Terms of service

OVERVIEW

Welcome to VELOWEN!

The terms "we", "us" and "our" refer to VELOWEN. VELOWEN 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"). VELOWEN 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 store 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 information you provide to us 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 activity under your account. 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 store. However, please note that colors, textures or product appearance may differ slightly from how they appear on your screen due to your device, display settings, lighting conditions and other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All product descriptions, specifications, prices and availability 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. VELOWEN reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until VELOWEN confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it.

Orders may be canceled within 1 hour after they are placed, provided that the order has not already been processed, fulfilled or shipped. Once an order has entered processing, fulfillment or shipping, we may be unable to cancel or modify it.

If you need to request a cancellation, please contact us as soon as possible at support@velowen.com.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to returns and refunds in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties or import charges.

Prices posted in our online store may differ from prices offered through other sales channels or third-party platforms.

We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of 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 through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

(a) the payment information you provide is true, correct and complete;

(b) you are duly authorized to use the payment method provided for the purchase;

(c) charges incurred by you will be honored by your payment provider; and

(d) you will pay all charges incurred by you at the posted prices, including shipping charges and applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided by VELOWEN are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, public holidays, peak shopping periods, incorrect or incomplete shipping information, or other circumstances beyond our reasonable control.

Shipping rates, available shipping methods and estimated delivery times are displayed at checkout or otherwise described in our Shipping Policy.

For information about shipping rates, estimated delivery times, order tracking and delivery issues, please refer to our Shipping Policy.

If you experience an issue with a shipment, including a package that appears to be lost, damaged or incorrectly delivered, please contact us at support@velowen.com and we will assist you in accordance with our applicable policies.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by VELOWEN, its affiliates or licensors and are protected by applicable U.S. and international 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 material from the Services without our prior written consent, except as otherwise permitted by law.

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 VELOWEN, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by VELOWEN.

VELOWEN's names, logos, product and service names, designs and slogans are trademarks of VELOWEN or its affiliates or licensors. You must not use such trademarks without prior written permission from VELOWEN.

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 appearing 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 over or input into.

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 optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including 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 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 third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content available through third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

VELOWEN 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 VELOWEN.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and VELOWEN, 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 VELOWEN.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read and understood the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third-party service providers that may be located in countries other than the country in which you reside, where necessary to provide the Services.

Please review our Privacy Policy for more information about how we, Shopify and our service providers collect, use and process 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 lawful purpose, including commercial use.

We may 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 these Terms.

You represent and warrant that:

(a) you own or have all necessary rights to all Feedback;

(b) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and

(c) your Feedback complies with these Terms.

We are under no obligation to:

(a) maintain your Feedback in confidence;

(b) pay compensation for your Feedback; or

(c) 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, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or obscene material, or any computer virus or other malware that could 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 submit and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory or 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 an order, subject to applicable law.

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, state, provincial or local law, regulation, rule or ordinance;

(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 or intimidate any person;

(e) to transmit false or misleading information;

(f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;

(g) to transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any conduct that restricts or inhibits another person's use or enjoyment of the Services or that may harm VELOWEN, Shopify, our customers or other users of the Services.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as expressly permitted by us;

(c) unlawfully collect or track the personal information of others;

(d) spam, phish, pharm or pretext the Services;

(e) use robots, spiders, scraping tools, data gathering or extraction tools, automated devices, AI tools or other automated means to access the Services in violation of our instructions or applicable law; or

(f) interfere with, bypass or circumvent security or authorization features or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account or access to the Services if we determine that you have violated 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 the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements of Section 14.4 below.

In addition, no Agent may access, use or interact with the 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 or interacts with the 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 interaction is from an Agent, including by mimicking human behavior or interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;

(iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and

(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, subject to applicable law.

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 and 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 for general information purposes.

We do not warrant the accuracy, completeness or usefulness of such information. Any reliance you place on such information is at your own risk.

To the extent permitted by applicable law, we disclaim liability and responsibility arising from reliance placed on such materials by you, another visitor to the Services, or anyone who may be informed of their contents.

EXCEPT AS EXPRESSLY STATED BY VELOWEN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 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 CERTAIN IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VELOWEN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Nothing in these Terms excludes or limits any liability or consumer right that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless VELOWEN, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising out of:

(1) your breach of these Terms of Service or documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your misuse of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify you 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, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure 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 website or in respect to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us regarding the Services, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt to do so may be null and void.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which VELOWEN's operating entity is established, without prejudice to any mandatory consumer protection rights that may apply to you under the laws of your place of residence.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the competent courts as determined under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, subject to applicable law, 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.

Where required by applicable law, we will provide notice of material changes to these Terms. Changes will become effective on the date specified in the applicable notice or when posted, as permitted by law.

Your continued use of or access to the Services following the effective date of changes to these Terms constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

VELOWEN
Email: support@velowen.com
Website: velowen.com