Terms of service

Last updated: upon publication

Welcome to Amber Sole. These Terms of Service ("Terms") govern your access to and use of the Amber Sole online store and website (the "Store") and any purchase of products made through it. By browsing the Store or placing an order, you agree to these Terms. Please read them carefully before using the Store.

Throughout these Terms, "Amber Sole", "we", "us" and "our" refer to the Amber Sole online store. "You" and "your" refer to any person who visits the Store or purchases from it.

These Terms apply in accordance with European Union consumer protection law, including the Consumer Rights Directive (2011/83/EU), the Sale of Goods Directive (EU) 2019/771, the Unfair Contract Terms Directive (93/13/EEC) and the General Data Protection Regulation (EU) 2016/679 ("GDPR"). Nothing in these Terms limits or excludes any mandatory rights you have as a consumer under the laws of your country of residence.

1. Eligibility

To place an order, you must be at least 18 years old or have reached the age of majority in your country of residence. If you are under that age, you may only use the Store with the involvement and consent of a parent or legal guardian.

By using the Store, you confirm that the information you provide is accurate, complete and up to date.

2. Customer Account

You may place orders as a guest or by creating an account. If you create an account, you are responsible for:

  • keeping your login details confidential;
  • all activity that takes place under your account;
  • notifying us promptly at contact@ambersole.com if you suspect unauthorised use of your account.

We may suspend or close an account if we have reasonable grounds to believe it is being used fraudulently or in breach of these Terms. Where appropriate, we will inform you of the reason.

3. Products and Product Information

We make every effort to describe and display our products as accurately as possible, including their colours, materials, sizes and characteristics. However, colours may vary slightly depending on your screen settings, and these minor variations do not constitute a defect.

All products are subject to availability. If a product becomes unavailable after you have placed your order, we will inform you as soon as possible and refund any amount already paid without undue delay.

4. Prices

All prices in the Store are displayed in Euro (EUR) and include Value Added Tax (VAT) at the applicable rate. Shipping costs are not included in the product price; they are shown clearly at checkout before you confirm your order.

We reserve the right to change prices at any time. Price changes will not affect orders that have already been confirmed.

If a product is listed at an obviously incorrect price due to a technical or typographical error, we will contact you before dispatching the order. You may then choose to confirm the order at the correct price or cancel it and receive a full refund.

When we announce a price reduction, the prior price shown will be the lowest price applied during the 30 days before the reduction, in accordance with the Price Indication Directive (98/6/EC, as amended by Directive (EU) 2019/2161).

5. Orders and Formation of the Contract

The product listings in the Store are an invitation to make an offer. When you place an order, you make an offer to purchase the selected products under these Terms.

After you submit your order, you will receive an automatic email acknowledging receipt. This email does not constitute acceptance of your order. A binding contract between you and Amber Sole is formed only when we send you an email confirming that your order has been accepted or dispatched.

Before submitting your order, you will be able to review the products, quantities, prices, shipping costs and total amount, and to correct any input errors.

We may refuse or cancel an order in specific circumstances, such as suspected fraud, payment failure, product unavailability or obvious pricing errors. In such cases, any amount already charged will be refunded in full without undue delay.

6. Payment

Payment is made through the secure payment methods displayed at checkout. Payment is due at the time of ordering. Your payment details are processed by certified third-party payment providers and are not stored by Amber Sole.

Where required, payments are subject to Strong Customer Authentication under the Payment Services Directive (EU) 2015/2366 (PSD2). Your order will be processed only once payment has been successfully authorised.

7. Shipping and Delivery

We deliver to the countries listed at checkout. Estimated delivery times and costs are shown before you complete your purchase and are further detailed in our Shipping Policy.

Unless another delivery date has been agreed, we will deliver your order no later than 30 days after the contract is formed. If we fail to deliver within the agreed period, you may set an additional reasonable period for delivery; if we do not deliver within that additional period, you are entitled to terminate the contract and receive a full refund.

The risk of loss of or damage to the products passes to you only when you, or a third party designated by you (other than the carrier), take physical possession of the goods.

8. Right of Withdrawal (60 Days)

If you are a consumer, you have the right to withdraw from your contract within 60 days without giving any reason.

The withdrawal period expires 60 days after the day on which you, or a third party designated by you (other than the carrier), take physical possession of the goods. If your order includes multiple items delivered separately, the period expires 60 days after you receive the last item.

To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement, for example by email to contact@ambersole.com. You may use the model withdrawal form below, but it is not obligatory. To meet the deadline, it is sufficient to send your communication before the withdrawal period has expired.

Model withdrawal form

> To Amber Sole, contact@ambersole.com:
> I/We hereby give notice that I/we withdraw from my/our contract for the sale of the following goods:
> Ordered on / received on:
> Name of consumer(s):
> Address of consumer(s):
> Signature of consumer(s) (only if this form is notified on paper):
> Date:

Effects of withdrawal

  • We will refund all payments received from you, including the standard delivery costs, without undue delay and in any event no later than 60 days from the day we are informed of your decision to withdraw.
  • If you chose a delivery method more expensive than the least expensive standard delivery we offer, we are not required to refund the additional cost.
  • The refund will be made using the same payment method you used for the original transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund.
  • We may withhold the refund until we have received the goods back or until you have supplied proof of having sent them back, whichever is earlier.
  • You must send back the goods without undue delay and in any event no later than 60 days from the day you notify us of your withdrawal.
  • Unless otherwise stated in our Refund Policy, you bear the direct cost of returning the goods.
  • You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning (for example, trying on items as you would in a physical shop).

Exceptions

In accordance with Article 16 of the Consumer Rights Directive, the right of withdrawal does not apply to:

  • goods made to your specifications or clearly personalised;
  • sealed goods that are not suitable for return for health protection or hygiene reasons and have been unsealed after delivery.

Full details on how to return items are available in our Refund Policy.

9. Legal Guarantee of Conformity

All products sold by Amber Sole are covered by the legal guarantee of conformity under the Sale of Goods Directive (EU) 2019/771. We are liable for any lack of conformity that exists at the time of delivery and becomes apparent within at least two years of delivery, or a longer period where provided by the law of your country of residence.

Any lack of conformity that becomes apparent within one year of delivery (or a longer period where provided by national law) is presumed to have existed at the time of delivery, unless proven otherwise.

If a product is not in conformity, you are entitled to:

  • have the product repaired or replaced, free of charge and within a reasonable time;
  • where repair or replacement is impossible, disproportionate, not carried out within a reasonable time or the defect is serious, a proportionate price reduction or termination of the contract with a full refund.

The legal guarantee does not cover normal wear and tear, damage caused by misuse, accidents, improper care or modifications made by you or third parties.

To make a claim, please contact us at contact@ambersole.com with your order number, a description of the issue and, where possible, photographs.

10. Intellectual Property

All content in the Store, including text, images, photographs, logos, graphics, product designs, the Amber Sole name and trademarks, is owned by or licensed to Amber Sole and protected by intellectual property laws.

You may view and print content for personal, non-commercial use only. Any reproduction, distribution, modification or commercial use without our prior written consent is prohibited.

11. User Content and Reviews

If you submit reviews, comments, photos or other content to the Store, you confirm that the content is your own, is accurate and does not infringe the rights of any third party or violate any law.

You grant Amber Sole a non-exclusive, royalty-free licence to use, reproduce and display such content in connection with the Store and our marketing. We may remove content that is unlawful, offensive, misleading or otherwise inappropriate.

In line with EU rules on consumer reviews, we take reasonable steps to ensure that published reviews come from customers who have actually purchased or used the products.

12. Prohibited Uses

When using the Store, you agree not to:

  • use the Store for any unlawful or fraudulent purpose;
  • attempt to gain unauthorised access to our systems, accounts or data;
  • introduce viruses, malware or other harmful code;
  • use automated tools (such as bots or scrapers) to extract content without our permission;
  • impersonate any person or misrepresent your identity;
  • interfere with the proper functioning or security of the Store.

13. Third-Party Links and Services

The Store may contain links to third-party websites or services, such as payment providers or carriers. We are not responsible for the content, policies or practices of these third parties. Your use of third-party services is governed by their own terms and privacy policies.

14. Privacy and Personal Data

We process your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and applicable national data protection laws. Information on what data we collect, why we collect it, how long we keep it and how you can exercise your rights (including access, rectification, erasure, restriction, portability and objection) is set out in our Privacy Policy.

15. Limitation of Liability

Amber Sole is liable in accordance with applicable law. However, to the extent permitted by law:

  • we are not liable for losses that were not reasonably foreseeable when the contract was formed;
  • we are not liable for losses caused by events beyond our reasonable control (see Section 16);
  • we are not liable for business losses, as the Store is intended for consumers for private use.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence, for liability under applicable product liability legislation, or for any other liability that cannot be limited or excluded under mandatory law. Your statutory rights as a consumer, including the legal guarantee of conformity and the right of withdrawal, remain unaffected.

16. Force Majeure

We are not responsible for delays or failure to perform our obligations caused by events beyond our reasonable control, such as natural disasters, pandemics, strikes, war, governmental actions, power outages or carrier disruptions. In such cases, we will inform you as soon as possible and take reasonable steps to minimise the impact. If the delay is significant, you may cancel your order and receive a full refund.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes in the law, our services or our business practices. The updated version will be published in the Store with the date of the latest revision. The Terms in force at the time you place your order will apply to that order.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the European Union member state in which Amber Sole is established. However, if you are a consumer, you will continue to benefit from the mandatory protections of the law of your country of habitual residence, in accordance with Article 6 of the Rome I Regulation (EC) No 593/2008.

In the event of a dispute, we encourage you to contact us first at contact@ambersole.com so we can try to find an amicable solution. If we are unable to resolve the matter, you may refer the dispute to an alternative dispute resolution (ADR) body in your country or bring a claim before the competent courts of your country of residence, as provided under the Brussels I bis Regulation (EU) No 1215/2012. The European Consumer Centres Network (ECC-Net) can also provide free assistance with cross-border consumer disputes within the EU.

Contact

If you have any questions about these Terms of Service, your order or your rights as a consumer, please contact us:

Amber Sole
Email: contact@ambersole.com