This website is operated by Amélie & Rose. Throughout the site, the terms “we”, “us”, and “our” refer to Amélie & Rose. Amélie & Rose offers this website, including all information, tools and services available from this site to you, the user, conditional on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants and contributors of content. If you do not agree to all the terms and conditions, you may not access the website or use any services.

Any new features or tools added to the current store are also subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or you are the age of majority and have given consent for any minor dependents to use this site. You may not use our products for any unlawful or unauthorised purpose, and you must not violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses or any code of a destructive nature. A breach of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. You understand that your content (not including credit-card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit-card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission. Headings are for convenience only and do not limit these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is not accurate, complete or current. Material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more complete or timely sources. Any reliance is at your own risk. We may modify contents at any time but have no obligation to update information. You agree it is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We may modify or discontinue the Service (or any part) at any time without notice. We shall not be liable for any modification, price change, suspension or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities, subject to our Returns & Refunds Policy. We have made every effort to display colours and images as accurately as possible; we cannot guarantee your device’s display will be accurate. We reserve the right to limit sales to any person, geographic region or jurisdiction, on a case-by-case basis; to limit quantities; to change descriptions or pricing at any time; and to discontinue any product. We do not warrant that the quality of any products or services will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities per person, household or order (including orders using the same account, card, billing and/or shipping address). If we change or cancel an order, we may attempt to notify you via the email and/or billing phone/address provided. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information, and to promptly update details so we can complete transactions and contact you as needed. See our Returns & Refunds Policy for more detail.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We are not liable for your use of optional third-party tools. Any use is entirely at your own risk and you should ensure you approve the terms of the relevant provider(s). New features or services offered through the website shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and have no liability for third-party materials, websites, products or services. Review third-party policies carefully before engaging in any transaction. Complaints or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions (e.g., contest entries, ideas, suggestions, proposals, plans, or other materials), you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us, without restriction and without obligation to maintain confidentiality, pay compensation or respond. We may monitor, edit or remove content we determine to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates intellectual-property rights or these Terms. You warrant your comments do not violate third-party rights and will not contain unlawful, abusive or obscene material, viruses or malware. You may not use a false email or mislead us or others as to the origin of comments. You are solely responsible for the accuracy of your comments.

SECTION 10 – TAXES AND IMPORT DUTIES (AUSTRALIA)

You are responsible for ensuring compliance with any applicable taxes, duties or import charges that may apply to your order in Australia or your delivery location (as applicable). Where required by law, we will collect applicable taxes at checkout; otherwise, you are responsible for any charges assessed by carriers or authorities upon import.

SECTION 11 – PRIVACY

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

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or Service containing typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit your order). Except as required by law, we have no obligation to update information in the Service or any related website.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any applicable laws or regulations; (d) to infringe upon intellectual-property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with security features of the Service or related websites. We may terminate your use of the Service for violating any prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel the Service at any time, without notice. You expressly agree your use of the Service is at your sole risk. Except as expressly stated by us or required by the Australian Consumer Law (ACL), the Service and all products are provided “as is” and “as available”, without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. To the maximum extent permitted by law, Amélie & Rose and its officers, employees, affiliates, agents, contractors, suppliers and licensors are not liable for any indirect, incidental, special or consequential damages arising from your use of the Service or any product. Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies conferred by the ACL that cannot be excluded, restricted or modified.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Amélie & Rose and our parent, subsidiaries, 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 any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 16 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of the remaining provisions.

SECTION 17 – TERMINATION

Obligations and liabilities incurred prior to termination survive termination. These Terms are effective unless and until terminated by you or us. You may terminate by notifying us you no longer wish to use our Services, or when you cease using the site. If, in our sole judgment, you fail or we suspect you have failed to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; we may also deny you access to our Services.

SECTION 18 – ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements or communications. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services to you are governed by and construed in accordance with the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

SECTION 20 – CHANGES TO 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, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website or the Service following any changes constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@amelierose-sydney.com.