Terms & Conditions

Terms & Conditions

Welcome to Velour! VELOUR LASHES, Inc. (“VELOUR” or “Company”) is the operator of the www.velourlashes.com site (the “Site”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. VELOUR reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to the Loyalty Program Terms and Conditions (the “Loyalty Program Terms”) and the VELOUR Privacy Policy (the “Privacy Policy”), which are incorporated herein.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.


USE OF SITE

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of VELOUR. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of VELOUR. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
  • Posting any information which is untrue, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
  • Attempting to interfere in any way with the Site, or VELOUR’s network security, or attempting to use the Site ’s service to gain unauthorized access to any other computer system; and
  • Using the Site to drop ship merchandise to third parties

TRADEMARKS

All trademarks, service marks, and trade names of velourlashes.com used in the site are trademarks or registered trademarks of Velour Lashes.


REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any passwords provided should be safeguarded at all times. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of the Site under such passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.


ELITE SUBSCRIPTION

VELOUR offers two ELITE subscription types: monthly (billed monthly) and prepaid annual subscriptions.  Please note ELITE Kit purchases or subscriptions are not applicable/awarded loyalty points and can not be combined with any other discounts or promotions. 


AUTOMATIC RENEWAL TERMS

With respect of VELOUR Elite subscriptions subject to automatic renewal, you agree that VELOUR may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before VELOUR reasonably could act.


ELITE MONTHLY SUBSCRIPTIONS

By purchasing an Elite Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by VELOUR after the expiration date of your payment card.


AUTOMATIC ELITE MONTHLY RENEWAL TERMS

Your Elite subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.


CANCELLATION POLICY FOR MONTHLY SUBSCRIPTIONS

To cancel your ELITE Monthly Subscription at any time, you may (i) login to your account and follow the cancellation procedures there, (ii) send us a message at info@velourlashes.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.


ELITE ANNUAL SUBSCRIPTIONS

By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by VELOUR after the expiration date of your payment card.


AUTOMATIC ELITE ANNUAL RENEWAL TERMS

At the end of each yearly Elite subscription term, your Elite subscription will be automatically extended for another term of one year and your payment method will automatically be charged the Elite Annual Subscription renewal fee at the then-current Elite Annual Subscription rate until you cancel your Elite Annual Subscription renewal.


CANCELLATION POLICY FOR ELITE ANNUAL SUBSCRIPTION RENEWALS

You may only cancel your current Elite Annual Subscription during the first month of the subscription. To cancel your Elite Annual Subscription renewal for the following year, at any time after you were billed for the then-current year, you may (i) login to your account and follow the cancellation procedures there, (ii) send us a message at info@velourlashes.com and we will do it for you.


RETURNS & EXCHANGES FOR ELITE SUBSCRIPTIONS

All products purchased under the Elite subscription are subject to the Velour Return & Exchange Policy.


AUTO-RENEW PROGRAM:

By agreeing to participate in the a Auto-Renew Program to replenish your lash supply, you agree and acknowledge that your participation in the program has an initial and recurring payment charge at the frequency chosen (1/3/6 month increments) when you signed up in the amount of the then-current retail price of your selected product displayed on the Site and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by VELOUR after the expiration date of your payment card.  Please note Auto-Renew Program purchases are not awarded loyalty points and can not be combined with any other discounts or promotions


AUTO-RENEW DELIVERY TERMS

The product you selected for auto-renewal will be automatically sent to you at the frequency selected by you (e.g. every 3 months) and your payment method will automatically be charged on the 1st of the month in which delivery is to occur in the amount of the then-current retail price for the product on the Site until you cancel your Automatic Delivery option.


CANCELATION POLICY FOR AUTO-RENEW PROGRAM/

To cancel your Automatic Renewal at any time, you may (i) login to your account and follow the cancellation procedures there, (ii) send us a message at info@velourlashes.com and we will do it for you.

RETURNS AND EXCHANGES FOR AUTO-RENEW PRODUCTS

All products purchased under the auto-renew subscription are subject to the Velour Return and Exchange Policy.


ADDITIONAL TERMS AND CONDITIONS

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, Shipping Policies, Return Policies, and membership reward programs (including the Loyalty Program Terms) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.


FRAUD PROTECTION

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.


TRANSACTIONS

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to VELOUR the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.

By placing an order, you represent that the products ordered will be used only in a lawful manner. VELOUR reserves the right, with or without prior notice, to do any one or more of the following:

(i) limit the available quantity of or discontinue any product or service 
(ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion
(iii) bar any user from making or completing any or all Transaction(s; and
(iv) refuse to provide any user with any product or service.

You agree that by placing an order on the Site, you are entering into a binding contract with VELOUR and agree to pay all charges that may be incurred by you or on your behalf through the Site , at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.


Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of VELOUR or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All VELOUR logo’s (Decorative V Design, V Design, Velour Design), FLUFF’N, FLUFF’N THICK, LIVE IN LASHES, are registered trademarks of VELOUR, Inc. All of our Site's content is copyrighted by VELOUR, Inc. All rights reserved.Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by VELOUR.


General Disclaimers

You assume all responsibility and risk with respect to your use of the Site . THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, VELOUR DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VELOUR makes no warranties of any kind regarding any non-VELOUR sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and VELOUR makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-VELOUR sites. VELOUR does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.


Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of theSite is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.


Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.


Indemnification

You agree to indemnify, hold harmless, and defend VELOUR, its parent,subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.


Limitation of Liability

EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF VELOUR, IN NO EVENT SHALL VELOUR, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE , WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF VELOUR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF VELOUR, IN NO EVENT SHALL THE TOTAL LIABILITY OF VELOUR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE , WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO VELOUR IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site .


Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.


Waiver; Remedies

The failure of VELOUR to partially or fully exercise any rights or the waiver of VELOUR of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by VELOUR or be deemed a waiver by VELOUR of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of VELOUR under these Terms and any other applicable agreement between you and VELOUR shall be cumulative, and the exercise of any such right or remedy shall not limit VELOUR’s right to exercise any other right or remedy.

Questions: Should you have any questions regarding these Terms you may contact us at info@velourlashes.com

 

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