Terms of service

1. Purpose and acceptance of Terms

1.1 Welcome velara.com.au (Website), operated by EMP Industrial Australasia Pty Ltd (ABN 49 005 777 337) trading as Velara Australia (Velara, we, us or our) .

1.2 These terms and conditions (Terms) govern:

• your access to and use of the Website; and
• your purchase of products (Products) from us, whether ordered through the Website or via any other ordering method that we make available from time to time (including by telephone or email) (together, Sales Channels).

1.3 By accessing or using the Website or any other Sales Channel, you agree to be legally bound by these Terms and any other policies, notices or terms and conditions displayed on, or linked to from, the Website, including without limitation our:

• Privacy Policy;
• Shipping Policy; and
• Returns & Refund Policy,

in each case as amended from time to time (collectively, Policies).

1.4 By placing an order for Products through any Sales Channel (Order), you also agree to be legally bound by these Terms and the Policies. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use the Website or any Sales Channel or place an Order.

1.5 In these Terms, references to you or your mean the person who accesses or uses the Website and/or who places an Order.

2. Definitions

2.1 In these Terms, unless the context otherwise requires:

• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Content means all material made available on or through the Website, including all text, graphics, logos, photographs, images, videos, audio, data, software and other information.
• Intellectual Property means all intellectual property rights of whatever nature (whether registered, unregistered or registrable), including, without limitation, copyright, trademarks, service marks, logos, designs, trade names, domain names, patents, inventions, trade secrets and know-how.
• Sales Channels has the meaning given in clause 1.2.

2.2 Any reference in these Terms to the singular includes the plural and vice versa, to any legislation includes any modification or re-enactment of it, and to a person includes an individual, company, partnership or other body corporate.

3. Use of the Website

3.1 Unless we agree otherwise in writing, you may only access and use the Website for your own personal, non-commercial use.

3.2 You must ensure that your access to and use of the Website is not illegal or prohibited by any law that applies to you.

3.3 You must not use the Website or any Content:

• for any unlawful, fraudulent or malicious purpose;
• in any way that infringes the Intellectual Property or other rights of any person;
• to transmit, distribute or upload any viruses, malware or other harmful code;
• to send unsolicited commercial communications (spam);
• to interfere with, disrupt or attempt to gain unauthorised access to any part of the Website or any related system or network; or
• in any manner that we reasonably consider is inappropriate or may harm our reputation or that of another person.

3.4 The Website and its Content are provided to you "as is" and your access to and use of the Website is at your own risk, subject always to clause 14.

3.5 We may, at our sole discretion and without prior notice, stop, limit, suspend or withdraw, temporarily or permanently, your access to or use of the Website or any part of it.

4. Eligibility and accounts

4.1 By using the Website, you represent and warrant that you:

• are at least the age of majority in your state or territory of residence; and
• have the legal capacity to enter into a binding contract with us.

4.2 You may browse the Website and place Orders as a guest or by creating a customer account.

4.3 If you create a customer account, you:

• must provide current, complete and accurate information;
• must promptly update your account details if they change;
• are responsible for keeping your account log-in details secure; and
• are responsible for all activity that occurs under your account.

4.4 You must not:

• share your account log-in details with any other person;
• create an account in the name of another person without their consent; or
• sell, transfer or assign your account to any other person.

4.5 You must notify us promptly at customercare@velara.com.au if you become aware of any actual or suspected unauthorised use of your account.

5. Our Products

5.1 The Products offered for sale on the Website are physical goods only. Product descriptions, specifications and other details are provided for general information purposes.

5.2 While we make reasonable efforts to ensure the accuracy of information on the Website, to the maximum extent permitted by law and subject to clause 14:

• we do not warrant that any descriptions, images, colours, specifications or other Content on the Website are accurate, complete, current or error-free; and
• Products may vary slightly from their images or descriptions on the Website (for example, due to lighting conditions or device display settings).

5.3 We may, at any time and without prior notice:

• add, remove or change Products;
• change Product specifications; and
• limit the quantities of any Products available for purchase, including by person, household, region or jurisdiction.

6. Orders

6.1 The listing of Products on the Website, or any information provided by us through other Sales Channels, constitutes an invitation to treat, not a binding offer to sell. By placing an Order, you are making an offer to buy the Products in your Order from us in accordance with these Terms.

6.2 To place an Order, you must:

• select the Products you wish to purchase and add them to your online cart;
• provide current, complete and accurate delivery, billing and contact details;
• select your preferred shipping method and payment method; and
• submit your Order at the checkout page.

If you place an Order by telephone or email, the Order process will be as communicated to you by our customer service team at the time.

6.3 By placing an Order, you:

• make an offer to purchase the Products in your Order from us;
• authorise us (or our payment provider) to charge the total amount of your Order to your nominated payment method; and
• warrant that all information you provide in connection with the Order is accurate, complete and current.

6.4 After you place an Order, you may receive an email acknowledging that we have received your Order. This email is not acceptance of your Order.

6.5 An Order is accepted, and a separate binding agreement for the supply of the relevant Products is formed between you and us, when we issue you an email confirming that your Order has been accepted and is being processed or dispatched.

6.6 We may, in our sole discretion and without any liability to you, decline, cancel or not accept an Order (in whole or in part) at any time before dispatch, including for reasons such as Product unavailability, suspected fraud, errors in pricing or description, or where we are unable to obtain authorisation for payment.

6.7 If we cancel an Order (in whole or in part) after you have been charged, we will refund the relevant amounts to your original payment method as soon as reasonably practicable.

6.8 If you wish to change or cancel an Order after it has been submitted, please contact us at customercare@velara.com.au as soon as possible. We will use reasonable efforts to accommodate your request if the Order has not yet been dispatched, but we are under no obligation to do so.

6.9 You must not purchase Products from the Website for the purpose of commercial resale or export without our prior written consent.

7. Pre-orders

7.1 From time to time, we may offer Products for pre-order before they are available for general dispatch (Pre-order Products).

7.2 When you place an Order for a Pre-order Product:

• you acknowledge that the Product is not yet in stock;
• we will charge your nominated payment method at the time you place the Order; and
• any delivery timeframes provided are estimates only and may change.

7.3 We will use reasonable efforts to dispatch Pre-order Products within the estimated timeframe. However, to the maximum extent permitted by law and subject to clause 14, we are not liable for any delay in the availability or dispatch of Pre-order Products.

7.4 If a Pre-order Product becomes unavailable or we are unable to fulfil your Order, we may cancel your Order for that Product and will provide you with a refund of the amounts you have paid in respect of that Product.

8. Products, pricing and taxes

8.1 Prices for Products, delivery fees and any other applicable charges are displayed on the Website in Australian dollars (AUD), unless otherwise stated.

8.2 Unless expressly stated otherwise, prices displayed on the Website:

• are inclusive of Australian GST where applicable; and
• do not include shipping or delivery charges, which are shown separately at checkout.

8.3 Prices and delivery fees are subject to change at any time without notice. However, once we have accepted an Order, the price and delivery fee applicable to that Order will not be varied retrospectively, except in the case of an obvious error.

8.4 We may offer discounts or promotions in respect of Products from time to time. Any such discount or promotion is subject to the specific terms and conditions notified at the time of the relevant offer, and may be changed, extended or withdrawn by us at any time without notice.

8.5 For Orders shipped outside Australia, you are responsible for:

• any customs duties, import taxes, levies or other charges imposed by the destination country; and
• ensuring that the Products can be lawfully imported into the destination country.

9. Payment

9.1 We accept payment for Orders through the payment methods specified at checkout from time to time (which may include major credit and debit cards, PayPal, buy-now-pay-later services and other third-party payment gateways).

9.2 You acknowledge and agree that:

• payment processing services are provided by third-party providers;
• we do not receive or store your full payment card details; and
• your use of any third-party payment service is subject to that provider's own terms and privacy policy.

9.3 By providing your payment details, you warrant that:

• you are authorised to use the nominated payment method;
• the payment details you provide are true, correct and complete; and
• there are sufficient funds or credit available to complete your Order.

9.4 We will not dispatch the Products in your Order until we have received payment in full for that Order.

10. Shipping and delivery

10.1 We offer shipping to addresses within Australia and to such international destinations as are specified in our Shipping Policy from time to time.

10.2 Details of our current shipping options, delivery areas, fees and estimated delivery timeframes are set out in our Shipping Policy, which is incorporated into these Terms by reference.

10.3 Any delivery timeframes or dates provided on the Website or in communications from us are estimates only. To the maximum extent permitted by law and subject to clause 14:

• we do not guarantee any particular delivery date or time; and
• we are not liable for any loss, damage or expense arising from any delay in delivery, whether caused by the carrier, customs, weather events or any other factor beyond our reasonable control.

10.4 You are responsible for providing a complete and accurate delivery address and any delivery instructions. We will not be liable for any loss, damage or delay resulting from your failure to provide correct or sufficient information.

10.5 If a Product is lost or damaged in transit after it has been handed to the carrier, you should contact the carrier to make a claim. We may provide reasonable assistance to you in liaising with the carrier.

10.6 If delivery of a Product cannot be completed because of your act or omission (for example, because you have provided an incorrect address, you are not available to accept delivery, or you do not collect the Product from a collection point within the required timeframe), we may contact you to arrange re-delivery or otherwise handle the Order. Any additional costs associated with re-delivery or storage may be payable by you. We will deal with such situations on a case-by-case basis.

11. Title and risk

11.1 Title to the Products in an Order passes to you when we receive payment in full for that Order.

11.2 Risk of loss or damage to the Products passes to you from the time the Products are handed over by us to the carrier for delivery to you.

12. Gift cards

12.1 We may offer digital or physical gift cards for purchase (Gift Cards).

12.2 Unless otherwise stated:

• Gift Cards are denominated in AUD and may only be redeemed for Products purchased through the Website;
• a Gift Card is valid for three (3) years from the date of issue, or such longer period as required by law;
• any expiry date will be clearly displayed on the Gift Card;
• Gift Cards are not redeemable for cash, except to the extent required by law; and
• lost, stolen or damaged Gift Cards will not be replaced or refunded, except to the extent required by law.

12.3 Use of Gift Cards may be subject to additional terms and conditions notified at the time of purchase.

13. Returns and refunds

13.1 Our approach to returns, exchanges and refunds (including any change-of-mind returns we may offer) is set out in our Returns Policy, which forms part of these Terms.

13.2 To request a return, exchange or refund, you must follow the process described in our Returns Policy and contact us at customercare@velara.com.au.

13.3 Our Returns Policy operates in addition to, and does not limit, any rights you may have under the Australian Consumer Law or any other law that cannot be excluded.

14. Australian Consumer Law and non-excludable rights

14.1 Nothing in these Terms, the Policies or any other communication from us is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.

14.2 To the extent that any provision in these Terms is inconsistent with a right you have under such laws in respect of the supply of any Products or services, that provision does not apply to the extent of the inconsistency.

15. Reviews, user content and feedback

15.1 The Website may allow you to submit or upload content, including reviews, ratings, comments, photos, videos and other materials, and to tag or otherwise link your social media content to us (User Content).

15.2 By submitting or making available any User Content, you:

• warrant that you own, or have obtained all necessary rights and permissions to submit, the User Content and to grant the licence in clause 15.3;
• warrant that your User Content is accurate and does not infringe any person's rights (including Intellectual Property and privacy rights), is not misleading or deceptive, and is not unlawful, offensive, defamatory, obscene or otherwise objectionable; and
• acknowledge that your User Content may be made publicly available on the Website and/or our social media channels.

15.3 You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit your User Content in any media, for any purpose connected with our business (including marketing and promotional purposes), without any obligation to compensate you.

15.4 We may, but are not obliged to, monitor, edit, refuse to display, or remove any User Content at our discretion, including if we consider that it breaches these Terms or is otherwise inappropriate.

15.5 We are not responsible or liable for any User Content posted by you or any other user of the Website.

16. Intellectual Property

16.1 Unless otherwise indicated, we own or licence all Intellectual Property in the Website and the Content.

16.2 Your access to and use of the Website and Content does not grant you any right, title or interest in the Website, the Content or any Intellectual Property owned or licensed by us or any third party.

16.3 You must not, without our prior written consent:

• copy, reproduce, adapt, modify, publish, display, perform, distribute, store, transmit, decompile, disassemble or reverse engineer any part of the Website or the Content;
• create derivative works from the Website or the Content; or
• use any trademarks, logos or other marks displayed on the Website.

16.4 Any unauthorised use of the Website or the Content may infringe our Intellectual Property rights or those of third parties and may result in civil and/or criminal penalties.

17. Privacy

17.1 We handle personal information in accordance with our Privacy Policy, which is available on the Website and forms part of these Terms.

17.2 By using the Website or placing an Order, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, storage and disclosure of your personal information as described in that policy.

18. Electronic communications and SMS

18.1 When you use the Website or communicate with us by email, you agree that we may communicate with you electronically in relation to your Orders, your account (if applicable), and the operation of the Website.

18.2 If you provide your consent (for example, by ticking a box or otherwise opting in), we may send you marketing communications by email, SMS or other electronic means about our Products, promotions and news. You may withdraw your consent at any time by following the unsubscribe instructions in the communication or by contacting us at customercare@velara.com.au.

18.3 If we provide an SMS or mobile message service:

• standard message and data rates may apply;
• message frequency will vary;
• you can opt out of receiving marketing SMS at any time by following the instructions in the message or contacting us; and
• to the maximum extent permitted by law, we are not liable for any delay, failure or mis-delivery of any SMS message.

18.4 It is your responsibility to keep your contact details up to date so that we can communicate with you as required.

19. Website availability, disclaimer and viruses

19.1 To the maximum extent permitted by law and subject to clause 14:

• we do not warrant that your access to or use of the Website will be uninterrupted, timely, secure or error-free;
• we do not warrant that the Website or any Content is accurate, complete, reliable, up-to-date or suitable for any particular purpose; and
• you acknowledge that the Website and Content are provided for general information only and are not intended as advice on which you should rely.

19.2 Although we take reasonable steps to protect the security and integrity of the Website, we do not guarantee that the Website or any Content will be free from viruses or other malicious computer code. You are responsible for implementing appropriate virus checks and security measures on your devices.

20. Limitation of liability

20.1 To the maximum extent permitted by law and subject always to clause 14:

• we are not liable to you or any third party for any indirect, incidental, special, consequential or punitive loss or damage, or any loss of profit, revenue, goodwill or data, arising out of or in connection with your access to or use of (or inability to access or use) the Website, any Content, or any Products; and
• our total aggregate liability to you for any other loss or damage arising out of or in connection with these Terms, the Website, any Content or any Products, whether in contract, tort (including negligence), statute or otherwise, is limited, at our option, to the resupply of the relevant goods or services or the payment of the cost of having them resupplied.

20.2 Our liability is reduced to the extent that the loss or damage is caused or contributed to by you, including your misuse of the Website or breach of these Terms.

21. Indemnity

21.1 To the maximum extent permitted by law, you indemnify us and our directors, officers, employees, agents and related bodies corporate against all claims, actions, demands, losses, damages, costs and expenses (including reasonable legal costs) that we suffer or incur which arise out of, or in connection with:

• your access to or use of the Website or any Content;
• your breach of these Terms or any applicable law; or
• your breach of any rights of a third party (including Intellectual Property and privacy rights).

21.2 Your obligation to indemnify us under this clause 21 will be reduced to the extent that the relevant claim, action, demand, loss, damage, cost or expense is caused or contributed to by our negligence or wrongful act or omission.

22. Third-party links and services

22.1 The Website may contain links to websites, content or services operated by third parties. Those links are provided for your convenience only.

22.2 We do not endorse, approve or control, and are not responsible for, any third-party websites, content or services, or their privacy practices, terms of use or other policies.

22.3 Your access to and use of any third-party websites, content or services is at your own risk and subject to the terms and conditions of those third parties.

23. Severability

23.1 If any provision of these Terms is held to be invalid, void or unenforceable, that provision will be severed from these Terms to the extent of the invalidity, voidness or unenforceability and the remaining provisions will continue in full force and effect.

24. Waiver

24.1 Any failure or delay by us to exercise a power or right under these Terms does not operate as a waiver of that power or right.

24.2 A waiver of a power or right by us is not effective unless it is in writing, and applies only to the specific instance to which it relates.

24.3 All rights not expressly granted are reserved.

25. Amendments to these Terms

25.1 We may amend these Terms at any time by publishing the amended Terms on the Website. We are not required to provide you with notice of the amendments in advance.

25.2 The amended Terms will take effect from the date they are published on the Website, or such later date as may be specified in the amended Terms.

25.3 By continuing to access or use the Website, or by placing an Order, after the amended Terms have been published, you agree to be bound by the Terms as amended.

26. Governing law and jurisdiction

26.1 These Terms and any dispute or claim arising out of or in connection with them, the Website or any Products are governed by the laws in force in the State of Victoria, Australia.

26.2 You submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, the Website or any Products.

26.3 The Website may be accessed in Australia and overseas. We make no representation that the Content or Products available through the Website comply with the laws of any country other than Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with all laws in the place where you access the Website.

27. Effective date

27.1 These Terms are effective on and from 1 January 2026.