delivery OR in cases where the courier may require further payment for an attempted delivery or re-delivery, you will be required to pay the additional amount. Velce is not responsible for covering these additional charges, furthermore the original freight charge will not be refunded.
You acknowledge that it is your responsibility to provide labour and equipment to unload and position the Goods on site at your expense.
RISK AND title
All items purchased from Velce are delivered to you by third party providers (the Carrier). The risk of the Goods pass to you upon delivery by Velce to the Carrier.
The Carrier may offer insurance options at an additional cost. It is your responsibility to ensure you purchase any such insurance with the Carrier if you wish the Goods to be insured during delivery.
returns and refunds
You must review your Order carefully before placing it. Once an Order is confirmed, you are unable to cancel or change it. You acknowledge that some Velce Goods are made to order or have a limited market which increases the damage Velce will suffer if you attempt to cancel or change an Order.
If the Goods you receive do not meet the requirements of any Law, Velce will (at its election) either replace or refund the purchase price of the Goods upon their return.
Before returning any Goods, you must email Velce at studio@velce.cc for return authorisation.
Velce is not responsible for any damage during transit or lost packages being returned.
Goods that are not returned in their original condition will either be refused or subject to further charges.
Your obligations
You will:
provide accurate and correct information to Velce;
be, or cause a person authorised in writing by you to be, present when the Goods are unloaded at the nominated address; and
use the Goods properly and safely, in accordance with any Instruction Booklet provided by Velce.
DISCLAIMER AND limitation of liability
This website is provided on an “as is” and “as available” basis.
Velce makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
Velce does not warrant that this website, its servers, or emails sent from Velce are free of viruses or other harmful components. Velce 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.
To the full extent permissible by applicable law, Velce disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You acknowledge that use of the Goods in circumstances where they are not suitable or otherwise than in accordance with any Instruction Booklet may cause damage to the Goods, other property, or injury to persons. In such scenarios, to the extent permitted by Law, Velce is not liable for any loss or damage.
To the extent permitted by Law, Velce is not liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for lost profits, revenues or business opportunities, even if Velce has been advised of the possibility of such damages.
General
No set-off, counterclaim or deduction
All payments due to Velce under this Agreement must be paid in full without any set-off, counterclaim or deduction.
Entire agreement
This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
Severability
A term or part of a term of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.
Waiver
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
Applicable Law
This Agreement is governed by the Law of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
definitions and interpretation
Defined terms
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
Agreement means the Order together with these terms and conditions, or if no Order is placed, these terms and conditions.
Business Day means a day that is not a Saturday, Sunday, bank holiday or public holiday in New South Wales.
Goods means the goods ordered.
Instruction Booklet means any information about the use or care of the Goods on Velce’s website or supplied with the Goods.
Intellectual Property Rights means all intellectual property rights at any time protected by statute or common law, including but not limited to:
patents, copyright, rights in circuit layouts, registered designs, trademarks and any right to have confidential information kept confidential; and
any application or right to apply for registration of any of the rights referred to therein.
Law means laws, Acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements and directions of any relevant government departments, bodies, instrumentalities and trusts and public authorities, in force from time to time in any applicable jurisdiction.
Order means the order for Goods placed by you:
- through the Site; or
- by direct correspondence with Velce.
Price means the price of Goods to be paid by the Customer to Velce.
Privacy Act means the Privacy Act 1988 (Cth).
Site means the Velce website at www.velce.cc.
Velce means the R. Chaves Rocha Lima & A.G. Freeman Partnership trading as Velce ABN 20 276 023 598.
we, our and/or us refers to Velce.
you refers to users of the Site or persons placing an Order.
Interpretation
In this Agreement, unless the contrary intention appears:
if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to includes or including must be construed without limitation;
the singular includes the plural and vice versa; and
no provision of this Agreement will be construed adversely against a party because that party was responsible for drafting the provision.