Terms of Service

Velo Beauty

Terms and Conditions

  1.   Background

1.1 These Terms and Conditions apply to each contract for the supply of cosmetic products (Goods) by or on behalf of,  The Past Group Pty Ltd ACN 628 935 455 of  PO Box 634, Glenelg SA 5044 (The Past Group) to any customer (Customer).

  1.   Terms and Conditions

2.1 A contract for the supply and purchase of Goods (Contract) will be formed, on these Terms and Conditions, immediately when a Customer submits an online purchase order for Goods or otherwise requests that Goods be supplied by The Past Group (Order).

2.2 No terms and conditions contained in or deemed to be incorporated by an Order (if any) will apply in substitution of these Terms and Conditions or in any way override or amend these Terms and Conditions.

2.3 These Terms and Conditions together with the relevant Order constitute the entire agreement between The Past Group and the Customer.

2.4 A Customer must not cancel any Contract without:

(a) the prior written consent of The Past Group; and

(b) on terms that will indemnify The Past Group for all costs, expenses and losses incurred as a result of that cancellation.

  1.   Risk and Ownership of Goods

3.1 Risk of loss, or damage, to the Goods passes to the Customer on delivery which will occur upon delivery by The Past Group to a location nominated by the Customer (Delivery).

3.2 For each Order, if a claim in respect of a shortage of Goods has not been lodged with The Past Group within 7 days of the Delivery of some or all of the Goods the subject of the Order, The Past Group will be deemed to have delivered all of the Goods the subject of the Order.

3.3 Ownership of, and title to, the Goods passes to the Customer only upon payment in full by the Customer of the total invoiced price for the Goods and any other amounts due by the Customer to The Past Group.

3.4 Until payment (in full) of the invoiced price for the Goods:

(a) The Past Group retains full legal title to the Goods;

(b) if the Goods are in the Customer’s possession, the Customer will hold the Goods as trustee for The Past Group and must store the Goods so that they are clearly identifiable as the property of The Past Group; and

(c) The Past Group may call for, and recover possession of, the Goods (for which purposes The Past Group’s employees or agents may enter the Customer’s premises and take possession of the Goods without liability) and the Customer must at its own cost, deliver the Goods to The Past Group if requested to do so by The Past Group.

  1.   Price and Payment

4.1 Unless otherwise stated, all prices are exclusive of GST. If GST is, or becomes, payable in respect of any supply made by The Past Group to the Customer, the payment for that supply will be increased by an amount equal to the GST payable.

4.2 Prices are those set out in the online invoice for the Goods unless varied in writing by The Past Group and the Customer (Invoice) and may be increased by The Past Group for any additional transportation, freight, storage, handling, insurance, government, statutory or regulatory charges that relate to the supply of the Goods (if any).

4.3 The Customer must pay each Invoice at the time that the Order is submitted online (Due Date). In order to make payment the Customer must choose one of the payment options that are available on the website. The Past Group will not be liable or responsible for the decisions of payment providers to allow the Customer the use of their service, nor does the Past Group provide any warranties or assurances about them. By placing the Order the Customer expressly authorizes the Past Group (before acceptance of the order) to perform credit and security checks and if required to transmit or obtain information about the Customer to or from third parties from time to time.

4.4 If the Customer fails to pay any Invoice (in full) on or before the due date, the Customer must pay to The Past Group any costs, expenses or losses incurred by The Past Group as a result of that failure and The Past Group may (without prejudice to any other rights or remedies that it may have):

(a) charge interest at a rate not exceeding the  Commonwealth Bank of Australia's overdraft rate plus 2% on overdue amounts;  and

(b) suspend any further deliveries to the Customer or terminate any Contract in relation to undelivered Goods.

  1.   Insolvency

5.1 If the Customer becomes, or resolves to become, subject to any form of insolvency administration, then:

(a) the Customer must notify The Past Group immediately;

(b) all amounts outstanding by the Customer to The Past Group immediately become due and payable; and

(c) the Customer's right to possession of any Goods supplied by The Past Group which have not been paid for in full by the Customer ceases, and The Past Group will be entitled to recover possession of those Goods under clause 3.4.

  1.   Warranties, Exclusions and Limitation of Liability

6.1 This clause 6 does not exclude or limit the application of any statutory provision where to do so would contravene that statute or cause any part of this clause 6 to be void.

6.2 Except for any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void (Non-Excludable Warranties), The Past Group excludes all other conditions and warranties implied by custom, the general law or statute.

6.3 The liability of The Past Group under any of the Non-Excludable Warranties is limited to:

(a) in the case of Goods, replacing the Goods,  repairing the Goods or payment for the cost of replacing or repairing the Goods.

6.4 The Past Group is not responsible for any non-Delivery or failure to supply Goods on the date agreed between the parties and the Customer is not entitled to cancel any order as a result of that failure.

6.5 The Past Group will not be liable for any personal injury, incidental damages, consequential losses, loss of profit, costs of business interruption, loss of opportunities or any like claims whatsoever arising from any use of, or incidental to, the Goods or arising out of The Past Group's negligence or breach of the Contract.

6.6 If the Goods are, or any component part of the Goods is, supplied to The Past Group by a third party, any warranty offered by The Past Group in relation to the Goods or component part of the Goods will be limited to The Past Group's right of redress (if any) against the third party vendor.

6.7 The provisions of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from all Contracts.

  1.   Intellectual Property

7.1 The Past Group owns (and the Contract does not transfer ownership of) all intellectual property rights (including, without limitation, trade marks, registered designs, patents and know how) in or in connection with or relating to the Goods.

  1.   Returns

8.1 In the event that the Customer changes their mind about the Goods purchased, then they may within 30 days from the original date of Delivery of the Goods, exchange the Goods subject to the following terms and conditions:

(a) The Goods must be in their original, unopened and unused condition;

(b) The packaging of the Goods must be unopened, unmarked and not defaced in any way;

(c) If the Goods were purchased as part of a multi-item package then the package must be returned as a whole;

(d) The Customer must have a receipt; and

(e) The Customer is responsible for all shipping costs associated with returning the Goods.

The Customer must complete a returns form provided by the Past Group and post the Goods along with the completed returns form to the Past Group’s head office. If the above conditions have been met then the Past Group will then process the return within 7 business days of receiving the return of Goods in exchange for an alternative product(s) of the same value of the returned Goods for or a credit voucher to the same value of the returned Goods to be used with the Customer’s next online purchase.

8.2 In the unlikely event that Goods are damaged or incorrect then the Customer may within 30 days from the original date of Delivery of the Goods, return the Goods for a full refund of the purchase price subject to the following terms and conditions:

(a) The Goods must be in their original, unopened and unused condition;

(b) If the Goods were purchased as part of a multi-item package then the package must be returned as a whole;

(c) The Customer must have a receipt;

(d) Only if the Past Group, at their discretion, reasonably find the Goods to be damaged or incorrect; and

(e) The Past Group will be responsible for all shipping costs associated with returning the Goods if the Past Group find that the Goods are damaged or incorrect.

The Customer must complete a returns form provided by the Past Group and post the Goods along with the completed returns form to the Past Group’s head office.  If the above conditions are met then the Past Group will then process the return within 7 business days of receiving the return of Goods in exchange for a full refund of the purchase price paid by the Customer to be refunded in the same form as the original payment. 

8.3 In the unlikely event that Goods are faulty then the Customer may, prior to the expiry date printed on the Goods, return the Goods for a full refund of the purchase price subject to the following terms and conditions:

(a) The Customer must have a receipt;

(b) Only if the Past Group, at their discretion, reasonably find the Goods to be faulty; and

(c) The Past Group will be responsible for all shipping costs associated with returning the Goods if the Past Group find that the Goods are faulty.

The Customer must complete a returns form provided by the Past Group and post the Goods along with the completed returns form to the Past Group’s head office.  If the above conditions are met then the Past Group will then process the return within 7 business days of receiving the return of Goods in exchange for a full refund of the purchase price paid by the Customer to be refunded in the same form as the original payment. 

8.4 The Past Group is not under any obligation to accept Goods returned by the Customer.

8.5 If the Past Group reasonably believes that the Goods have been used and/or the packaging has been opened then in such case the Past Group will not accept the returned Goods.

  1.   Disputes

9.1 The parties shall co-operate to investigate promptly and resolve any dispute concerning the accuracy of any invoice/ amount payable and any other issue arising pursuant to the Contract.

9.2 In the event of a dispute as to fees and charges, the Customer shall notify The Past Group of any dispute in writing no later than 21 days for the Due Date, providing sufficient information to identify the grounds of dispute. Failure to make such notification within the time frame shall be deemed to be a waiver of the Customer’s rights to dispute the relevant invoice/ amount payable.

9.3 On receipt of a notice disputing fees under clause 9.2, the Representatives of both parties shall meet within five [5] Business Days and discuss and do all things reasonably required to expeditiously and amicably resolve the dispute.

9.4 In the event the parties are unable to resolve the dispute within [10] Business Days of the commencement of discussions under clause 9.3, each party shall internally escalate to an executive of the party. The executive shall within ten [10] Business Days attempt to resolve and settle the dispute. If the dispute remains unresolved, either party may, on giving written notice to the other party to such effect, commence legal proceedings in an appropriate court to resolve the matter.

9.5 During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise and the Customer must continue to make payments of the amounts of fees and charges or part thereof which are not the subject of dispute.

9.6 During the existence of any dispute, the parties must continue to perform all of their obligations under the Contract, without prejudice to their position in respect of the dispute unless the parties agree otherwise.

9.7 Nothing in this clause prevents a party from seeking urgent interlocutory relief required in relation to the Contract.

9.8 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential.

9.9 In the event of any dispute arising out of or in relation to the Contract, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

  1. Miscellaneous

10.1  All Contracts are governed by the laws of made in the State of South Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of South Australia.

10.2  The Past Group may vary these Terms and Conditions or terminate a Contract at any time by notice to the Customer.

10.3  If any term or part of a term of these Terms and Conditions is illegal or unenforceable it may be severed and the remaining terms or parts will continue in force.