Terms Of Service
OVERVIEW
Welcome to Velunota. The terms “we”, “us” and “our” refer to Velunota. Velunota operates this website and online store, including all related information, content, features, tools, products and services (collectively, the “Services”), to provide customers with a convenient and curated shopping experience. Velunota is powered by Shopify Inc., which enables us to provide the Services to you. These Terms of Service (“Terms”) govern your access to and use of our Services, together with any policies referenced herein. Please read these Terms carefully, as they contain important information regarding your legal rights, limitations of liability, and warranty disclaimers. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the 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 that you have given consent for any 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 products or services we offer, you may be required to provide certain information, including your email address, billing details, payment information, and shipping information. You represent and warrant that all information you provide through our store is accurate, current, and complete and that you have the necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to present our products and services accurately in our online store. However, colors, dimensions, finishes, or other aspects of a product may appear differently depending on the device, display settings, lighting, or configuration used to access the store. We do not warrant that the appearance or quality of any product or service purchased by you will exactly match your expectations or the way it is displayed or rendered in our online store. Product descriptions may be changed 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 products offered to any individual, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you submit an order, you are making an offer to purchase. Velunota reserves the right to accept or decline your order for any reason at its discretion. Your order is not considered accepted until Velunota confirms acceptance. We must receive and process your payment before the order is accepted. Please review your order carefully before submitting it, as Velunota may not always be able to accommodate cancellation requests after an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when the order was placed. Purchases are subject to return or exchange only in accordance with our Refund Policy. You represent and warrant that purchases are intended for your own personal or household use and not for unauthorized commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotional offers are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will appear in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import charges. Prices shown in our online store may differ from prices offered in physical stores or through online or offline stores operated by third parties. From time to time, we may offer promotions through the Services that affect pricing and are governed by separate terms and conditions. If promotional terms conflict with these Terms, the promotional terms will control. 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, credit card numbers, and expiration dates, so that we can complete transactions and contact you when necessary. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, transportation disruptions, or other events beyond our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement of such materials, are owned by Velunota, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws. These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except where expressly stated, nothing in these Terms grants or should be interpreted as granting any license or other right under any patent, trademark, copyright, or other intellectual property belonging to Velunota, Shopify, or any third party. Unauthorized use of the Services may violate federal, state, or international intellectual property laws. All rights not expressly granted are reserved by Velunota. Velunota's names, logos, product and service names, designs, and slogans are trademarks of Velunota or its affiliates or licensors. You may not use these trademarks without prior written permission from Velunota. 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 displayed through the Services are 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 do not monitor and over which we have no control or input. You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements of any kind. We will have no liability arising from or related to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms under which the relevant third-party provider makes those tools available. We may also introduce new features through the Services in the future, including new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may include 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, accuracy, availability, or reliability of any third-party materials or websites you choose to access. If you 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 arising from your access to third-party websites or from your purchase or use of products, services, resources, or content available through such websites. Please review the policies and practices of third parties carefully and ensure you understand them before entering into any transaction. Complaints, claims, concerns, or questions relating to third-party products or services should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.] Velunota is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our Store are conducted directly with Velunota. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Velunota, including any injury, damage, or loss arising from products or services purchased through our Store. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with Velunota.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our Privacy Policy page, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have reviewed these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than the country where you reside, as necessary to provide services to you. Please review our Privacy Policy for additional details regarding how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit 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 commercial purposes. For example, we may use rights granted 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 of Service. You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to keep your Feedback confidential; (2) to compensate you for Feedback; or (3) to respond to Feedback. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of another party’s intellectual property rights or these Terms of Service. You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain 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, impersonate another person, or otherwise mislead us or third parties regarding the source of Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS AND OMISSIONS
From time to time, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted an order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. 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, state, or local regulation, rule, law, or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of advertising or promotional materials, 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 we determine may harm Velunota, 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 may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information belonging to others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any portion of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any portion thereof, at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination. The following sections will continue to apply after 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 are intended to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on this information is entirely at your own risk. We disclaim all liability and responsibility arising from reliance placed on these materials by you, any other visitor to the Services, or anyone who may be informed of their contents. EXCEPT AS EXPRESSLY STATED BY Velunota, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER 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 IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Velunota, 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 SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Velunota, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or any documents incorporated 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 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 selection 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 cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service. Such determination will not affect the validity or enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision under these Terms of Service will 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 or relating to the Services, 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, between you and us, including any prior versions of the Terms of Service. Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without our prior written consent, and any attempted assignment without consent will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 21 – GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States. Any dispute, controversy, difference, or claim arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved through arbitration administered by the American Arbitration Association (AAA). You agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, consolidated, or representative action.
SECTION 22 – HEADINGS
The headings included in this agreement are provided for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS
You may review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to periodically review our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the applicable notice. Your continued use of or access to the Services after changes to these Terms of Service are posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Email: support@velunota.com
Phone: (570) 634-9114
Address: WT TECH HONGKONG LIMITED
UNIT D52, 3/F, WONG KING INDUSTRIAL BUILDING, NO.2 TAI YAU STREET, DIAMOND HILL, HONG KONG