Terms of service

Overview

This website is operated by Ayla Boutique. Throughout this site, the terms "we," "us," and "our" pertain to Ayla Boutique. We offer this website, along with all the information, tools, and services available here, to you, the user. Your usage of our "Service" is subject to your acceptance of all the terms, conditions, policies, and notices stated here.

By visiting our site and/or making a purchase from us, you are engaging in our "Service" and thereby agreeing to adhere to the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors.

Prior to accessing or utilizing our website, we strongly urge you to carefully read these Terms of Service. By accessing or using any part of the site, you are expressing your consent to abide by these Terms of Service. Should you disagree with any of the terms and conditions outlined in this agreement, your access to the website and use of any services is prohibited. If these Terms of Service are perceived as an offer, your acceptance is expressly confined to these Terms of Service.

Any new features or tools added to the current store will be governed by the Terms of Service. You have the option to review the most up-to-date version of the Terms of Service at any time on this page. We maintain the right to modify, amend, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically review this page for any modifications. Continued usage or access of the website following the posting of any changes implies your acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that enables us to offer our products and services to you.

SECTION 1 - Online Store Terms

By accepting these Terms of Service, you affirm that you have reached the age of majority in your state or province of residence. Furthermore, if you are of the age of majority in your state or province of residence and have provided your consent, you permit any of your minor dependents to use this site.

You are strictly prohibited from employing our products for any unlawful or unauthorized purpose. In the utilization of the Service, you are also forbidden from contravening any laws in your jurisdiction, including, but not limited to, copyright laws.

It is imperative that you refrain from transmitting any worms, viruses, or any other code with destructive characteristics.

Any breach or violation of these Terms will result in the immediate termination of your services.

SECTION 2 - General Conditions

We retain the prerogative to decline Service to any individual at our discretion and without specifying any cause.

It is important to comprehend that your content (excluding credit card information) might be transmitted without encryption and may encompass (a) transmissions over diverse networks and (b) alterations to conform and comply with the technical prerequisites of connecting networks or devices. Nevertheless, credit card information is invariably encrypted during transmission over networks.

You assent not to duplicate, replicate, imitate, vend, exploit any part of the Service, the use of the Service, or the access to the Service, or any interaction on the website via which the Service is delivered, unless granted express written authorization by us.

The headings employed in this agreement are incorporated for convenience solely and will not constrain or in any other way affect these Terms.

SECTION 3 - Accuracy, Completeness, and Timeliness of Information

We wish to underline that we cannot be held responsible if the information presented on this site is found to be inaccurate, incomplete, or outdated. The content on this site is intended for general informational purposes exclusively and should not be solely relied upon for decision-making. It is advisable to consult primary sources that offer information that is more accurate, comprehensive, or up-to-date before making any decisions. Any reliance placed on the content provided on this site is entirely at your own risk.

This site might feature historical information, which by its nature, is not current, and is made available solely for reference purposes. We retain the right to amend the content on this site at any given time; however, we are not obligated to update any information provided on our site. You acknowledge that it is your responsibility to monitor any alterations made to our site.

SECTION 4 - Modifications to the Service and Prices

Prices for our products are subject to alteration without prior notice.

We hold the right to make modifications to or discontinue the Service, or any part of it, at any time, without notice.

We shall not be held liable to you or any third party for any alterations, price adjustments, suspensions, or discontinuation of the Service.

SECTION 5 - Products or Services (if applicable)

Certain products or Services may only be available for purchase through our website. These products or Services may possess limited quantities and are eligible for return or exchange solely in accordance with our Refund Policy: Refund Policy

We have made conscientious efforts to accurately display the colors and images of our products featured in our store. Nevertheless, we are unable to guarantee that your computer monitor will accurately replicate any color display.

We retain the right, although not obligatory, to restrict the sale of our products or Services to any individual, geographic region, or jurisdiction. We may opt to exercise this right on a case-by-case basis. Furthermore, we reserve the right to limit the quantities of any products or Services offered. Descriptions of products and pricing are subject to change at any given time without notice and are solely at our discretion. We maintain the right to discontinue any product at any time. Any offers made on this site for products or Services are void where prohibited.

We do not provide a warranty that the quality of any products, Services, information, or other materials acquired by you will meet your expectations, or that any errors in the Service will be rectified.

SECTION 6 - Accuracy of Billing and Account Information

We retain the authority to decline any orders placed with us. In our sole discretion, we may choose to limit or cancel the quantities of items purchased per individual, per household, or per order. These limitations may extend to orders placed under the same customer account, orders utilizing the same credit card, or orders sharing identical billing and/or shipping addresses. If such a change or cancellation is made to an order, we will make an effort to notify you by using the email address or billing address/phone number provided at the time the order was initiated. Our prerogative includes restricting or prohibiting orders that, in our sole judgment, seem to be placed by dealers, resellers, or distributors.

By accessing our store, you affirm your commitment to providing current, comprehensive, and accurate purchase and account information for all transactions executed in our store. You also pledge to promptly update your account and related information, including but not limited to your email address and credit card details (including expiration dates). This allows us to process your transactions and contact you as the need arises.

For additional information, we encourage you to peruse our Refund Policy: Refund Policy

SECTION 7 - Optional Tools

We may grant you access to third-party tools, over which we have no oversight or control. You recognize and accept that we offer access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We bear no liability arising from or related to your use of these optional third-party tools. Your use of any optional tools offered through the site is solely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and consent to the terms on which these tools are provided by the relevant third-party provider(s). In the future, we may introduce new Services and features through the website, including new tools and resources. These new features and Services will also be subject to these Terms of Service.

SECTION 8 - Third-Party Links

Certain content, products, and Services available through our Service may contain materials from third parties. Third-party links on this site may redirect you to websites not affiliated with us. We do not assess or evaluate the content or accuracy of these links, and we do not warrant or assume any responsibility for any third-party materials or websites. This includes any materials, products, or Services provided by third parties. We are not accountable for any damage or harm resulting from the purchase or use of goods, Services, resources, content, or any other transactions in connection with any third-party websites. Before engaging in any transactions, please thoroughly review the policies and practices of these third parties and ensure your understanding. Any concerns, questions, claims, or complaints regarding third-party products should be directed to the third-party involved.

SECTION 9 - User Comments, Feedback, and Other Submissions

If, at our request, you submit certain specific materials (such as contest entries), or without our request, you provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively referred to as 'comments'), you agree that we may use, without restriction, at any time, any comments that you forward to us. This use may include editing, copying, publishing, distributing, translating, or any other form of utilization in any medium. We are not under any obligation (1) to keep your comments confidential; (2) to provide compensation for your comments; or (3) to respond to your comments.

While we reserve the right to monitor, edit, or remove content that we, in our sole discretion, find to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or content that violates any party's intellectual property or these Terms of Service, we have no obligation to do so.

You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and hold no liability for any comments posted by you or any third party.

SECTION 10 - Personal Information

The collection and submission of personal information through the store are subject to our Privacy Policy, available for your reference here: Privacy Policy

SECTION 11 - Errors, Inaccuracies, and Omissions

Occasionally, you may come across information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to correct any such errors, inaccuracies, or omissions. We may change or update information or cancel orders if the information in the Service or on any related website is inaccurate, at any time and without prior notice, even after you've submitted your order.

We are under no obligation to update, amend, or clarify information in the Service or on any related website, such as pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.

SECTION 12 - Prohibited Uses

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for:

(a) Any unlawful purpose

(b) Soliciting others to perform or participate in any unlawful acts

(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances

(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

(f) Submitting false or misleading information

(g) Uploading or transmitting viruses or any other type of malicious code that may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet

(h) Collecting or tracking the personal information of others

(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping

(j) Any obscene or immoral purpose

(k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - Disclaimer of Warranties; Limitation of Liability

We cannot guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You acknowledge that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and Services delivered to you through it are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ayla Boutique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. These may be based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service. This also applies to any other claims related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service. Even if advised of their possibility.

Please note that some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - Indemnification

You agree to indemnify, defend, and hold harmless Ayla Boutique, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination and may deny you access to our Services, or any part thereof.

SECTION 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. This includes, but is not limited to, any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - Governing Law

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

SECTION 19 - 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, at our sole discretion, 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - Contact Information

Questions about the Terms of Service should be directed to us at sales@ayla.com.au. Our contact information is provided below:

Ayla Boutique

Email: sales@ayla.com.au