Terms of service

OVERVIEW
Welcome to Velour Jewellery. The terms "we", "us" and "our" refer to Wiltschut Commerce Limited, a private company limited by shares registered in Hong Kong SAR (CR 78785840, BR 8785840-000-09-25-0), trading as Velour Jewellery. Velour Jewellery 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"). Velour Jewellery is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced in them (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 our Privacy Policy, you should not use or access our Services.
We sell and ship within the United Kingdom only.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years old, or the age of majority where you live, and that 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 browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all the information you provide in our store 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 on 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 represent our products accurately in our online store. However, please note that colours and product appearance may differ from how they appear on your screen, depending on the device you use and your device settings.
All items sold by Velour Jewellery are fashion jewellery. Our pieces use gold-tone, silver-tone and rose gold-tone plated finishes applied over a base alloy. They are not solid gold, gold vermeil or sterling silver, and the stones used are cubic zirconia, crystal, glass, resin or imitation pearl, as stated on each product page. Plated finishes wear over time with daily use and with exposure to water, perfume and cosmetics.
All descriptions of products are subject to change at any time at our 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 or jurisdiction, on a case-by-case basis.
Nothing in this section affects your statutory rights under Section 5 below.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Velour Jewellery reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange in accordance with our Refund Policy, in addition to your statutory rights set out in Section 5.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 - PRICES AND BILLING
Prices and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are shown in pounds sterling (GBP).
Shipping is free on all orders. Any taxes, duties or other charges that apply to your order will be shown to you before you complete your purchase.
We may from time to time offer promotions that affect pricing and that are governed by terms 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 at our store, and to update that information promptly so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment card information you provide is true, correct and complete, (ii) you are authorised to use that payment card for the purchase, and (iii) you will pay the charges incurred by you at the posted prices.

SECTION 5 - YOUR STATUTORY RIGHTS AS A CONSUMER
Nothing in these Terms affects your statutory rights as a consumer. Under the Consumer Rights Act 2015, goods supplied to you must be as described, fit for purpose and of satisfactory quality. If the goods you receive are faulty, not as described or not of satisfactory quality, you are entitled to a repair, replacement or refund in accordance with that Act.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have 14 days from the day you receive your order to cancel it without giving a reason, and a further 14 days to return the goods to us. Our Refund Policy gives you 30 days, which is longer than this statutory minimum.
If any provision of these Terms would limit or exclude a right you have under consumer law, that provision does not apply to you.

SECTION 6 - SHIPPING AND DELIVERY
We ship within the United Kingdom only. Shipping is free on all orders. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control, although we will always help you trace a parcel.
Risk of loss or damage to the goods passes to you when you, or a person you have nominated, takes physical possession of the goods.

SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Wiltschut Commerce Limited, its affiliates or its licensors, and are protected by Hong Kong, United Kingdom and international copyright, trademark 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 here, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Velour Jewellery, Shopify or any third party. All rights not expressly granted are reserved.
The Velour Jewellery name, logo, product and service names, designs and slogans are trademarks of Wiltschut Commerce Limited or its licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.
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 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 make sure you are familiar with and approve of the terms on which the relevant third-party provider offers them.
We may in future offer new features through the Services. Such new features are also part of the Services and are subject to these Terms of Service.

SECTION 9 - 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 these materials or sites, you do so at your own risk.
Please review the third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to that third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY
Velour Jewellery 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 Velour Jewellery. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Velour Jewellery, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Velour Jewellery.

SECTION 11 - 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, which can be viewed here. 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 them 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 countries other than where you reside. See our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 12 - 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 licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, will not contain unlawful, abusive or obscene content, and will not contain any virus or other malware. 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 for its accuracy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times 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 your order. Where we cancel an order for this reason after you have paid, we will refund you in full.

SECTION 14 - 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 breach any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, defame, intimidate or harm any of our staff or any other person; (e) to transmit false or misleading information; (f) to upload 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 junk mail or spam; (h) 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 may harm Velour Jewellery, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account if we determine that you have breached any part of these Terms.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at any time, and you will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply after 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 only. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.
Except as expressly stated by Velour Jewellery, and subject to Section 5 and Section 17, 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. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in this section limits or excludes the statutory rights described in Section 5.

SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for any breach of the terms implied by the Consumer Rights Act 2015, or for any other liability that cannot be excluded or limited under applicable law.
Subject to the paragraph above, and to the fullest extent permitted by law, neither Velour Jewellery nor our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify and its affiliates, shall be liable for any indirect, incidental, special or consequential loss or damage, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or any products purchased through them.
Where we are liable to you, our total liability in respect of any order will not exceed the amount you paid for that order, except where the law does not permit such a limit.

SECTION 18 - INDEMNIFICATION
If you use the Services other than as a consumer, you agree to indemnify, defend and hold harmless Velour Jewellery, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party 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 claim covered by this section. A failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defence and settlement of such a claim at your expense, including the choice of lawyers, but will not settle any claim that requires non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of such claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination does not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of the Terms of Service.
Any ambiguity 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, provided this does not reduce the rights you have under these Terms or under consumer law.

SECTION 22 - GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, and you and Velour Jewellery submit to the non-exclusive jurisdiction of the courts of Hong Kong SAR.
If you are a consumer resident in the United Kingdom, this choice of law does not deprive you of the protection of any mandatory provisions of the law of the United Kingdom, and you may bring proceedings in respect of these Terms in the courts of the United Kingdom.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and do 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 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 constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@velourjewellery.com. Our contact information is set out below.

Company name: Wiltschut Commerce Limited (trading as Velour Jewellery)
Legal form: Private company limited by shares, registered in Hong Kong SAR
Registered address: China Huarong Tower, 8/F & 9/F, 60 Gloucester Road, Wanchai, Hong Kong
Company Registration Number (CR): 78785840
Business Registration Number (BR): 8785840-000-09-25-0
Email: info@velourjewellery.com