While Terms and Conditions may appear to be a blast of legal blather, they are integral to every business. They define the manner and guidance within which a business operates and interacts with its public – its customers. So please read them carefully as they are drafted to help you and to provide clarity.
OUR PRODUCTS AND SERVICES
My Emporium offers a diverse range of Products that are drop-shipped to our customers around the world. Many products or special collections are custom-manufactured for orders, based on their artistic design and/or customer sizes - our Services. You should not totally rely on information accessed using the Site to base any purchase decision; rather, make your own inquiries, take your own measurements, confirm and form your own opinion before taking action.
The terms "us" or "we" or "our" refers to My Emporium as the owner of this Website. A "Visitor" is someone that merely browses our Website. A “Customer” is someone who purchases products from our Website and a "Member" is someone who has selectively registered with our Website to use our Services or opt-in to receive information or promotions from us from time-to-time. The term "User" is a collective identifier that refers to a Visitor, Member or Customer. All text, information, blogs, graphics, design, and data offered through our Website or Services are collectively known as our "Content". We distinguish content posted by our Members as "Member Content" and comments and/or Reviews as “Customer Content”. All our artists work is referred to as “Visual Content” and is Copyrighted to or by us, or alternatively Licensed to or by us. Copyright infringement of our Visual Content will be punished by the appropriate methods and means available to us in each jurisdiction in which it occurs.
ACCEPTANCE OF AGREEMENT
THIS AGREEMENT IS BETWEEN YOU AND MY EMPORIUM. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. YOU MUST BE OF A LEGAL AGE IN YOUR COUNTRY (IN MANY CASES THAT IS 18 YEARS OLD) AND HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT WITH US AND TO COMMIT TO ANY PURCHASE DECISION.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
We may amend this Agreement at any time without specific notice to you, therefore you should review this Agreement prior to using our Website. By continuing to use our website, you agree to be bound by this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
Any violation of this Agreement will subject you to potential suspension or termination of your Membership or Customer account. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default or violation of this Agreement by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Your use of our Website and Services are solely for the purpose of viewing or purchasing our products. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your access and use of our Website, Content, Services, and Products therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way constitutes any agency, partnership, joint venture or franchisor-franchisee relationship between you and My Emporium other than a simple customer or member relationship.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks, trademarks as well as those of our affiliates or other companies, in the form of words, graphics, videos, and logos as well as our exclusive copyrighted artistic content. Your use of our Website or Services does not constitute any right or license for you to use our service marks, trademarks or content. Our Content, as found on our Website, is protected under global copyright laws. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any rights or access to our Content.
The opinions expressed on our Website are not necessarily the opinions of My Emporium. Any Blog content provided by our bloggers are of the blogger’s opinion and is not intended to malign any religion, ethics group, club, organization, company, individual or anyone or anything. Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. We undertake no obligation to update any Content on our Website with any immediacy. We reserve the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS, AND CHANGES
While we use our best efforts to keep all content up to date and compliant against malware, we do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services. We rely on the correct representation of products, descriptions, specifications and other respective information made available to us from our suppliers or manufacturers and will not be held liable for any misinformation that may be provided to us by them.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and or other professional advice and that no professional relationship of any kind is created between you and My Emporium. You hereby agree that you shall not make any financial, investment, legal and or other decision based in whole or in part on anything contained in our Website or Services.
PRODUCT DELIVERY COSTS AND CURRENCY
The Cost of a Product as displayed on the Product Page does not include Delivery Costs unless otherwise clearly stated as ‘Free Delivery’ alongside each product listing. We reserve the right to alter delivery costs from time to time to reflect current industry shipping and courier fees, charges and adjustments or promotional marketing opportunities. Delivery Costs shall be quoted and added to the Sales Price to arrive at the total amount charged for any orders for the purchase of your Products. Our delivery costs are as quoted on the Website and in the same currency as the default currency setting of the website which is in USD. See our SHIPPING & DELIVERY policy here.
ADVERTISERS AND SPONSORS DISCLAIMER
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for any illegality or error, inaccuracy or problems in advertiser or sponsor materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS OR AFFILIATIONS DOES NOT CONSTITUTE ENDORSEMENT, GUARANTEE, WARRANTY OR RECOMMENDATION BY US AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
You understand that we do not operate or control the product manufacture or fulfillment delivery services offered by Manufacturers and Drop-Shipping Merchants on our behalf. Manufacturers and merchants are responsible for all aspects of manufacture, order processing from us and fulfillment of products to meet the merchantable product quality and standards as listed on our website. You agree that products listed and described on My Emporium as being of good quality, by definition, may be subjective from a customer viewpoint and in this regard, purchase of products from My Emporium is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF FITNESS FOR PURPOSE; NOR ARE WE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
My Emporium is not responsible or liable in any manner for any Content and Warranties posted on our Website or in connection with our Services, whether posted or caused by Customers, Members of or Visitors to our Website, or inadvertently by My Emporium personnel. Although we may facilitate Member postings and Customer Reviews, we do not control them, nor are we responsible for what Members or Customers may post, transmit or share on our Website nor any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website from them. My Emporium will make every effort to eliminate objectionable or offensive content or behavior as it occurs, but it is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. My Emporium assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft or destruction or unauthorized access to, or alteration of online communications. My Emporium is not responsible for any technical or network malfunction, computer system servers or ISP providers or website hosting company, back-end data disruption, computer or mobile phone deficiencies, software failure, technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Services. Under no circumstances will My Emporium be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Products or Services, nor any interactions between Users of our Website or Services, whether online or offline.
My Emporium reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MY EMPORIUM, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. MY EMPORIUM RELIES ON THE INTEGRITY OF THE PRODUCT INFORMATION AND ASSOCIATED PRODUCT SERVICES PROVIDED TO US BY SUPPLIERS AND THEREFORE DOES NOT REPRESENT OR WARRANT THAT PRODUCT CONTENT OR SERVICES ARE ACCURATE, CURRENT OR ERROR-FREE. NOR DO WE REPRESENT OR WARRANT THE RELIABILITY, SUITABILITY, PERFORMANCE OR COMPLETENESS OF PRODUCTS OR THE ASSOCIATED INFORMATION THAT IS PROVIDED TO US OR BEING USED BY YOU, IS RISK-FREE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU WILL NOT HOLD MY EMPORIUM LIABLE, NOR OUR AFFILIATES FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT TO USE THE MY EMPORIUM WEBSITE. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
My Emporium as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacture of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website and Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL MY EMPORIUM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE OR PLUGINS UTILISED ON OUR WEBSITE TO OPTIMISE PERFORMANCE, CONVENIENCE OR ANY OTHER VALUE-ADDED CHARACTERISTICS TO ENHANCE OUR CUSTOMER EXPERIENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY EMPORIUM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY PRODUCT OR PRODUCTS PURCHASED FROM OUR WEBSITE SPECIFICALLY GIVING RISE TO SUCH LIABILITY.
MEMBER OR CUSTOMER CONDUCT
Members or Customers may post their own content by way of reviews to our Website through our Services, Blogs or Member/Customer Reviews. Members, Visitors, and Customers understand that by using our Website or Service they may be exposed to content that is offensive, indecent, or objectionable. We have no control over such Content and do not in any way guarantee the quality, accuracy or integrity of such content. My Emporium is not responsible for the monitoring or filtering of any such content.
If any offensive or inappropriate content is reported, we may ask the offending person to retract or otherwise modify the questionable content within 24 hours of being notified. Should the offender fail to meet such a request, My Emporium has full authority to either restrict the person’s ability to post content OR to immediately terminate the membership or customer account without further notification.
Without limiting the foregoing, we have sole discretion to remove any Member or Customer Content that violates this Agreement or is otherwise objectionable in our sole discretion. The general public is responsible for informing themselves of and complying with, all applicable federal and state laws involving infringement and abuse of copyright and trademark laws and as such, must respect these laws or suffer the legal consequences.
My Emporium owns the exclusive Copyright or has Licensed the Rights to the Artistic Works used on its website. You warrant that you will not infringe the intellectual property rights of My Emporium or any others in any way. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of blocking or terminating Members and Customers who we deem, in our sole discretion, to be infringers of intellectual property rights or for using foul language or offensive behavior.
You hereby agree not to use our Products or Services to do any of the following:
In the sole judgment of My Emporium, if the content is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose My Emporium or our affiliates to any harm or liability of any type My Emporium may terminate all further business or customer relationships.
No individual or business enterprise of any form may use our content to:
USE OF INFORMATION
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, ISP’s, Hosting Companies or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your customer profile, email addresses, usage history, posted materials, IP addresses, and traffic information. We may, in our sole discretion, release your contact information to a third party that alleges unauthorized use of its intellectual property. Further, upon receipt of such complaint or allegation, in our sole discretion, your customer access or membership account may be suspended or terminated.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoured payment.
RETURNS AND REFUNDS
To the extent that you purchased goods (products) from us, we may refund your purchase price if we are notified by you in writing via our CONTACT US page here, within fourteen (14) days and subject to the conditions described within our RETURNS & REFUNDS policy available here.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services. My Emporium Terms and Conditions herein are subject to the Australian Consumer Law and specifically to the jurisdiction of the State of Victoria, in which My Emporium is based.