Terms of service
Terms of Service
Overview
This website is operated by Van Ermel Scherer Australia (“we”, “us”, “our”). By accessing our site or purchasing from us, you agree to these Terms of Service and any related policies referenced here. If you do not agree, please do not use the site.
We may update these Terms from time to time by posting a new version here. Your continued use of the site after changes are posted constitutes acceptance of the updated Terms.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any unlawful or unauthorized purpose, nor may you violate any laws in your jurisdiction (including copyright laws). You must not transmit any destructive code, worms, or viruses.
A breach of these Terms will result in immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted across various networks and adapted to meet technical requirements. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is inaccurate, incomplete, or outdated. The material is provided for general information only and should not be relied upon as the sole basis for decisions.
We reserve the right to modify site content at any time but are under no obligation to update information.
Section 4 – Modifications to the Service and Prices
Prices for our products may change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the site and may have limited quantities. Returns or exchanges are subject to our Return Policy.
We have made every effort to display colours and images accurately, but we cannot guarantee your device’s display is accurate.
We reserve the right to limit sales of products or Services to any person or region, to limit quantities, or to discontinue products at any time. All descriptions and prices are subject to change without notice.
We do not warrant that the quality of any products, services, or information will meet your expectations.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. At our discretion, we may limit or cancel orders per person, household, or order. These restrictions may include orders placed under the same account, card, or billing/shipping address.
If an order is changed or cancelled, we may notify you by email or phone.
You agree to provide current, complete, and accurate information for all purchases and promptly update details such as email addresses and payment information so we can complete transactions and contact you as needed.
Section 7 – Optional Tools
We may provide access to third-party tools which we neither monitor nor control. You acknowledge that these are provided “as is” without warranties.
Your use of optional tools is entirely at your own risk. Future new services or features will also be subject to these Terms.
Section 8 – Third-Party Links
Certain content, products, or services available may include third-party materials. Links may direct you to sites not affiliated with us. We are not responsible for examining or evaluating their content and assume no liability.
Please review third-party policies before engaging in transactions. Any concerns about third-party products should be directed to the third party.
Section 9 – User Comments, Feedback, and Other Submissions
If you send creative ideas, suggestions, or other materials (whether requested or not), you agree that we may use them without restriction.
We are not obligated to:
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Maintain any comments in confidence,
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Pay compensation, or
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Respond to comments.
We may, but are not obliged to, monitor or remove content we deem unlawful, offensive, or in violation of these Terms.
You agree that your comments will not violate rights of third parties and will not contain unlawful, abusive, or harmful material. You must not mislead us or others by using a false email address or impersonating someone else.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
Occasionally, information on our site or Service may contain typographical errors, inaccuracies, or omissions (e.g. product descriptions, pricing, availability). We reserve the right to correct these errors and cancel orders if necessary, without prior notice.
Section 12 – Prohibited Uses
You are prohibited from using the site or its content for:
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unlawful purposes;
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soliciting others to perform unlawful acts;
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violating international, federal, or local laws;
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infringing our or others’ intellectual property rights;
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harassment, abuse, or discrimination;
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submitting false or misleading information;
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transmitting malware or harmful code;
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collecting personal data without consent;
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obscene or immoral purposes;
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interfering with site security or functionality.
We reserve the right to terminate use of the Service for violations.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that use of our Service will be uninterrupted, timely, secure, or error-free.
The Service and all products are provided “as is” and “as available,” without any warranties or conditions, except those required by law.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law.
To the fullest extent permitted by law, Van Ermel Scherer Australia is not liable for any loss, damage, or consequential claims arising from your use of the Service or products.
Section 14 – Indemnification
You agree to indemnify and hold harmless Van Ermel Scherer Australia, its officers, employees, partners, and affiliates from any claim or demand arising from your breach of these Terms or your violation of any law or rights of a third party.
Section 15 – Severability
If any provision of these Terms is found to be unlawful or unenforceable, the remainder shall remain valid to the fullest extent permitted by law.
Section 16 – Termination
These Terms remain effective unless terminated by either you or us. You may terminate by ceasing use of the site.
If, in our judgment, you fail to comply with these Terms, we may terminate the agreement without notice and deny you access to our Services.
Section 17 – Entire Agreement
These Terms, together with any policies posted on the site, constitute the entire agreement between you and us.
Section 18 – Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Section 19 – Changes to Terms of Service
We reserve the right to update or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes.
Section 20 – Contact Information
Questions about the Terms of Service should be sent to:
hello@vanermelscherer.com
