Terms of Use

Agreement to Our Legal Terms

We are Velimira Designs LLC (“Company,” “we,” “us,” “our”).

We operate the website https://velimiradesigns.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at legal@velimiradesigns.com or by mail to 5900 Balcones Dr STE 100, Austin, TX 78731, USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Velimira Designs LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We may make changes or modifications to these Legal Terms from time to time. Where a change is material, we will give you at least thirty (30) days’ prior notice by email (if you have an account) or by a prominent notice on the Services before the change takes effect, and we will update the “Last updated” date. If you do not agree to a material change, you may reject it by closing your account and discontinuing use of the Services before it takes effect. Non-material changes (for example, corrections of typographical errors or changes required by law) may take effect on posting.

No change to these Legal Terms applies retrospectively to an order we have already accepted. The version of these Legal Terms in force at the time we accept your order governs that order. We recommend that you retain a copy of these Legal Terms and of your order-confirmation email for your records.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Your statutory rights as a consumer

If you are a consumer, you have rights under the law of your own country or state that cannot be excluded, restricted or varied by contract. Nothing in these Legal Terms excludes, restricts or varies any such right, and nothing in these Legal Terms requires you to bring a claim in a forum, or under a law, that your local consumer law does not permit. Where any provision of these Legal Terms conflicts with a mandatory consumer protection that applies to you, that protection prevails and the conflicting provision does not apply to you to the extent of the conflict. Section 9 sets out how this works in each of the markets we sell into.

Table of Contents

1. 1. Our Services
2. 2. Intellectual Property Rights
3. 3. User Representations
4. 4. User Registration
5. 5. Products
6. 6. Purchases and Payment
7. 7. Return Policy
8. 7A. Delivery, Lead Times and Made-to-Order Production
9. 7B. Personalization and Custom Content
10. 7C. Product Safety, Safety Notices and Recalls
11. 7D. Featuring Your Order in Our Portfolio
12. 8. Placing an Order
13. 9. Consumers: Your Statutory Rights
14. 10. Prohibited Activities
15. 11. User Generated Contributions
16. 12. Contribution License
17. 13. Guidelines for Reviews
18. 14. Third-Party Websites and Content
19. 15. Services Management
20. 16. Copyright Infringements
21. 17. Term and Termination
22. 18. Modifications and Interruptions
23. 19. Governing Law
24. 20. Dispute Resolution
25. 21. Corrections
26. 22. Disclaimer
27. 23. Limitations of Liability
28. 24. Indemnification
29. 25. User Data
30. 26. Electronic Communications, Transactions, and Signatures
31. 27. California Users and Residents
32. 28. Miscellaneous
33. 29. Contact Us

1. Our Services

We design, manufacture and sell leather journals and related goods directly to consumers through the Site. Some items are held in stock as ready-made goods; others are produced to order, and some of those are personalized to specifications you supply. Which category an item falls into is identified on the product page and at checkout, and it affects your cancellation rights — see Sections 7, 7A, 7B and 9.

Trader identification

• Legal name: Velimira Designs LLC, a limited liability company registered in the State of Texas.
• Registered address: 5900 Balcones Dr STE 100, Austin, TX 78731, USA.
• Fulfilment address: Frisco, Texas, United States.
• Where we ship: the United States, the European Union and the EEA, the United Kingdom, Australia, and Canada excluding Quebec. We are not able to deliver to a Quebec address, and checkout will tell you so before you place an order.
• EU authorized representative for product safety: Sipact EU, 16B Avenue de la Marne, 59290 Wasquehal, France, compliance@sipacteu.com. Sipact EU holds our product safety documentation for the European Union and is the point of contact for EU market surveillance authorities. It does not sell our products and is not a party to your contract with us.
• Email: legal@velimiradesigns.com (legal), orders@velimiradesigns.com (orders and returns), mail@velimiradesigns.com (general enquiries).
• Telephone: +1 940 290 2517. We are a small team and do not operate a call center. If we cannot take your call, leave a message and we will call you back. For most enquiries email is faster, and account holders can also message us directly from their account.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@velimiradesigns.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you grant us a non-exclusive, worldwide, royalty-free license to use that Submission for the purpose of operating, evaluating and improving the Services. You retain ownership of your Submission and of any intellectual property in it. We will not use your name, image, likeness or voice in any marketing or advertising material without your separate, specific and freely given prior consent, which you may withdraw at any time.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a limited license: By posting any Contributions, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display and distribute your Contributions on and in connection with the Services, for the purpose for which you submitted them. Published reviews stay published; everything else is covered for as long as it remains posted. We may make technical modifications necessary to display your Contributions on different devices and formats. Section 12 sets out how this works, including why a published review is treated differently.

This license does not include the right to use your name, image, likeness or voice in marketing or advertising. If we would like to use a Contribution in that way, we will ask you first and rely on your separate, specific consent, which you may withdraw at any time.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others, and we respond promptly to properly made claims of copyright infringement. Where a notification is effective we will act on it, which may include removing the material complained of and, in appropriate cases, closing the account of a repeat infringer. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the Copyright Infringements section below.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products may change from time to time, but a change in price never affects an order we have already accepted; the price that applies to your order is the price shown at the point you placed it.

6. Purchases and Payment

We accept the following forms of payment:

• Visa, Mastercard, American Express and Discover
• PayPal
• Apple Pay and Google Pay

Depending on your region, checkout may also offer Venmo, Klarna, Affirm and Amazon Pay.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments are taken in US dollars.

Taxes, duties and the total price. The total price payable, including all taxes we are required to collect, is shown to you before you submit your order. Where sales tax, VAT or GST applies and we are registered to collect it, we calculate it at checkout and show it as a separate line in your order total before you pay.

Import duties and taxes charged by the destination country are set and collected by that country rather than by us, so they are not part of our price and are your responsibility. Where they may apply we tell you so before you order, and we give our best available estimate where we can.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for those amounts when you place your order.

Pricing errors. Occasionally an item may be mispriced. If we identify a genuine and obvious pricing error before we accept your order, we will contact you and give you the choice of confirming the order at the correct price or cancelling it for a full refund; we will not simply charge you the higher amount. If we have already accepted your order, the accepted price stands unless the error was so obvious that you could reasonably have recognized it.

Sale events. From time to time we reduce the price of selected ready-made items for a limited period. Where we announce a reduction, the previous price we show alongside it is the lowest price we charged for that item in the 30 days before the reduction began, so you can see what the saving actually is.

Prices change when a sale ends. A sale price applies only while the sale is running, and adding an item to your cart does not hold that price. If a sale ends before you complete your purchase, we recalculate your cart at the current prices and tell you clearly at checkout that prices have changed, before you pay. You are free to complete the order at the new price or to remove the item.

Discount codes. We sometimes issue discount codes to customers. Unless we say otherwise when we issue one, each code may be used once, by the person it was issued to, and has no cash value. Codes apply to ready-made and made-to-order items but not to custom or personalized work. Each code has an expiry date, and we cannot reinstate a code after it expires or apply one to an order you have already placed.

Only one discount at a time. A discount code cannot be combined with a sale price. If you have a code and an item is already reduced, you choose which to use: leave the code out and the sale price applies, or enter the code and it applies to the item’s normal price instead of the sale price. Checkout shows you which discount has been applied and what you are paying, before you pay.

If you return part of a discounted order, we refund what you actually paid for the returned items, not the full list price.

Paying over time. Some payment options at checkout, such as Klarna and Affirm, are credit arrangements rather than ways of paying us directly. If you choose one, you enter into a separate agreement with that provider, and its terms apply to that agreement rather than ours. The provider decides whether to offer you credit, and it may decline. That decision is the provider’s alone; we are not told the reason and cannot change it. If you are declined you can still pay by any other method we accept.

Refunds on an order paid this way go back to the credit provider rather than to you directly, and the provider then adjusts your balance with it. Until it has done so, any payments you owe the provider remain due, so keep paying as agreed unless the provider tells you otherwise. If you have a problem with the credit agreement itself, raise it with the provider. If you have a problem with your order, raise it with us.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. Return Policy

Our Shipping & Returns policy forms part of these Legal Terms and is incorporated into them by reference. It sets out, for each market we sell into, your cancellation and withdrawal rights, the applicable time limits and procedure, who bears the cost of return, refund timing, and the treatment of made-to-order and personalized items.

Please read it before you place an order. If anything in these Legal Terms conflicts with the Shipping & Returns policy in relation to returns, cancellations or refunds, the Shipping & Returns policy prevails.

7A. Delivery, Lead Times and Made-to-Order Production

Estimated dispatch and delivery windows are shown on each product page and at checkout before you place your order. For made-to-order and personalized items the window includes production time, which is longer than for ready-made stock. The window we show you at the point of purchase is our representation to you and we make it on a reasonable basis.

If we cannot dispatch within the window shown. If it becomes clear that we will not be able to dispatch your order within the window shown to you at the time of purchase, we will notify you promptly, tell you the revised date, and offer you the choice of: (a) agreeing to the revised date; or (b) cancelling the order for a full refund. If you do not respond to that notice, we will treat the order as cancelled and refund you in full. We will issue any refund under this section to your original payment method promptly, and in any event within the period required by applicable law.

Where no delivery period is stated. Where we have not stated a delivery period, we will dispatch your order within thirty (30) days of the day after you place it. If we do not, you may cancel the order for a full refund.

Where we are waiting for you. On custom and personalized orders we send you photographs and video of the finished item before we ship, so that you can raise anything that looks wrong while the piece is still with us. This is a check we offer for your benefit, not a second approval: the design was settled when you approved the proof and paid, and our obligation from that point is to make that piece and send it to you.

The time we spend waiting for your response does not count towards the delivery period, and any delay caused by waiting for you is not a delay on our part. We will keep trying to reach you. If we have had no response 90 days after we ask you to look at the photographs, we will ship the piece to the address on your order. Before we do, we will contact you once more to confirm that address is still correct.

Shipping in those circumstances does not affect your rights if the piece arrives faulty, damaged in transit or not as described. Those rights apply in the normal way, and Section 9 and our Shipping & Returns policy explain them.

This section does not limit any additional right you have under the consumer law of your own country or state, including the right of a consumer in the European Union, the EEA or the United Kingdom to terminate the contract where we fail to deliver within an additional period you specify.

7B. Personalization and Custom Content

Some items can be personalized with text, initials, artwork or other content that you supply (“Custom Content”). Because we physically reproduce Custom Content onto goods that we manufacture and ship, the rules below apply in addition to the general provisions on Contributions in Sections 11 and 12.

What you promise us. By submitting Custom Content you confirm that you own it or have all necessary rights, licenses and permissions to have it reproduced on a product and supplied to you, and that it does not infringe any third party’s copyright, trademark, design right, or rights of privacy or publicity.

What we will not produce. We will not reproduce Custom Content that, in our reasonable assessment: infringes or appears to infringe a third party’s intellectual property rights, including third-party brand names and logos; uses the name, image or likeness of a real person without their evident consent; is unlawful, defamatory, harassing, or promotes hatred or violence against any person or group; is sexually explicit; or is otherwise inconsistent with these Legal Terms.

Our review, and what happens if we decline. We review Custom Content before production. We may ask you to change it, or decline to produce it. If we decline, we will tell you why and cancel the order for a full refund to your original payment method — you are not left without a remedy because the item was personalized. Review takes place before production begins and may add to the lead time shown at checkout; if it does, Section 7A applies.

Proof approval. For items involving artwork or free text, we will send you a proof and ask you to approve it before production begins. Once you approve a proof, that proof governs what we produce, and we cannot accept a return on the ground that the personalization is not what you intended. We retain a copy of each approved proof as a record of what was agreed.

Rights holders. If you believe an item we have produced infringes your intellectual property rights, please contact legal@velimiradesigns.com. Section 16 sets out the procedure for copyright notifications.

Custom orders delivered in the European Union. Our product safety documentation covers our standard range and the materials we normally work with. For delivery within the European Union we can only personalize items using that standard material set, because anything outside it would have to be assessed against the EU safety rules before we could supply it. If you ask for a variation we cannot offer there, we will tell you before you pay and offer you the closest option we can make. This limit applies only to orders delivered in the European Union.

Cancellation. Personalized and made-to-order items are treated differently from ready-made stock for cancellation purposes. Sections 7 and 9 and the Shipping & Returns policy explain how, and in which markets.

7C. Product Safety, Safety Notices and Recalls

Our products are handmade leather stationery intended for adults. They are not toys and are not intended for children. Some items include small metal fittings or decorative stones, so keep them away from young children.

We assess our products against the general safety requirement in Regulation (EU) 2023/988 before selling them in the European Union, and we keep the supporting documentation with our EU authorized representative named in Section 1.

Telling us about a safety concern. If you think there is a safety problem with something you bought, stop using it and contact us at orders@velimiradesigns.com with your order number and a description of the problem, with photographs if you can. If you are in the European Union you may contact our authorized representative instead, using the details in Section 1. We will acknowledge your report and tell you what we intend to do about it.

If we issue a safety notice or a recall. If we identify a safety problem with a product we have sold, we will contact you using the details on your order, publish a notice on the Services, and tell you what to do. Depending on the problem we will repair the item, replace it, or refund you in full, and we will cover the cost of returning it. We will notify the relevant authorities where the law requires. Because a safety notice is a legal obligation rather than marketing, we will send you one even if you have unsubscribed from our emails.

Please keep your contact details up to date in your account, since that is how we would reach you.

8. Placing an Order

When our online store is open for purchases, an order is placed through the following steps:

1. Add one or more items to your cart.
2. Enter your shipping details.
3. Review the order summary, including items, delivery, taxes, and the total price.
4. Select “Confirm & Proceed to Payment” and complete payment.
5. Receive an order-confirmation email from us.

Correcting input errors. Before you submit and pay for your order, the review step lets you check all details. You can use the “Back” option to return to earlier steps and correct any input errors at any point before payment.

When your contract is concluded. Submitting your order and completing payment constitutes an offer to purchase. A binding contract is formed only when we accept your order by sending you an order-confirmation email. If we are unable to fulfil your order, we will let you know and arrange a refund of any amount charged.

Language. Orders can be placed and the contract concluded in English.

Order records. Your order-confirmation email is your durable record of the contract and its terms. We recommend retaining it; you can also contact us using the details below to request a copy.

9. Consumers: Your Statutory Rights

This section applies if you are a consumer — that is, if you are buying wholly or mainly for personal use rather than for a business. It does not reduce your rights; it records that they apply.

United Kingdom

You are protected by the Consumer Rights Act 2015 — goods must be of satisfactory quality, fit for purpose and as described — and by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which give a 14-day right to cancel a distance contract. Your Consumer Rights Act 2015 rights apply in addition to that cancellation right and are not affected by it.

European Union and EEA

You are protected by the Consumer Rights Directive 2011/83/EU, including the 14-day right of withdrawal from a distance contract, and by the consumer guarantees available under the law of your own member state. Nothing in these Legal Terms affects those rights.

Australia

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Canada

You are protected by the consumer protection legislation of your province. We do not currently ship to addresses in Quebec, and we do not offer our products for sale there.

United States

Nothing in these Legal Terms limits any right you have under the consumer protection law of your state, including the Texas Deceptive Trade Practices–Consumer Protection Act.

Made-to-order and personalized items

In the European Union, the EEA and the United Kingdom the statutory cancellation right does not apply to goods that are made to your specifications or are clearly personalized (Consumer Rights Directive art. 16(c); Consumer Contracts Regulations 2013 reg. 28(1)(b)). That exemption depends on the item actually being made to your specification or personalized — not on whether we hold it in stock. It does not affect your rights if an item is faulty, damaged in transit, or not as described, and it does not affect Section 7B, under which we refund you in full if we decline to produce your Custom Content.

Where any provision of these Legal Terms conflicts with a right described in this Section 9, that right prevails.

See the full UK section of our Shipping & Returns policy for cancellation procedure, refund timing, and the made-to-order exemption.

10. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.

11. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

12. Contribution License

By posting your Contributions to any part of the Services, you grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, display and distribute those Contributions on and in connection with the Services, for the purpose for which you submitted them. We may make technical modifications necessary to display them on different devices and formats. You keep ownership of what you post and remain free to publish the same content anywhere else.

For most Contributions this license lasts while the Contribution remains posted, and ends when you or we remove it. Reviews are different, because a review belongs to the product rather than to the order it came from, and a review section that either side can edit after the fact is worth nothing to the next customer. A published review therefore stays published, and the license for it continues, subject to Section 13 and to your right to have your name taken off it. In either case we may retain copies in routine backups and where the law requires.

This license does not extend to the use of your name, image, likeness or voice in marketing or advertising, for which we will seek your separate, specific consent. To the extent permitted by applicable law, you waive any moral rights you have in your Contributions for the limited purpose of the display modifications described above; where moral rights cannot be waived under the law that applies to you, nothing in these Legal Terms purports to waive them.

Where you attach photographs or video to a review, this license covers showing them alongside your review on the product page. If we would like to feature your review, or your photographs or video, anywhere else on the Services or in any marketing material, we will ask you first and rely on your separate consent, which you can withdraw at any time.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We may remove a Contribution, or decline to publish it, where it breaches these Legal Terms or the review criteria in Section 13, or where we are required to do so by law. We will not edit or alter the substance of what you have written. We may re-categorize a Contribution to place it in a more appropriate location on the Services. Where we remove a Contribution you have posted, we will tell you and give you our reason, unless we are legally prevented from doing so. We have no general obligation to monitor Contributions.

13. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review you must: (1) have genuine firsthand experience of the product or of us; (2) not include profanity or abusive, racist, offensive or hateful language; (3) not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; (4) not include references to illegal activity; (5) disclose any material connection you have to us or to a competitor, including any payment, free product, discount or other incentive you received; (6) not post false or misleading statements; and (7) not submit, commission or facilitate a review that is not a genuine account of real experience.

How we moderate reviews. We publish reviews that meet the criteria above, whether they are positive or negative. We do not remove, suppress or reorder reviews because they are critical of us or of a product, and we do not edit the substance of a review. We remove a review only where it breaches the criteria above or where we are required to do so by law, and where we do so we will tell the reviewer our reason. Where we display an overall rating or a selection of reviews, it is drawn from all published reviews and not from a favorable subset.

Where reviews appear. A review you post may be shown on the product page for the item you bought and in any listing on the Services that collects our reviews together, including a page showing all of them. We publish reviews whether they are favorable or not, and we do not reorder or filter them to put us in a better light. Using your review anywhere beyond the Services, such as in advertising or a marketing email, is separate and we ask your permission for it, as Section 13 explains.

How the process works. You post a review from your order page. It is always visible to you there. We then check it against the criteria above before it appears on the product page. If we do not publish it, we will tell you by email and on your order page which criterion it did not meet, so that you can correct it and post again. You can edit your review for 60 days from delivery, or until we reply to it publicly. After that the review stays as posted. We do not edit a published review and we do not remove one at the author’s request, because a review section that can be pruned by either side tells the next customer nothing. What you can always do is ask us to take your name off it: we replace it with “Velimira Customer”, sever the links to your account and order, and remove any wording that identifies you. That is also how we answer a request to delete your personal data.

Verification and incentives. Reviews can only be posted from an order page, so every review we publish is from a confirmed purchase and is labelled as a verified purchase. Where a review was written in exchange for any incentive, we label it as incentivized. We do not offer any benefit in exchange for a positive review, and we do not amend or remove a negative one.

Keeping reviews genuine. We take reasonable and proportionate steps to detect and remove fake and misleading reviews, and we maintain an internal procedure for doing so. If you believe a review on the Services is not genuine, please tell us at mail@velimiradesigns.com.

Reviews are those of the individual reviewers and are not endorsed by us. By posting a review you grant us the license described in Section 12.

14. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

16. Copyright Infringements

We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes a copyright you own or control, please send a written notification to our designated agent:

This section concerns copyright only. If your complaint relates to a trademark, a design right, or the use of your name or image, contact us at legal@velimiradesigns.com rather than using this procedure, and tell us what right you say has been infringed.

What your notification must contain. To be effective under 17 U.S.C. § 512(c)(3)(A), your notification must include: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; your contact details; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf.

What we do next. On receipt of an effective notification we will remove or disable access to the material and take reasonable steps to notify the person who posted it. That notice will include a copy of the notification, which may identify you; if you do not wish your contact details to be passed on, tell us and we will pass on only what the law requires.

Counter-notification. If your material was removed and you believe that was the result of mistake or misidentification, you may send our designated agent a counter-notification containing the elements required by 17 U.S.C. § 512(g)(3). If we receive an effective counter-notification we will forward it to the person who sent the original notification and may restore the material in not less than ten and not more than fourteen business days, unless we first receive notice that they have filed an action seeking a court order.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

Misrepresentation. Under 17 U.S.C. § 512(f) you may be liable for damages, including costs and attorneys’ fees, if you knowingly materially misrepresent that material is infringing or was removed by mistake. If you are unsure whether material infringes your copyright, you should consider consulting an attorney first.

17. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON WHERE WE HAVE A VALID REASON FOR DOING SO, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY SUSPEND OR TERMINATE YOUR USE OF THE SERVICES, OR CLOSE YOUR ACCOUNT, WHERE WE HAVE A VALID REASON FOR DOING SO.

If you are a consumer, we will give you reasonable notice before suspending or terminating your access, and we will tell you why, unless we are legally prevented from doing so or the reason is a serious breach that requires immediate action. Suspension or termination does not affect an order we have already accepted, which we will fulfil or refund. Closing your account does not delete records we are required to keep by law; our Privacy Policy explains what we retain, for how long, and why.

If we suspend or close your account for breach of these Legal Terms, we will tell you which of the activities in Section 10 we say occurred, and you may challenge that decision by replying to us or using the contact form in your account. We will look at what you tell us before the decision becomes final.

Where we close an account for breach, we keep it open in read-only form for 30 days so that you can view your order history, download a copy of your data, and deal with any order still in progress. After that period we close it permanently. Closing an account does not cancel an order we have already accepted, and it does not affect any refund or statutory right you have in relation to that order.

We may also decline to accept future orders from a person whose account we have closed for breach, including where they order as a guest. We keep only the minimum record needed to do that. Our Privacy Policy explains what we keep and for how long.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services, except that a change in price never affects an order we have already accepted, and nothing in this section limits our obligation to fulfil or refund such an order.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Texas, United States. Velimira Designs LLC and yourself irrevocably consent that the courts of the State of Texas located in Travis County shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

This section does not apply to you if you are a consumer. If you are a consumer, the law of your country of residence governs your contract with us to the extent that its consumer protections are mandatory, and you may bring proceedings in the courts of your own country. If you are a consumer resident in the European Union, the EEA, the United Kingdom, Australia or Canada, we will bring any proceedings against you only in the courts of your country of residence.

20. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before starting court proceedings. Most problems can be sorted out this way, and it is usually faster for both of us. Such informal negotiations commence upon written notice from one Party to the other Party.

Resolving a Dispute

Where a Dispute is decided. If we cannot resolve a Dispute informally, it is decided by the courts. Which courts, and which law applies, is set out in Section 19. If you are a consumer, that section preserves your right to bring proceedings in your own country and to rely on the consumer protections of the law that applies where you live.

Small claims. Nothing in these Legal Terms prevents either of us from bringing a claim in a small claims court, and for most customer disputes that is the quickest and cheapest route. If you are in the United States you can bring a small claims action where you live. We will not ask for a claim that qualifies for small claims court to be moved somewhere else.

Restrictions

Each Dispute is dealt with individually between you and us. Nothing in this section affects any right you have to take part in proceedings brought under the law that applies to you, or to seek relief on behalf of the public where the law allows it.

Exceptions to Informal Resolution

The thirty-day informal resolution step does not apply to a Dispute concerning the validity or infringement of either Party’s intellectual property rights, or to an application for urgent relief from a court. Either Party may go straight to court in those cases.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Nothing in this section excludes or limits any warranty, guarantee or right that cannot be excluded or limited under the law that applies to you. If you are a consumer, the statutory rights described in Section 9 apply in full and are not affected by this section.

23. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) USD $500.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Nothing in these Legal Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; defective products, to the extent liability cannot be limited under applicable product liability law; any breach of the statutory rights described in Section 9; or any other liability that cannot lawfully be excluded or limited. If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Legal Terms or our failure to use reasonable care and skill.

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We may, at our own expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate reasonably with that defense. If you are a consumer, this section applies only to losses arising from your deliberate breach of these Legal Terms, your Custom Content, or your infringement of a third party’s rights, and does not extend to our own acts or omissions. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Nothing in this section excludes or limits our liability for loss or corruption of data to the extent that such liability cannot be excluded or limited under applicable law, including under Article 82 of the EU and UK General Data Protection Regulation. Our Privacy Policy explains how we handle personal data.

26. Electronic Communications, Transactions, and Signatures

Before we provide you electronically with any record that the law requires to be in writing, we will tell you that you may have it on paper instead, how to withdraw your consent to electronic delivery and any consequences of doing so, whether your consent applies to one record or to all records in the transaction, how to obtain a paper copy and any fee for it, and how to update your contact details. To receive electronic records you need a device with an internet connection, a current web browser, and a valid email address. You may withdraw your consent at any time by contacting us at legal@velimiradesigns.com, and we will not charge you for doing so.

27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Order of precedence. These Legal Terms incorporate the Shipping & Returns policy and, where referenced, our other posted policies. If there is a conflict, the following order applies, highest first: (1) any mandatory right you have under the consumer law that applies to you; (2) the Shipping & Returns policy, in relation to returns, cancellations, refunds and delivery; (3) these Legal Terms; (4) any other posted policy. Our Privacy Policy describes how we handle personal data and is not a contractual term of sale.

Survival. Sections 2, 7B, 12, 16, 19, 20, 22, 23, 24, 25 and 28 survive termination of these Legal Terms, together with any other provision that by its nature is intended to survive.

Notices. We may give you notice by email to the address on your account, or by a prominent notice on the Services. You may give us notice at legal@velimiradesigns.com or at our registered address. Notice by email is treated as received on the day it is sent, unless we receive a delivery failure.

Events outside our control. We are not liable for any failure or delay in performing our obligations that is caused by an event outside our reasonable control. If such an event occurs we will tell you as soon as reasonably possible and, where the delay is substantial, you may cancel any affected order for a full refund.

Third parties. These Legal Terms do not give any right to any person other than you and us to enforce any of their provisions.

29. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Alternative dispute resolution. We are not obliged to use, and we do not currently commit to using, an alternative dispute resolution body to resolve consumer disputes. If we cannot resolve a complaint with you directly, you remain free to bring proceedings in the courts of your own country as described in Section 9, and to approach any consumer body or ADR entity available to you under your national law.

Data protection representatives. Our representatives in the European Union (GDPR art. 27) and the United Kingdom are identified in Section 14 of our Privacy Policy.