Terms of service

TERMS OF USE

 

This website, as well as any and all associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”) is operated by TOOTIYA LIMITED trading as AMÉLIE ALVARI ("us/we/our"). We offer this Website, including all information, products, and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. If at any time you do not agree to these Terms of Use, please do not use this Website.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OF USE OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENT, PRODUCTS OR SERVICES BY APPLICABLE LAW.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws, rules, and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

1. CREATING AN ACCOUNT You have the option of creating a user account to enable you to streamline the purchase of our products through the Website. Upon creation of your user account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release us, any third party content providers and licensors, and our and their respective directors, officers, employees, affiliates, agents and other representatives, from any and all liability concerning such transactions and other activities arising through your user account. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your user account or password. We have no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

2. INTELLECTUAL PROPERTY OWNERSHIP AND USE You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Website as our customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You may not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts, and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

3. ERRORS AND INACCURACIES We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and the look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.

4. CHANGES TO WEBSITE OR THESE TERMS OF USE Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using the Website.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension, or withdrawal of all or part of the Website.

5. ORDERS, PRICE, AND RESALE Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products on ameliealvari.com are subject to availability, for purchase by final customers. To preserve product quality and integrity, AMÉLIE ALVARI reserves the right to limit the quantity of items purchased destined for a single customer or delivery address. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase or you have already paid for the products and your order is cancelled, we will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Our ordering instructions can be accessed here.

6. SALES, SHIPPING We will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

You are responsible for complying with all of the applicable laws and regulations in your country, including the laws and regulations regarding the import of products into your country. You will be the importer of records of products shipped to you from outside of the country to which such products are shipped. By placing an order, you acknowledge that for any products shipped to you from outside of your country, you are importing the products in your order for non-commercial (personal) use. You agree that we may appoint a subcontractor (e.g. carrier/customs broker) on your behalf as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment.

You acknowledge that We provide a service for the transport of goods with a specified timeframe for delivery, therefore you do not have a right to cancel the Order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (Regulation 28(1)(h)). This does not affect your rights under clause 8.

You are responsible for any and all taxes, duties, and fees that may be due in relation to your order. Your authorisation permits the carrier/customs broker to act as your agent with the relevant customs and tax authorities in the destination country to clear your merchandise and process and remit any taxes, customs duties, and fees levied by the destination country.

For multiple product orders, we will attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Your order will ship as it becomes available, and our order processing company will make reasonable efforts to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

We will endeavor to charge you for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under applicable law.

At this time we are unable to ship orders to General Delivery, P.O. Boxes, APO, FPO, U.S. Territories, and certain other countries and territories. Orders made to any of these addresses will be canceled. The delivery address of your order must match the country site in which you place your order. Orders made from a different country site than the delivery address will be automatically canceled. Please select the correct country site for your order from the link in the corner of every page.

Our shipping times and costs can be accessed here.

7. RETURNS Except for any products designated on the Website as non-returnable or final sale, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. Your refund will be credited back to the same payment method used to make the original purchase on the Website.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, please click here.

AMÉLIE ALVAR takes full responsibility for the return label and associated shipping costs for orders returning from the regions mentioned below. Please note that for regions not included in the following list, it is the customer’s full responsibility to arrange the return of their unwanted item(s), upon receiving their RA and return instructions from our Customer Care Team.

United States

United Kingdom

European Union

Our return and exchange policy can be accessed here.

8. EXTERNAL WEBSITES AND RESOURCES You may have come to our Website through a link from a third-party Website, and our Website may link to third-party Websites. We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such third-party external sites or resources.

Please contact us at the following email address if you are interested in linking from your website or mobile application to our Website: CustomerCare@ameliealvari.com. We may grant or withhold our consent at our discretion. 

9. USER CONTENT The Website may contain various interactive portions that allow users to post content on our Website (“User Content”). We have no obligation to actively monitor the User Content our users post on our Website, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

By using this Website, you agree that:

You will not upload, post, email, or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically, or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.

You will not distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including but not limited to, junk mail, spam, and chain letters.

 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number, or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content, and in any other media, now known or hereafter devised.

If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm when dealing with strangers or people acting under false pretences. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

YOU REPRESENT AND WARRANT THAT:

YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRIBUTE ALL USER CONTENT YOU SUBMIT

YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE

ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to CustomerCare@ameliealvari.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

10. INFRINGEMENT NOTICE We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: CustomerCare@ameliealvari.com.

In order for us to more effectively assist you, the notification must include all of the following:

A physical or electronic signature of the owner of the right claimed to be infringed or the person authorised to act on the owner’s behalf;

A description of the copyrighted work or other right you claim has been infringed or violated;

Information reasonably sufficient to locate the material in question on the Website;

 Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

A statement by you that you have a good faith belief that the disputed use is not authorised by the rightful owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorised to act on behalf of the owner.

DISCLAIMERS WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

LIMITATIONS OF LIABILITY WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

11. BINDING ARBITRATION AGREEMENT FOR RESOLUTION OF DISPUTES Informal Negotiations: To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and we will first attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address or email address that you have provided to us. Our address for such notices is: TOOTIYA LIMITED, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ or you may email us at CustomerCare@ameliealvari.com.

12. MISCELLANEOUS If any part of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings, or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

You may not transfer, assign, charge, or otherwise dispose of your rights or obligations under any Website Agreements without our specific prior written consent. We may transfer, assign, charge, sub-contract, or otherwise dispose of our rights and obligations under any Website Agreements at any time.

You may send us notices or communicate with us by email at CustomerCare@ameliealvari.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send an email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.