Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Velulla! The terms "we", "us" and "our" refer to
Velulla. Velulla operates this store and website, including all
related information, content, features, tools, products and
services in order to provide you, the customer, with a curated
shopping experience (the "Services"). Velulla is powered by
Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies
referenced herein (these "Terms of Service" or "Terms") describe
your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include
important information about your legal rights and cover areas
such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to
be bound by these Terms of Service and our Privacy Policy. If you
do not agree to these Terms of Service or Privacy Policy, you
should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are
at least the age of majority in your state or province of
residence, and you have given us your consent to allow any of
your minor dependents to use the Services on devices you own,
purchase or manage.
To use the Services, including accessing or browsing our online
stores or purchasing any of the products or services we offer,
you may be asked to provide certain information, such as your
email address, billing, payment, and shipping information. You
represent and warrant that all the information you provide in our
stores is correct, current and complete and that you have all
rights necessary to provide this information.
You are solely responsible for maintaining the security of your
account credentials and for all of your account activity. You may
not transfer, sell, assign, or license your account to any other
person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of
our products and services in our online stores. However, please
note that colors or product appearance may differ from how they
may appear on your screen due to the type of device you use to
access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or
services purchased by you will meet your expectations or be the
same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time
without notice at our sole discretion. We reserve the right to
discontinue any product at any time and may limit the quantities of
any products that we offer to any person, geographic region or
jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase.
Velulla reserves the right to accept or decline your order for any
reason at its discretion. Your order is not accepted until Velulla
confirms acceptance. We must receive and process your payment
before your order is accepted. Please review your order carefully
before submitting, as Velulla may be unable to accommodate
cancellation requests after an order is accepted. In the event
that we do not accept, make a change to, or cancel an order, we
will attempt to notify you by contacting the e-mail, billing
address, and/or phone number provided at the time the order was
made.
Your purchases are subject to return or exchange solely in
accordance with our Refund Policy.
You represent and warrant that your purchases are for your own
personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without
notice. The price charged for a product or service will be the
price in effect at the time the order is placed and will be set
out in your order confirmation email. Unless otherwise expressly
stated, posted prices do not include taxes, shipping, handling,
customs or import charges.
Prices posted in our online stores may be different from prices
offered in physical stores or in online or other stores operated
by third parties. We may offer, from time to time, promotions on
the Services that may affect pricing and that are governed by
terms and conditions separate from these Terms. If there is a
conflict between the terms for a promotion and these Terms, the
promotion terms will govern.
You agree to provide current, complete and accurate purchase,
payment and account information for all purchases made at our
stores. You agree to promptly update your account and other
information, including your email address, credit card numbers
and expiration dates, so that we can complete your transactions
and contact you as needed.
You represent and warrant that (i) the credit card information you
provide is true, correct, and complete, (ii) you are duly
authorized to use such credit card for the purchase, (iii) charges
incurred by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes,
if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery
times are estimates only and are not guaranteed. We are not
responsible for delays caused by shipping carriers, customs
processing, or events outside our control. Once we transfer
products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands,
text, displays, images, graphics, product reviews, video, and
audio, and the design, selection, and arrangement thereof, are
owned by Velulla, its affiliates or licensors and are protected by
U.S. and foreign patent, copyright and other intellectual property
laws.
These Terms permit you to use the Services for your personal,
non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the
material on the Services without our prior written consent. Except
as expressly provided herein, nothing in these Terms grants or
shall be construed as granting a license or other rights to you
under any patent, trademark, copyright, or other intellectual
property of Velulla, Shopify or any third party. Unauthorized use
of the Services may be a violation of federal and state
intellectual property laws. All rights not expressly granted herein
are reserved by Velulla.
Velulla's names, logos, product and service names, designs, and
slogans are trademarks of Velulla or its affiliates or licensors.
You must not use such trademarks without the prior written
permission of Velulla. Shopify's name, logo, product and service
names, designs and slogans are trademarks of Shopify. All other
names, logos, product and service names, designs, and slogans on
the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third
parties as part of the Services, which we neither monitor nor have
any control nor input.
You acknowledge and agree that we provide access to such tools
"as is" and "as available" without any warranties, representations
or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use
of optional third-party tools.
Any use by you of the optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that
you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the
Services (including the release of new tools and resources). Such
new features shall also be deemed part of the Services and are
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites
provided or operated by third parties (including any embedded
third party functionality). We are not responsible for examining
or evaluating the content or accuracy of any third-party materials
or websites you choose to access. If you decide to leave the
Services to access these materials or third party sites, you do so
at your own risk.
We are not liable for any harm or damages related to your access of
any third-party websites, or your purchase or use of any products,
services, resources, or content on any third-party websites. Please
review carefully the third-party's policies and practices and make
sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party
products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Velulla is powered by Shopify, which enables us to provide the
Services to you. However, any sales and purchases you make in our
Store are made directly with Velulla. By using the Services, you
acknowledge and agree that Shopify is not responsible for any
aspect of any sales between you and Velulla, including any injury,
damage, or loss resulting from purchased products and services. You
hereby expressly release Shopify and its affiliates from all
claims, damages, and liabilities arising from or related to your
purchases and transactions with Velulla.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is
subject to our Privacy Policy, and certain personal information may
be subject to Shopify's Privacy Policy. By using the Services, you
acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and
processes personal information about your access to and use of the
Services in order to provide and improve the Services for you.
Information you submit to the Services will be transmitted to and
shared with Shopify as well as third parties that may be located in
other countries than where you reside, in order to provide services
to you. Review our privacy policy for more details on how we,
Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any
ideas, suggestions, feedback, reviews, proposals, plans, or other
content (collectively, "Feedback"), you grant us a perpetual,
worldwide, sublicensable, royalty-free license to use, reproduce,
modify, publish, distribute and display such Feedback in any medium
for any purpose, including for commercial use. We may, for example,
use our rights under this license to operate, provide, evaluate,
enhance, improve and promote the Services and to perform our
obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all
necessary rights to all Feedback; (ii) you have disclosed any
compensation or incentives received in connection with your
submission of Feedback; and (iii) your Feedback will comply with
these Terms. We are and shall be under no obligation (1) to
maintain your Feedback in confidence; (2) to pay compensation for
your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback
that we determine in our sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party's intellectual
property or these Terms of Service.
You agree that your Feedback will not violate any right of any
third-party, including copyright, trademark, privacy, personality
or other personal or proprietary right. You further agree that your
Feedback will not contain libelous or otherwise unlawful, abusive or
obscene Feedback, or contain any computer virus or other malware
that could in any way affect the operation of the Services or any
related website. You may not use a false email address, pretend to
be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any Feedback. You are solely
responsible for any Feedback you make and its accuracy. We take no
responsibility and assume no liability for any Feedback posted by
you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that
contain typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any
information is inaccurate at any time without prior notice
(including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You
may not access or use the Services, directly or indirectly: (a) for
any unlawful or malicious purpose; (b) to violate any
international, federal, provincial or state regulations, rules,
laws, or local ordinances; (c) to infringe upon or violate our
intellectual property rights or the intellectual property rights of
others; (d) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or harm any of our employees or any other
person; (e) to transmit false or misleading information; (f) to
send, knowingly receive, upload, download, use, or re-use any
material that does not comply with these Terms; (g) to transmit, or
procure the sending of, any advertising or promotional material,
including any "junk mail," "chain letter," "spam," or any other
similar solicitation; (h) to impersonate or attempt to impersonate
any other person or entity; or (i) to engage in any other conduct
that restricts or inhibits anyone's use or enjoyment of the
Services, or which, as determined by us, may harm Velulla, Shopify
or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any
other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell or exploit any
portion of the Services; (c) collect or track the personal
information of others; (d) spam, phish, pharm, or pretext the
services; (e) use any robot, spider, scraping, data gathering and
extraction tools, automatic devices or processes, AI tools (such as
agentic AI) or automated or manual means to access the Services; or
(f) interfere with, bypass, or circumvent the security or
authorization features, robot exclusion headers, or other measures
we employ to restrict access to the Services. We reserve the right
to suspend, disable, or terminate your account at any time, without
notice, if we determine that you have violated any part of these
Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow,
enable, or cause the deployment of an Agent to access, use, or
interact with any Services. "Agent" means any software or service
that takes autonomous or semi-autonomous action on behalf of, or at
the instruction of, any person or entity and that can be executed
on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at
all times, it identifies itself and operates in strict accordance
with the requirements in section 14.4 below. In addition, no Agent
may access, use, or interact with Services if we have requested
that the Agent refrain from accessing, using, or interacting with
any service.
14.3 We may limit, including by technical measures, whether and how
any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the
request is from an Agent and disclose the name of the Agent by
including the following in the request's user agent string:
"Agent/[agent name]"; (ii) not conceal or obfuscate that any access,
use, or interactions are from an Agent, such as by (a) mimicking
human behavior and interaction patterns, or (b) completing or
circumventing CAPTCHAs or measures intended to distinguish computer
use from humans, (iii) respond truthfully to any question or prompt
seeking to determine if interactions are coming from a human or a
computer, (iv) not circumvent or otherwise avoid any measure
intended to block, limit, modify, or control whether and how Agents
access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or
any part thereof) in our sole discretion at any time without
notice, and you will remain liable for all amounts due up to and
including the date of termination.
The following sections will continue to apply following any
termination: Intellectual Property, Feedback, Termination,
Disclaimer of Warranties, Limitation of Liability, Indemnification,
Severability, Waiver; Entire Agreement, Assignment, Governing Law,
Privacy Policy, and any other provisions that by their nature should
survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made
available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any
other visitor to the Services, or by anyone who may be informed of
any of its contents.
EXCEPT AS EXPRESSLY STATED BY Velulla, THE SERVICES AND ALL PRODUCTS
OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'
FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND
NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Velulla, OUR
PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND
ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY
SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF
ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR
FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES
OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT)
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Velulla, Shopify,
and our affiliates, partners, officers, directors, employees,
agents, contractors, licensors, and service providers from any
losses, damages, liabilities or claims, including reasonable
attorneys' fees, payable to any third party due to or arising out of
(1) your breach of these Terms of Service or the documents they
incorporate by reference, (2) your violation of any law or the
rights of a third party, or (3) your access to and use of the
Services.
We will notify you of any indemnifiable claim, provided that a
failure to promptly notify will not relieve you of your obligations
unless you are materially prejudiced. We may control the defense
and settlement of such claim at your expense, including choice of
counsel, but will not settle any claim requiring non-monetary
obligations from you without your consent (not to be unreasonably
withheld). You will cooperate in the defense of indemnified claims,
including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right
or provision.
These Terms of Service and any policies or operating rules posted by
us on this site or in respect to the Service constitutes the entire
agreement and understanding between you and us and governs your use
of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of
your rights or obligations under these Terms without our prior
written consent, and any such attempt will be null and void. We may
transfer, assign, or delegate these Terms and our rights and
obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in
accordance with the laws of New Zealand. You and Velulla consent to
the exclusive jurisdiction of the courts of New Zealand for the
resolution of any disputes arising under or in connection with
these Terms.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at
any time on this page.
We reserve the right, in our sole discretion, to update, change, or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our
website periodically for changes. We will notify you of any
material changes to these Terms in accordance with applicable law,
and such changes will be effective on the date specified in the
notice. Your continued use of or access to the Services following
the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
hello@velulla.com.
Velulla,
hello@velulla.com