Terms of service
Overview
Welcome to Amber Nicola! The terms “we,” “us,” and “our” refer to Amber Nicola. Amber Nicola operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Amber Nicola is powered by Shopify, enabling us to provide the Services to you.
The following terms and conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as 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 [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you may not access or use our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age according to the laws of the state or province where you reside, and that you have permission to allow any minor household members to use the Services on devices you own, purchase, or manage.
To use the Services, including visiting or browsing our stores or purchasing products or services offered, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information provided to our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to anyone else.
ARTICLE 2 – OUR PRODUCTS
We strive to provide the most accurate descriptions of our products and services in our stores. However, colors and appearances may differ from what is displayed on your screen. This may be due to the type of device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representation or description in our store.
All product descriptions may be modified at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of a product at any time and may limit quantities per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
When you place an order, you make an offer to purchase. Amber Nicola reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until Amber Nicola confirms it. We must have received and processed your payment before accepting your order. Please review your order carefully before submitting it. Amber Nicola may not honor cancellation requests after your order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number you provided during the order process.
Purchases can only be returned or exchanged in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for personal use or household use only, and not for commercial resale or export.
ARTICLE 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place your order. This price is reflected in the confirmation email you receive after your order. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices displayed in our stores may differ from prices in physical stores or other online stores managed by third parties. We may offer promotions from time to time that could affect pricing, subject to separate terms and conditions. In the event of a conflict between promotion terms and these Terms, promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including email addresses, credit card numbers, and expiration dates, so that we can complete transactions and contact you if necessary.
You represent and warrant that:
(i) the credit card information you provide is accurate, correct, and complete;
(ii) you are authorized to use the credit card for purchases;
(iii) your card issuer approves the charges; and
(iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once products are handed over to the carrier, ownership and risk of loss pass to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are the property of Amber Nicola, its affiliates, or licensors and are protected by patent, copyright, and intellectual property laws in the United States and other countries.
These Terms allow you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material without prior written permission. Nothing in these Terms grants any license or rights under any patent, trademark, copyright, or other intellectual property of Amber Nicola, Shopify, or any third party. Unauthorized use may constitute a violation of federal and national intellectual property laws. All rights not expressly granted are reserved by Amber Nicola.
The names, logos, product names, service names, design elements, and slogans of Amber Nicola are trademarks of Amber Nicola or its affiliates/licensors and may not be used without prior written permission. Shopify’s name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans in the Services are trademarks of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services. We do not monitor or control these tools.
You acknowledge that access is provided “as is” and “as available,” without warranties or recommendations of any kind. Use of these tools is at your own risk. You must comply with the terms of the third-party providers.
Future features, tools, and resources offered via the Services are also subject to these Terms.
ARTICLE 8 – LINKS TO THIRD-PARTY SITES
The Services may contain materials and hyperlinks to third-party websites (including embedded functionality). We are not responsible for evaluating content or accuracy of such sites. Accessing them is at your own risk.
We are not liable for any damages or consequences related to third-party websites or purchases made there. Contact the third party directly for questions or claims.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANTS: Do not remove or modify this section.]
Amber Nicola uses Shopify to provide the Services. All sales and purchases are conducted directly with Amber Nicola. By using the Services, you acknowledge that Shopify is not responsible for any sales-related issues, including injury, damage, or loss resulting from purchased products or services. You release Shopify and its affiliates from all claims and liabilities arising from transactions with Amber Nicola.
ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK]. Some personal information may also be governed by Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read the applicable policies.
Because Shopify hosts the Services, Shopify collects and processes personal information regarding your use of the Services to provide and improve the Services. Information submitted is shared with Shopify and possibly third parties in other countries.
ARTICLE 11 – FEEDBACK
By submitting feedback, reviews, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
You represent and warrant that you own or have the rights to provide the Feedback, disclosed any incentives received, and that Feedback complies with these Terms.
ARTICLE 12 – ERRORS, INACCURACIES, OMISSIONS
Information on the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and to modify or update information. We may cancel orders if relevant information is inaccurate.
ARTICLE 13 – PROHIBITED USE
You may use the Services only for lawful purposes. You may not:
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Violate laws or regulations
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Infringe intellectual property
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Harass, defame, or threaten others
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Send false or misleading information
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Upload malware or viruses
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Collect personal information improperly
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Bypass security features
We may suspend or terminate your account for violations.
ARTICLE 14 – TERMINATION
We may terminate your access to the Services at any time without notice. You remain liable for amounts owed up to termination. Certain sections survive termination, including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
ARTICLE 15 – DISCLAIMER OF WARRANTIES
Services and products are provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, or non-infringement.
ARTICLE 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Amber Nicola, its partners, directors, affiliates, Shopify, and their affiliates are not liable for damages, including indirect, incidental, or consequential losses, arising from use of Services or products.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify Amber Nicola, Shopify, and their affiliates from all losses, damages, claims, or expenses arising from:
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Violation of Terms
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Violation of law or rights of third parties
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Your use of the Services
ARTICLE 18 – SEVERABILITY
If any provision is deemed unenforceable, it will not affect the enforceability of other provisions.
ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce a right does not constitute a waiver. These Terms, along with any policies, constitute the entire agreement and supersede prior agreements.
ARTICLE 20 – ASSIGNMENT
You may not assign or delegate rights or obligations without our prior written consent. We may assign these Terms without notice.
ARTICLE 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction of Amber Nicola’s headquarters. You consent to the exclusive jurisdiction of courts in that jurisdiction.
ARTICLE 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
ARTICLE 23 – CHANGES TO TERMS OF SERVICE
We reserve the right to update, modify, or replace these Terms at any time. Updates are posted on the website. Continued use constitutes acceptance.
ARTICLE 24 – CONTACT INFORMATION
Questions regarding these Terms of Service can be directed to:
Amber Nicola
Email: ambernicola@protonmail.com
VAT Identification Number: NL005193770B55
Business Registration Number (Chamber of Commerce): 96176679