Last updated: 11.11.2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Velbella website. This website is owned and operated by Lauren Veiling trading as Velbella Beauty PTY LTD (ACN 600 504 523). It is available at www.velbellaairbrush.com. (Site) and may be available through other addresses or channels. Velbella is the common law trademark.
These Terms and Conditions govern your use of our site and form a contract between you and us if you use the site. Please contact us if you have any questions, at email@example.com. Your use of the site indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.
The information, including statements, opinions, and documents contained in this site is for general information purposes only. It does not take into account your specific needs, objectives or circumstances.
The Information and Terms may be amended without notice from time to time with our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments.
3. License to use the site:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. This means that you may view, browse through and read the Content on your computer. You may not download, reproduce, distribute, transmit or otherwise exploit the Content in any way unless you have written permission from Velbella. All other uses are prohibited without our prior written consent.
4. Copyright and Intellectual Property Rights:
Our site contains material (photographs, illustrations, video, text and any other content) which is owned by or licensed to us, and is protected by Australian and International laws, including but not limited to the software, content, design, images, graphics, layout, courses, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site. You agree that, as between you and us, we own all intellectual property rights in the Site. You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner. You must not breach copyright or intellectual property rights, including but not limited to,
a. alter or modify any of the code or the material on the Site
b. cause any of the material on the Site to be framed or embedded in another website
c. create derivative works from the content of the Site, or
d. use our content displayed on this Site for commercial purposes
If you wish to republish, copy, distribute or transmit any public content, you may do so on the following grounds:
a. No more than 20% is used for quoting or copying. Anything greater than 70% will be accused of copyright infringement.
b. You must make no alterations to the material
c. You must attribute the material to our Site, including linking back to our Site where possible; and
d. You must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy, or that would bring us, or the Site into disrepute.
On December 21, 2001, new legislative provisions come into force which governs the way organisations hold and handle personal information.
Velbella collects the names, contact details and user information it requires for the following purposes:-
a. Selling, promoting and provision of products and services requested by you.
b. Providing you with information that you request (by post, telephone or email).
7. Prohibited Site & Membership Conduct:
You must not use the use the Site for any activities, or to post or transmit any material from the Site:
a. Unless you hold all necessary rights, licences and consents to do so;
b. That infringes the intellectual property or other rights of any person
c. That would cause you or us to breach any law, regulation, rule, code, or other legal obligation
d. That defames, harasses, threatens, menaces, offends or restricts any person
e. That would interfere with or inhibit any user from using the Site
f. Use the site to send unsolicited email messages
g. Attempt to tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features to the Site or other members, or damage or interfere with the Site, including but not limited to the use of Trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
h. Facilitate or assist another person to do any of the above acts.
8. Your Content:
If you should choose to add any content (comments, questions, feedback requests) to the Site, you:
a. Warrant to us that you have all necessary rights to post the content;
b. Grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public)
c. You agree that any offensive, threatening or offending towards others will be deleted at the Site owner’s discretion.
d. We reserve the right to amend or delete any and all of your content, and to block any user if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
e. All material contained within this website is copyright. Any graphics, text or other material that has been copied without permission will be charged at AU$200.00 per day until removed.
9. Shipping & Returns:
We ship through Australia Post. The postage cost quoted at checkout is direct from Australia Post based on the total weight and delivery to your postcode. Velbella products can be shipped internationally. We highly recommend Registered Post so there is tracking on your order, and without tracking we can not be held liable for non-delivery by Australia Post.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Velbella cannot be held liable for delays, non-delivery or damage of items caused by Australia Post. Velbella takes care to ensure all items are packed safely and securely for their journey to you. We strongly recommend you request registered post to cover any losses. Please refer to our Shipping and Returns page for further information. Any products containing Class 3 Dangerous Goods (most of our liquid products) will be labelled in accordance with the relevant Australian dangerous goods legislation. Products are shipped using Australia Post who are licensed under the appropriate act to carry Dangerous Goods. Further information can be obtained by emailing us. Under the Dangerous Goods legislation these items are not able to be posted via Express Post and can only be sent by road transport. So that we are not in violation of Domestic/International Laws and regulations regarding transportation of these products, we send all our liquid products via a Consumer Commodities Dangerous Goods contract through Australia Post. Any order containing Dangerous Goods and where express post has been requested will be downgraded to normal post rates and sent in accordance with the Dangerous Goods Act. Please be aware the items sent by Express Post are not covered by any insurance with Australia Post’s terms and conditions. Please refer to our shipping information.
10. Limitation and Disclaimer of Liability:
Our site and its contents are provided to you on an “as is” basis. We make no warranties of any kind, either express or implied, including by not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law. Although we use our reasonable best efforts to ensure the accuracy of the Content of our site, we make no representations or warranties as to the accuracy, correctness or reliability of the Content. There may be technical inaccuracies, typographical or other errors, programming bugs in this website or its contents. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. By using this site you acknowledge that its use is at your own risk. Neither Velbella, its Directors nor our Content providers will be responsible or liable to you, or any other party, for any direct, incidental, consequential, indirect or punitive damages (including negligence) that result from your access to, or use of this website or its contents.
If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of lay, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
When you sign up for our newsletter, the subscriber agrees, by accepting our email newsletter subscription, to indemnify the publisher against false accusations of spam to include, but not limited to
a. payment of all damages;
b. loss of web hosting fees and services
c. all damages for loss of business and goodwill
d. and any and all fees or fines that may be imposed against the publisher by any federal, state, local authority or civilian business entity as a result of the false spam accusation.
We believe it is your responsibility to unsubscribe from our newsletter as we have made every effort to ensure the facilities to do this are available. You can remove yourself at any time from our newsletters by clicking on the unsubscribe link at the bottom of the email. You can also contact us to change your information or ask to be unsubscribed at any time. Please allow a reasonable amount of time for us to do so. We hate spam as much as you do! DO NOT REPORT US FOR SPAMMING. WE DO NOT SPAM AND WE WILL TAKE LEGAL ACTION AGAINST FALSE SPAM REPORTS
13. Links to Other Web Sites:
Our Service may contain links to third-party web sites or services that are not owned or controlled by Velbella. Velbella has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Velbella shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
14. Placing an Order
All orders placed are subject to confirmation and acceptance by Velbella, this includes pre-paid orders, eg payments made by bank deposit, money order or cheque.
All prices quoted and charged are in Australian Dollars (AU$).
Shipping times are quoted by Australia Post at the first stage of checkout, based on your postcode or country.
Velbella may vary prices for received orders in the event of price changes or mistakes made by suppliers. In the case of a price increase, you may cancel the order by giving notice to Velbella, which must be received within seven (7) days of the price increase notification.
To minimise errors and improve efficiency, orders would be placed using our on-line ordering system where possible.
Orders under $9.95 not including postage will incur a minimum price penalty charge.
Please understand that our shop front has limited hours. To purchase using a pick-up service, you must have booked an advance appointment.
Any attempt to cancel an order must be done as soon as possible. Cancellations attempted after the dispatching will result in the customer having to pay the shipping and handling charges on the item/s and the cost of shipping the package back. Returned goods must arrive back unused and in the same condition they were sent, if this does not occur Velbella reserves the right not to refund. A 10% restocking fee will apply.
Cancellations must be communicated by telephone, email or fax as soon as possible.
15. Payments Accepted
For online orders, accepted payments include credit cards (Visa, Mastercard and AMEX), direct deposit, money order, personal cheque and international bank transfer for international buyers. Personal cheques are subject to a 7 business day clearance period after being banked, goods paid for by personal, bank or business cheque will not be posted until the cheque has been cleared by our bank. For order pick up, payment terms are pre-payment cash, eftpos and credit card only. There is an additional charge for Visa, Mastercard payments of 1.5% of the total order. We do not deliver by COD. When making payment by direct debit or internet transfer you must include either your surname or the order number as a reference.
15. Returns and Refunds
Please refer to our Shipping and Returns page for further information. We do not refund for change of mind. At our discretion we may offer to refund for items suffering from a defect within 7 days of you receiving your order or within the time specified on the product description for the warranty , or alternatively replace or repair the item. Please check your order immediately and contact us within 2 days of receiving your order if there is a problem with the order or the products. We will work with you to find the best solution. After this time items are strictly covered under the manufacturer’s warranty. For items damaged in transit by Australia Post please contact us immediately and we will put a claim in with Australia Post – this is available if you have selected Registered Post for a value up to $100.00. All our products are professional products sold for use in a professional environment. Any returns which may be accepted that are not defective will incur a 10% restocking fee. Any loyalty points earned on returns will be deducted.
16. Warranty Claim
All warranties are expressed on the relevant item description. Goods under warranty can be refunded, replaced or repaired. Return postage is to be borne by the purchaser Customers must request a Return Authorisation number from Velbella. Any items returned without this number will be returned to the sender. If the returned item is found not to be faulty or has been damaged through misuse, the purchaser will be required to pay for return postage. Velbella also reserves the right to charge the labour cost for examining these goods where no fault was found. All warranties are voided if the returned product is found in any way to be mishandled, installed incorrectly, modified, tampered with, abused, physically damaged etc. Velbella may also ask for proof of damage to be supplied to us before offering a Return Authority. When placing an order it is understood that you agree and abide by the terms and conditions noted on the website. Velbella reserves the right to deregister a client’s account if deemed necessary.
Velbella is the common law trademark
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site. Through this site Velbella offers an online shopping website specialising in products relating to manicure and pedicure supplies. Please be sure to read this agreement carefully, especially the disclaimers and limitations of our liability, as in using our site you will be taken to have agreed with the terms and conditions set out in this agreement. We do not intend to make changes to these terms and conditions very often, but we may make changes to them and any time. You should check whenever you visit our site to ensure that you have read and agree with our most current terms and conditions. Any change in our terms and conditions will not affect past use of our site, unless we are legally required to do so.
For questions & notices, please contact us at firstname.lastname@example.org