Terms of service

TERMS OF SERVICE

Welcome to Amira Label! The terms “we”, “us” and “our” refer to Amira Label. Amira Label operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Amira Label is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law or other applicable consumer-protection laws.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Amira Label reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law.

Your order is not accepted until Amira Label confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Amira Label may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, phone number or other contact information provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy and your rights under applicable consumer laws.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorised commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices may not include taxes, shipping, handling, customs duties or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer promotions on the Services that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

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

You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The payment information you provide is true, correct and complete.

  2. You are authorised to use the payment method provided for the purchase.

  3. Charges incurred by you will be honoured by your payment provider.

  4. You will pay all charges incurred by you at the posted prices, including any applicable shipping, handling and tax charges.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery are governed by our Shipping Policy.

All delivery times are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, severe weather, public holidays, incorrect or incomplete addresses, or events outside our reasonable control.

Risk of loss and title to products will transfer in accordance with applicable law and the delivery terms provided during checkout.

Nothing in this section excludes rights that cannot legally be excluded under the Australian Consumer Law or other applicable consumer-protection laws.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Amira Label, MB Collective, their affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual-property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except where permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Amira Label, Shopify or any third party.

Unauthorised use of the Services may violate applicable intellectual-property laws.

All rights not expressly granted herein are reserved by Amira Label.

The Amira Label name, logo, product and service names, designs and slogans are trademarks or brand assets of Amira Label, MB Collective or their affiliates or licensors. You must not use such trademarks without prior written permission.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans displayed through the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations or conditions of any kind and without endorsement, except where applicable law provides otherwise.

We shall have no liability arising from or relating to your use of optional third-party tools to the extent permitted by law.

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

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

We may also offer new features through the Services in the future, including new tools and resources. Such new features shall be deemed part of the Services and are subject to these Terms of Service unless separate terms apply.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, security, availability or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

To the extent permitted by law, we are not liable for harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites.

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

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Amira Label is powered by Shopify, which enables us to provide the Services to you.

Any sales and purchases made through our store are transactions directly between you and Amira Label.

By using the Services, you acknowledge and agree that Shopify is not the seller of the products offered by Amira Label and is not responsible for any aspect of sales between you and Amira Label, including any injury, damage or loss resulting from purchased products and services, except where applicable law provides otherwise.

Nothing in this section limits any legal rights or remedies that cannot lawfully be excluded.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify and other third parties that may be located outside the country where you reside in order to provide services to you.

Please review our Privacy Policy for more details about how we, Shopify and our partners collect, use, disclose, transfer and protect your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs or other content collectively referred to as “Feedback”, you grant us a perpetual, worldwide, transferable, sublicensable and royalty-free licence to use, reproduce, modify, publish, translate, distribute and display such Feedback in any medium for any lawful purpose, including commercial use.

We may use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentives received in connection with your submission of Feedback.

  3. Your Feedback complies with these Terms.

  4. Your Feedback does not violate any third party’s intellectual-property, privacy or other legal rights.

  5. Your Feedback is accurate to the best of your knowledge.

We are under no obligation to:

  1. Maintain your Feedback in confidence.

  2. Pay compensation for your Feedback.

  3. Publish your Feedback.

  4. Respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, infringing, fraudulent or otherwise objectionable.

You agree that your Feedback will not contain unlawful, abusive, obscene or malicious material, viruses or other malware that could affect the operation of the Services or any related website.

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 Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel affected orders if information is inaccurate, including after you have submitted your order, subject to applicable law.

If we cancel an order after payment has been received, we will refund the applicable amount to the original payment method.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  1. For any unlawful, fraudulent or malicious purpose.

  2. To violate any international, federal, state, territorial or local law or regulation.

  3. To infringe our intellectual-property rights or the intellectual-property rights of others.

  4. To violate privacy or data-protection rights.

  5. To harass, abuse, insult, harm, defame, threaten, intimidate or discriminate against another person.

  6. To transmit false or misleading information.

  7. To upload, download, use or reuse material that does not comply with these Terms.

  8. To transmit advertising or promotional material, including spam or unsolicited messages.

  9. To impersonate or attempt to impersonate another person or entity.

  10. To engage in conduct that restricts or inhibits another person’s use or enjoyment of the Services.

  11. To engage in conduct that may harm Amira Label, Shopify, our customers or another party.

You also agree not to:

  1. Upload or transmit viruses or malicious code.

  2. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without permission.

  3. Collect or track personal information unlawfully.

  4. Spam, phish, pharm, pretext, spider, crawl or scrape.

  5. Interfere with or circumvent security features of the Services, related websites, other websites or the Internet.

We reserve the right to suspend, restrict or terminate your account or access to the Services if we reasonably determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

You may stop using the Services at any time.

We may terminate this agreement or restrict, suspend or terminate your access to the Services where reasonably necessary, including where:

  1. You violate these Terms.

  2. Fraud, misuse or unlawful activity is suspected.

  3. The Services are discontinued.

  4. We are required to do so by law.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of this information.

Any reliance you place on such information is at your own risk, subject to applicable law.

Except as expressly stated by Amira Label or required by applicable law, the Services and all products offered through the Services are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim implied warranties or conditions concerning merchantability, merchantable quality, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

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

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

SECTION 16 - LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

To the fullest extent permitted by law, Amira Label, MB Collective, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products.

This may include lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption or loss of opportunity.

Any limitation of liability applies only to the fullest extent permitted by applicable law.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Amira Label, MB Collective, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims arising from:

  1. Your material breach of these Terms of Service or documents incorporated by reference.

  2. Your unlawful use of the Services.

  3. Your violation of applicable law or the rights of a third party.

  4. Content or Feedback submitted by you.

This obligation will not apply to the extent that a claim was caused by our negligence, unlawful conduct or breach of legal obligations.

We will provide reasonable notice of an indemnifiable claim, and you agree to reasonably cooperate in its defence.

SECTION 18 - SEVERABILITY

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

The unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us concerning your use of the Services.

They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, relating to the same subject matter.

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

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

Any unauthorised attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations where reasonably necessary in connection with a business sale, corporate restructuring, merger, acquisition, transfer to an affiliate or legal or operational reorganisation, subject to applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

You and Amira Label submit to the jurisdiction of the courts of New South Wales, Australia, except where applicable consumer law gives you the right to bring proceedings in another jurisdiction.

Nothing in this section limits any mandatory consumer protections that apply in your place of residence.

SECTION 22 - HEADINGS

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

SECTION 23 - 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 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.

Where required by applicable law, we will notify you of material changes to these Terms, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the effective date of updated Terms constitutes acceptance of those changes, except where applicable law requires explicit consent.

SECTION 24 - CONTACT INFORMATION

Store name: Amira Label

Company name: Email Solutions

Warehouse Address: 93A High St, Wauchope NSW 2446, Australia

Email: support@amiralabel.com

Telephone: +61 2 8355 5873

Our customer service is available from:

Monday to Friday | 09:00 – 17:00 (GMT+11)

Saturday | 12:00 p.m. – 5:00 p.m. (GMT+11)

Sunday and public holidays: Closed

We aim to respond to your inquiries within 24 hours.