terms and conditions

www.emine.com.au (the “Website”) is a website operated by Emine handmade (ABN 88 585 919 153) of Eltham, Victoria 3095 (“we”, “us” and “our”). The terms, conditions, notices and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and your purchase of any goods (“Products”) or services (“Services”) via the Website. By using the Website, you acknowledge that you have read and understand the Terms of Use and you agree to be bound by them.


We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, we recommend that you periodically review the Terms of Use. You agree to be bound by any changes, modifications or revisions to the Terms of Use as made by us from time to time.

 

PRICES, PURCHASES and PAYMENT

 

You agree to pay the purchase price specified on the website at the time you place your order for the purchase of a Product or Service, together with any shipping and insurance charges based on the shipping option you select. All amounts are stated in Australian dollars. All purchase prices do not include Australian GST. Shipping and any insurance charges will be separately shown.

 

If your delivery address is outside of Australia, you (or the addressee) will be responsible for paying any sales, goods and services, value-added, customs, excise, import, export or similar taxes or charges (“Other Taxes”) imposed by any government authority in the relevant state or country. To ascertain whether any Other Taxes apply, you should contact the applicable taxing authorities of the state or country where the products are to be shipped.

 

Payment for the Products or Services must be by credit or debit card. Credit and debit card payments are processed by a third-party payment processor. A transaction fee may apply for the use of certain credit cards.

Where this is the case this will be described on the Website.

 

By placing an order with us, you are making an offer to purchase the desired Products or Services. You are not permitted to order any Products or Services for resale to a third party. We reserve the right to accept or reject any offer you make, for any reason, including if the Products requested are not available, workshop classes are full, payment is not processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud or there is an error in the price or description of the Product or Service shown on the Website. Each offer accepted by us creates a separate and binding agreement between you and us for the supply of the relevant Products or Services.

 

After you make payment for your order, we will email you an invoice, which confirms acceptance of your order.

 

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we are not obliged to re-send the order to the correct address at our own expense.

 

PRODUCT DESCRIPTIONS

 

We describe our Products and Services as accurately as possible on the Website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.

 

Images of Products or Services are provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour.

 

The actual product may vary from the images shown on the website. Despite every effort to provide accurate images of each product’s colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors.

 

CANCELLATION OF ORDERS

 

We may cancel an accepted order if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of the Terms of Use.

 

Inadvertent pricing and other errors may occur on the Website from time to time and we may cancel an order that we have accepted in such circumstances. We may also cancel an order in the event of unforeseen supply problems or unexpected demand resulting in a Product or Service being unavailable.

 

You will be refunded the full purchase price for the cancelled order, but you will not be entitled to compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

You may cancel an order that we have already accepted if we are in breach of these Terms of Use.

DELIVERY

 

We will normally ship in-stock Products within 1-2 business days after acceptance of an order. For out-of-stock Products we will notify you of the estimated date that the Product will ship.

 

Any delivery times displayed on the Website are estimates only, based on the information provided by the shipping company(s) we use.

 

Free Australia-wide shipping applies to product orders over $150.

 

We will provide you with a tracking number once your order has shipped.

 

RETURNS

 

If you change your mind, you may return a product within 7 days of receipt. Subject to our receipt of the returned product in an unused state, in re-saleable condition and in its original packaging, you will be able to return or exchange the item to the same value (purchase price) of the returned product. You will be responsible for the costs of returning the product to us. Please ensure you use a trackable or signed-for delivery service such as registered post and pack the Products carefully. You will be responsible for any damage to products caused in transit.

 

Items that cannot be refunded for change of mind include custom made pieces, personalised products and earrings.

 

If the item you wish to return is faulty, we will require photographic proof of the faulty item. Once we confirm the item is faulty, you will be offered a replacement or repair of the faulty item or a full refund, exchange or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method.

 

Many of our products are handmade and delicate. You must treat the products with appropriate care. Products will not be accepted as faulty returns if they are damaged by you.

 

We are only able to offer refund, exchange or store credit to the original purchaser of the returned product.

 

Store credits are valid for 1 year from the date of issue, unless specified otherwise.

 

DISCOUNT CODES

Discount codes are for one-time use only and may not be used on gift vouchers.

LICENSE TO USE CONTENT ON WEBSITE

You acknowledge that the Website and all related content is subject to copyright and other intellectual property rights (“Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

 

We (or our licensors) retain all right, title, and interest in and to the Website and all related content, and nothing you do on or in relation to the Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to above, licence you to exercise any Intellectual Property Rights unless this is expressly stated.

 

Except as provided in the Terms of Use, permission to reprint or electronically reproduce the Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

Subject to applicable law, we may revoke the permissions referred to in this section at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

GENERAL RESTRICTIONS

In using the Website, you must not:

  • provide us with inaccurate or incomplete information;

  • violate any applicable laws, or use the Website for any purpose that is unlawful or prohibited by the Terms of Use;

  • impersonate any person;

  • distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;

  • collect or store personal data about other users of the Website; or

  • engage in any other conduct that inhibits any other person from using or enjoying the Website

WARRANTIES AND LIABILITY

 

We warrant that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to us for a replacement, full refund or store credit as described above under the heading “Returns”:

  • each Product is of saleable quality (subject to any defects described on the Website) and will comply in all material respects with any descriptions given on the Website; and

  • unless otherwise noted, the Products will be new and not second-hand.

We warrant that if any Service fails to comply with the following promises when performed, you may request reperformance of the Services or a full refund or store credit as described above under the heading “Returns”:

  • The Services will be provided with due care and skill;

  • The Services are fit for the purposes described on the Website; and

  • The Services will be performed within a reasonable time.

 

In addition, if the Australian Consumer Law applies to our sale of a Product or Service to you, we provide you with notice of the following guarantee under the Australian Consumer Law:

 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or a Product or Service that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

 

Subject to our obligations under the Australian Consumer Law, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or a Product or Service, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:

  • AUD$100; and

  • the amounts paid by you as a result of the purchase of a Product or Service

To the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

  • special, indirect, consequential, incidental or punitive damages; or

  • damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Except for your statutory rights, with respect to the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied;

  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;

  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and

  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

 

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

 

INDEMNITY

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

PRIVACY NOTICE

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with Under the Privacy Act (Australian Privacy Principles 12 and 13).

GENERAL

 

Neither we nor you will be liable for any delay in performing an obligation under these Terms of Use, if such delay is caused by circumstances beyond our or your reasonable control.

 

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

 

These Terms of Use, (together with any policies or agreements expressly incorporated into these Terms of Use, such as the Privacy Notice and the Participation Waiver,) constitute the entire agreement between us and you in relation to the Products and Services.

 

We and you agree that we may communicate with each other electronically for all aspects of any product or service purchase, including by sending electronic notices.

 

The provisions of these Terms of Use which by their nature should survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.

 

The term “including” when used in these Terms of Use. 

© 2020 by Emine handmade

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