Welcome to the website of Venroy Pty Limited (ACN 613 311 934) trading as Venroy ("we", "us” or “our”).

Venroy is an Australian founded and owned direct-to-consumer retailer that makes versatile clothes to elevate everyday life through lighthearted escapism.

Our website located at https://venroy.com.au/ showcases our offering, and includes all of the files located in that domain (the “Site").

Acceptance of Terms and Conditions

1.1. By accessing this Site and using the online eCommerce services offered through the Site, including but not limited to:

• (a) accessing the Site and/or creating an account;
• (b) using the Site’s features and associated software, networks and processes;
• (c) purchasing one or more of the products from a Venroy Store or as offered on the Site (the “Products”); and
• (d) participating in Venroy's marketing and promotional communications; (collectively, the “Services”), you agree to be bound by these terms and conditions of use ("Terms and Conditions").

These Terms and Conditions constitute a binding agreement between you and Venroy and govern your use of this Site.

Use of Our Site

1.2. Your use of this Site is subject to these Terms and Conditions. The Terms and Conditions constitute a binding legal agreement between you and us, and your continued use of the Site constitutes your acceptance and acknowledgement of these Terms and Conditions, our Privacy Policy, and any other policy displayed on the Site, all of which constitute a part of the Terms and Conditions. If you do not agree to the Terms and Conditions, you must not use the Site.

2.3. Any time you visit the Site or use any of the features on the Site, you are taken to accept these Terms and Conditions.

2.4. We may amend or modify the Site, the Products, the Services, the Terms and Conditions and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Site. Your continued use of the Site indicates your continued acceptance of the Terms and Conditions as modified.

Legal capacity to transact

1.5. If you are under 18 years of age, you cannot place orders through this Site without the consent of a parent or guardian, who must read (and shall be bound by) these Terms and Conditions and Venroy’s Privacy Policy. By using this Site, you represent and warrant to Venroy that you are over the age of 18 years. Should Venroy suffer any damage or other Loss as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such Loss from the minor’s parents or guardians.

2. Definitions and Interpretation

Definitions

2.1. The following definitions apply in this Terms and Conditions unless the context requires otherwise:

Afterpay means Afterpay Pty Ltd (ACN 618 280 648), being an online third-party Payment Gateway that facilitates Buy Now, Pay Later services.

Business Days means any day other than a Saturday, Sunday or public holiday in the country in which an Order is being delivered.

Buy Now, Pay Later means any online service (including the service(s) employed by Venroy from time to time that allows Customers to pay for purchased Products in instalments.

Claim means any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise).

Customer means any person who engages Venroy for the purchase of our goods or services.

Klarna means Klarna Australia Pty Ltd (ABN 82 635 912 579), being an online third-party Payment Gateway that facilitates Buy Now, Pay Later services.

Loss means any loss, damage, debt, cost, charge, expense, fine, outgoing, penalty, diminution in value, deficiency or other liability of any kind or character (including legal and other professional fees and expenses on a full indemnity basis) that a party pays, suffers or incurs or is liable for, including all:

liabilities on account of tax; interest and other amounts payable to third parties; legal and other professional fees and expenses (on a full indemnity basis) and other costs incurred in connection with investigating, defending or settling any Claim, whether or not resulting in any liability; and (d) all amounts paid in settlement of any Claim.

Order or Orders means any purchase made by a customer from Venroy, whether in-store or online.

Payment Gateway means any online payment platform including Stripe, Paypal, Klarna, or any other gateway we may elect to use from time to time.

Paypal means PayPal Australia Pty Limited (ABN 93 111 195 389), being an online third-party Payment Gateway that facilitates Buy Now, Pay Later services,

Privacy Policy means our privacy policy available here.

Representative means Venroy directors, officers, contractors, employees, consultants, partners, advisors or other Affiliates.

Site means the whole or any part of the web pages located at https://venroy.com.au/ including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any other content of this Site.

Stripe means Stripe, Inc., being an online third-party Payment Gateway used for Venroy's billing purposes.

User means any person visiting or using the Site or Services whatsoever, regardless of whether
registered or unregistered.

Venroy Store means any of our store premises, as specified in Schedule 2 hereto or as updated by Venroy from time to time.

Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.

You, you, or your means any Customer, person, corporation or other body corporate, partnership, trust or association and any governmental agency and that person's personal representatives, successors, permitted assigns, substitutes, executors and administrators who uses or accesses the Site, including any User.

3. Restrictions on use

Prohibited conduct

3.1. By accessing and/or using the Site, you agree to comply with the rules set out below. YOU WILL NOT:

• use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
• engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
• use this Site to decipher passwords or security encryption codes,
  transmit any worms, viruses or Trojan horses, transfer or store illegal,
  threatening or obscene material or otherwise violate the security of
  any computer network;
• use this Site to violate any applicable local, state, national or
  international law, to engage in any misleading or deceptive online
  marketing practices or for any fraudulent or malicious purposes;
• use any spider, robot or search/retrieval application or any screen
  scraping, data mining or similar data gathering device, process, program
  or means to access, retrieve or index any portion of this Site;
• use this Site by any automated means;
• use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• use this Site to transmit junk mail, spam or chain letters or pyramid
  schemes or engage in other flooding techniques or mass distribution of
  unsolicited email;
• access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• nterfere with the display of any advertisements appearing on or in connection with this Site;
• reverse engineer, decompile, disassemble, adapt, modify, translate,
  frame or reformat any of the material contained on this Site;
• reproduce, duplicate, copy or store any of the material appearing on
  this Site other than for your own personal and non-commercial use;
• falsely imply that any other website is associated with this Site;
• do anything that leads, or may lead, to a decrease in the value of Venroy‘s intellectual property rights in this Site;
• use or exploit any of the material appearing on this Site for, or in
  connection with, any business or enterprise (whether for profit or
  otherwise), including any business or enterprise that is in competition
  with this Site;
• release to the public any news release, advertising material,
  promotional material or any other form of publicity or information
  relating to Venroy without Venroy's prior written consent; or
• use this Site to transmit any information or material that is, or may reasonably be considered to be:
• be abusive, threatening, harassing, harmful, obscene, indecent, lewd,
  inflammatory, violent, vulgar, profane, racially, ethnically or
  otherwise objectionable or offensive in any way;
• be libellous, defamatory, use pornographic material, sexually explicit, unlawful or plagiarised material;
• infringe upon or violate any copyright, trade mark, patent or other intellectual property or proprietary right;
• be in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
• be in breach of any person’s privacy or publicity rights;
• misrepresent facts, including the impersonation of any person or entity
  or a misrepresentation of an affiliation with any person or entity
  (including any sponsorship or endorsement);
• violate any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
• use material containing any political campaign material, advertisements or solicitations; or
• do anything that is likely to bring Venroy or any of its staff into disrepute.

Violations of these Terms and Conditions

3.2. Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the rules as set out in these Terms and Conditions, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to these Terms and Conditions may result in any of your User Content being removed from the Site.

3.3. Without limiting any other remedies available to Venroy at law or in equity, Venroy reserves the right to, without notice:

• a) temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:

i) you breach any provision of these Terms and Conditions;

ii) Venroy is unable to verify or authenticate any information that you provide to us; or

iii) Venroy believes that your actions may cause damage and/or legal
liability to Venroy, any of its customers or suppliers or any other
person; and

• (b) remove or block access to any information and/or materials (in whole
  or in part) that Venroy, at its sole and absolute discretion, regards
  in any way to be objectionable or in violation of any applicable law,
  any person's intellectual property rights or these Terms and Conditions.

Indemnity

You indemnify and hold harmless Venroy and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any Loss, liabilities, costs, expenses or damages (including actual, special, indirect and consequential Loss or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• a) any material or information that you submit, post, transmit or otherwise make available through this Site;
• b) your use of, or connection to, this Site; or
• c) your negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.

3.5. This indemnification obligation will survive termination of the Terms and Conditions and any misuse of the Site.

Registration and account security

Requirement for registration

4.1. Venroy reserves the right to make any part of this Site accessible only to Users who have registered an Account. For the avoidance of doubt, this may include restricting the ability for Customers to place an Order for our Products via our Site without registering an Account with Venroy.

Username and password

4.2. From time to time, upon registration with this Site, you may be required to provide a username and password to access your account. You are responsible for maintaining the security of your password for this Site. Venroy will not be liable for any Loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Venroy will be entitled to assume that any person using this Site with your username and password is you or your authorised representative.

4.3. You must notify Venroy immediately of any known or suspected unauthorised use of any password or any other breach of security. User information

4.4. In order to register an account with this Site, you must agree to these Terms and Conditions and where we require from time to time, you must provide Venroy with:

• a) your name and/or business/company name (including, if applicable ABN/ACN);
• b) a valid email address;
• c) accurate billing and contact information (including your delivery
  address or principal place of business, and the name and telephone
  number of your authorised billing contact and administrator); and
• d) any other information that may be required by Venroy during the registration process.

4.5. You must promptly update the information as outlined in clause 4.4 above to maintain its accuracy at all times.

4.6. You represent and warrant to Venroy that all information provided to us by you, including the information provided by you as entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

4.7. By accessing our Site, you represent and warrant that your use of the Site is not in breach of any applicable laws.

4.8. The Site may contain links to external websites. By accessing these external websites, you warrant that you will abide by the terms and conditions and privacy policies of such websites, and further acknowledge that Venroy is not responsible for the maintenance, content, or privacy practices associates with these external websites.4.9. Customers must take their own precautions to ensure that their process for accessing the Site does not expose themselves to any viruses, malicious computer code or other forms of interference that may negative impact your device. As a strict security measure, we advise that you logout of your Account after each use to avoid unauthorised use. Venroy shall bear no responsibility for any such damage that may be incurred in connection with your use of this Site.

Multiple accounts and automated account opening

4.10. One person or entity may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.
Approval of registrations

4.11. Venroy reserves the right to accept or reject any application for registration of an account with this Site at its absolute discretion.

5. Pricing and Payments

Pricing

5.1. Full payment for all Venroy Products must be made at the time of such purchase, unless the Customer makes a payment through one of the Buy Now, Pay Later Payment Gateways provided on the Site.

5.2. All prices listed on our Site are in Australian Dollars (AUD) and are inclusive of GST.

5.3. Venroy reserves the right to amend the prices of any Products listed on our Site or displayed in our Venroy Stores from time to time at our absolute discretion.

5.4. Once an Order has been placed online via our Site or in-person at a Venroy Store, and such Order has been accepted by us, the terms (including the price) of this purchase cannot be changed unless Venroy and the Customer come to an agreement in writing.

5.5. All prices listed on our Site are exclusive of delivery costs, which may vary from time to time in accordance with Schedule 1 of these Terms and Conditions (Venroy Shipping Terms).

Payment Methods

5.6. We accept the following methods of payment: Visa, MasterCard, American Express, Apple Pay, Shop Pay, Global-e and Paypal. Please note that we may, in some cases, refuse to accept certain credit cards issued by banks outside of Australia. For International orders (outside of Australia), Venroy has partnered with Global-e, whom offer additional payment methods at the checkout. Venroy may from time to time, at its absolute discretion, charge additional transaction fees for credit card payments.

5.7. Venroy gift cards are also accepted as payment for certain products as specified from time to time and may be used online via on our Site or at Venroy Stores. Venroy gift cards will be available for use for a period of three years from the date of purchase.

Gift cards

5.8. Gifts cards may be purchased via the Site and range from fifty to one-thousand Australian dollars ($50 - $1,000 AUD).

5.9. Venroy may email electronic gift cards to you or to your selected recipient. By purchasing a gift card from Venroy, you understand and agree that Venroy shall accept no liability for errors in the email address provided to us. Gift cards are non-redeemable for cash and are not eligible for return.

5.10. You accept full responsibility for the use and safety of your gift cards - you should treat them like cash. Venroy is absolved of all liability for the loss, theft, or to the extent permitted by law, illegibility of gift cards, including any use of the gift card without your permission or due to a breach of the relevant email account.

5.11. In the event of fraud, misuse, any attempt to deceive Venroy, or in the event we suspect other illegal activities in connection with the purchase or redemption of gift cards, Venroy retains the right to close or block access to your Account and/or require a different means of payment for your Order. Venroy may also block gift cards if we are notified by a relevant authority that such gift card has been obtained illegally.

Billing

5.12. Venroy conducts its online payments and secure in-person payment transactions through a Payment Gateway and may elect to use any other Payment Gateway from time to time in its absolute discretion.

5.13. To make shopping easier, Venroy also offers Buy Now, Pay Later options through the Payment Gateways, Afterpay and Klarna, for Customers within Australia.

5.14. Payments made through any Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Conditions.

5.15. Payments for online Orders will be processed immediately upon confirmation of your online Order.

5.16. Unless you expressly consent otherwise, we do not see, store, or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your order (e.g., your name, email address and billing address).

5.17. Venroy does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit card details, you confirm that you are authorised to use that payment method, and you authorise Venroy, through the Payment Gateway to charge your payment method for the total amount of your order. Security

5.18. While our Payment Gateway and Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential Loss (whether direct or indirect), that may be suffered by a customer whose credit card, email address or bank account information is used in a fraudulent or unauthorised manner by any person or entity other than Venroy.

5.19. Venroy may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud.

5.20. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Venroy considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

6. Orders

Placing an Online Order

6.1. You may place an online Order by following the instructions on the Site.

6.2. By placing an order through this Site, you make an irrevocable offer to us to purchase the Services that you have selected pursuant to these Terms and Conditions.

6.3. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any Services to you – however, Venroy will endeavour to supply your selected Products to you.Click and Collect

6.4. Customers may be able to place an Order at any time on our Site for collection from a Venroy Store between the hours of 10am and 4pm on Monday to Friday, for no additional fee (“Click and Collect”).

6.5. If your Order is eligible for Click and Collect, the option will be displayed at the first stage of checkout.

6.6. Click and Collect Orders placed before 4:00pm can be picked up on the same day. Orders placed after 4:00pm can be picked up the following day. You will be contacted via email when your order is ready for pick up at your preferred Venroy Store, subject to availability.

Acceptance of orders

6.7. Acceptance of each Order will take place if or when Venroy notifies you in writing that your Order has been accepted, at the time at which such notification is sent by Venroy via email.

6.8. Venroy reserves the right at our discretion to:

6.8.1. at any time prior to your order being accepted in accordance with these Terms and Conditions, cancel all or part of your order; and

6.8.2. at any time:

i) refuse to provide Products or Services to you;

ii) terminate your access to this Site; and/or

iii) remove or edit any content on this Site.

6.9. Venroy‘s primary form of communication with Customers is via e-mail. Accordingly, Customers acknowledge and agree that it is their sole responsibility to ensure that the correct contact details are entered when placing an Order and that the nominated e-mail address is regularly checked for correspondence. It is preferential that the Customer populate the field requesting their mobile phone number to ease the delivery process.

6.10. Venroy reserves the right to decline an Order placed by you and may cancel your online Order at any time.

6.11. In the event that Venroy cancels an online Order that has not yet been dispatched to the Customer, any monies paid in relation to that Order shall be refunded in full. Any such refund or cancellation will be confirmed by Venroy via e-mail.

Products out of stock

6.12. From time to time when a Product is out of stock, Venroy will indicate same on their Site and use their best efforts to restock the Product. Customers have the option to receive an e-mail notification when Products are restocked. Venroy reserves the right to remove any Products from the Site at any time and at their absolute discretion.

6.13. Venroy does not accept any responsibility for online Orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Venroy or its Representatives. Venroy shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.

7. Delivery

Shipping and Delivery

7.1. All Products are shipped from Venroy’s warehouse in Homebush, NSW, Australia and are available for delivery domestically (that is, within Australia) and internationally.

7.1. All Products are shipped from Venroy’s warehouse in Homebush, NSW, Australia and are available for delivery domestically (that is, within Australia) and internationally.

7.3 Shipping prices may vary from time to time depending on:

(a) the provided delivery location (i.e. domestic (rural or metropolitan) or international, etc); and

(b) the delivery option selected by the Customer (i.e. express shipping, standard shipping, same-day shipping, international shipping, etc).

7.4. The date of dispatch displayed on the Site at the time that an Order is placed is an estimate only and is subject to change.

7.5. Where a Customer gives written authority for Products to be delivered to the provided address without signature, any and all insurance cover will be voided and the liability of such Products transfers to the Customer.

7.6. Orders placed before 10:00 am AEDT (Monday to Friday) are dispatched on the same day, and in peak trade, an additional 2-3 business days.

7.7. Orders placed after 10:00 am AEDT (Monday to Friday) are dispatched the following business day, and in peak trade, an additional 2-3 business days.

7.8. Once your Order is received, you will be notified via email. We will also notify you and provide tracking information when your order is dispatched. For a more specific estimated time of arrival (“ETA”) in domestic locations, we recommend using the Australia Post Calculator (https://auspost.com.au/parcels-mail/calculate-postage-delivery-times/#/).

7.9. For orders sent to Western Australia, we recommend Express Shipping to avoid delays. For updated Australia Post shipping times for Western Australia please see the Australia Post Domestic Delivery Times page (https://auspost.com.au/service-updates/domestic-delivery-times).

Same-Day Delivery Terms (Sydney Only)

7.10. For an Order to be delivered to the Customer’s provided delivery location by 6:00 pm on the same day (“Same-Day Delivery”), the Order must be placed on the Site before 11:00 am AEST between Monday to Friday. Same-Day delivery is not available on weekends and public holidays.

7.11. Fees for Same-Day Delivery start at $15, noting that this fee is dependent on the Customer’s postcode and accordingly, may vary at checkout. This Same-Day Delivery service available to a limited range of Australian (only) postcodes. If our Same-Day Delivery service is available in your postcode, the option for same will automatically be displayed at checkout. If your postcode is unavailable, please contact Customer Care at info@venroy.com.au or call +612 9331 1123 for further assistance.

Three-hour Delivery

7.12. For an Order to be delivered to a Customer’s provided delivery location within a three-hour window (“Three-Hour Delivery”), the Order must be placed before 2:00 pm AEST between Monday to Friday. For the avoidance of doubt, our Three-hour Delivery service is not available on weekends and public holidays.

7.13. Fees for Three-hour Delivery start at $20, noting that this fee is dependent on the Customer’s postcode and accordingly, may vary at checkout. This Three-hour Delivery service is only available to Customers located in Australia.International Shipping

7.14. All international Orders are shipped from Sydney, Australia via DHL Express to all countries excluding Russia with flat shipping rates and return fees. Orders for delivery in the United States of America shall be eligible for free express shipping on all Orders over $200.

7.15. If you do not live in Australia, please be aware of any import duties and taxes that may be charged on delivery to your country. Duties and taxes will be based on the value of the order and the tax-free threshold (if it exists) for goods imported and shall vary to reflect the laws and regulations of different countries. By placing an international Order, the Customer agrees that they are solely responsible for any corresponding import duties and taxes, and represents and warrants that such costs will not, in any circumstances, be covered by Venroy.

8. Returns, Exchanges and Cancellations

8.1. We offer exchanges on returns of full-priced items submitted within fourteen (14) days provided that such Products have no signs of use and are returned to Venroy in the same condition in which it was delivered to the Customer, with all tags intact, unwashed, and unworn. For Australian Orders, you can make exchanges via our Local Returns Portal, and all other Orders can be exchanged through our International Portal.

Returns

8.2. If for any reason you change your mind about a full-priced Product purchased from our Site, we are happy to facilitate a refund. To be eligible for a return, the Product must be received by Venroy, either at our warehouse or at a Venroy Store, within fourteen (14) days of delivery to the Customer. For the avoidance of doubt, online Orders can be returned to a Venroy Store.

Venroy Returns
C/O Plan A Logistics
Unit D1B Campus Business Park
350 Parramatta Road
Homebush, 2140
Australia

8.3. If returning a Product to a Venroy Store, please bring your order confirmation email with you as proof of purchase. Your return will be assessed and, if accepted, will be refunded to your original form of payment or exchanged. Any such refund will only be granted on the premise that the Product displays no signs of use and is returned to Venroy in the same condition in which it was delivered to the Customer, with all tags intact, unwashed, and unworn.

8.4. Where you are returning an Order to us due to a Product being defective or faulty, or because of our failure to comply with a consumer guarantee under the relevant statute, we will facilitate a refund or exchange as we deem appropriate at our absolute discretion. After emailing our Customer care team at info@venroy.com.au with imagery and a description of the damaged or faulty Product/s, Venroy will advise of the outcome and if applicable, provide instructions to return the faulty Product/s. Product/s must be returned in its original packaging and delivered in-person to a Venroy Store or shipped to our headquarter address, being:

Venroy Returns
C/O Plan A Logistics
Unit D1B Campus Business Park
350 Parramatta Road
Homebush, 2140
Australia

8.5. We do not cover the cost of postage on returns due to dissatisfaction or a change of heart. We will only cover the cost of postage on returns if your order is faulty. Customers shall be responsible for any shipping costs associated with a return or exchange or Venroy Products, and are solely liable for the Product until it arrives at our warehouse.

8.6. Return Instructions: We offer flat rate returns on Australian orders. A pre-paid returns label will be issued for a flat rate of $12.00, which will be deducted from your refund at the time of processing. Please note that local post services can take 5–7 business days to return your parcel. At that point of processing, we will confirm its arrival, and your refund, exchange, or store credit will be applied. We appreciate your patience.

8.7. For additional information, please call us on +61(2) 9331 1123 or by email at info@venroy.com.au. Exchanges

8.8. Due to the fast sell-out of items, please bear in mind when making an exchange that Venroy cannot guarantee that the Product you have requested will still be available at the time your exchange is received and processed.

8.9. For Australian-based Orders, Venroy’s instant exchange process ensures that you receive your new order before your original order has been returned. Simply follow the steps through the returns portal, select “Instant Exchange” and you will be asked to enter your card information, and an exchange Order will be created immediately. A temporary fee for the new product will be placed on your credit/debit card, however, no payment will be processed. As soon as the Product is in transit back to us, the hold will be removed. If an Order is not returned within the fourteen (14) day return window, the total fee will be charged to your card. For International Orders, exchanges can be made through a customer service representative at Venroy who can organise a replacement item for you, should this be available. You can contact us at info@venroy.com.au.

Exceptions to return and exchange policy

8.10. Sale items: sale items purchased during a promotion or at a discounted price are a final sale. Subject to subclause 8.4, no refunds or exchanges will be provided at any time for discounted Products unless such Products are deemed to be defective, faulty, or otherwise fail to comply with consumer guarantees.

8.12. Swimwear: Please wear undergarments when trying on swimwear and do not remove the sanitary protective film. Returns of swimwear will not be accepted if this film has been removed or the garment has been soiled or worn.

8.13. Eyewear: Returns or exchanges of eyewear purchased from Venroy will not be accepted unless such Products are deemed to be defective or faulty.

8.14. Footwear: Returns of footwear will not be accepted if the Product has scuff marks and/or any signs of wear, or the original shoe box is damaged. Please try on all footwear on a soft carpeted surface before wear.

8.15. Fragrance: Returns or exchanges of fragrance or EDP (Eau de Parfum) purchased from Venroy will not be accepted unless such Products are deemed to be defective or faulty.

9. GST

9.1. Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

10. Intellectual property

Copyright

In these Terms and Conditions, the term "Proprietary Content" means:

• a) this Site;
• b) all of its content (including all of the text, graphics, designs,
  software, data, sound and video files and other information contained in
  this Site or any Venroy marketing material, and the selection and
  arrangement thereof); and
• c) all software, systems and other information owned or used by Venroy
  in connection with the Services offered through this Site (whether
  hosted on the same server as this Site or otherwise).

10.2. All Proprietary Content is the property of Venroy or its licensors (as applicable) and is protected by Australian and international copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms and Conditions or with the prior written consent of Venroy or other copyright owner (as applicable).

10.3. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove, modify, reproduce, adapt, display or distribute any copyright, trade mark or other proprietary notices.

Trade marks

10.4. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trade marks, service marks and/or trade dress of Venroy. These trade marks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the express prior written consent of Venroy or third party
owner.

User Content

10.5. In these Terms and Conditions, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any User, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This Site may from time to time contain some features that enable Users to upload User Content. Venroy reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you may upload, you:

• a) represent and warranty to Venroy that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
• b) grant to Venroy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Venroy's absolute discretion.

Copyright claims

If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing at info@venroy.com.au. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

11. Photography

11.1. You consent to allow Venroy to include any photographs or video content taken by Venroy, any third-party photographer or by you as posted on social media for use in our marketing material on the Site and across any social media platforms of Venroy, unless you provide us express written notice revoking such consent.

12. Promotions

12.1. For certain campaigns, promotions or contests, additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms and Conditions, the terms and conditions for the relevant campaign, promotion or contest will prevail.

12.2 Venroy has the right to cancel/recall orders that are purchased using an unauthorised discount/promotional code.

12.3 *Offer available from 29th Nov - 2nd Dec 2024, while stocks last and/or unless otherwise withdrawn or extended. The offer includes receiving complimentary pair of limited-edition plush hotel slippers when the total order value is $250 AUD or over in one single transaction and the sample is redeemed at check out. This offer is available online and is non-transferable. For full terms and conditions please visit venroy.com

13. Social Media

13.1. You acknowledge and agree that the information contained on our Site and other associated Venroy social media channels, including but not limited to Instagram, Facebook, Twitter, LinkedIn, Pinterest, YouTube, or TikTok is for general information only. While we endeavour to keep the information up to date, Venroy make no representations or Warranties, express or implied, as to the accuracy or completeness with respect to the information contained on our Site and other related Venroy social media channels.

13.2. You agree that neither Venroy nor any of its Representatives shall have any liability to you relating to or resulting from the use of, or reliance upon, the information contained on our Site and other related Venroy social media channels.

13.3. For the avoidance of doubt, Venroy makes no representations or warranties about any third party website or social media channel which you elect to access through this Site. Third party websites and social media platforms are not under the control of Venroy, and we are not responsible for the accuracy of any information on any platform other than the Venroy Site, nor do we monitor or review the content of any other website. You must take your own precautions to ensure that a third party website and/or social media platform that you access by link from this Site is free from viruses, worms, trojan horses and other material of a destructive nature.

14. Disclaimer of Warranties

14.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENROY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS Site AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

14.2. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Venroy and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

• a) the use of this Site will be secure, timely, uninterrupted or
  error-free or operate in combination with any other hardware, software, system or data;
• b) this Site will meet your requirements or expectations;
• c) anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
• d) the quality of any Services, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
• e) errors or defects will be corrected; or
• f) this Site or the servers that make it available are free of viruses or other harmful components.

15. Limitation of liability

Exclusion of liability

15.1. To the maximum extent permitted by law, Venroy and its officers, employees, agents, consultants, licensors, partners and affiliates disclaim all liability to you or any other person for any Loss, cost, expense, Claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any Loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this Site by you or any other person. Remedies limited

15.2. To the maximum extent permitted by law, Venroy and its Representatives, officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Venroy's sole discretion):

• a) in the case of Products, to any of the following:

i) the replacement of the Products or the supply of equivalent goods;
ii) the repair of the Products;
iii) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
the payment of the cost of having the Products repaired; and

• b) in the case of services:

i) the supply of the services again; or
ii) the payment of the cost of having the services supplied again.

Release

15.3. You agree that your use of this Site is at your own discretion and risk. You agree that you will be personally responsible for your use of this Site and you agree to release Venroy and its officers, employees, agents, consultants, licensors, partners and affiliates from any Claim, demand or cause of action that you may have against any of them arising from these Terms and Conditions or the use of this Site by you or any other person. Venroy may plead this release as a bar and complete defence to any Claims or proceedings.

Force majeure

15.4. To the maximum extent permitted by law, and without limiting any other provision of these Terms and Conditions, Venroy excludes liability for any delay in performing any of its obligations under these Terms and Conditions where such delay is caused by circumstances beyond the reasonable control of Venroy, including but not limited to, acts of God, fire, flood, explosion, pandemic, epidemic, cyber-attack, war or terror, action or request of governmental authority, accident, labour trouble or shortage, or any other circumstances of a similar or different nature beyond the reasonable control of the Party affected (“Force Majeure”), and Venroy shall be entitled to a reasonable extension of time for the performance of such obligations.

16. General

Interpretation

16.1. In these Terms and Conditions, the following rules of interpretation apply:

• a) headings are for reference purposes only and in no
  way define, limit or describe the scope or extent of any provision in
  these Terms and Conditions;
• b) these Terms and Conditions may not be construed adversely against Venroy solely because Venroy prepared them;
• c) the singular includes the plural and vice-versa;
• d) a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• e) the meaning of general words is not limited by specific examples
  introduced by "including", "for example", "in particular" or similar
  expressions.

Notifications

16.2. Venroy may provide any notification for the purposes of these Terms and Conditions by email and/or by adding the notification into your user control panel.

Email

16.3. You agree that you are responsible for ensuring that content provided to you by Venroy via email is not collected in your own junk or spam filters and Venroy shall not be held liable or accountable for any loss of communication if this is the case.

16.4. You have the option to discontinue receiving communication and/or emails from Venroy by unsubscribing from our email communications at any time.

Title and Risk

16.5. Title and risk in Venroy Products shall be passed to you:

(a) For online Orders: from the point of dispatch by Venroy or a third-party delivery service; or

Costs

16.6. Except as specifically provided in these Terms and Conditions, each party must bear its own legal, accounting and other costs associated with these Terms and Conditions.

Assignment

16.7. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without Venroy's prior written consent. Your registration with this Site is personal to you or your business and may not be sold or otherwise transferred to any other person.

16.8. Venroy may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions or any other policy on our Site at any time without notice to you.

No waiver

16.9. Waiver of any power or right under these Terms and Conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Venroy to act with respect to a breach by you or others does not waive Venroy's right to act with respect to that breach or any subsequent or similar breaches.

Severability

16.10. The provisions of these Terms and Conditions are severable and, if any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Amendments

16.11. Venroy reserves the right to amend these Terms and Conditions and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Services offered through this Site.

Dispute Resolution

16.12. The parties agree:

• (a) to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms and Conditions;
• (b) any agreement reached between the parties must be reduced to writing and will be binding on the parties;
• c) where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the  dispute through mediation; and
• d) such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator 
  appointed by the Resolution Institute, or any entity which replaces it.

16.13. The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms and Conditions cannot be resolved.

Governing law and jurisdiction

16.14. These Terms and Conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Survival

16.15. Any provision of these Terms and Conditions which, by its nature, would survive termination or expiration of these Terms and Conditions will survive any such termination or expiration of these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns, licensees, and sublicensees.No Third Party Beneficiary Rights

16.16. No person, firm, corporation, partnership, business, entity or business organisation, except as specifically provided for herein, shall be deemed a third party beneficiary under these Terms & Conditions.

Entire Agreement

16.17. Except as expressly agreed by us and you in writing, these Terms and Conditions (which incorporate other policies such as the Privacy Policy) constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.