Terms of service

Welcome to Amelian Ways. These Terms of Service ("Agreement" or "Terms") govern your access to and use of our website located at amelianways.com (the "Site"), as well as any purchases, subscriptions, SMS communications, and services offered through the Site. By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

1. Acceptance of Terms

By using our Site, creating an account, making a purchase, or subscribing to any of our communications, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to update or modify these Terms at any time. Changes are effective immediately upon posting. Your continued use of the Site after any changes constitutes acceptance of the updated Terms.

2. Use of Our Website

Our website is intended for personal, noncommercial use unless otherwise authorized by Amelian Ways. By using our Site, you agree to:

  • Comply with all applicable local, state, federal, and international laws and regulations.
  • Not use the Site for any unlawful, fraudulent, or unauthorized purpose.
  • Not attempt to gain unauthorized access to any part of our Site or systems.
  • Not transmit any harmful, offensive, or disruptive content.
  • Not reproduce, distribute, modify, or create derivative works from any content on our Site without our express written consent.
  • Not use any automated tools, bots, or scrapers to access or collect data from our Site.

We reserve the right to suspend or terminate access to any user who violates these Terms.

3. Orders and Payment

By placing an order on our Site, you represent that you are authorized to use the payment method provided and that all information submitted is accurate.

We reserve the right to refuse or cancel any order at our discretion, including in cases of suspected fraud, pricing errors, product unavailability, or other circumstances that may prevent us from fulfilling an order.

All prices are listed in U.S. dollars. Applicable taxes and shipping fees will be calculated and displayed at checkout. Payment is due in full at the time of purchase unless otherwise stated.

4. Custom and Made-to-Order Items

Many of our products are custom made or made to order specifically for you, including designs created through the Amelian Ways Custom Builder for personal, business, organizational, Divine Nine, wedding, and other approved needs.

By placing an order for a custom or made-to-order item, you acknowledge and agree to the following:

  • Before your order goes into production, we send you a proof to review and approve. The proof reflects the finished item. We do not send anything to manufacturing that does not match the proof you approve, and any difference is explained to you in full before you approve it.
  • You must review and approve your proof carefully. It is your responsibility to provide accurate customization details, and we are not responsible for details you approved or for errors resulting from incorrect information you submitted.
  • Custom and made-to-order items are final sale. They are nonrefundable and nonexchangeable, except that if the finished item arrives damaged or defective, or does not match the proof you approved because of a production error on our part, we will remake it for you at no additional cost.
  • This does not cover an item that matches your approved proof, change of mind, personal preference, or sizing choice.
  • Custom orders begin production after payment and proof approval are received and confirmed.
  • Production and shipping timelines for custom items are estimates and may vary. We will communicate updates as needed.
  • Proof approvals must be confirmed within 48 hours of our request. Delays in approval may affect your production timeline.

If you have questions about your custom order or the proof process, please contact us before placing your order to confirm timelines.

5. Returns, Refunds, and Exchanges

Standard Items

We accept returns on eligible standard, non-custom items within 14 days of delivery.

To be eligible for a return:

  • The item must be unused, unworn, and in its original condition with tags attached.
  • You must contact us before shipping any return.
  • Return shipping costs are the responsibility of the customer unless the item is defective or we made an error.

Once we receive and inspect the returned item, we will notify you of approval or denial of your refund.

Approved refunds will be processed to your original payment method within 5 to 10 business days.

Custom and Made-to-Order Items

Custom and made-to-order items, including items created through the Amelian Ways Custom Builder, are final sale.

Because you review and approve a proof that reflects the finished item before we produce it, custom and made-to-order items are not eligible for returns, refunds, or exchanges due to:

  • Change of mind.
  • Personal preference.
  • Sizing choice.
  • Any detail shown in your approved proof.

We will only correct a custom order in the following cases:

  • The item arrives damaged or defective.
  • The finished item does not match the proof you approved because of a production error on our part.

To make a claim, contact us within 30 days of delivery at support@amelianways.com with your order number and photos.

We review every claim, and where we confirm a genuine defect or production error on our side, we will remake the item for you at no additional cost.

Digital Downloads

All digital download purchases are final sale and nonrefundable once the file has been delivered or accessed.

If you experience a technical issue with your download, please contact us within 48 hours and we will work to resolve the issue.

Damaged or Incorrect Items

If you receive a damaged, defective, or incorrect item, please contact us within 30 days of delivery at support@amelianways.com with your order number and photos.

We may arrange a replacement, remake, or refund depending on the circumstances.

6. Digital Products and Downloads

Amelian Ways may offer digital products including downloadable files, graphics, templates, ebooks, and other digital content.

By purchasing a digital product, you agree to the following:

  • Digital products are delivered electronically and may be available immediately or shortly after purchase confirmation.
  • You are granted a limited, nonexclusive, nontransferable license to use the digital product for personal or internal business use only, unless otherwise authorized in writing.
  • You may not resell, redistribute, share, sublicense, or use digital products to create competing products without our express written permission.
  • All digital products are protected by copyright and other intellectual property laws.
  • Unauthorized reproduction, distribution, or commercial exploitation is strictly prohibited.
  • Digital downloads are nonrefundable once delivered or accessed, as described in Section 5.

We reserve the right to revoke access to digital products if we determine they are being used in violation of these Terms.

7. Subscriptions

We may offer subscription-based products or services through our Site.

By subscribing, you agree to the following:

  • Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date.
  • You authorize us to charge your payment method on a recurring basis for the subscription fee in effect at the time of renewal.
  • Subscription prices may change with advance notice.
  • Continued use of the subscription after a price change constitutes acceptance of the new pricing.
  • You may cancel your subscription at any time through your account settings or by contacting us.
  • Cancellations take effect at the end of the current billing period.
  • We do not offer prorated refunds for partial billing periods unless otherwise stated.
  • We reserve the right to modify, suspend, or discontinue subscription offerings at any time with reasonable notice.

If you have questions about your subscription or billing, please contact us at support@amelianways.com.

8. SMS and Text Message Marketing

By providing your mobile phone number and affirmatively opting in to receive SMS marketing messages from Amelian Ways, you consent to receive recurring automated marketing text messages, which may include:

  • Promotional offers.
  • Cart reminders.
  • New product announcements.
  • Product launches and restocks.
  • Product recommendations.
  • Other promotional communications.

Consent to receive marketing SMS messages is not a condition of purchase.

Message and data rates may apply. Message frequency varies.

Transactional and Service-Related Messages

Transactional and service-related messages are separate from promotional marketing messages.

We may send necessary non-marketing communications related to your transactions, orders, accounts, or customer service, including:

  • Order confirmations.
  • Order status updates.
  • Shipping confirmations.
  • Tracking information.
  • Delivery notifications.
  • Customer service communications.
  • Important information regarding an order or account.

Opting out of promotional SMS marketing does not necessarily prevent us from sending necessary transactional or service-related communications where permitted by applicable law.

SMS Service Providers

We may use platforms including:

  • Klaviyo, for email and SMS marketing, cart abandonment flows, and subscriber management.
  • Postscript, for SMS marketing campaigns and subscriber communications.

By subscribing to SMS marketing, you may also be subject to the applicable terms and privacy policies of the SMS service providers we use.

Opt Out and Help

  • To opt out of marketing SMS messages, reply STOP to any marketing message.
  • You may receive one final confirmation message after opting out.
  • For assistance, reply HELP or contact us at support@amelianways.com.
  • Message and data rates may apply.
  • We do not sell your mobile phone number to third parties for their own marketing purposes.

9. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, videos, product designs, photographs, trademarks, service marks, and software, is the exclusive property of Amelian Ways or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, transmit, publish, display, or create derivative works from any content on the Site without our prior written authorization.

Unauthorized use may result in legal action.

If you believe any content on our Site infringes your intellectual property rights, please contact us at support@amelianways.com with details of the alleged infringement.

10. Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose.
  • Warranties that the Site will be uninterrupted, error-free, or free of viruses or harmful components.
  • Warranties regarding the accuracy, reliability, or completeness of any content on the Site.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

To the fullest extent permitted by law, Amelian Ways, its affiliates, officers, directors, employees, contractors, licensors, and agents shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, revenue, or business, arising out of or related to your use of our Site or services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising from or related to these Terms or your use of our Site shall not exceed the total amount you paid to us in the 90 days preceding the claim.

Nothing in these Terms is intended to limit liability that cannot legally be limited or excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Amelian Ways, its affiliates, licensors, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of our Site or services.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.
  • Any content you submit, post, or transmit through our Site.
  • Your fraudulent, unlawful, or unauthorized use of the Site.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict-of-law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Site shall first be attempted to be resolved through good-faith negotiation.

If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules.

Arbitration shall take place in the Commonwealth of Kentucky, unless otherwise agreed by the parties or required by applicable law.

You agree that any arbitration will be conducted on an individual basis and not as a class action, collective action, or representative action to the fullest extent permitted by applicable law.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction when reasonably necessary to protect intellectual property rights or prevent irreparable harm.

Nothing in this section prevents you from pursuing rights or remedies that cannot lawfully be waived or required to be arbitrated under applicable law.

14. Third-Party Links and Services

Our Site may contain links to third-party websites or services.

These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy practices, security, or terms of any third-party sites.

Your interactions with third-party sites are governed solely by their own terms and policies.

15. Privacy

Your use of our Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Our Privacy Policy is available through the privacy-policy page on amelianways.com.

By using our Site, you acknowledge the data practices described in our Privacy Policy.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

The remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Site, constitute the entire agreement between you and Amelian Ways with respect to your use of our Site and services and supersede all prior agreements and understandings relating to the subject matter of these Terms.

18. Wholesale and Bulk Orders

Amelian Ways offers wholesale and bulk ordering for qualified buyers.

Wholesale orders may be subject to minimum quantities, approval, and separate pricing shown at the time of order.

Payment for wholesale orders is due in full at the time of purchase unless otherwise agreed in writing.

Wholesale and bulk orders are final sale and are not eligible for returns, refunds, or exchanges, except for items that arrive damaged or defective.

To inquire about wholesale opportunities, contact us at support@amelianways.com.

19. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us:

Amelian Ways
Website: amelianways.com
Email: support@amelianways.com