Terms of service
Terms of Service
Last updated: 1 September 2026
1) Who we are and scope
This website and online store (together, the "Services") are operated by Emma Rose Smith ("Emma Rose Smith", "we", "us", "our"). By visiting our website or placing an order, you accept these Terms of Service (the "Terms") and the documents they refer to, including our Privacy Policy, Shipping Policy and Return and Refund Policy.
Our store is hosted by Shopify Inc., whose e-commerce platform allows us to offer you our products and Services.
2) Use of our Services
To use the Services you must have reached the age of majority in your state or territory of residence, or have the permission of a parent or guardian for any minors in your care. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
You may not upload or transmit viruses, malware or any other malicious code.
We reserve the right to refuse service, suspend accounts or cancel orders at our discretion if we believe these Terms or applicable laws are being violated.
3) Changes to the website and to these Terms
The content, features and prices on our website may be updated at any time without notice. We may also amend these Terms from time to time by publishing an updated version on this page. If you continue to use the Services after changes are published, you accept the updated Terms.
4) Products, pricing and availability
Product descriptions, images, colours, prices and available quantities may change at any time. We do our best to present each product as accurately as possible, but we cannot assure you that the colours shown on your screen will exactly match the physical product.
All prices on our website are shown in Australian dollars (AUD). We may limit the sale of products to certain persons, regions or jurisdictions and may limit the quantities available per order, account or address.
5) Orders and acceptance
When you place an order, you make an offer to purchase. We may accept, refuse or cancel an order, for example in the event of suspected fraud, availability issues or pricing errors. If we need to change or cancel your order, we will try to contact you using the email address or phone number you provided at checkout.
6) Billing and account information
You agree to provide accurate, current and complete purchase and account information, and to keep details such as your email address, delivery address and payment details up to date. We may refuse or cancel orders placed with incorrect or unverifiable details.
7) Shipping, delivery and returns
Everything relating to shipping, delivery times and returns is described in our Shipping Policy and our Return and Refund Policy, which you can find in the footer of our website. We encourage you to read both carefully before ordering. Deliveries within Australia are handled by Australia Post.
The return period and its conditions are described in our Return and Refund Policy.
Any applicable costs, currencies and return addresses are also stated there.
Delivery times are estimates only.
8) Third-party tools and services
Our website may give you access to tools or services provided by third parties, such as payment providers, analytics tools or review widgets. These are offered "as is" and "as available", without any warranties from us. Using third-party tools, or visiting third-party websites linked from our store, is at your own risk and subject to the terms of those third parties. We are not responsible for their content, security or practices.
9) Reviews, feedback and other submissions
If you send us reviews, comments, ideas or other materials ("Submissions"), you grant us a non-exclusive, transferable, sub-licensable and royalty-free licence to use, reproduce, publish, translate and distribute those Submissions in order to operate and improve the Services. We may monitor, edit or remove content that we consider unlawful, offensive, infringing or otherwise inappropriate.
You confirm that your Submissions do not violate the rights of third parties (including intellectual property, privacy or image rights), are not unlawful or defamatory and do not contain malicious code.
10) Personal data
All personal data you share with us is handled in accordance with our Privacy Policy, linked in the footer. It explains what we collect, how we use it and what rights you have under applicable data protection law.
11) Errors and omissions
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions, for example in product descriptions, prices or availability. To the extent permitted by law, we reserve the right to correct such errors and to update or cancel affected orders at any time without notice.
12) Prohibited uses
In addition to the other restrictions in these Terms, you may not use the Services or the content of our website:
- for unlawful purposes,
- to violate local regulations, laws or ordinances,
- to infringe intellectual property rights,
- to harass, defame, discriminate against or harm others,
- to provide false or misleading information,
- to upload or spread malicious code,
- to scrape, index or collect the personal data of others without consent,
- to interfere with the security or proper functioning of the Services.
We may terminate or restrict your access if these rules are violated.
13) Disclaimer of warranties
Except as prohibited by law, the Services and all products are provided "as is" and "as available", without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title or non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure or error-free. Nothing in this section excludes, restricts or modifies the consumer guarantees that apply to you under the Australian Consumer Law, which remain fully applicable.
14) Limitation of liability
To the maximum extent permitted by law, Emma Rose Smith and its directors, employees, affiliates, agents, suppliers and service providers are not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profits, revenue, savings, data or replacement costs, nor for any other damage arising from the use of the Services or the products, even if we have been advised of the possibility of such damages. In jurisdictions that do not allow certain limitations, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for fraud, gross negligence, death or personal injury, or for any other liability that cannot be excluded or limited by law, including liability under the Australian Consumer Law.
15) Indemnification
You agree to indemnify and hold harmless Emma Rose Smith and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or the rights of a third party.
16) Severability
If any part of these Terms is found to be unlawful, void or unenforceable, that part will still be enforced to the maximum extent permitted by law, and the remaining part of the Terms will continue to apply in full.
17) Termination
These Terms apply until terminated by you or by us. You can stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, without prejudice to any amounts owed up to the date of termination. Provisions that by their nature should survive termination will remain in force.
18) Entire agreement and waiver
These Terms, together with the policies published on our website, constitute the entire agreement between you and us regarding the Services and supersede all previous agreements and communications. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to do so later.
19) Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of the Netherlands. This choice of law does not deprive you of the protection of mandatory consumer protection laws that apply in your country of residence: if you are a consumer in Australia, the Australian Consumer Law continues to apply to your purchase, and you may bring proceedings before the courts and tribunals competent for your place of residence.
20) Contact
Store name: Emma Rose Smith
Email: info@emmarosesmith.com
Customer service hours (AEST):
Monday – Friday: 09:00 – 17:00
Saturday: 09:00 – 16:00
Sunday: 09:00 – 16:00
Business information
Company name: Atelier Emma & Rose
Company registration number (KvK): 34369650
Business address: Donizettihof 26, 2402 EK Alphen aan den Rijn, Netherlands
Email: info@emmarosesmith.com
Emma Rose Smith is a trading name of Atelier Emma & Rose