Terms of service
OVERVIEW
Welcome to AMATA! The terms “we”, “us”, and “our” refer to AMATA. AMATA operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a complete shopping experience (the “Services”). AMATA is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (“Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information regarding 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 the Privacy Policy, you must 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 province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are responsible for maintaining your account and protecting your account credentials. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to display our products and services as accurately as possible in our online stores. However, the display of colors and the appearance of products may vary depending on the device you use to access the store and your device settings and configuration.
We cannot guarantee that the appearance or quality of any products or services you purchase will meet your expectations or exactly match what is described or displayed in our online stores.
All product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. AMATA reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until AMATA accepts it. Before accepting an order, we must receive and process payment. Please review your order carefully before submitting it, as AMATA may not be able to accommodate cancellation requests once an order has been accepted.
If we reject, modify, or cancel an order, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Refund Policy.
You represent and warrant that you are purchasing products for personal or household use only and not for resale or export.
SECTION 4 – PRICING 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 submitted and will be stated in your order confirmation email. Unless otherwise stated, posted prices do not include taxes or customs duties, shipping, handling, or import charges.
Prices published in our online stores may differ from prices offered in physical stores or by third-party retailers. From time to time, we may offer promotions related to the Services that are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are authorized to use such credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by AMATA, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our written consent. Except as expressly stated, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of AMATA, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by AMATA.
The names, logos, product names, service names, designs, and slogans of AMATA are trademarks of AMATA or its affiliates or licensors. You may not use such trademarks without AMATA’s prior written permission. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services that we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
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 or accuracy of third-party materials or websites. If you choose to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties. Please review carefully the policies and practices of any third parties 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
AMATA is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our Store are conducted directly with AMATA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and AMATA, including any injury, damage, or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from any claims, damages, or liabilities arising from or related to your purchases and transactions with AMATA.
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, available here. By using the Services, you acknowledge that you have read these privacy policies.
As part of providing the Services, Shopify collects and processes personal data related to your access to and use of the Services in order to provide and improve the Services. Data you submit through the Services may be transferred to and shared with Shopify and third parties located in countries other than your own. Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.
You further represent and agree that: (i) you own or control all rights in and to the Feedback; (ii) you have disclosed any compensation or incentives received in exchange for submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain any Feedback in confidence; (2) compensate you for any Feedback; or (3) respond to any Feedback.
Although we are not obligated to do so, we may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor contain any computer virus or malware that could affect the operation of the Services or any related website.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly, to: (a) engage in unlawful or malicious activity; (b) violate any laws or regulations; (c) infringe upon our intellectual property rights or those of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (e) submit false or misleading information; (f) upload or transmit material that violates these Terms; (g) distribute spam or unsolicited promotional material; (h) impersonate another person or entity; or (i) interfere with the proper functioning of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, or exploit any portion of the Services; (c) collect personal information of others; (d) engage in phishing, scraping, or similar practices; or (e) interfere with security features of the Services. We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or suspend your access to the Services at any time, without notice, at our sole discretion. You remain responsible for all amounts due up to the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is made available for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information.
EXCEPT AS EXPRESSLY STATED BY AMATA, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THEM ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, 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.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMATA, SHOPIFY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AMATA, Shopify, and their affiliates, partners, officers, directors, employees, agents, licensors, and service providers from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure by AMATA or Shopify to enforce any provision of these Terms shall not constitute a waiver of such provision.
These Terms and any policies posted by us constitute the entire agreement between you and AMATA regarding the Services and supersede all prior agreements and communications.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide the Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which AMATA is headquartered.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THE 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 on our website. It is your responsibility to check our website periodically for changes. Continued use of the Services following any updates constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to: info@amatamilano.com