About VERIVERA

VERIVERA Pty Ltd ACN 164 393 720 (VV, we, us or our) provides a range of premium cosmetics and skins care products which are sold to both retail and wholesale customers through the website www.verivera.com (‘the Site’).

About this document

This document sets out the terms and conditions (Terms) that apply to our clients who seek to purchase our goods or use our website.

Purchase

1. is made up of these Terms and your product order made through the Site or in any other way that we specify; and
2. is only an agreement once we have accepted your order.

Risk and Title in goods

Risk and Title in goods passes to you from the time that we dispatch your goods with Australia Post or a courier.

Acknowledgements

1. our website may not always be available or may not always function as intended;
2. goods may be damaged or destroyed in transit, and that appropriate insurance cover should be taken;
3. while we use an SSL Certificate on the Site, the purchase of goods over the internet carries risks including a risk that your credit card and other personal information may be compromised;
4. where you use a ShhhCode or other Affiliate coupon, we will pay a commission (which may either be as money or goods) to our affiliate based on your orders from us.

Pricing

1. as being inclusive of GST unless specified otherwise in writing;
2. exclusive of postage and handling costs, which are dependent on the delivery location;
3. in Australian dollars;
4. as excluding credit card surcharges.

1. as being inclusive of GST unless specified otherwise in writing;
2. exclusive of postage and handling costs, which are dependent on the delivery location;
3. in Australian dollars;
4. as excluding credit card surcharges.

Personal Information / Privacy

1. us handling your personal information in accordance with our Privacy Policy
2. to receiving communications from us by telephone, SMS, post and email;
3. us sending you promotional offers and information about our goods and services;
4. us providing your personal information (but excluding credit card details) and order history to any of our affiliates where you use any ShhhCode or other promotional code – your consent also extends to our affiliates that are located outside of Australia.

Intellectual Property

1. do anything which may infringe, jeopardise or challenge such rights,
2. commercialise or attempt to commercialise such rights.

Site contents

Copyright

1. publish a link to the Site;
2. make a temporary copy of part or all of the Site on your computer for the sole purpose of viewing it; and
3. print a hardcopy of a whole page of the Site as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.

1. otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of the Site or its contents;
2. cause any part of the Site or its contents to be framed or included in another website; or
3. scrape the content of the Site including by use of an automated script, web crawler or bot.

Content sharing and social media

1. share any blog posts and articles published on the Site on other websites or via social media websites or social media services; and
2. share any other content on the Site via social media if we provide you with the means for doing so, e.g. if we provide a hyperlink, button or other means of sharing it via social media.

1. include a hyperlink to the original content on this website;
2. do not claim, suggest or infer that the content belongs to anyone other than us; and
3. do not commercialise it, e.g. by charging people to access it or including it in a paid publication.

Trade marks

Links

1. we do not control, approve, endorse or sponsor any such websites or their content; and
2. we do not provide any warranty or take any responsibility for any aspect of those websites or their content.

Disclaimer

1. is free from errors;
2. will operate without interruption; or
3. is free from anything which may damage your computer or data including viruses and malware.

You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.

Indemnity

Liability

If we supply goods or services of a kind ordinarily acquired for personal, domestic or household (PDH) use or consumption, you have rights under the Australian Consumer Law (ACL) including Consumer Guarantee Rights. Nothing in these terms limits those rights and remedies in any way.

If we supply goods or services not of a kind ordinarily acquired for PDH use or consumption and costing no more than $40,000:

1. in relation to those goods, our liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to:
   1. replacing the goods or supplying equivalent ones;
   2. repairing the goods;
   3. paying the cost of replacing the goods or of acquiring equivalent ones; or
   4. paying the cost of having the goods repaired; and
2. in relation to those services, our liability for failure to comply with a consumer guarantee is limited to:
   1. supplying the services again; or
   2. paying the cost of having the services supplied again.

Exclusion of implied terms and limitation of liability

Important consumer information: Nothing in this clause 16.1 limits the consumer rights and remedies referred to in clause 16.

1. Any representation, warranty, condition or undertaking that would be implied in your Contract by legislation, common law, equity, trade, custom or usage or otherwise is excluded from your Contract to the fullest extent permitted by law.
2. We are never liable to you for, and you release us from any Claim for, any Contract Loss.

1. Claim means any claim, demand, action, proceeding or legal process (including by way of set off, cross-claim or counterclaim);
2. Contract Loss means loss or damage suffered by a party and arising in connection with or out of your Contract or any supply made under it (whether pleaded in contract, tort, breach of statutory duty or on any other basis, and whether arising from acts or omissions, and whether or not loss or damage the risk of which another party was or should have been aware), including but not limited to:
   1. economic loss;
   2. business interruption;
   3. loss of revenue, profits, actual or potential business opportunities or contracts;
   4. anticipated savings;
   5. loss of profits;
   6. loss of data;
   7. indirect or consequential loss;
   8. an obligation to indemnify another person;
   9. an obligation to contribute to the compensation of loss or damage suffered by another person

Miscellaneous

1. We may amend these Terms from time to time by giving you written notice. Amendments will not apply retrospectively.
2. You may not assign any part of your rights or obligations under these Terms without our prior written consent.
3. Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers provided to us by law.
4. If we overlook a breach of these Terms on one or more occasions, we are not taken to have agreed to any future breach.
5. If a provision of these Terms is unenforceable it must be read down, to the point of severance if necessary.
6. These Terms constitute the entire agreement between you and us in relation to its subject matter and supersede all other agreements, arrangements or understandings.
7. These Terms are not to be construed against a party because that party was responsible for its preparation.
8. These Terms are governed by the law of Victoria, Australia.