This website is operated by VT Avenue Pty Ltd, trading as Von Treskow. Throughout the site, the terms “Von Treskow”, “we”, “us” and “our” refer to VT Avenue Pty Ltd, trading as Von Treskow.

VT Avenue Pty Ltd offers this website, including all information, tools and Services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

From time to time, we may offer selected products as part of an Archive Sale or another promotional sale event. Additional terms and conditions may apply to those purchases, including our Archive Sale Terms & Conditions.

The Archive Sale Terms & Conditions form part of these Terms of Service. To the extent of any inconsistency between these Terms of Service and the Archive Sale Terms & Conditions, the Archive Sale Terms & Conditions will apply in relation to purchases made during the applicable Archive Sale.

Nothing in these Terms, including the Archive Sale Terms & Conditions, excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

Any new features or tools added to the current store will also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and Services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or province of residence, or that you are the age of majority in your state, territory or province of residence and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including, without limitation, copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of these Terms may result in the immediate termination of your Services.

We reserve the right to refuse Service to anyone for any lawful reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or contact through the website through which the Service is provided without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is inaccurate, incomplete or not current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information except where required by law.

You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of the Service, without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent that liability cannot be excluded under applicable law.

Certain products or Services may be available exclusively online through the website.

These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the store.

We cannot guarantee that your computer monitor or device will display colours accurately.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer.

All product descriptions and product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

We reserve the right to refuse any order you place with us.

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 credit card and/or orders using the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or telephone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please review our Refund Policy.

We may provide you with access to third-party tools over which we do not monitor and have no control or input.

You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without endorsement.

To the maximum extent permitted by law, we will have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms on which the relevant third-party provider supplies those tools.

We may also offer new Services and/or features through the website in the future, including the release of new tools and resources.

Such new features and/or Services will also be subject to these Terms of Service.

Certain content, products and Services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

To the maximum extent permitted by law, we do not warrant and will not have any liability or responsibility for third-party materials, websites, products or Services.

We are not liable for harm or damages related to the purchase or use of goods, Services, resources, content or other transactions made in connection with third-party websites, except to the extent that liability cannot lawfully be excluded.

Please carefully review the third party’s policies and practices and ensure that you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

If, at our request, you send specific submissions, such as competition entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise, collectively referred to as “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us.

We are under no obligation:

1. to maintain any comments in confidence;

2. to pay compensation for any comments; or

3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service, a related website, another website or the internet.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for the comments you make and their accuracy.

We take no responsibility and assume no liability for comments posted by you or a third party, except to the extent that liability cannot lawfully be excluded.

Your submission of personal information through the store is governed by our Privacy Policy.

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on a related website is inaccurate at any time, including after you have submitted your order.

Where we cancel an order after payment has been made, we will provide a refund of the applicable amount.

We undertake no obligation to update, amend or clarify information in the Service or on a related website, including, without limitation, pricing information, except where required by law.

No specified update or refresh date applied to the Service or a related website should be taken to indicate that all information in the Service or on a related website has been modified or updated.

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(c) to violate any international, federal, state, territory, provincial or local regulation, rule, law or ordinance;

(d) to infringe or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or unlawfully discriminate against another person;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, a related website, another website or the internet;

(h) to collect or track the personal information of others without lawful authority;

(i) to spam, phish, pharm, pretext, spider, crawl or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service, a related website, another website or the internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice.

To the maximum extent permitted by law, you expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and Services delivered to you through the Service are, except as expressly stated by us or required by law, provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, they are provided without any representation, warranty or condition of any kind, either express or implied, including implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

To the maximum extent permitted by law, VT Avenue Pty Ltd, trading as Von Treskow, and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers and licensors will not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from:

(a) your use of the Service or any products procured using the Service;

(b) your inability to use the Service;

(c) any errors or omissions in content; or

(d) any loss or damage incurred as a result of content or products posted, transmitted or otherwise made available through the Service,

even if we have been advised of the possibility of such damages.

Where a state, territory or other jurisdiction does not allow the exclusion or limitation of certain liabilities, our liability will be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless VT Avenue Pty Ltd, trading as Von Treskow, and our affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by a third party arising out of:

(a) your breach of these Terms of Service or the documents incorporated into them by reference;

(b) your violation of any law; or

(c) your violation of the rights of a third party.

This indemnity does not apply to the extent that a claim or loss was caused or contributed to by our negligence, unlawful conduct or breach of these Terms.

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be treated as severed from these Terms of Service.

Such a determination will not affect the validity or enforceability of the remaining provisions.

The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement for all purposes.

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our reasonable judgment, you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.

You will remain liable for all amounts properly due up to and including the date of termination, and we may deny you access to the Services or any part of the Services.

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us.

They govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

These Terms of Service and any separate agreements under which we provide Services to you are governed by and construed in accordance with the laws of Victoria, Australia.

You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

Questions about these Terms of Service should be sent to:

VT Avenue Pty Ltd
Trading as Von Treskow
GPO Box 2605
Melbourne VIC 3001
Australia

Email: online-orders@vontreskow.com.au
Alternative email: sales@vontreskow.com.au
Telephone: (03) 9639 3203