Terms of service

Terms of Service

Overview

This website and online store (the "Site") is operated by van Ermel Scherer Australia ("VES", "we", "us", "our"). By accessing the Site or purchasing from us, you agree to these Terms of Service ("Terms") and the policies they refer to, including our Privacy Policy, Returns & Refunds Policy and Shipping Policy. If you do not agree, please do not use the Site.

Our store is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products to you.

1. Eligibility and accounts

You must be at least 18 years of age to purchase from the Site. If you allow a minor in your care to use the Site on your device, you are responsible for their use.

You may be asked to provide your name, email, billing, payment and shipping details to make a purchase or create a Shop account. You warrant that this information is accurate, current and complete, and you are responsible for keeping your account credentials secure and for all activity under your account.

2. Products

We make every effort to display our products accurately, but colours and print placement may vary slightly from what appears on your screen depending on your device. Each VES print is produced in a limited run and, once sold out, is not restocked. We may discontinue any product or limit quantities at any time.

3. Orders

When you place an order you are making an offer to purchase. We may accept or decline any order at our discretion, including where a product is unavailable, there is a pricing or description error, we suspect fraud, or the order appears to be for commercial resale. Your order is accepted when we send a confirmation email and your payment has been processed. If we cannot accept your order we will contact you and refund any payment made.

Please check your order carefully before submitting. Once an order has been dispatched it cannot be cancelled or changed. Returns and refunds are handled in accordance with our Returns & Refunds Policy.

4. Prices and payment

All prices are in Australian dollars and include GST unless otherwise stated. Prices, discounts and promotions may change without notice, but the price charged is the price displayed at the time your order is placed, as shown in your order confirmation. Shipping costs are shown at checkout and added to your order total.

Promotional offers may have their own terms; where those terms conflict with these Terms, the promotional terms apply to that offer.

We accept payment through Shopify Payments (credit and debit cards, Shop Pay), PayPal and Afterpay. You warrant that you are authorised to use the payment method provided.

5. Shipping and delivery

We currently ship within Australia only. Delivery times shown on the Site and at checkout are estimates and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control, but we will help you follow up any delayed or missing parcel. Risk in the goods passes to you on delivery to the address you provided. Full details are in our Shipping Policy.

6. Intellectual property

All content on the Site, including our name, logo, prints, designs, photography, video, text and the overall look of the Site, is owned by or licensed to van Ermel Scherer Australia and is protected under Australian and international copyright, trade mark and design laws. Our prints are original artworks.

You may use the Site for personal, non-commercial purposes only. You must not reproduce, copy, distribute, modify, create derivative works from or commercially exploit any content, print or design from the Site without our prior written consent. Nothing in these Terms grants you any licence or rights in our intellectual property, Shopify's, or any third party's.

7. Reviews, comments and feedback

If you submit a review, comment, photo, tag or other content to us or about us on the Site or social media ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, publish and display that Feedback for any purpose, including marketing. You warrant that you own or have the right to share the Feedback, that it is your honest opinion, and that you have disclosed any incentive received in connection with it.

We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, misleading or otherwise objectionable. We are not responsible for Feedback posted by others.

8. Prohibited uses

You must not use the Site for any unlawful purpose; to infringe the intellectual property or other rights of any person; to harass, abuse or harm any person; to transmit false or misleading information, spam, viruses or malicious code; to collect personal information of others; to scrape, crawl or copy any part of the Site using automated tools, bots or AI agents without our permission; or to interfere with the security or operation of the Site. We may suspend or terminate your access to the Site if we believe you have breached these Terms.

9. Relationship with Shopify

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

10. Privacy

Personal information you provide through the Site is handled in accordance with our Privacy Policy. Because the Site is hosted by Shopify, Shopify also collects and processes certain information about your use of the Site under its own privacy policy.

11. Third-party links and tools

The Site may include links to, or tools provided by, third parties (for example payment providers, shipping carriers or social media platforms). We do not control and are not responsible for third-party sites or services. Your use of them is subject to their terms and is at your own risk.

12. Errors and omissions

Occasionally the Site may contain typographical errors or inaccuracies relating to product descriptions, pricing, promotions, shipping or availability. We may correct any error and cancel affected orders (with a full refund) without prior notice, including after an order has been submitted.

13. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded.

14. Limitation of liability

Subject to section 13 and to the fullest extent permitted by law:

• the Site and its content are provided "as is" and we do not guarantee the Site will be uninterrupted, error-free or secure;

• we are not liable for any indirect, incidental or consequential loss, or loss of profit, revenue or data, arising from your use of the Site or our products; and

• where liability cannot be excluded but can be limited, our liability is limited, at our option, to replacing or repairing the goods or refunding the price paid.

15. Indemnity

You agree to indemnify van Ermel Scherer Australia, Shopify and our respective officers, employees and contractors against any claim, loss or expense arising from your breach of these Terms or any law, or your infringement of a third party's rights.

16. Termination

We may suspend or terminate your access to the Site at any time if you breach these Terms. You remain liable for any amounts owing. Sections 6, 7, 9, 13, 14, 15 and 18 survive termination.

17. General

If any part of these Terms is unenforceable, the remainder continues in effect. Our failure to enforce any provision is not a waiver of it. These Terms and the policies they refer to are the entire agreement between you and us in relation to the Site. You may not assign your rights under these Terms; we may assign ours. Headings are for convenience only.

18. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.

19. Changes to these Terms

We may update these Terms by posting a new version on this page with a revised "last updated" date. The version in force when you place an order applies to that order. Your continued use of the Site after changes are posted constitutes acceptance.

20. Contact

van Ermel Scherer Australia (VES) PO Box 61, Thirroul NSW 2515 hello@vesaustralia.com