Terms of service
OVERVIEW
Welcome to Am Di Avenue. The terms “we”, “us” and “our” refer to Am Di Avenue. Am Di Avenue operates this store and website, including all related information, content, features, tools, products and services, to provide you with our online shopping services (the “Services”).
Am Di Avenue is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when you access or use our Services.
By visiting, interacting with or using our Services, including purchasing from Am Di Avenue, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are legally capable of entering into an agreement with us or have the consent of a parent or legal guardian where required.
You agree that information you provide when using the Services, including your email address, billing information, payment information and shipping information, is accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible. However, colours and appearance may vary slightly depending on your device, screen settings, lighting and photography.
Many Am Di Avenue garments are one-of-a-kind and handmade. Small variations may occur as a result of the handmade nature of a garment. These characteristics do not affect any rights you may have under the Australian Consumer Law.
Product descriptions, availability and other product information may be updated where reasonably necessary.
Unless otherwise stated, one-of-a-kind products are available in a quantity of one. Once a one-of-a-kind product has been sold, the same piece may not be available again.
Please review all product descriptions, sizing information and garment measurements carefully before purchasing.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products from Am Di Avenue. An order is subject to acceptance and successful payment.
We reserve the right to refuse or cancel an order where reasonably necessary, including where a product is unavailable, there is an error in pricing or product information, we suspect fraudulent activity, or we are unable to fulfil the order.
If we cancel an order after payment has been received, we will provide an appropriate refund for the cancelled order.
Please review your order carefully before submitting it. Because our pieces are one-of-a-kind, we may be unable to accommodate cancellation or amendment requests once an order has been processed.
Returns and refunds are handled in accordance with our Return & Refund Policy and the Australian Consumer Law.
Products purchased from Am Di Avenue are intended for personal use unless otherwise agreed with us.
SECTION 4 – PRICES AND PAYMENT
All prices displayed on the Am Di Avenue website are in Australian dollars (AUD), unless otherwise stated.
The price charged will be the price displayed at checkout at the time your order is placed, subject to correction of genuine errors where permitted by law.
Shipping charges, where applicable, will be displayed during checkout before you complete your purchase.
You agree to provide accurate and complete payment and billing information and confirm that you are authorised to use the payment method provided.
We may offer promotions or discounts from time to time. Additional conditions may apply to individual promotions.
SECTION 5 – SHIPPING AND DELIVERY
Am Di Avenue currently ships within Australia.
Orders are generally processed and prepared for dispatch within 1–3 business days. Estimated delivery timeframes displayed on our website begin after dispatch and are estimates only.
Standard shipping is currently estimated at 3–5 business days after dispatch, while Express shipping is currently estimated at 1–2 business days after dispatch.
Delivery timeframes may be affected by carrier delays, public holidays, weather events and other circumstances outside our reasonable control.
Customers are responsible for providing an accurate and complete shipping address. If you notice an error in your shipping information, please contact us as soon as possible at hello@amdiavenue.com. We will try to assist before dispatch, but changes cannot be guaranteed once an order has been processed or dispatched.
If an order appears to have been lost or damaged in transit, please contact us so we can investigate the matter with the relevant shipping carrier.
Nothing in this section excludes or limits rights or remedies available under the Australian Consumer Law.
For further information, please refer to our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through the Am Di Avenue website, including our brand name, logos, garment designs, original text, photographs, graphics, videos and other original content, is owned by or licensed to Am Di Avenue and may be protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes.
You must not reproduce, copy, distribute, modify, publish, commercially exploit or otherwise use Am Di Avenue content without our prior written permission, except where permitted by law.
Am Di Avenue's name, branding, logos and original designs must not be used in a way that suggests an association with or endorsement by Am Di Avenue without our permission.
Nothing in these Terms transfers ownership of our intellectual property to you.
SECTION 7 – OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to features, applications or tools operated by third parties.
Your use of third-party services may be subject to separate terms and privacy policies imposed by those third parties. Where you choose to use a third-party service, you should review the applicable terms before doing so.
We are not responsible for third-party services to the extent permitted by law, except where liability cannot lawfully be excluded.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability or practices of third-party websites that are outside our control.
Before making a transaction with a third party, you should review that third party’s terms and policies.
Nothing in this section excludes any rights that cannot lawfully be excluded.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Am Di Avenue is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Am Di Avenue.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Am Di Avenue, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Am Di Avenue, to the extent permitted by applicable law.
SECTION 10 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process certain personal information in connection with your use of the Services.
Information may also be provided to service providers where necessary to operate our store, process payments, fulfil orders, provide customer service or otherwise provide the Services.
Please refer to our Privacy Policy for further information about how personal information is handled.
SECTION 11 – REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily provide us with feedback, suggestions, reviews, photographs or other content, you confirm that you have the right to provide that content.
You must not submit content that infringes another person's intellectual property, privacy or other legal rights, or that is unlawful, misleading, defamatory, abusive or malicious.
Where you expressly provide content to Am Di Avenue for publication or promotional use, you grant us permission to use that content for the purposes communicated to you, subject to applicable law.
We reserve the right to remove unlawful or inappropriate user-submitted content where reasonably necessary.
SECTION 12 – ERRORS AND INACCURACIES
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, availability, promotions, shipping charges or delivery estimates.
We may correct genuine errors or update information where reasonably necessary.
If an error materially affects an order you have already placed, we will contact you where appropriate and deal with the order in accordance with applicable law.
SECTION 13 – PROHIBITED USES
You must not use the Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or the rights of others;
- to transmit malicious software or harmful code;
- to collect or misuse another person's personal information;
- to impersonate another person or entity;
- to interfere with the security or operation of the Services;
- to engage in abusive, threatening, defamatory or harmful conduct; or
- to scrape, reproduce or commercially exploit our website or content without authorisation, except where permitted by law.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been seriously breached.
SECTION 14 – AUTOMATED TOOLS AND AGENTS
Automated systems, bots, agents or similar technologies must not access or interact with the Services in a manner that circumvents security measures, interferes with the operation of the website, misrepresents the nature of the interaction, or breaches these Terms or applicable law.
We may use reasonable technical measures to protect the Services from unauthorised automated access.
SECTION 15 – TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached or the Services are being used unlawfully.
Any provisions that by their nature should continue after termination will remain in effect.
SECTION 16 – AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms, our Return & Refund Policy or any other Am Di Avenue policy is intended to exclude, restrict or modify rights or remedies that cannot lawfully be excluded.
Where a product does not comply with an applicable consumer guarantee, remedies may include repair, replacement, refund or compensation depending on the circumstances and the requirements of the Australian Consumer Law.
Our policies regarding change-of-mind returns operate in addition to these statutory rights.
SECTION 17 – LIABILITY
To the maximum extent permitted by law, Am Di Avenue will not be liable for losses that are not reasonably foreseeable or that are not caused by a breach of our obligations.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Am Di Avenue against reasonable losses, liabilities or claims arising directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person's rights.
This section does not apply to the extent that a loss was caused by Am Di Avenue or where such an obligation cannot lawfully be imposed.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed or limited to the extent necessary, and the remaining provisions will continue to apply where legally possible.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, this does not mean that we waive that right.
These Terms, together with the policies incorporated or referred to within them, form the agreement governing your use of the Services, subject to any rights that apply under law.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.
We may assign or transfer our rights and obligations where permitted by law, including in connection with a sale, transfer or restructuring of the business.
SECTION 22 – GOVERNING LAW
These Terms are governed by the laws applicable in Victoria, Australia.
You and Am Di Avenue submit to the jurisdiction of the courts and tribunals of Victoria and any courts with jurisdiction to hear appeals from them, subject to any rights you may have under applicable law.
SECTION 23 – HEADINGS
Headings are provided for convenience and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or applicable laws.
The current version will be published on this page.
Where required by applicable law, we will provide appropriate notice of material changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Am Di Avenue
Email: hello@amdiavenue.com
Victoria, Australia