Welcome to Amaroso Boutique!
In these terms, we also refer to Amaroso Boutique (our full name being Amaroso Boutique Pty Ltd ATF The Owen Anderson Family Trust ABN 57 377 615 957) as we”, “us”, or “our”.
And you are you!
These terms apply when you use this website, being www.amaroso.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
- By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
- Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
- Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
- You may submit an Order as a guest, or you may submit an Order with an account. You may register for and receive an account through the Website (Account).
- As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
- You agree that you are solely responsible for:
- maintaining the confidentiality and security of your Account information and your password; and
- any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
- We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
- Until the price of your Products is paid in full, title in those Products is retained by Amaroso Boutique. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
3.2 GIFT CARDS
- We may issue gift cards for use in our Website.
- Gift cards are valid online at our Website are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
- Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
3.3 VOUCHERS AND DISCOUNT CODES
- We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
- A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
- If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
All prices are:
- per unit (except where indicated);
- in Australian Dollars; and
- subject to change prior to you completing an Order without notice.
4.2 PAYMENT OBLIGATIONS
Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
Where applicable and unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Amaroso Boutique, you must pay the GST subject to Amaroso Boutique providing a tax invoice.
4.4 ONLINE PAYMENT PARTNER
We may use third-party payment providers (Payment Providers) to collect payments for Products, such as PayPal, AfterPay, Zip Pay and Braintree. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider, including in relation to interest on late payments, and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
4.5 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5.1 FREE DELIVERY
We may from time to time offer free delivery in Australia and internationally (see the Website for countries that we ship to) on carts above a certain amount (Free Delivery). If we do decide to offer Free Delivery, the terms and conditions for Free Delivery will be set out on the Website.
5.2 DELIVERY COSTS
Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
5.3 DELIVERY DETAILS
Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
- We generally use Australia Post for domestic and international orders however we may ship our Products with any delivery service provider we deem appropriate. We offer standard shipping (in Australia and internationally) and express delivery (only in Australia) with delivery times reliant on the shipping company providing the service. The cost of shipping will be automatically calculated once you add the desired Products to your cart and enter a delivery address.
- We may charge you for delivery at any time (notwithstanding that we may not have previously done so). Where prices are stated as inclusive of delivery:
- delivery is to the delivery point specifically accepted by Amaroso Boutique; and
- we will deliver the Products to you in accordance with the shipping information displayed on our Website
5.4 DELIVERY ISSUES
Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
5.5 INTERNATIONAL ORDERS
If the Website allows for international orders, we reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
6.1 CANCELLATION BY US
From time to time, we may need to (and we reserve the right to) cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
6.2 CANCELLATION BY YOU
Once we confirm your Order, your Order is binding and cannot be cancelled or changed by you, however we reserve the right to do so. If you wish to make changes to your order, please follow the returns, refunds and exchanges process in clause 7.
7.1 CHANGE OF MIND RETURNS
We aim to ensure that you are completely satisfied with your Products. If you are not satisfied with your Product for any reason, you may be entitled to a change of mind return. The following process applies to change of mind returns:
- ( Australian Orders ) You must submit a returns request through the Returns Portal accessible through our Website, including by following onsite instructions and inputting the correct Order number. After you submit a returns request, you must ship the Product being returned ( Return Product ) at your cost, to the return address notified to you ( Return Address )within 30 days of the date that the Product was delivered to you (Delivery Date).
- (International Orders) You must download and print a copy of the Returns Form from our Website, and ship the Return Product at your cost to the Return Address within 21 days of the Delivery Date, together with the Returns Form completed to our reasonable satisfaction.
- All Return Products must be returned:
- in original, unworn, unwashed, undamaged condition, with all tags still attached and no stains, marks, breakages, blemishes or any other imperfections on the Products, as determined in our sole discretion; and
- together with any proof of purchase, packaging for the Product and any other information reasonably required by us.
- In the case of shoes, the Return Products must also be returned with the original, undamaged box with no sticky tape or return label on the box.
- We are not responsible for Return Products that are lost in transit or not received. We recommend you return any Return Products with tracking.
- If we determine, in our discretion, that you have met the requirements under this clause 7.1, we will issue you a store credit equal to the purchase price of the Product (excluding shipping costs).
- If we determine that you have not met the requirements under this clause 7.1, we will not offer a return, and we may either keep the Product or deliver it back to your nominated address (at your cost).
7.2 FAULTY PRODUCTS
We will offer you a refund where we determine that your Product is faulty. The following process applies to any Product you believe to be faulty:
- If you believe your Product is faulty, please contact us at firstname.lastname@example.org with the Order/invoice number, name, address and a full description of the fault (including images and/or videos demonstrating the fault).
- If we determine that your Product may be faulty, we may request that you send the Product back to us for further inspection, including any proof of purchase, packaging for the Product and any other documentation or information reasonably required by us. We reserve the right to further inspection before deeming a Product faulty.
- If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we may refuse your return, return the Product to you and charge you (or deduct from your store credit) any associated shipping costs.
- If we determine that the Product is faulty, you may either request a refund, replacement or store credit equal to 120% of the purchase price of the Product (excluding shipping costs). All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause 7.2 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
7.3 OTHER RETURNS
- We will provide a full refund, replacement or store credit equal to 120% of the purchase price of the Product (excluding shipping costs) if we determine that:
- a Product you have ordered was not received by you solely due to failure by us;
- a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
- a Product is faulty, in accordance with clause 7.2.
- If you comply with the provisions of clause 7.2 and we issue a refund, the refunded amount (including shipping costs) will be credited back to your original method of payment unless you request otherwise and we approve this request.
You may publish images or videos of the Products online or on social media (or both). If you publish images or videos of the Photos, we ask that you provide accreditation to “Amaroso Boutique” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 3.3, remove any accreditation to us.
- We may do any of the following:
- outsource any part of performing any services related to providing the Products, including delivery of your Products; or
- procure materials and Products from third party suppliers, without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Amaroso Boutique;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Amaroso Boutique, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
- While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- any information provided through the Website is accurate or true.
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (defined in clause 19).
- You acknowledge and agree that any information on the Website (including any blog posts and articles) is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
12.2 ARTICLES AND BLOG POSTS
- The Website may contain published articles and blog posts which contain, among other things, fashion related suggestions, opinions and advice, and information relating to our Products.
- We cannot guarantee that information within our articles or blog posts will enable you to achieve any particular outcomes or results, and you accept and understand that results differ for each individual.
- The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
- The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Amaroso Boutique will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
- The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
- This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Magento’s terms and conditions can be accessed here.
- To the maximum extent permitted under applicable law and our agreement with Magento, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Amaroso Boutique does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us at email@example.com or using the form provided on our Website.
- Amaroso Boutique retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Amaroso Boutique or as permitted by law.
- We retain all intellectual property rights in the name “Amaroso Boutique” and the design of the Products, including the materials, specifications, look and feel, shape, labelling and packing (collectively, Our IP ), or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the products.
- In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
- To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $100 to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any goods (including the Products) or services provided by us.
- Claims for loss of or damage to Products in transit must be made against the carrier.
- Products sold by Amaroso Boutique, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
- All other express or implied representations and warranties in relation to Products and the associated services performed by Amaroso Boutique are, to the maximum extent permitted by applicable law, excluded.
- Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) ( ACL ). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
- ( Indemnity ) You indemnify Amaroso Boutique and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
- breach of any of these terms;
- use of the Website; or
- use of any goods or services provided by Amaroso Boutique.
- ( Consequential loss ) To the maximum extent permitted by law, under no circumstances will Amaroso Boutique be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Amaroso Boutique (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- We will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of an event beyond its reasonable control, including but not limited to any delays arising out of or in connection with COVID-19 (Force Majeure).
- If an event of Force Majeure occurs, we will use reasonable endeavours to notify you of:
- reasonable details of the Force Majeure; and
- so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
- Subject to compliance with clause 21 the relevant obligation will be suspended during the Force Majeure to the extent that it is affected by the Force Majeure.
- We will use our best endeavours to overcome or remove the Force Majeure as quickly as possible.
22.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
22.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
22.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- ( singular and plural ) words in the singular includes the plural (and vice versa);
- ( currency ) a reference to $, or “dollar”, is to Australian currency;
- ( gender ) words indicating a gender includes the corresponding words of any other gender;
- ( defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- ( person ) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- ( party ) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- ( these terms ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- ( document ) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- ( headings ) headings and words in bold type are for convenience only and do not affect interpretation;
- ( includes ) the word “includes” and similar words in any form is not a word of limitation; and
- ( adverse interpretation ) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement ( Email Address ). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party, whichever is earlier.